Craps

Professors Richard Epstein and John Yoo are back from Memorial Day and the holiday’s been good to them: John’s got dispatches from Hawaii (tune in for the spam coverage) and Epstein’s got big news on the Roman law front.

Then they turn to the burning issues: pardons for Dinesh D’Souza, Martha Stewart, and Rod Blagojevich? Did the FBI overreach by putting an informant in the Trump campaign? Is the deep state real (and is Chester Arthur to blame)? What are the consequences of the Supreme Court allowing states to legalize sports betting (and is there a libertarian case against gambling)? Is the NFL’s new national anthem policy illegal (a topic we introduced mainly to allow the professors to dunk on Vox). And finally, what considerations should guide Justice Kennedy’s decision on whether to retire? We can think of at least two qualified replacements.

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There are 3 comments.

  1. Taras Coolidge

     People who have never listened to this podcast probably think it’s sober and stodgy. Nothing of the kind! 

    P.S.: It is said that the fondness of Hawaiians for Spam is explained by its resemblance in flavor to long pig. 

    • #1
    • June 1, 2018, at 4:55 PM PST
    • 1 like
  2. MACHO GRANDE' (aka - Chri… Coolidge

    I’d like to ignore the Constitutional right to foist obscure Broadway musical outros on a hapless audience, and insist on a ban on obscure Broadway musical outros.

    One thing about the deep, dark state, and what amounts to political collusion – even if there’s only bits and pieces of evidence, the Strzok texts/emails, etc, given Lois Lerner and the IRS actions a few years ago, if you consider from the outsider’s point of view that those are only the things we know about, I think it’s safe to assume there’s more.

    If a prosecutor was chasing down a crime syndicate, and had indications of additional crimes occurring, and had some evidence of that happening, he or she would follow those leads to prosecute the additional crimes – right? There’s no way to do that with such a broad pool of potential investigation, and you wouldn’t do that, but anyone who makes the claim that it’s just a few bad actors, here and there, is being ridiculous.

     

    • #2
    • June 3, 2018, at 6:34 AM PST
    • 1 like
  3. Taras Coolidge

    Chris Campion (View Comment):

    I’d like to ignore the Constitutional right to foist obscure Broadway musical outros on a hapless audience, and insist on a ban on obscure Broadway musical outros.

    One thing about the deep, dark state, and what amounts to political collusion – even if there’s only bits and pieces of evidence, the Strzok texts/emails, etc, given Lois Lerner and the IRS actions a few years ago, if you consider from the outsider’s point of view that those are only the things we know about, I think it’s safe to assume there’s more.

    If a prosecutor was chasing down a crime syndicate, and had indications of additional crimes occurring, and had some evidence of that happening, he or she would follow those leads to prosecute the additional crimes – right? There’s no way to do that with such a broad pool of potential investigation, and you wouldn’t do that, but anyone who makes the claim that it’s just a few bad actors, here and there, is being ridiculous.

     

     The “deep state“ is less like a crime syndicate and more like a crime wave.

    I would guess there are thousands of individuals and hundreds of small groups in the Federal bureaucracy, operating without knowledge of each other, and doing what they can to frustrate Trump’s goals. 

     It’s much like the way liberal media bias works. Trying to explain away the reality of the phenomenon, defenders of the liberal media immediately employ a straw man argument; i.e., that liberal media bias must require a vast conspiracy.

    Like the liberal media, the deep state merely needs a lot of people who think along similar lines.

    • #3
    • June 3, 2018, at 9:53 AM PST
    • 1 like