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All these false stories. | ||
I mean, this kid comes from a family with family members of multiple races. | ||
They did a deep dive on all of his social media. | ||
I mean, they did a colonoscopic kind of review of his social media, and they found no connections to any form of racism of any kind, no connections to militia of any kind, no connections to anybody like that of any kind, no statements like that at any time. | ||
All they had was that he had once gone to a Trump rally. | ||
That was their sole basis. | ||
Oh, he went to a Trump rally. | ||
Well, there you go. | ||
Exactly. | ||
And he's a gun supporter. | ||
And he's a police military supporter. | ||
And that was it. | ||
But all they just did, most of the media ran with these false allegations, these stream of false. | ||
To this day, they continue to tell false stories. | ||
The prosecutors continue to lie about them, using court proceedings to get away with the lie. | ||
The kid's the most innocent defendant I've ever represented, ever been involved with. | ||
But the case goes far past him. | ||
If he gets convicted, self-defense is dead in America. | ||
I'm Dave Rubin and joining me today is a trial lawyer and an all-star political gambler, | ||
also a primo promoter of Locals.com, Robert Barnes. | ||
Welcome back to The Rubin Report. | ||
Glad to be here. | ||
I am glad to have you, man. | ||
I didn't realize until literally two minutes ago that we have not spoken in a one-on-one forum for over two years. | ||
Is the world getting better or worse in those two years? | ||
Well, you know, back then I was taking a lot of controversial cases. | ||
So it was, you know, we were talking about Alex Jones, the Covington kids, Wesley Snipes, Ralph Nader, Girls Gone Wild, all the rest of it. | ||
So I decided to take less controversial cases. | ||
So I took Donald Trump during the elections, Amy Cooper in New York, Kyle Rittenhouse, self-defense. | ||
But yeah, the world just keeps getting crazier, particularly from a legal, political perspective. | ||
Yeah, so what put you on the map, is it fair to say that what originally sort of put you on the map in a bigger sense was the bet on Trump? | ||
Is that really the thing that kind of got you out there as more of a public lawyer? | ||
Yeah. | ||
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Yeah. | |
I mean, basically, I'd always been done a lot of tax work, but for a lot of reasons that didn't need that to be high profile and had done a lot of civil rights work, but had not made myself a public figure. | ||
But people had followed the Trump bet because it was a big bet. | ||
And the rest became a public figure. | ||
And during the Trump time period, it became more important to be a public figure defending certain issues in the court of public opinion. | ||
Yeah, and now you're an all-star YouTuber who hangs out like this all day, like, world, world, come at me. | ||
So I want to get into some of those cases that you've covered, obviously, but let's start with Trump's current lawsuit, because just in the last, you know, 10 days or so, he has announced that he's basically going after big tech in a class action lawsuit, and not just big tech, but actually some of the heads So, can you give people the 101, the sort of must-have info on what the lawsuit actually is, and then we'll talk about the chances of it succeeding. | ||
Sure. | ||
So basically, Trump has brought a claim saying that all the big tech giants conspired with various government actors to kick him off of and exclude him from all of their platforms. | ||
And he is saying that they did so as state actors and thus are subject to First Amendment limitations. | ||
So that's the core of his claim against Google, against Facebook and against Twitter, as well as Dorsey, Zuckerberg and the Google CEO individually. | ||
So the key there seems to be some kind of collusion with the government. | ||
He's not arguing just that Twitter, Facebook, and Instagram all sat down and maybe did something, but somehow there was a connection to the government. | ||
Do you have any idea if there's evidence of that or what he could actually prove that would show it? | ||
I think they made an amended complaint, make better allegations factually, but there is inferential evidence that Fauci, Pelosi and Harris had specifically requested each of those platforms to remove Trump from those platforms. | ||
Some of that's based on some of their public statements. | ||
Some of that's based on some of the emails that came out from the FOIA request with Fauci and Zuckerberg. | ||
There's much more collusion. | ||
Some of that is indirectly referenced by Robert Kennedy's suit against Facebook pending in California about the same set of allegations. | ||
So I think if they make better allegations, they may be able to get to the discovery stage and find out just how much these big tech giants were operating at the direct request of government actors. | ||
Right, so before we get to Discovery, which obviously is the interesting part of this, why is he doing it as a class action and not just him going after them for how he was, you know, in his eyes, you know, basically wronged? | ||
I think his purpose in this, his heart is in the right place. | ||
I think some of the lawyers involved might not have the technical skill to translate that well, because there could have been a class action alleging that big tech is really part of the public digital square, and the public square has just moved from the physical world to the digital world, and from the geographic world to the online world, and he would have had, I think, a strong claim on that, at least to challenge existing law and to extend it. | ||
They didn't really do that, so this particular class action Isn't the strongest because what he's alleging really is that he was targeted because he was President Trump and he's trying to bring all these other people in that have been targeted for political reasons, but they're not President Trump. | ||
So from a pure legal perspective, technically, it's not the best claim. | ||
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Right. | |
So can you explain like kind of just how the process works? | ||
So he now brings this class action and how does it get to the judge? | ||
And like, is it one judge that will decide if this thing can go to trial? | ||
Effectively, here's what's likely to happen. | ||
They'll likely try to move to transfer it from the Southern District of Florida where he filed it to the Northern District of California on grounds that it's a term of service dispute. | ||
At least Twitter, probably Facebook and YouTube will try that as well. | ||
Meaning you get it to Cali because that's where they're based? | ||
Exactly. | ||
And they have some contractual language that can, depending on the nature of the claim, require that. | ||
So they're going to want a different district court judge assigned and a different court of appeals. | ||
They'll want the Ninth Circuit, not the Eleventh Circuit. | ||
They'll also want anti-slap law to apply, which doesn't apply in Florida, but it would apply in California, because that would make Trump responsible for the other side's legal feeds if he loses. | ||
So that will be his first big battle. | ||
The second battle will be a motion to dismiss before it ever gets to class certification stage. | ||
If he wins at that level, then he gets discovery. | ||
And then after that, a single judge usually decides whether or not there's class certification. | ||
So he's got several procedural hurdles to get through first. | ||
Right, so who decides that part? | ||
