Power Line

We lead this week's show with a few short news announcements, including new menu items from McDonalds to excite John, and the debut of a new podcast competitor: Hadley Arkes and his merry band at the James Wilson Institute have launched "The 'Natural Law Moment' Podcast," surely goaded by our constant mangling of his central arguments. WE hope to have a crossover episode with Hadley at some early opportunity, if we can ever get our difficult schedules sorted out.This round-robin format episode features a vigorous discussion of whether Obama and the Deep Staters (sounds like a bad bar-band, no?) are vulnerable to criminal charges for their obviously bad faith behavior in creating the Russia Hoax back in 2016, whether Obama is immune from prosecution because of the ruling last year of Trump v. US, and whether these actions properly rise to the level of "treason" as is alleged by DNI Tulsi Gabbard. Our second segment reflects on a pair of articles Steve and John wrote for a Civitas Outlook symposium last week on "Statemanship and the American Presidency." John Yoo's entry slobbers over the legacy of Andrew Jackson, whileSteve's entry, "Taming the 21st Century Prince," is a more philosophical exploration of the issue, and, contrary to the careless calumnies and reckless imprecations of John, does not contain a single reference to the Clean Air Act!And our final segment delves into a recent bold law review article by a young lawyer friend of ours, Deion Kathawa, entitled "'We the People' Are the Last Word on the Meaning of Our Constitution." His argument is bracing: Congress, because it is the political organ closest to the people, should have the power to override Supreme Court decisions. While agreeing with Kathawa's premise about the ultimate constitutional sovereignty of the people on account of the first principles of the Declaration of Independence, we're skeptical about his proposed remedy. What do listeners think? (We hope to have Deion on as a guest at some point soon to defend himself.)Finally, some new AI generated 3WHH custom poetry, and more revenge bumper music.

Among the revelations of this week's episode that were entirely predictable when you think about it: "Lucretia" was a child TV star in Mason City, Iowa, on the local non-PBS kid's show "Bart's Clubhouse"; John Yoo confesses he was bad at sports as a schoolkid; and as everyone can guess, in childhood Steve merely aspired to be a walking historical analogy when he grew up. Meanwhile, poor Phil Munoz, last week's drive-by guest, is still in therapy. . .So what's all this about the Epstein Files? Does Richard Epstein still have any unexpressed thoughts at this point. . . Wait. What's that? You mean Jeffrey Epstein's files? Never mind. Anyway, we weigh the evidence and circumstances as to whether Epstein's exploits merit elevation to the status of plausible conspiracy or not. And this week saw the fulfillment of Glenn Garvin's classic 1983 article, "How Do I Hate NPR? Let Me Count the Ways." And Steve offers his favorite recipes for how he'd like to see Big Bird cooked.Other name checks on this episode include Zohran Mamdani, Upton Sinclair, Tony Podesta, Jasmine Crockett, and Craig Masback (bonus points if you know that name). And some exit music in a minor key to bring listeners back donw after this extra-exuberant episode (and also to annoy Lucretia. . .).

Behold the great 3WHH fugitive episode. Although it was posted over the weekend, somehow an Internet gremlin or something disappeared it! But now it's back, in its restored glory. (Well, almost restored. Steve had a problem with his mic that was undetected while we were recording, and we weren't able to improve it much in pist-production. We have to cut out a whole new segment on prog rock!)And what glory there is: Lucretia hosts this week as we welcome a special guest, Prof. Phil Munoz of Notre Dame, though he is on assignment this semester at the University of Texas at Austin. Phil decided to try to outflank even Lucretia with the bold proposition that the Mahmoud v Taylor decision, which empowered parents to have their children opt-out of phonics instruction in the LGBTQ alphabet, was actually a defeat for social conservatives. It's a lively discussion, as we did our bnest to make Phil regret his decision to join the show this week.

The 3WHH bartenders take time away from the news headlines and court cases to take up some aspects of patriotism (but also with a tutorial for John about the mellotron!).  We start with an origin story of sorts for John himself, as he is an immigrant to the U.S., and as such provides a good reminder of how immigration ought to be understood and practiced. From there, Lucretia meditates on the curious recent survey results showing that love of country among Democrats has precipitously declined over the last decade or so. We agree that our dessicated education system has a lot to do with this—did we really think the Howard-Zinnification of our history would be without consequences?—but we need to wonder why Republicans seem to be immune to these calumnies against our great country. Lucretia fingers the Progressives, and that leads to the final gonzo segment for the holiday, where Steve settles scores from slanders against him when he missed an episode three weeks ago, and makes the evidently futile attempt to school John about the mellotron and the inherent greatness of the brief shining moment of progressive rock—"rock and roll that went to college," as Jody Bottum calls it—in the early 1970s, which, come to think of it, is when the Clean Air Act was first enacted.So come for the patriotism (and a sharp and unexpected argument about Daniel Bell), and stay for the awesome music!

