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This week's special episode comes from Tuscany, where the Three Whisky Happy Hour gang put aside their whisky glasses and took up tasting chinati at Castello de Cacchiano between academic conferences in Milan and Florence. So for this week only, we become the Three Chianti Happy hour, though we had many more than three! We had to record this episode in two installments, as breakfast interrupted our first segment, and then returning only after a long day in the countryside sampling yet more chianti.
We aren't taking our mind of what is going on back in the states with the Trump transition, however, and begin with an extended discussion of the proposal to use the recess appointments clause of the Constitution so that Trump can get around Senate opposition or delay for his senior cabinet level appointments. Then we briefly dig a grave for the International Criminal Court following its outrageous arrest warrent for Israeli Prime Minister Netanyahu.
And finaly we have a discussion and aide memoire of sorts from our extended panel discussion Friday with Adrian Vermeule about his controversial book Common Good Constitutionalism. (You can find Steve's review of the matter over on the Political Questions Substack.)
John Yoo
'Lucretia'
Steve Hayward
Discussion (6)
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So Lucretia's counter argument to justify Matt Gaetz's failed nomination to head the Department of Justice is, wait for it, Merrick Garland.
Since Garland has been such a disaster, why not Gaetz?
Well, Garland was considered a liberal moderate before he actually became Attorney General. It was because of that, most didn't think he would become another Eric Holder.
Garland's actions as Attorney General has surprised many of his former colleagues that served with him when he was a career Justice Department civil servent.
She would have had a stronger argument if she had used Eric Holder as an example, instead.
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I'm a big fan of the advise and consent role of the U.S. Senate, though I'd feel better about it if it were more streamlined.
And yes it has gotten more partisan. I'm usually an advocate of more partisanship, but when it comes to cabinet appointments, the president should mostly have his way. Matt Gaetz, by the way, should not have been confirmed, if it had come to that. He's had no experience in bureaucratic infighting, and the civil servents at DOJ would have handed him his hat.
There's a big difference between Trump's and Gaetz's irascible personalities. Trump knows how to make friends, professionally, and Gaetz does not. To bend a bureacracy to your will, you need allies within it. Gaetz would not have been able to do that.
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Every so often someone comes along with a book containing a bad thesis, poorly supported. But it's different and goes against conventional thinking, so it becomes all the rage. Such is the case with Vermeule. Lucretia was right and he is wrong.
As for the recess appointments (recess always makes me think of first grade, appropriate in this context), the Republicans need to remember that the Dems will win again someday. The Dems, so eager to do away with the filibuster just three weeks ago, now want to keep it.
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If John is ever subject to Senate confirmation he, himself, will be shocked to find out how many women and/or children he abused decades ago.
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The broadcast from a real place last week and this week was very (very) fun. The normal studio sterile environment is professional. However, I really liked listening to the background noises, the voices coming in from one side and the other (I've been listening on headphones). It makes you all seem a lot more human. The outside noises can be distracting but it is a refreshing change from the standard sterility of studios.
Subject-wise this week was a bit of a "meh" for my tastebuds. The theories discussed were a bit too erudite for a regular joe like me. The beginning of the show had me doing big belly laughs. Yes, you all deserved to be treated like royalty and it probably is your true station in life. It was nice to hear it and for me to dream about.
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