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Sep 16, 2023 • 1h 11min

The Three Whisky Happy Hour: Cognitive Infrastructure Crisis

Lucretia hosts this week, as the fearsome threesome give a brief summary of a recent law school seminar on natural law and the Constitution we presented last week at Berkeley Law before a group of somewhat skeptical students, and then moving on to assaying the Biden impeachment inquiry and Hunter Biden's smoking gun charge, asking why all the White House spokespeople seem to have come from Nerd Central (we mean you, Ian Sams!), and explaining the fundamental asymmetry of the Administrative State in Democratic and Republican presidencies.And isn't it nice that Virginia Democrats have offered us a whole new definition of a "working family"? Who knew that Only Fans might become a new source for campaign contributions. Also: once again the question—are Biden and Harris both on the Democrats' chopping block for next year?Get this: the latest rationale for federal government censorship of the internet is protecting "cognitive infrastructure," which sounds beyond the perverse imagination even of Orwell. And you know how well things go when the government gets interested in infrastructure! But I now have an excuse for the next time I forget something: "My memory hit a pothole in my cognitive infrastructure!"Finally, we close out with some actual news, namely, John Yoo sharing some perspective on his expert witness testimony in the ongoing disbarment proceeding against John Eastman this week.
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Sep 10, 2023 • 47min

The Three Whisky Happy Hour: Return of the Branch Covidians

We're a day late and a person short this week, as we're missing John Yoo because of schedule conflicts. Over morning coffee instead of evening single malt, this shortened, ad-free epiode finds Lucretia and Steve wondering if the Branch Covidians can really be getting ready to impose a mask mandate on all of us again, and pondering whether the COVID case of the multiply-boosted DOKTOR Jill Biden should make us wonder whether anyone knows anything anymore.Could this all be a sign of the deepening panic among Democrats over the latest polls showing Donald Trump stronger than ever, and ever increasing doubts about Joe Biden? And speaking of Democrats, who knew that Democrats have become Carl Schmitt fans, as is seemingly the case with New Mexico Governor Grisham declaring that an "emergency" gives her the power to suspend the 2nd Amendment. This comes on the heels of the latest 5th Circuit Court ruling that the Biden Administration trampled the 1st Amendment with its Covid censorship regime.
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Sep 2, 2023 • 1h 11min

The Three Whisky Happy Hour: Saving Our Gerontocracy

Never mind saving “our democracy"—who's going to save our gerontocracy! With Mitch McConnell and Joe Biden in a contest for Greatest Brain Freeze Moment, while Dianne Feinstein and John Fetterman look on with envy, we are starting to long for the good old days of the youthful vigor of the Soviet Politburo. Is it time for age limits for high federal office (though Sen. Chuck Grassley, still firing on all cylinders two weeks before his 90th birthday, might want a word with us), or do we just need cognitive tests for office?Equally alarming is how the Baude-Paulsen argument for disqualiftying Trump for the presidency under the 14th Amendment is gaining traction. Could a county registrar of voters in some deep blue percinct throw the 2024 election into complete chaos? John has a good article on this scene suggesting the answer is a hard No, which we review. Meanwhile, the whole Georgia case gets curiouser and curiouser, as you'd expect in our current Alice in Wonderland world of "verdict first, trial later" phase of Trump-specific law enforcement. But also some good news: the forces of decency are fighting back against the left's demagogic attack on Clarence Thomas.
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Aug 29, 2023 • 33min

My Address to Incoming Grad Students

This classic format episode of the Power Line podcast features Steve Hayward all by himself, and breaks some news: Steve is returning to Pepperdine University this academic year as the Edward Gaylord Visiting Professor at the School of Public Policy. Steve will be filling the large shoes of the late Ted McAllister, who passed away earlier this year, leaving a big hole in the SPP program. Pepperdine's SPP Dean Pete Peterson asked Steve to offer the faculty address to this year's incoming class of graduate students during orientation last week, and he spoke on the relevant contemporary lessons from Max Weber's famous lecture "Politics as a Vocation," which intersects perfectly with Karl Rove's Wall Street Journal essay over the weekend on how America has sometimes been in much worse shape than today. True, but not exhaustive, and supposing natural cycles of history will take us out of our current funk is likely a mistake, akin to fiddling while Rome burns.In one sentence, Steve's message to incoming students is that they'll need to step up their game even more than they might have thought. That's what Weber told students in 1919, and his lesson didn't fully take.
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Aug 26, 2023 • 1h 20min

