« The Editors

Episode 214: Fixing Title IX

2020-05-07 | 🔗

Today on The Editors, Rich, Charlie, and Luke discuss Biden and Trump’s presidential chances and Betsy DeVos’s recent Title IX revisions.

Editors’ picks: • Rich: Today’s Morning Jolt. • Charlie: Kyle Smith’s piece on the Michelle Obama movie. • Luke: Dan McLaughlin on the 1619 Project.

Light items: • Rich: National Review’s huge year-to-year gain in readership. • Charlie: Reading over the Internet. • Luke: The Ken Burns documentary The War.

The Editors is hosted by Rich Lowry and produced by Sarah Schutte.

This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Where does Trump stand politically? Where does Biden stand political and Betsy Divorce rolled back? The above title nine overview twill discuss all this and more on this week's edition of the errors of joint is always early summer time by the right. Honourable Chauncey, W cook and cool hand Luke Thompson, BT and Jim Dirty WAR turned soon you listening to a national view. Podcast, you feel satisfied gas NASH, review dot com, including directly on the corner, why have you, but it would be easier for you and better for us if you made as part of your need the industry services out there for Spotify to Itunes like what you hear her. Please give us a glowing five star review
Itunes. If you dont like what you hear here, please forget, I said anything so live welcome back from you in a while. We have her for you during the entirety of the lock down. Hope you in yours do well and Is where you think Trump stand so far in this crisis and cheerful legal terms. He got a bump initially and his approval ratings II was above water and how people regarded his handling, the crisis of in week, says, sank back down to his typical range, maybe vending an appalling, lower end. That and what do you make of it?. Greetings from the hot zone on here a site builder Palacios, New York, it it is not its not quite as horrible as it seems from day to day.
Standpoint, but certainly numbers coming out of of all five browser are harrowing, so we shall very lucky to be healthy and We are more or less still sheltering place. The the pattern for the sake of having is around, but that's that's their problem, not mine in terms of where troops dance he he did get a temporary bump and pulling but he is he's pretty much given back whatever gains made this year. Trumps approval as president had a low point at them, end of twenty seventeen. Any sort have been steadily climbing through twenty eight ten and twenty nineteen. There have been a couple of small peaks and a few valleys, but on the whole it looks if you if you start zoom out like a linear growth, with a corresponding reduction in the overall gap, January. He was about six points. Underwater today is about six points. Underwater, obviously, giving back
were four months of approval growth is is pretty but, given that unemployment is speaking, I would say that his overall approval could be a lot worse. Really. What I think people are thinking about at the moment is whether or not there in some sort of opportunity cost. If he could have continued to build in a line fashion on, despite PETE sometime around the beginning of April April. One end of March here looking and control daily briefings were informative and helpful, and since then his essentially lost a point. I have two points in the aggregate calling and that is tat onto the the net he's gone from as I said about three points underwater April, one true that six points now, so Charlie just seemed so again ensure political terms, putting sided awful tragedy at all
country. Putting aside the substance of how, trade, has responded, deceived There is an option for tromp just You didn't answer, I have to do it at a daily briefing, but just as comparisons to be sober and factual. At a time of crisis, makes. Some very small internet of people think differently about him. I just wasn't capable of it. There Bergen can't type. I'm sorry, I'm you, my phone, I didn't realize the Alps the five year fast type like for most of us, that spurious typing, sorry about that up everything that but he truly wasn't wasn't capable counter rage. He can't how many times have we
All of us, I seem thought I have to talk to the president to explain to him that this is an but unity or that's an opportunity. This is inappropriate or that's inappropriate. He can't do it started. He won't. He can't do I find it. I find it absolutely I'm fine the mobile, but I became aware that this was true about Donald Trump years ago, So this is one reason why I set my hair and fine. I every time he says something ridiculous. There was a very brief window, and I thought he might change after the election in the election and the inauguration and then just after the integration that partnership, assailed, heat. Of course he should have Cooksey should have been sensible. Course he should have been focused because he should have been sober. Cosy should have behaved differently.
I don't think that it is pleasant thing, if these sorts of things ass a political opportunity, but it is a fact that they often our there is often a rally around the fag effect, and good luck It will do wonders for anyone who can deliver it. I think the case against Trump. Insofar as his actions are concerned, is overstated, and I think that is made clear by the similar stories we ve seen across the west, but he can't do that. He he's incapable of it. He can't stop tweeting stupid things, that's a fairly low bar I stop treating stupid things and I'm not the president. Please running for election, trying to run again twice and debate about that draw up. I stopped knowingly, because I don't want to. I was when I have continued to tweets, do