Because it seems to me that this thing, even if Trump doesn't win, if it at least gets to discovery, we're going to find out something. | ||
You know, if Twitter and Facebook and YouTube have to open up the books and really show, oh, members of Congress or the Senate or the administration were actually DMing people about, you know, coordinating some of this stuff or whatever else it's showing related to manipulating algorithms or shadow banning or anything else. | ||
It's like, that's the win, even if it's not a legal win. | ||
So how do we at least get there? | ||
Basically, he needs to enhance the complaint. | ||
So I think he should add some lawyers to the team like Alan Dershowitz, like Harmeet Dhillon. | ||
Harmeet Dhillon is a very good state action Twitter claim currently pending. | ||
So add some lawyers who are familiar with this space and change his complaint. | ||
His complaint as it currently exists won't get him passed a motion to dismiss. | ||
But if they add to it, I think he has good grounds to allege that these individual actors were acting at the direct request of Vice President Kamala Harris and of Speaker of the House Nancy Pelosi and maybe of Anthony Fauci in other contexts. | ||
And then I think he can get to Discovery. | ||
And you're absolutely right. | ||
There's going to be a lot of revelatory Discovery if he can get to that stage. | ||
So I hope he improves the case so that he can get to that stage. | ||
I sense you think maybe he doesn't have the best legal representatives around him right now, the way you're describing it. | ||
No, it's one of these groups that's a DC-based group, that their roots are in sort of big oil corporate lobbying. | ||
So if you wanted a regulatory issue on energy, they're fantastic. | ||
First Amendment constitutional issue on big tech, that's not their area of focal point. | ||
So I think these lawyers are lawyers that are unfamiliar with this space and it showed up in the suit. | ||
And right now, those of us that are familiar in this space that want this lawsuit to move forward are very concerned that, as alleged, this lawsuit is DOA. | ||
So he can improve it, though. | ||
He's got plenty of time to amend it. | ||
But with Trump, sometimes his personnel picks are little hit or miss. | ||
Right. | ||
Did you think about picking up the phone and saying, hey, guys, I know a little something about this. | ||
We have some connections here. | ||
Actually, a bunch of us did. | ||
And it's just Trump is Trump. | ||
So, you know, he makes his decisions at different times. | ||
Like, you know, the I've been telling him ever since actually November that he should be on Locals. | ||
I mean, if you want to compete with all the big tech people, what better way to monetize Trump's brand? | ||
Well, I mean, there's so many different ways you could do this. | ||
but he has a lot of other people whispering in his ear. | ||
And I think some of the people that are whispering in his ear don't really want him to succeed in his suit. | ||
So I think that, and it was a problem throughout his four years, that there was some, you know | ||
an angel on one side, on one shoulder, a devil on the other. | ||
And he doesn't always get the best advice but people are telling him that now. | ||
So I hope he takes corrective action before the case can get dismissed. | ||
For the record, I know you're not the only person in somewhat of the inner circle | ||
that has mentioned Locals to him. | ||
And the truth is, although it would cause us some headaches, obviously, and some, you know, there would be some legal issues and technical stuff and all of that, he of course is welcome on there. | ||
And I honestly think the guy could make probably 250 million a month on the idea that 50 million people would give him probably five bucks to be part of that community. | ||
It's like, it's bananas, but he's doing his thing. | ||
It's the best way to take out big tech. | ||
The best way to really take out big tech is to replace big tech. | ||
And I think his heart is absolutely in the right place in bringing this suit. | ||
Credit to him for doing so. | ||
It doesn't translate as well legally, but it's another place where he could mount a better challenge if he's also supporting independent tech platforms that are the real threat to big tech long-term. | ||
I know we've discussed this a little bit, but I'm curious in the last two years if you've shifted at all. | ||
Where are you on in terms of regulation or breaking them up or nothing or something that I'm not mentioning? | ||
Interesting enough, Senator Rubio has put, it was a bill I proposed to Senator Hawley three years ago, Rubio has now put forward, which makes it simple. | ||
If big tech wants Section 230 immunity, if you're a monopoly, if you have more than 80% market share in your space, Then you have to honor First Amendment limitations, like Locals does voluntarily. | ||
If you honor First Amendment limitations, then you get Section 230 immunity. | ||
But if you don't honor First Amendment limitations, and you decide to censor for political purposes, then you don't get Section 230 immunity. | ||
That, to me, that carrot-and-stick approach gets around the government regulation problem and gets around them getting to do whatever they want problem. | ||
It says, we'll give you the carrot of special immunity, but it comes with a stick that you have to honor the First Amendment once you acquire certain economic influence within the marketplace. | ||
Are you worried, though, if they got rid of those protections, the 230 protections, that in essence they would have to basically have a team of lawyers that would be watching what everyone says all day long, knowing that at any given moment, you know, someone puts child pornography on there or some other, you know, a terrorist threat or something, that, bam, they could just be sued into oblivion and gone that day? | ||
Yeah, that's why I'm not in favor of just scratching Section 230. | ||
And I'm not in favor of the government regulating. | ||
I get why people like the idea of public utilities, etc., but look at any history of the government regulating anything and see whether that turns out net positive. | ||
So that's why my view is stay within the private marketplace incentives. | ||
But just change the incentives to say we're going to give you a special benefit nobody else gets, total immunity from suit for anything said on your platform, but you just have to honor the First Amendment and how you regulate that platform once you have more than 80% market share in your area of the public square. | ||
Do you think it's possible that at this point we're like, the ship has just sailed on all of this, that big tech is now so big, so ubiquitous, our government is so dysfunctional, it's controlled by an awful lot of people that guys like you and I don't like, that the idea that they could actually do anything, not only make the decision, but then carry the decision through, is just like, it's just bananas at this point. | ||
I think they still have the capacity for it because they show it. | ||
The quickness with which they got rid of Trump was a reminder that they can invent AI that's First Amendment-oriented AI to regulate their own platforms. | ||
So they have the capacity. | ||
And that's what's also great about Locals, the reason why I promote it, is Locals shows you can have a platform that is First Amendment-compliant that is technologically capable of delivering on that First Amendment-compliant tech platform. | ||
And so if they have problems with it, they can look to locals as the example and just borrow that and implement it. | ||
So they clearly have the capacity to do it. | ||
I gotta get you on payroll, man. | ||
But, you know, the truth is that the way we've dealt with it so far, I mean, first off, because you have a paywall, as you know, just a couple bucks. | ||