The Three Whisky Happy Hour: Mugged by Reality

Discussion on reactions to political events and debate performance, the failure of Republicans to argue on substance, controversial mugshots and upcoming trials, Kamala Harris as a vice president candidate, Ukraine developments and speculations, favorite novels and book recommendations.
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Aug 19, 2023 • 1h 4min

The Three Whisky Happy Hour: Ricochet Overtime Edition

As loyal listeners know, yesterday Steve, John, and Lucretia took over the flagship Ricochet podcast in the absence of both Peter Robinson (still somewhere in the Witness Protection Program) and Rob Long (out walking a Hollywood picket line somewhere), and we made James Lileks' life completely miserable.We decided that a couple of issues we brought up deserved some extended discussion in this bonus episode, starting with the "trust" question: why do Americans now hold nearly all major institutions, both public and private, in such low regard? We run through a number of factors, from ideology, competence, and corruption, but also wonder about whether our ruling elites today don't have the same kind of noblesse oblige that characterized the elites of the 1950s (the Dulles brothers get a special shout-out).Next, we return to the question of "human rights" versus the natural rights of the American Founding, and the mischief that the rise of "human rights" has entailed in modern times. Steve had intended to nitpick John's understanding of Thomas Hobbes, but the Learned Lucretia shows up in force, with marvelous renditions of Locke and Hobbes, casting doubt on Steve's proposition that maybe there exists a "Hobbistotle" to go with Tom West's "Lockistotle." It's not as wonky and esoteric as it sounds! Well actually maybe it is, but we think you'll still enjoy this Trump and Biden-free episode (and ad-free, too!)Our thanks, by the way, to the Ricochet team for the honor of occupying their show, and to James Lileks for his indulgence.But because Lucretia and John once again wrongly dismiss Steve's embrace of prog rock ("Rock and roll that went to college," as Jody Bottum calls it), the exit music for this episode is an excerpt from "The Chamber of 32 Doors," which is the Prog Rock version of "Rich Men North of Richmond" which we discuss briefly in this episode.I'd rather trust a countryman than a townmanYou can judge by his eyes, take a look if you canHe'll smile through his guard, survival trains hardI'd rather trust a man who works with his handsHe looks at you once, you know he understandsDon't need any shield, when you're out in the field. . .The priest and the magicianSingin' all the chants that they have ever heardAnd they're all calling out my nameEven academics, searching printed wordMaybe the academics will figure it out someday, but judging by the elite culture's reaction to "Rich Men North of Richmond," today is not that day.
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Aug 12, 2023 • 1h 12min

The Three Whisky Happy Hour: Screwball Edition

The late week news was so screwball that Steve surrendered to Screwball Peanut Butter Whiskey to cope while Lucretia the Lightweight settled for Irish coffee while John, out of place as usual, passed on a liquid lunch to have a real one. (By the way, the Screwball Peanut Butter Whiskey is not recommended.)And what a lot of screwball news, starting with the designation of a DoJ special counsel to deal with Hunter Biden's special needs, a trial date and mini-gag order for Trump, and the flurry over the proposal of two conservative law professors to ban Trump's eligility for the ballot under Section III of the 14th Amendment about "insurrection." (If you are a glutton for the punishment of a 126-page law review article, you can view the whole thing here.) There's just one problem with this scenario: Trump hasn't been charged with fomenting insurrection or rebellion. Maybe the special counsel is waiting for another bad news dump on Hunter?After some observations about the failed Ohio referendum this week we finallky getr down to some wider topics, including reflections on the astonishing interview last week with Obama biographer David Garrow in The Tablet, which presents about as unflattering a portrait of "the lightworker" as can be imagined. (If you haven't read the Garrow interview, do so at your earliest convenience.) And we also ponder the latest notable offerings on the state of the country from Victor Davis Hanson ("Who Will Say No to the Current Madness") and Jacob Howland ("America Is Now a Zombie State"). Steve, naturally, sees some signs of life while Lucretia, naturally, finds him to be too infernally optimistic.Finally, a few suggestions for great general reading about politics, with Steve recommending a title from Kenneth Minogue and John recommending two titles from Daniel Bell. Lucretia is sticking with Calvin and Hobbes—the comic strip, not the 16th and 17th century authors!
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Aug 6, 2023 • 55min

