Power Line

This week's episode has it all, starting with the lamentable fact that when you hear "porn is everywhere these days," it included even the Powerline website this week, and then proceeding to the obscenity of the John Eastman disbarment, the disappointment with the 5th Circuit's decision preventing Texas from securing its territorial integrity, on how best to squash squatters, and a vigorous argument about the legacy of the recently deceased Joe Lieberman. (Steve and John give Lieberman a thumbs-up, while Lucretia. . .)All three of us independently chose the same article for our picks for Article of the Week—Walter Russell Mead's Tablet magazine piece entitled "Twilight of the Wonks." It has some magnificently harsh language about the leaders of our elite educational institutions, such as "moral jellyfish," and leaders who are "careerist mediocrities who specialize in uttering the approved platitudes of the moment." We're less sure about Mead's diagnosis about the role of narrow specialization in the decay of our universities.At least we have Krispy Kreme donuts coming soon to McDonald's to look forward to.

This episode could be mistaken for the Three Martini Happy Hour, because this week's episode comes with a tangy twist. John Yoo is away this week, so we brought in a ringer to take his place: Prof. Hadley Arkes! Thus this episode become a Positivism-Free Zone, in which we review the deepest ground of the natural law unencumbered by John's usual alarums, excursions, and errors.The episode comes in three parts: Hadley made some news yesterday, celebrating the retirement of the noted Notre Dame Law professor Gerard V. Bradley, who will be joining Hadley at the James Wilson Institute on Natural Law and the American Founding. From there Hadley proceeds to answering the question that we've been kicking around ever since the Dobbs decision, namely, just how should pro-life politicians break out of their self-imposed muteness about abortion. Hadley has the strategy.Finally, we spend some time toward the end getting down some of Hadley's "origin story" that brought him to Leo Strauss's classroom at the University of Chicago back in the 1960s, and key friendships made along the way—especially our late friend and unsung hero Michael Uhlmann.Note: We had some internet glitches while recording this episode that weren't easily edited or smoothed over, so we ask listeners' indulgence with these hiccups, in return for which we'll present this installment ad-free.

Move over "Republicans pounce" as the favorite media deflection. We now know that when an old man yells at clouds—or members of Congress—the media fall in line and declare it "fiery."Well the 3WHH is authentically fiery! Four habanero spicy! This week more than ever.After dissecting the Hur testimony and its missed opportunities, we take on the issue of whether Biden is playing senile on purpose, what to make of the Tik-Tok forced sale proposal, what to make of Chuck Schumer's proposal for an putsch in Israel, and finally, another round in the ring on constitutional originalism, prompted by Frank DiVito's article out this week, "Can Constitutional Originalism Overcome Our Crisis?"

Lucretia hosts this week's episode, which we recorded in the morning over coffee instead of whisky because travel schedules prevented the normal and proper Friday evening happy hour, and guess what? We're even worse without whisky! Among the news and issues treated this week: Why Biden isn't FDR (he's not even Harry Truman); why this was the worst SOTU (Lucretia offers a different acronym) speech ever; whether there are signs of life for the GOP in California after all; how immigration and abortion are playing out in the campaign cycle so far; how to think about the Supreme Court decision in the Colorado case dealing with Trump's eligibility for the ballot (hint—it ain't over till it's over); and finally, can Harvard be serious in asking for a government bailout? The unifying theme here is galloping dishonesty, which is being normalized more and more every day.Our articles of the week are (from Steve): Daniel Patrick Moynihan's classic essay "Defining Deviancy Down," newly salient in an age of truth-denying euphemisms like "justice-involved youth" and "newcomers" instead of "migrants" (which was a substitute for "illegal alien"); Lucretia ponders the challenges of Alex Berenson's Substack article on new threats to free speech; And John draws our attention to the original 14th Amendment article from Baude and Paulson that brought us to the Supreme Court steps earlier this week, plus responses (also here) that got overlooked at the time, now largely vindicated.

This episode has everything: a how-to guerilla guide to improving your McDonald's hamburger experience; a spirited discussion of the Alabama Supreme Court decision that defines frozen embryos as persons (Steve thinks the media is willfully misreporting the decision—John is not so sure); those crazy new presidential rankings from political scientists—and even some soft-core porn! Say what? Well, it turns out that that Judge Arthur Engoron, who oversaw Trump's alleged fraud trial in New York City, apparently has a case of Anthony Weiner envy, and posted some rather racy locker room pics of himself some years back. And right in the middle of our discussion Lucretia flashed the pictures up on the Zoom screen, sending John and Steve rushing for some eye-bleach. There must be something in the bottled water Manhattan Democrats drink. (And doesn't Engoron sound like the name of a dwarve or elve who goes bad in Lord of the Rings?) Click through the link here if you are brave.In any case, we do finally get around to a new segment of the 3WHH, where we note three articles from the last week for what they can tell us about something. John chose those stupid presidential rankings; Lucretia chose an MSNBC article from leftist columnist Paul Waldman that unwittingly admits that everything conservatives say about the administrative state is completely true; and Steve picked Karol Markowitz's NY Post column reflecting on how recent social science that ratifies the conservative view that two-parent families are the best way to raise children is so contoversial with the left, which is no surprise.