It's as little as $2. | ||
That cleans up 99.9% of everything, so we have no problem with bots and trolls and truly hateful people. | ||
It just doesn't exist. | ||
But as I always say to people, it's like, man, if you're gonna come on and do something illegal, you got a much bigger problem than me or locals. | ||
There's laws that exist, so you're going to have the government coming after you. | ||
You're not going to worry about what Dave Rubin's going to do. | ||
Precisely. | ||
And that's it. | ||
What it shows is the capacity. | ||
Local shows all the ability of what would a First Amendment-supporting tech platform look like, without the stalking, without the harassment, without the obscenity, without unnecessary trolling. | ||
You can have both, the best of both worlds. | ||
And Local proves it. | ||
And that's where I think we can use locals as an example, not only as an exit ramp from big tech monopoly, but also as a legal example to say, this is what big tech should have to emulate if they want to continue to get special immunity under the law. | ||
I heard Alan Dershowitz talking about this case, and he did say some of the things that you just said there that maybe it isn't quite as tight as written as it should be. | ||
But he said that this might be the most important First Amendment case in modern times. | ||
Do you agree with that? | ||
Oh, I agree entirely. | ||
That's why he, I, and others want to see the suit be brought in the best, most effective way. | ||
Add claims for unjust enrichment, because all these companies got rich off of Trump. | ||
Then after they got rich off of Trump, decided they could politically censor him. | ||
Add claims for consumer fraud, because all of them lied to people. | ||
Jack Dorsey famously, I'm going to be the free speech wing of the free speech party. | ||
I just want Jack Dorsey to have to keep his promises. | ||
And so that's where, and the reason why I think Dershowitz is out there is he's trying to get, with Trump, you have to talk to him through the TV cameras. | ||
God bless him. | ||
He'll listen to you on the phone, but he listens better when it's through the TV camera. | ||
So if Dershowitz is giving great advice, it's absolutely one of the most essential, critical cases for the future of the country. | ||
Because either we're going to have free speech or we're not. | ||
And if private companies own the public square and it keeps going the way it's going, free speech will be dead in America. | ||
So basically you're saying dealing with Trump as a client is completely the reverse of how you would do it normally where you want those off the record conversations. | ||
Trump, you gotta go on YouTube or on TV to tell him what you're thinking. | ||
Precisely. | ||
That's the best way he listens. | ||
He's a unique mindset. | ||
Yeah. | ||
So what else sort of legally, we'll get into some of the cultural stuff in a moment, but what else kind of legally is on your docket right now that you're putting your energy into? | ||
So a combination of efforts. | ||
So one is in terms of the entire election context from representing the president during the campaign and right after the campaign. | ||
There's a lot of those issues that need to be reinforced. | ||
A lot of states are passing good laws, helping states pass those laws, following up on the audits that are taking place. | ||
Because if we don't have confidence in our election integrity, the entire democracy crumbles overnight. | ||
Yeah, just real quick on that. | ||
So obviously, even talking about this, I could be blown off YouTube in just a second, but fortunately I am on local, so it's all right. | ||
So what happened to all of those lawsuits? | ||
Because there seemed to be hope. | ||
There were people that I trusted, that I feel like are sound legal minds, that felt there was some movement there. | ||
And then everything just sort of crumbled at once. | ||
So what actually happened? | ||
I and a group of lawyers were that close to getting to run all the lawsuits. | ||
And our focus was that the lawsuits were going to be based on the election not being run in a constitutionally conforming manner. | ||
That there were votes counted that were not either by someone who was not constitutionally qualified to vote because of age or some other issue or because they didn't live at the location, etc. | ||
Or because the ballot was cast in a manner that wasn't a constitutionally qualified manner. | ||
It wasn't the signature match check didn't conform on an absentee ballot, as an example. | ||
And the ballots were not counted and canvassed in a constitutionally qualified manner that conforms to international election standards and the United States Election Commission standards. | ||
We had established all of these claims. | ||
We were building these suits in all of these states. | ||
It was the ultimate Georgia recount case that the president filed. | ||
But the what happened is that got hijacked midway through by people who got distracted by some shiny objects and people who like Lin Wood, Sidney Powell, God bless him, Rudy Giuliani. | ||
They had no election law background. | ||
And but they felt confident that their sources were giving him accurate information. | ||
We were telling him, no, it's not accurate information. | ||
It's a red herring that's going to basically tar and feather the legitimate claims. | ||
And that's what happened, unfortunately. | ||
And the president, he knew Giuliani way back. | ||
So he's like, hey, this is the guy who bust up the mob. | ||
I'll just go with that guy. | ||
And some of us were telling him that's not Rudy's thing anymore. | ||
Exactly. | ||
He hasn't been in court since 1992. | ||
Uh, and unfortunately that's what happened. | ||
And so like, uh, there's hearings going on about sanctions issues, et cetera. | ||
They got distracted by the shiny object. | ||
I always say every great crime needs a great Patsy and they fell for the great Patsy rather than looking, but that didn't mean there was no crime. | ||
There were a lot of constitutional issues with the election that unfortunately the Supreme Court ultimately didn't take up. | ||
I think in part because these other claims were so outlandish that it made a lot of judges say, I don't want to get anywhere near this. | ||
So in essence, if Sidney Powell or Linwood or some of those guys had not been sort of running around with the more outlandish stuff like, you know, Dominion voting machines related to Venezuela, and it's a plan that's been going on for, if they had not run with that, you think that there was enough stuff to at least get cases that would have been heard instead of just, they threw everything out, basically. | ||
Exactly. | ||
I mean, we were that close to getting the Georgia Secretary of State to voluntarily give us a whole bunch of stuff. | ||
And the moment Lin Wood did his press conference, where he said a lot of crazy stuff, and then Sidney followed up with her stuff, he was like, oh, I'm not getting anywhere near this. | ||
That somehow the whole court system and the legal class and even a bunch of congressmen We're like, OK, you're asking me to associate with allegations of the ghost of Chavez in China and Iran and their secret servers in Germany. | ||
And I kept telling everybody on that side of the aisle is like, even if you believe that, no one else is going to believe that. | ||
So let's focus on our good claims, not get to the wild claims. | ||
But the wild claim sucked up all the energy in the room and killed it. | ||
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Right. | |
And the thing that was so crazy about it was not just all of the claims and everything else. | ||