now I don't mean during the vote, we were used to look. We we had a little feature on the home page that were there the latest tweet by an our author would come up and at my wife, one eight hundred like eleven thirty on a Saturday night, the F words on your home page like what? What are you talking about it? It was a Charlie tweet, luck He would not be Donald Trump if he could change it. It's like why can't he be toller or Why can't he be an african American? He did this is this? Is this close to and immutable characteristic of Donald Trump, as any and is it really? The Van A very strong case against the man look, how do you and subsidies
and evaluate demonstrations response, and how do you think people are going they going forward by those? I think there's been a big divergence there you, I would say the administration has done a middling job, see job. Ah, you can sort break it into force stages. You had the column. Stage were situation in China was unclear. The Chinese would lie, debate shows accepting it and the administration imposed rapidly a Chinese in european set travel restrictions that widely condemned by the good in a great- and I thought that showed a proactive stance. I Forbes good, I thought effective, so I would give them. You know a minus four that then they spent about two to three weeks in February, resting on our laurels, thinking that that would be sufficient, which shows no one paid mission. What happened during the Obama administration, where
to bomb administration, also talks of proactive steps abroad and then promised that those be sufficient didn't do much at home at and even though the bullet not break out the United States. We did have a couple of cases get back to american shores and that caused widespread pannikin and they suffered political costs to give them a solid asked for face to face three, which was the initial fifteen days, slowed, spread, bend the curve, flattened curve, etc. And then this is the knock on thirty day period of time, in that forty five days span, which was typified by sit first. Eighty percent of his daily briefings doctors vow chamber to become a household names, lots of information, lots of communication with a clear purpose in mind. I think that they decree well there. I give him a b b plus, I think
one thing that they fail to do, and this is now coming home to roost. So to speak in this phase, for as we get ready to open the economy, back up was really explain to people what endemic, ah spread of the virus. The population means. Yet we were. We were bending the curve, not reducing the area. Under the current, they were saying, look pretty much, the same number of people are gonna get sick, whether we left the sting run rampant or whether we bending curve the reason we're bending the curve is to give us enough time to stagger the time at which those people get sick, so that our our hospitals and healthcare don't get overrun and we get unnecessary deaths because we simply cannot treat people. They communicated that debate DR at home, and now as they ve, got ready to open up and because the meaning of endemic spread hasn't been made clear, you see goalposts shift on the part primarily of the present political opponents.
Including democratic governors who auditioning for vice president or who might themselves want to run for president four years Joe Biden loses, or even if he wins, given his manifest infirmities, and so now we ve gone from you'd have slowed, spread protector, healthcare infrastructure treat people, make sure we don't get spikes too. If anyone wise dies than you're making sacrifices to more walk on behalf of the drought and it's it's ludicrous yet also ignores or knock on pernicious social effects that that this would have, but that the main issue there is that the admins Creation has taken its I of the ball of explaining exactly what the implications window spread are, and so I would say for face for work not as bad as face too, but but a pretty poor performance, and I give him maybe a dvd plus And how do you think that's gonna? Do you think that help must be receive it or how's it going. I mean, I think, how it plays a part of it is that people always have recently bias in politics.
So if the opening manages to go well, irrespective of federal policy for our policy, will be viewed in retrospect in much better terms and we're thing red state and blue state governors open. So it's not purely a question of the present political wise, taking one for the team are risking their own voters on his behalf right. If the economy is slow to recover, then I think that the iter higher exercise will be viewed as a rolling parade and carpet. Send it will be viewed dusty unfairly because they were mistakes have been made both by professional civil service and the political leadership at federal level. It has been, as I said, a mixed bag and it will not be seen as mixed bag. It will be either sick. A success or failure yes it surely, as we talked about earlier in the week, I become pessimistic about this situation, we bent the curve and we got reopen cuz, the the cause, but
still a lot of spread. The numbers still look really bad were clearly heading above a hundred thousand deaths and the That's just it is not conditions conducive to The re election of and incumbent president unless he can make a lot of directional change. You know you, even if, if the the country is closed, back to in a where it was the year? Elise, things will be better than an in trough, now hear it it's the most complicated stage, reading this morning that fourteen hundred but have died in Florida, and my midget instinct was stats. Not very many. Certainly far fewer than
so going to die, I thought at one point we might be headed for horror story is given the age of the population here, the number of people in nursing homes and so on. The hundred thousand number you pause. It is likely. But it masses were not because life is more valid, one place than another, but because this has thus far been dominated by a few areas. So what do you do. The do you wait for it to come back. Do you stay shut down until it has, to come back in that that that's what the governor New Jersey has been hinting hath a thick for the second wave before reopening. Do you tell people in. Southern states where it's not so bad- that day, country,