We're up a day early with this week's episode because of schedule problems, but mostly to get a drop on the streaming services with our new (un)reality TV show, "The Real Prosecutors of Atlanta," starring Big Fani Willis. OMG, is this not the best television since last week's Super Bowl? Steve show up, however, with a gin martini instead of peaty whisky, which drew a rebuke from You Know Who, who had three proper whiskies on hand for the episode. But this episode isn't all fun and giggles. We also rake up the ongoing immigration saga in Washington, complete now with an impeachment! And also analysis of Trump's supposed attack on NATO and surrender to Putin, though some of us think this is another sign of Trump's peculiar genius.Finally, can we really be so lucky that a week later the Hur report is the gift that keeps on giving?

The Twenty-Fifth Hour is the 1950 novel by the Romanian writer C. Virgil Gheorghiu that weaves a tangled, early post-modern tale of central Europe and the Balkans in World War II. It is justly forgotten today, but the title is back in a manner of speaking because it highlights the great irony of the Left's Ahab-like pursuit of the Great Orange Whale (to mix literary references). Anyone else recall back in 2017 how a concerted mob of concerned citizens suggested the presidential disability clause of the 25th Amendment be invoked to remove President Trump from office? Think of it as a 25th Hour moment. This week ended with the 25th Hour being invoked to remove Joe Biden from office because of his obvious and rapidly advancing senility. Yet one more example of how a strategy to get Trump, like the Me Too movement, has circled around like a rogue torpedo to explode in the face of the Left.The week began with such promise for the anti-Trump crusade. The walls were closing in on the breaking dam that would drown the freshly roosting chickens! Bam: no immunity for you! And the Supreme Court might allow Trump to be banned from the ballot! Except that didn't go according to script. And then the report of the greatest Hur since Ben Hur, declaring that Biden isn't competent to stand trial for the very same "willful" crime for which Trump is being prosecuted, but is somehow competent to remain president? The Left should have taken a lesson from those failed exploding cigars they tried to use on Castro 60 years ago.But about that disability clause in the 25th Amendment: we take a closer look, and note that Section 4 in particular is not as clear cut and simple as it sounds. Meaning we're likely stuck so long as Edith Wilson. . ., er, we mean, DOCTOR Jill Biden has anything to say about it.And finally, we close out this week's epsiode with happy 64th birthday wishes to Lucretia, so the exit bumper music is fairly predictable, isn't it? (Though I chose a rendition from an obscure artist just to annoy this week's host!)

John Yoo is where?? Mexico!?!? So after all that talk the last couple weeks saying the situation at the southern border did not constitute an "invasion," now he's in Mexico on some undisclosed clandestine mission. Which makes no sense: they don't even have McRibb there. Taking John's place this week is Inez Stepman of the Independent Women's Forum, frequent contributor to the New York Post, First Things, The Federalist, and other premier outlets, and co-host of the High Noon podcast on the Ricochet network. She was more than game to join Lucretia in beating up on Steve.We invited Inez to weigh in on the long-running debate we've been having here about the Civil War, how to understand it correctly, and how presidential candidates like Nikki Haley should talk about it. From the we take a look of David Frum's quixotic attempt in The Atlantic to "uncancel Woodrow Wilson," to which were in heated agreement that David is off his rocker.Then John Hinderaker joins us to give us the latest news about the firebombing of his office this past week, plus a few summary impressions of the Michael Mann vs. Mark Steyn cage match playing out in court in Washington DC, where John sat in on the trial several days last week. Does this politically-motivated arson fire presage a return to the bad old days of the Weather Underground of the late 1960s?Thematic exit music this week is "Burning Up My Time" by Pigeons Playing Ping Pong.

This special ad-free edition, posted a day ahead of the usual schedule because of the urgency of events at the southern border, finds the 3WHH hosts engaging in their own civil war over the question of whether states have any remedy when the federal government abdicates is responsibility to protect the border. Steve and Lucretia were in rare accord—well maybe not quite complete accord*—against John's positivist position of federal supremacy uber alles.Our normally genteel whisky-sipping salon became more of a bourbon-swilling barroom brawl, and indeed we were tempted to call this episode "Showdown at the Positive Law Corral." Steve thinks the crisis over Texas's assertion of its right to defend the border, and the demand of the Biden Administration that Texas back down by tomorrow, represents the kind of "right of revolution" moment contemplated in the Declaration of Independence, especially since the governors of 25 other states have signaled their agreement with Texas.But the rare concord between Steve and Lucretia breaks down when the subject turns to the Haley-Trump cage match in New Hampshire primary. (*To paraphrase an old Bill Buckley line, if you think it is hard to argue with Lucretia, just try agreeing with her. It's nearly impossible.)

This week's episode covers more ground more quickly than a Josh Allen or Patrick Mahomes passing attack. Which the Philadephia Eagles won't get to experience because they flopped in the first round of the playoffs last weekend, falsifying one of John Yoo's predictions for 2024 that the Eagles would make the Super Bowl. We're hoping his brief to the Supreme Court in the case of Trump's place on the Colorado ballot is more on the mark. We mostly skip over the fine points of John's brief and take in a wider look at the entire pool of briefs filed in this case, wondering, for example, why the world needs an Amicus brief from the Ryan Binkley for President campaign. This prompts us into wider still observations about other current issues involving the administrative state, which somehow managed to bring up the Statute usually banned from mention on this podcast, John Locke, and the weaknesses of modern property rights theory.Which ultimately brings us to the question heldover from the last two weeks: Nikki Haley and the Civil War. It is now apparent that Haley's momentum in the nomination contest halted abruptly with her flub of the Civil War question, and alas some of our friends are still not getting the question right, such as our good friend Dan Oliver. We go over the matter from Square One, and try—not for the first time—to school John on the issue of prudence. Oh, and we also make our prediction for the New Hampshire and South Carolina primaries coming up.