But then for those of us that try to analyze this stuff, honestly, I kept saying all along, I said, look, Exactly. | ||
if Sidney Powell, who has a pretty good track record, if she's just self-immolating right now, | ||
if she's just making crazy stuff up and gonna pour gasoline on herself and burn up, | ||
well, then at the end, we'll know that. | ||
And in a weird way, I suppose that that is what happened. | ||
So here we are. | ||
Exactly, but in the process, people overlooked the fact that there were a bunch of | ||
people who voted who don't appear to have been qualified to vote. | ||
And what I mean by constitutionally qualified is that the Constitution gives to the state legislatures exclusive control over the entire voting process for the presidency. | ||
And the state legislature said these people couldn't vote, and yet a lot of states allowed them to vote. | ||
They said they couldn't vote by this method. | ||
I'll give an example. | ||
Arizona, they just did a small signature match check, It came back that 30 times more signatures didn't match, according to the Democrats' own expert, than was the margin of victory in Arizona. | ||
If we had got signature match checks, when I talked to the president right out of the gate, I said, if they'll give you signature match checks, the election is on the up and up. | ||
If they won't, that means they're scared that there's problems. | ||
No state would allow a signature match check to occur. | ||
So what was their argument for not allowing it? | ||
Was it simply just like, we're the Democrats and we got what we wanted? | ||
Originally, they didn't have good arguments. | ||
And then their arguments became Sidney Powell's allegations. | ||
They're like, we're not going to dignify these crazy claims and so forth. | ||
So they use that as their best cover, their best fig leaf. | ||
Because I'll give an example. | ||
The Georgia Secretary of State promised back in 2018, when he digitized all the ballots with the contract with Dominion, he said, what's great about this is we'll now print ballots to the entire world. | ||
We can publish every ballot to the whole world and everybody can see how clean the election is. | ||
So one of the first things I asked him when I came down for the president was, let's go ahead and do that. | ||
He's like, I'll get back to that. | ||
He never got around to it. | ||
Which means there's something in those ballots that's unusual. | ||
There's something in those ballots that will lead people to say, hmm, why does it look that way? | ||
Why does it have this problem? | ||
And I can already tell you what some of them are. | ||
Some of them from the ballots we saw, there were people who were writing in names and signing in ways that were completely contradictory. | ||
So you could look at him and say, that's probably not the same person. | ||
And unfortunately, those really good claims got swamped out by the bad claims. | ||
So do you think that the states like Arizona, that's doing some audit stuff now, and Georgia now is trying to pass some laws that everyone, of course, is saying are racist and everything else. | ||
Are any of these laws to tighten up the roles, show IDs, basic things that are being called tools of white supremacy, you think this stuff can work? | ||
Oh, absolutely. | ||
We've identified a wide range of weaknesses in the system that were exploited in 2020 that are now getting corrected in most states in the country. | ||
Not all states. | ||
California is going more crazy. | ||
But every place else, for the most part, is actually tightening down the laws, especially in these key swing states. | ||
Wisconsin acknowledged that they're not going to allow the same thing to happen again. | ||
Michigan is saying they're not going to allow the same thing. | ||
Georgia, Arizona, Pennsylvania is about to do an audit. | ||
And I am for all audits. | ||
That's why I tell my friends on the left, we should always have audits so everybody has confidence in the election outcome. | ||
This isn't about right or left. | ||
This is about having confidence that the election was done on the up and up. | ||
And what better way to do so than a transparent audit? | ||
What I told people throughout was when the state kept saying, don't worry, everything's fine, that's like asking Bernie Madoff, have you taken a look at your books? | ||
And Bernie came back and said, yeah, my books are still good. | ||
That's not the way we do it. | ||
We give an audit and that's the way we should do it. | ||
You mean you don't let the guy audit himself? | ||
That's not how it works? | ||
Precisely. | ||
You don't let the people accused of doing something wrong be the ones to tell you, no, don't worry, everything's cool. | ||
So how is this, what we're talking about right now, sort of directly related to the Trump lawsuit? | ||
Because obviously, as you know, there's a slight chance that YouTube won't let us post this that you're saying right now, right? | ||
Like, we know that that is a possibility. | ||
That could be directly related to Trump's lawsuit, right? | ||
Absolutely, and what a bunch of us are telling Trump's team to add to the lawsuit is to add two components on the election aspect. | ||
One is add all the Hunter Biden stuff, all the suppression of Hunter Biden. | ||
That was big tech censorship at the request of a political party and arguably state actors. | ||
I think they'll fight. | ||
Right, that one seems like the more obvious one that clearly they couldn't have just decided, everyone at once, no, you can't talk about the laptop and we're not gonna let the New York Post print journalism. | ||
Arguably the biggest cover up of a presidential election political scandal in American history. | ||
And so I would have included that. | ||
I would have included it as a lot of this were really illicit in-kind campaign contributions. | ||
Then you tie in the election aspect because a lot of these election rule changes were being funded by Mark Zuckerberg. | ||
He was privately financing various clerks, election clerks, to change the rules throughout the country. | ||
So why not add that to the lawsuit? | ||
Because then you have a robust lawsuit that gets to all of these scandals, that entitles you to a wider range of discovery, gives you a better argument to get past motions to dismiss, and I think the president would be legally entitled to bring all of them. | ||
So is he, he's personally suing these guys too? | ||
Like he's personally suing Zuckerberg? | ||
How does that even become part of this? | ||
What could have been the suit right now, the way it's drafted, it's highly likely that those claims will be dismissed. | ||
I think what Trump was thinking about where they could amend the complaint to properly allege it is that the way he saw this is this didn't go from state actor direct to big tech and then to Zuckerberg. | ||
It went from state actor to Zuckerberg to Facebook. | ||
So he's not suing Zuckerberg. | ||
If he does it right, he's not suing Zuckerberg because of what Facebook did, for which Zuckerberg could not be individually sued under the corporate veil, but he's suing him because Zuckerberg was using his power over Facebook at the request of the state to control the public dialogue and manipulate the outcomes of the election. | ||
Is part of the problem here that we know that people can lie to Congress and nothing happens? | ||
You know, the famous James Clapper scratching the top of his head, you know, we do not wittingly spy on the American people, flat out lie, and now he's a CNN contributor or Jack Dorsey at Twitter. | ||
You know, basically telling Ted Cruz we don't shadow ban. | ||