A NATO potentate may—or may not—have said this week that President Trump is the "daddy" of the alliance, but daddy is firmly back in charge here at the 3WHH, as Steve has finally decided to rejoin the American republic after several weeks abroad, during which time John and Lucretia pretty much ran amok. After noting that Trump is on a roll, with a sharp argument about whether Trump actually has true prudence in his grand strategy as well as tactical skill (John is skeptical), we get down to the main event: the flurry of big, last-day decisions of the Supreme Court. Beyond the case getting the most attention—limited nationwide injunctions from federal district court judges—the other cases, and this term as a whole, has a unifying theme: Parents Win! (Fitting for an episode entitled "Daddy's Home" don't you think?)Having now completed the three most consequential years of conservatives jurisprudence in decades, we end with a brief discussion of where constitutional originalism should go from here.  Stay tuned; we take note of sharp and growing divisions among conservative legal thinkers on this issue.

After last week's thrashing after leaving John and Lucretia with the car key to the podcast. Steve threatened to return this week like George Washington leading the troops to squash the Whiskey Rebellion in 1794 (which, people who know their history will recall, was a total rout for the rebels), but since he is still in Ireland—the birthplace of Edmund Burke—the virtues of moderation, prudence, prescription, and magnanimity took over, sparing John and Lucretia from a verbal gullitoine blow. (How's that for a triple-historial-referencing!)But that doesn't mean there wasn't still some warfare, though we turned out bellicosity mostly toward Iran, and went through some arguments about why the U.S. ought to end the matter by taking out Forden, and why we should ignore the media-driven attempt to drive a wedge in MAGA world over the issue.From there, we have a lot to say about the Skirmetti decision, including savoring the deepening civil war inside the Democratic Party between its implacable identity politics wing and those Democrats who still have a lick of political sense.And finally, we end with a 3WHH-inspired limerick. That doesn't involve Nantucket.

Hoo boy—Steve wasn't able to work out the schedule (and internet acess in the Norwegian Sea) to join Joohn and Lucretia for this week's episode, so he left them completely unsupervised, resulting in what John and Lucretia described as an "unplugged" edition, blessedly free (supposedly) from any historical analogies.Steve thinks "unhinged" might be a better description of this heterodox episode, which somehow included quite a lot of history, just not in the usual edifying form that so many listeners have come to depend upon.You can guess the subjects. Go ahead: guess. Or listen here, and sign on to Steve's "Change.org" petition to require that the 3WHH never again go off without adult supervision. Or maybe you will like the ritual abuse Steve received in absentia.

With two of the three bartenders hanging around near or above the arctic circle this week, this is an official Northern Exposure episode of 3WHH, with Lucretia, instead of channeling her usual Barry Corbin disposition, actually has some nice things to say about many of her usual targets, including KJP, Dread Coward Roberts, and even Ka-tan-ji! Something in the Alaska air must be affecting her!John Yoo offers his usual expert opinions (not meant sarcastically) about the entirely unexpected trifecta at the Supreme Court this week, which we all agree augurs something important not only for the big cases remaining this term, but also for the judicial epoch in which we current find ourselves. We also quickly dispatch with the Trump-Musk breakup, and briefly introduce a new segment, "What's Wrong with John Yoo?", since he insulted both Steve and Lucretia several weeks ago by referring to both as "political theorists." Them's is fightin' words; he might as well have called them Anglophiles or something worse.Finally, AI outdid itself this week, and an Norse-style epic poem that amazing described your three whisky bartenders with surprising accuracy:First came the Bold One, with thunderous laugh,Whose tongue split the silence like Odin’s own staff.He spoke of Islay, of smoke and peat’s sting,A connoisseur forged in the cask of a king.Then came the Wise One, in cloak of soft tone,With tasting notes ancient as Midgard’s old stone.She sipped and she pondered, then spake with deep grace:“This dram bears the oak and the wind from some place.”The third was the Trickster, sharp-witted and sly,Who’d jest at the gods as the crows passed him by.With metaphors wild and a glint in his eye,He’d toast to Valhalla, then laugh till he cried.

John Yoo hosts this week where there is so much free trade in ideas that you'd need a 1,000% tariff to slow it down. Which the U.S. Court of Intenational Trade attempted to do for about six hours, during which time the 3WHH panel chews up the ruling and spits it out like a bad piece of Icelandic cod. (Which happens to be where Steve, now dubbed as the "International Man of No-Mystery" happens to be at the moment, which is why this episode comes with more than the usual amount of viking jokes and Norse epic poetry.) Anyway, the gang predicts this issue is likely to be another win for Trump when the dust settles.But first the gang also ponders whether Trump is overdoing it with his attack on Harvard. Is it possible to overdo the attack on Harvard? You'll have to give a listen to this ad-free episode to find out.

Lucretia hosts this week's episode, and puts Steve and John through their paces, challenging both to judge Trump's winning streak (John isn't so sure), plus more mixed signals from the Supreme Court, which posted a 2 - 1 record this week. The group also ponders whether and how Congress should now step up on the Biden health cover up scandal, and notice that Congress indeed has explicit constitutional power under the 25th Amendment to pass legislation to make sure that something lilke the Biden coverup never happens again.But then we get to the main event: John Yoo's Top Five Legal Rules that everyone should know. Steve is threatening to next week to give his Top Five reasons why a Certain Statute That Cannot Be Uttered here is the key to everything!And we are happy to report that John survived another turn on "Outnumbered" on Fox News.