The *Two* Whisky Happy Hour: The View from Europe, with Edoardo Raffiotta

This isn’t our normal 3WHH; John isn’t here, just Steve and Lucretia. So maybe a 2WHH. The occasion for today’s extra episode—since we moved up our usual weekly offering on account of the latest weekly Trump indictment, is to take note of two related items.First, did you know that Italy’s new and very popular prime minister Giorgia Meloni recently visited Washington and had a brief meeting with President Biden? I missed this too, as the meeting took place behind closed doors, probably to cover up the fact that Biden either fell asleep or sniffed PM Meloni’s blonde hair, and there was apparently no press availability or public photo op. Of course, Biden called Meloni a fascist when she was first elected, so I expect there was no enthusiasm for noting her visit.The second item is an article in National Review ("The Italian Option") recently on Meloni, where Dalibor Rohac argues that Meloni is a better model for nationalist conservatives than Hungary’s Viktor Orban, because Meloni’s positions on various matters are more congenial to Americans. Maybe so, though I note Rohac’s article neglects to mention that Meloni is fond of Orban, having met with him a number of times. And Rohac is a defender of the European Union, which makes us suspicious right there.Leaving aside the whole Hungary question for another day, this seems like an occasion to roll out at last a conversation Lucretia and Steve had recently with one of our favorite Italians thinkers—and part-time opera singer—Edoardo Raffiotta. Edoardo is professor of law at the University of Milan, where we first made his acquaintance last year at a conference. He specializes in European constitutional law, and especially the problems of emergency powers (hence is occasional interest in Carl Schmitt). He is also actively involved in legal issues pertaining to cyber-security and the fast-moving field of artificial intelligence, which of course are specialities of Lucretia. We wanted to hear first hand from Edoardo about Meloni and other topics—including opera. Stick around after we finish with Edoardo, because Lucretia and I will come back with a “postgame” show of sorts where we offer some additional reflections about the wider scene—and make a small news announcement.And we manage to sneak in a few bars of Edoardo's favoite Puccini opera, La Rondine, at the end.
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Aug 2, 2023 • 1h 9min

The Three Whisky Happy Hour: Special Mid-Week Episode on the Trump Indictment

Our normal weekend rendezvous at the whisky bar was convened early this week to get out our fresh reactions to the Trump indictment for his role in the events of January 6, and our general reaction after reading the filing is—is this all there is? Where is incitement? Where is conspiring with violent groups like the Proud Boys and Barbie and Ken? There is very little if any new evidence or facts in the filing, and there are some stunning assumptions of fact that will surely fall apart in the courtroom.More seriously, John Yoo rightly describes this filing as the most serious political-criminal trial since the trial of Aaron Burr way back in 1807—a trial that, keep in mind—acquitted Burr on the charge opf treason. And the timing, coming amidst a lot of new revelations of Biden corruption this week—seems suspicious.Where do we go from here? Should the GOP House move right away to an impeachment investigation of Biden, before the Justice Department names a special counsel that would ironically lock down a House investigation into an "ongoing investigation" by Justice?We do, finally, get back to our leisurely summer stroll through best books, this week laying out criteria for what makes a good biography, with each of us offering up some representative picks, such as Lord Charnwood's Lincoln, Jean Edward Smith on John Marshall, and Plutarch. You'll have to listen to see which of us recommended what book or author—you may be surprised!
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Jul 29, 2023 • 1h 12min

The Three Whisky Happy Hour: A PIG Goes to Market & The "L-Word"

After clearing the decks of the latest headlines from the week involving Biden trials and Trump tribulations, we get down to business discussing John's new book The Politically-Incorrect Guide to the Supreme Court (co-authored with Robert Delahunty). Naturally Steve and Lucretia have some issues to pick with John.Steve manages to annoy everyone by noting the Statute-That-Cannot-Be-Named-On-This-Podcast (rhymes with Lean Fair Fact) and connecting it to the "L-Word," meaning the Lochner case. You thought it meant something else? How old fashioned and quaint in this Age of Infinite Pronouns. And did Kamala Harris set a new low in hypocrisy and bad faith this week with her attack on Florida's African-American history standards? Let us count the ways. . .

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