And it's like, you obviously do, but of course I know with a word like shadow ban, it doesn't have like a technical definition, so he can probably wiggle out of it that way. | ||
But the point is that you can lie to Congress now, and it just doesn't matter. | ||
Yeah, unless you're Roger Stone. | ||
Unless you're the wrong political party. | ||
Then maybe the law will matter suddenly, but absolutely. | ||
The bifurcated, two-tiered system of justice that the Department of Justice has accelerated in the Trump era is one of the greatest risks and threats to justice and its integrity and the perception of its integrity amongst the broader public. | ||
All right, so election, Trump, okay. | ||
Maybe my YouTube channel's here, maybe not. | ||
Either way, I'll be just fine, thanks to locals. | ||
What else is on your mind right now on the legal front? | ||
Well, I think the biggest issue, the biggest case that I have coming up is gonna be the Kyle Rittenhouse case, because this is the right of self-defense, which to me, the Second Amendment is not so much about guns, it's about the right of self-defense. | ||
The most effective means of self-defense is to have access to the method of self-defense, being a gun ownership. | ||
But what the Second Amendment's really about is your right to defend yourself against either the state or other citizens in order to secure your property and your liberty. | ||
And there's probably no more pure act of self-defense than what Kyle Rittenhouse did. | ||
And the fact they're trying to put him in prison for life is one of the greatest risks and threats to self-defense in American legal history. | ||
And that trial's coming up this November. | ||
And it was being cheered on by the mainstream media as if he was a white supremacist, of course. | ||
There's no evidence that he's a white supremacist. | ||
But could you just back up? | ||
And I showed the video on the show, but for people that don't really remember the case, this was in Kenosha. | ||
Can you just explain to people what happened and actually what he's charged with? | ||
Sure. | ||
So Kyle Rittenhouse is a son of a working class nurse, a single mom. | ||
To give you an idea of who he is, he went back and forth when he was young to wanting to do some sort of military or police work or be a nurse. | ||
He's a guy who sees himself as a protector, as someone who rushes into a traumatic situation and tries to heal the situation. | ||
So that's who he is by personality, that's who he is by biography. | ||
And that's by the way what he said in videos that day, right before, that that's why he was there. | ||
He was not there to hunt anyone down or shoot anybody. | ||
He was there to help. | ||
Meaning if people were being assaulted, yeah. | ||
Completely. | ||
And while people saw the gun that he had for self-defense and for the defense of property and others, what he also had on him was a bunch of nursing equipment and nursing materials to help people. | ||
So what happened in Kenosha was after there was sort of a misrepresentation and what happened in the Blake case, where they thought the police officer did something different than what was actually the case, as it ultimately turned out. | ||
So it was one of those sort of fake BLM narratives that all of a sudden they started having riots. | ||
They started burning down the city. | ||
Kenosha is a working class town on the border of Illinois and was in between Milwaukee and Illinois. | ||
They were burning down businesses. | ||
And what a lot of people don't know is most businesses don't have arson insurance, or particularly riot insurance. | ||
Riot's often an exception under their insurance policies. | ||
So these are businesses that were small businesses that were wiped out forever. | ||
No means of recompense. | ||
And this was happening day after day, night after night. | ||
The governor was letting, the Democratic governor was letting it happen, frankly, not calling in the National Guard. | ||
So a bunch of local people in the community went out that night and said, let's protect people. | ||
And what Kyle did was, let's protect people and I'm going to be able to try to help people who get hurt. | ||
And so he goes out there, and that night, the first person that, he gets different attacks on him, and then finally he gets this one guy who chases him down, throwing things at him. | ||
People are firing guns behind him. | ||
There's video of all of this, by the way. | ||
All of it, exactly. | ||
He grabs the gun, tries to pull the gun away from him. | ||
He ends up getting shot. | ||
By the way, this guy was suicidal. | ||
He had been previously convicted of a bunch of horrendous crimes. | ||
He had tried to kill himself repeatedly. | ||
He'd just been let out of a mental institution. | ||
So that was the mindset of this individual who attacked him and he put things into motion. | ||
I think if that guy had got that gun that night, there'd be a lot of other people dead because he's got a mass shooter kind of psychology. | ||
So Kyle probably saved a lot of other people's lives that night just by defending himself in that situation. | ||
Then Kyle's trying to run away, trying to run towards police. | ||
When he gets chased by more people, he gets thrown to the ground. | ||
People attack him with a skateboard. | ||
Another person comes at him with a gun. | ||
One person he shoots that dies. | ||
One person he shoots gets harmed. | ||
But in both cases, they're grabbing his gun, trying to pull it away from him. | ||
While one person is trying to shoot him, another person is trying to hit him. | ||
So after that happens, he's still in shock. | ||
He runs towards the police, gives himself up. | ||
They tell him to go home. | ||
And then he gets charged with multiple counts of intentional homicide and attempted intentional homicide, where they're trying to put him in prison for life, even though everybody, including the New York Times, who broke down the video, said this is one of the cleanest, clearest cases of self-defense they've ever seen. | ||
I actually missed that from the New York Times, because most of the media that I saw was just, this kid's a white supremacist. | ||
I mean, that's what it was. | ||
He was a white supremacist, in essence, hunting down black people, even though it's all on video. | ||
All these false stories. | ||
I mean, this kid comes from a family with family members of multiple races. | ||
They did a deep dive on all of his social media. | ||
I mean, they did a colonoscopic kind of review of his social media, and they found no connections to any form of racism of any kind, no connections to militia of any kind, no connections to anybody like that of any kind, no statements like that at any time. | ||
All they had was that he had once gone to a Trump rally. | ||
That was their sole basis. | ||
Oh, he went to a Trump rally. | ||
Well, there you go. | ||
Exactly. | ||
And he's a gun supporter. | ||
And he's a police military supporter. | ||
And that was it. | ||
But all they just did, most of the media ran with these false allegations, these stream of false. | ||
To this day, they continue to tell false stories. | ||
The prosecutors continue to lie about them using court proceedings to get away with the lie. | ||
The kid's the most innocent defendant I've ever represented, ever been involved with. | ||
But the case goes far past him. | ||
If he gets convicted, self-defense is dead in America. | ||
So how worried are you in general that the reality and the evidence of cases like this actually don't matter anymore? | ||
And what really matters is public opinion or pressure put on by the mayor. | ||
Or we saw, you know, that the city of Minneapolis paid out, I think it was $26 million, if I'm not mistaken, to George Floyd's family before the verdict of the trial. | ||
That really, like, the theater has far more to do with what happens than the reality of the case. | ||
What I've been taught, what I teach a lot of young lawyers, is the court of public opinion often matters a lot more than the court of law. | ||
That you can lose a case in the court of public opinion before you can ever win it in the court of law. | ||
And that was what's critical in Kyle's case. | ||
It was critical to get all these false, there's a reason why prosecutors keep lying about him in court over and over again. | ||
It's because they know that those lies will be repeated by the media, which will get back to the jury pool and the judges and the politicians, which will all have some role in how Kyle's case is done. | ||
That's what you have to defend. | ||
The U.S. | ||
Supreme Court said 40 years ago, a competent lawyer must defend his client in the court of public opinion to actually be an effective representative of his client. | ||
That's where the court of public opinion is critical and that's where a lot of people who think they may be powerless don't underestimate their own power. | ||
Their participation in the court of public opinion ultimately shapes the outcome of these cases. | ||
When you talk to some of the prosecutors like off the record if you're having a whiskey with one of these guys after I mean do they realize how evil what they're doing is or they just believe it's just it's just part of the process? | ||
For some of them, they actually believe in it. | ||
They're politically ambitious, politically aspirational. | ||
They're people who will just do anything. | ||
They believe the ends justify the means. | ||
It's the whole sort of new left. | ||
The new left is not like your old classical liberal who believed in the process for its own sake. | ||
This new left believes the process is ridiculous. | ||
The process is solely there to achieve a certain objective. | ||
And that's why they have no, like, hypocrisy means nothing to them. | ||
Unlike Dante's, you know, bottom level of hell, they would, you know, in their level of hell, hypocrisy takes you to heaven. | ||
So it's a whole different mindset. | ||
And a lot of them actually celebrate their misconduct, celebrate their malfeasance. | ||
The Rittenhouse prosecutor is one of the most unethical prosecutors I've ever witnessed. | ||
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Hmm. | |
You know, you mentioned related to defunding the police and how in Kenosha, that just, that we've seen this in so many of these cities, that they're just, the law enforcement is not doing what it's supposed to do. | ||
As you know, I'm still here in crazy LA. | ||
We've got a DA, this guy, George Gascon, Bernie backed, D.A., middle-aged white guy who got rid of our first female black D.A. | ||
Not that I care about that, but I thought, you know, the identity politics people do. | ||
In any event, he is doing exactly what he did in San Francisco before, which is exactly what Chessa Bodine is doing in San Francisco now, where they are just choosing not to prosecute certain crimes. | ||
Now, I'm not a legal expert, but this is, at this point, this is seeming criminal to me. | ||
Like, when they swear themselves, or when they get sworn in, it's to defend the laws. | ||
And they're just picking which laws they're not defending. | ||
Do they need to be sued? | ||
I mean, there's recalls in place, but is this not just like the most obvious dereliction of duty? | ||
I think there should be more legal remedies. | ||
Our current courts make it almost impossible to ever sue prosecutors, but it's like the Texas sheriff suing Biden over refusal to enforce immigration laws. | ||
The same thing, because what they're really doing is they're weaponizing a criminal class. | ||
It's kind of like early 1920s Russia, that the immediate, the initial stage of the Soviet revolution, they often weaponized the criminal class to side with them in the ongoing civil war that took place post 1917. | ||
That's what they're kind of doing here. | ||
It's kind of what they did with the Black Panthers in the late 60s, early 70s. | ||
People don't know how much they were embedded with drug dealers and criminal operations. | ||
The thought process was this could be our own political street army, allowing them to sort of extend their political power. | ||
Like Escape from L.A. | ||
might soon be a documentary rather than just a film. | ||
It's the name of my documentary. | ||
It deservedly so. | ||
I mean, because this is insane, what's taking place. | ||
I mean, when you, when people can't even go to a grope, why would you even buy anything anymore under a thousand bucks? | ||
You're walking in, you see somebody walk in, steal a bunch of stuff and walk right out. | ||
This is just insanity. | ||
This, but what does it promote? | ||
It promotes disrespect for the law. | ||
What that produces is 1970s level crime problems. | ||
And now politically, that almost always leads to a backlash. | ||
But in the interim, a lot of working class people are the primary people to suffer. | ||
It's not the West Side Beverly Hills crowd that's going to suffer. | ||
It's the South Central and East LA folks who are going to suffer. | ||
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Right. | |
So to be clear, right now in New York City, because of their ridiculous DA, you are allowed to jump the turnstile. | ||
So if you are paying to get on the subway, you're basically a sucker. | ||
Worth saying, hey, why are you paying? | ||
Just get on your good high tops and jump that thing. | ||
And then here in LA or San Francisco, you are now allowed to trespass. | ||
I think it's $800 that you're allowed to steal from a store. | ||
So I always tell people you can get a PlayStation 5 with four games. | ||
You can't get five games. | ||
Then you're over the threshold. | ||
Then you could be in trouble. | ||
But it's like you're encouraging people to break the law, basically. | ||
And I would have more respect for them if they said, we'll prosecute anybody who steals less than 2,000, but let anybody off who probably steals more than 10,000. | ||
Because then they would be down on Rodeo Drive. | ||
But instead, they're basically asking, like, I have a client that's a Mexican-American shop owner. | ||
that owns little grocery stores throughout East L.A. | ||
They're the number ones who are people victimized by this. | ||
This doesn't help working class people. | ||
This hurts working class honest people and rewards the criminal class for the benefit of a political class. | ||
And that's why it's very dangerous. | ||
But it's politics is not even what they pretend it to be. | ||
So what about when we see Democrats, I mean I think Kamala Harris actually as a candidate, it was before the election had taken place, she was actually helping fund some of these Antifa people get out of jail in Minneapolis and some other places. | ||
They are breaking the laws, but for some reason Antifa's still on Twitter and everywhere else. | ||
You know, Trump's gone, but they're everywhere. | ||
And that we actually have politicians that are raising money to help criminals that burn down stores and, you know, attack cars on the street to get out of jail. | ||
Yeah, it's extraordinary. | ||
The last time we had anything like this was late 1960s, when you had people in bed with the Black Panthers, in bed with actually, you know, Weather Underground, in bed with a wide range of, you know, there was like a different revolutionary name every other week. | ||
People forget the Crips, you know, actually like the Committee for Revolution or whatever. | ||
I mean, it was smart. | ||
You know, your local gang and you're like, oh, we just rebrand. | ||
We've rebranded as political. | ||
And now we can steal stuff and kill people and everything's OK. | ||
It's kosher. | ||
But that's the same, we brought back that mindset. | ||
It was a disaster last time. | ||
I don't know why anybody believes it's gonna be anything other than a disaster this time. | ||
What kind of backlash do you think we're gonna see on this stuff? | ||
Well, if the 1970s are any preview, you're going to see Dirty Harry style backlash. | ||
You're going to see, I mean, like J.D. | ||
Vance's grandmother, her hero was Dirty Harry because of growing up in that political era. | ||
That's why she had that 44 next to her, even when she couldn't physically lift it, you know, later on in life. | ||
So I think that's the kind of mindset you're going to see. | ||
You're going to see more and more people. | ||
And I hope they don't go too far. | ||
I hope people were met. | ||
You know, civil rights are important. | ||
Those are sometimes violated by police actors. | ||
And sometimes in the 70s people were so mad at the lawlessness that they greenlit some abusive behaviors. | ||
I think we need to find the right balance in countering what's taking place by the left currently. | ||
Do you think it's possible that the cities just aren't gonna work anymore? | ||
Like New York City for example, where I lived for most of my adult life, 20 years, I loved Loved, loved, loved New York City. | ||
If you can make it there, you can make it anywhere. | ||
Until these last couple of years, I would say that everyone in America should live there for a little while just to get a taste of that thing. | ||
But the idea of being there now, where at any given moment, they can attack you on the street if you're sitting at a restaurant, or they can break into the store, or hop the subway thing, or the litany of other things going on, that maybe city life in a political environment like this just doesn't work. | ||
Well, just look at my client, Amy Cooper, because the background you're describing is the context they failed to include in the media coverage. | ||
She's out to help her dog run, and they shut down the dog runs in the name of COVID somehow. | ||
So the only place she could help get her dog run to even get outside during this lockdown era last summer was in the park. | ||
And so she's by herself early in the morning in the park, and then suddenly somebody jumps her, says that they got some, you know, little treats for her dog, which would scare anybody, particularly a young single woman in a city, particularly in the environment of what was happening in New York at the time where crime was skyrocketing and everything else. | ||
And she reacts by just wanting to call police. | ||
And then she's blamed. | ||
She's demonized. | ||
She loses her job. | ||
She has to leave the country. | ||
She's blacklisted from employment. | ||
And originally, she was criminally prosecuted until I got the prosecutor to dismiss all charges. | ||
That's reality of life in New York City. | ||
What went from being a dream went for someone like her, a quiet kid on the spectrum, to being an utter nightmare. | ||
Right, so that case, which we also covered that one. | ||
I mean, there's video, basically, where she's telling the guy to get away from her. | ||
But of course, the media framed it, surprise, surprise, as if she's a white supremacist and this nice black man just approached her to play with the dog and everything else. | ||
Now, obviously, some of that stuff will work out. | ||
But when someone like her gets fired from their job from something like that, what is the legal recourse that they have? | ||
Because it had nothing to do with anything she did, obviously, at the office. | ||
And completely demonized. | ||
I mean, like, this was someone who was one of the most successful in her business, sort of a math nerd, kind of a quiet kid from Canada. | ||
All of a sudden, not only was she fired summarily without any benefits and without any severance, lost all the benefits that she'd been accruing, she couldn't get a job anywhere else in the industry. | ||
Because her name is now radioactive because of these media lies that have been told about her. | ||
I mean, I think it was CBS even ran with a story saying she had been convicted at one point. | ||
It was like, I mean, the case ended up being, she was not only was it all dismissed, it was dismissed with prejudice, with no deal, no diversion, no nothing. | ||
This was an acknowledgement by the city of New York. | ||
That it was a complete mistake what the allegations were against her because the truth came out. | ||
She had talked to the cops at the scene. | ||
She had clarified everything without any question or controversy. | ||
What they didn't know is that first time when she's on the phone, they couldn't hear her. | ||
The phone is breaking up, which if you understand that, that's why she's panicking. | ||
She's like, there's nobody coming to rescue me. | ||
Uh, and as to your point as to that guy, well, week before when he did the same thing to an African American man, that man almost beat him up. | ||
I mean, cause I mean, that was, that was, but, but you know, the, but it gives you a sense when you live in that kind of environment where overnight you can feel like you're in Kafka's, the trial, then the, the, in the world in ripped by crime and lockdowns. | ||
You know, New York City looks like Escape from New York, John Carpenter, instead of New York of dreams, you know, New York, the big apple, New York, you know, sleepless in Seattle kind of New York. | ||
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Right. | |
Well, that's also the thing. | ||
It's like people were so hyper racialized right now to think about race all the time, to realize that everyone's got a camera, to think that someone's coming to get you because, you know, crime is jumping, that everyone is a little bit jumpy. | ||
But for the average person that sees that, I think what they think is, Oh, I'm never going to speak up about anything because I don't want to lose my job. | ||
What advice would you give to people relative to keeping their jobs but still being able to speak up? | ||
Because that's probably like the number one question I get at this point. | ||
I don't want to lose my job. | ||
Yeah, you know, it's interesting is, you know, Michael Malice has a version of curse them with your yesers, like figure out whatever their conspiracy theories are about you and play into them. | ||
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Right. | |
And then they'll be even more terrified and whatnot. | ||
So there's a lot in that, you know, Ralph Ellison phrase, curse them with your yesers from Invisible Man. | ||
So I think for each person, I don't impose on anybody an obligation to be a hero. | ||
You don't have to go out and make a noble stand. | ||
If you feel like you're in a position where you can, then I encourage people to do so. | ||
And lawyers like me will help bring suits for them. | ||
We're challenging mask mandates. | ||
We're challenging vaccine mandates. | ||
We're challenging these unconstitutional firings, brought defamation claims from everybody from the Covington kids to anybody that's been politically targeted for the wrong purposes. | ||
Currently suing Don Lemon over some of his behavior. | ||
So not afraid. | ||
There's lawyers out there that will be willing to represent you and justify your cause. | ||
But that doesn't mean you have to be a hero. | ||
Do what makes the most sense for you and figure out the best way you can both assert your independence, care about what you care about, and still protect what matters most to you. | ||
And sometimes that means protect your job. | ||
Are you worried that we're going to become just like a society that everything ends up in the courts, basically, that, you know, one side will, you know, the New York Times will call me a white supremacist every other week and that, you know, I'm sort of over it at this point. | ||
And I, you know, and I, if anything, I use it as fuel to keep attacking. | ||
But, you know, the average person that's just sick of this, that we're going to start suing over words, and, you know, libel and slander laws are very, very specific, but that we'll just end up in this place where it'll be less and less people will say what they think, more and more lawsuits will be there, and the spirit of the First Amendment will just sort of crumble even if it's not legally demolished. | ||
Well, that's where I think that the court of public opinion is critical and how people support independent technology platforms, support independent content creators, share those messages where and when they feel comfortable. | ||
You know, look at the resistance mechanisms that people have employed through every civil rights movement in history. | ||
And there have been successful ways to push back. | ||
whether it's civil rights for African Americans, or any other cause, that the civil right you'll find they often | ||
use like people behind the Iron Curtain. | ||
Found ways to communicate in secret, found ways to get out key messages, found ways to resist in ways little and small | ||
and big. | ||
And sooner or later, what people should remember is the system needs the whole four pillars of power sit on the | ||
fifth pillar of power, which is the perception of the moral legitimacy of the | ||
other four. | ||
Take out that fifth pillar of power and the whole system crumbles. | ||
And people should remember their own. | ||
Nobody can close. | ||
Big tech cannot shut down the archives of nature and the rights of man. | ||
And if we listen to our conscience, we can take action and that can still change the world, as it always has. | ||
Barnes, that should have been your closing statement, but I'm going for one more here. | ||
You're definitely a lawyer. | ||
That was a primo closing statement. | ||
I got one for you that, you know, I listen to you and Viva all the time and you guys are awesome, but I don't know that I've heard you talk about this specifically. | ||
At what point, well, it's a two-parter. | ||
At what point do you think that the lefty Democrats voted in, I'm not talking about the DAs, I'm talking about AOC and Ilhan Omar and Rashida Tlaib and that whole crew, that are clearly undermining the values of America At what point do you think they're in dereliction of their oath of office, which is to defend the Constitution of the United States? | ||
Because it seems to me that they're treading as close as possible. | ||
I get that it would be almost impossible to prove, but do you think there is some sort of tipping point with that? | ||
If every message that you send out is anti-American, if you can't send out a pro-Cuba demonstrator tweet, I mean, none of them have because they're kind of into communism. | ||
Like, at what point do you think there is an actual dereliction of what they've sworn to protect? | ||
I see it as a twofold thing. | ||
Whether or not there's been a dereliction of their duty, and then who has remedy for that dereliction of duty. | ||
When it comes to remedy, I always favor elections wherever possible. | ||
Having the people having control. | ||
So in terms of remedy for their dereliction of duty, that's what I believe the remedy is. | ||
But I believe without question they've shown dereliction of duty. | ||
It's a version of confession through projection. | ||
Take a lot of AOCs and other people's statements about January 6th. | ||
And then change it from her saying Ted Cruz did this or that person did this to her admitting she did it related to all the things that happened all summer. | ||
And then she's actually just confessing that, you know, really, this is a violation of oath. | ||
This is a violation of the Constitution. | ||
This has put people in danger. | ||
I really shouldn't be a congressman. | ||
They should lock me up. | ||
All the things she's saying about other people are really confessions of what she's done. | ||
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Right. | |
So, of course, we'd rather this go to the ballot box. | ||
But at some point, I do sort of feel like they're going to do something that will push it to the other side. | ||
But my other question related to this is, It seems to me, you know, I know I'm a crazy right-wing conspiracy theorist, but it seems to me that something's not quite right with Joe Biden. | ||
And it seems to me that pretty much everyone knows it. | ||
And Joe Biden often slips up and says, oh, I'm going to get in trouble for saying this. | ||
And the question, of course, is, well, who is he going to get in trouble with? | ||
At what point is that a legal issue? | ||
That it seems that everyone around Joe Biden knows something's not right with him. | ||
And what I keep saying is at some point it's going to break. | ||
Something's going to happen. | ||
One of those moments that he freezes into the camera is going to go on for 20 seconds longer than the 20 seconds it goes on now or some other something. | ||
And suddenly when the dam breaks, the rats are going to have to get off that ship so fast and they're all going to turn on each other. | ||
Everyone's going to be like, no, no, I was the one, right? | ||
I was the one that wanted to wave and tell everybody and tell the media and all that stuff. | ||
And they will turn on each other. | ||
Like, could there end up being like a real legal case related to all of that? | ||
Well, there is. | ||
It's another case of confession through projection. | ||
Because you think about all the allegations against Trump, that there's family members involved in corruption overseas, that it involved foreign illicit interference in the election, and that the president is someone who's mentally ill and should be removed for 25th Amendment purposes. | ||
They basically were describing Joe Biden. | ||
And there's no question, that is what the 25th Amendment is there for. | ||
I think the problem the political democratic establishment has, I think they even thought about using it at some point. | ||
The problem is Kamala Harris is so hated throughout the country, they don't have a popular replacement. | ||
Uh, so I think that there's no question. | ||
I mean, we have a live dementia candidate that people like Putin get to make fun of on a regular basis. | ||
I mean, the North Koreans are making fun of us, the North Koreans. | ||
This is not good. | ||
So this is the sign of where we're at. | ||
It's a sign of a declining empire. | ||
Michael Malice calls it a white pill because he's like, just look at it. | ||
Joe Biden is the head of the empire. | ||
How can you not feel optimistic for the end of the empire? | ||
So there's some truth to that. | ||
But yeah, the 25th Amendment is there for people like Joe Biden, who are clearly constitutionally, cognitively incapable of exercising the duties of their office. | ||
Barnes, I look forward to continuing this adventure with you. | ||
We got a lot of work to do, right? | ||
I always end my show these days by saying, you know, we got work to do and I got nothing better to do than save the world. | ||
Exactly. | ||
The way I see it is I tell people it's like Paul Revere. | ||
We're in his little silversmith shop back in the 1760s. | ||
And the world might look like doom and gloom, but within a generation, we had the greatest revolution the world had ever seen. | ||
Robert Barnes, I thank you, my friend. | ||
Let it be here. | ||
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