Evan. You mock them forever opening to criticise them if the number of cases goes up, even if it's the result of more testing to criticise if the number of deaths goes up, if you do what what's the alternative, I keep saying this, but this is a texture. Me difficult question to answer and it's gonna take off a lot of regional variation and ad hoc policy. A king and trial and error, and if you can open a restaurant at twenty five percent capacity that rule change any the direct, will either keep the restaurants, clothes or thou push up to fifty percent or whatever point restaurateurs can make a profit if the death spike. And far too far too were closed down a bit if they don't.
It will open up more than has been anticipated, but you can't do that in New York. Sorry, look! None of them and although the numbers happily are starting to decline in New York,. I do think this has been the biggest mistake, The president has made an. I think. Luke is exactly right about this and in fact, I could have been Not only public policy benefits to this approach, but also political benefits if Trump had articulated. Clearly they flattened the curve approach and then explained why what is happening now is different. Why we ve now the other side of that. Whatever we now face, then it would have been good for him and also about Service ass, it is, it seems, to be widely confused and I think confusing
so look we're talking about supplying the other day? So can you think of a common president who has gotten reelected in the midst of a crisis and or recession. It is really hard to think examples one. My colleagues offered Georgia, Bush in two thousand, for you know it is clear and I didn't have Wmds war. Wasn't it at the back all but wasn't going well and he key managed. It too went again but had how'd you think about that question. It's interesting question here. I I guess I reach back and I say problem after certainly could be said, to have won his second election in the midst of a rolling series of crises that, while still, I think, a lot of it, for them had landed on his predecessor. He wasn't, he was
and totally inoculated from it. What, Bush, probably another good example, but the others, the other come to mind, are or not congenial instances of course, bombs out though he manages to make the electrical made, what I did was the main five it until the end, and then things just broke. You could say: Grover Cleveland would be another example, but were were reaching back away there. Ah, so no it's difficult. The conventional wisdom says that of presidents are elected based on the economy, economic performance and and war performance and everything sort of details, if either of those factors, it is moving in one direction dramatically than that the President will probably Winton and other it's probably not in trumps case. You know he was
four months ago he was in great position to get reelected on both fronts and now, obviously those who have evaporate. I think what is important to note is that, while the economic performances has vibrated, it has not severely deleterious effect does pulling because most people. I think I understand that this is a more or less exactness shock of epic proportions and so in many ways we're to see in real time and opportunity to to assess just how vote. To respond to present presidential reaction. If Trop does a good job, in reopening the economy and we begin to see an aggressive trajectory of growth or you know, even if he doesn't badge Auburn, we see an aggressor trajectory of gross, I think
it stands to reason that she'll be well position to win reelection despite his high personal unfavourable on again at a month and a half ago, he was within three points of Joe Biden and I think that's roughly where he needs to be on election day, tat intend to try to it. It admitted they would be a close race, but but to win a race as he didn't. Sixteen had does not happen in his linear trajectory continued. I think you would have been well positioned to win, but nobody Liberty says they know how the electorate is going to respond to this the nation of exhaustion, a shock government imposed economic shut down and then reopening is simply speculating an unhappy speculate. But that's there there's not a good historical accede to this list. Try to get. Why matter a great deal who Joe Biden picks up his vice president. Joe Biden is probably less
Popular and he's talking when he is money, is not its less popular when he's out and about the when he's hiding he's more popular. As an idea than he is a reality and trumps only play is the economy. He can't sale like me, I'm a paragon of moral virtue. His slogan therefore, has to be something like make: Amerika great again again as summit suggested and that will be more effective if Joe Biden pick some one crazy? We ve Joe Biden Stacy Abrams seems unlikely at this point. If Dubai picks Elizabeth Warren. Maybe chump can drive a wedge between himself and by then and say. Look we just had this exalting shock. It wasn't my fault prior. To its arrival. The economy is doing.
Extremely while the lowest african american Unemployment, american history last spanish unemployment, those few Melhem Unemployment, etc, etc. You don't want to put the recovery in the hands of sky. You don't like when he speaks in public and his crazy. Be successor. If Biden pick someone moderate, Amy play which are, for example. I think that arguments much more difficult to make so like that look at it seems unlikely that bind would take someone crazy and Q impute that sort of significance to his? They pick. You know if every time we we talk that how the vice presidential pay he's gonna, be extremely important and every time I think it under whelms in the retrospective analysis that there are some exceptions. I think John Mccain hurt himself but taking sir pale and who is viewed is not ready for the job. After me,
grew given Mccain's age. That was nephew not that it would matter in the final vote I am given the collapse of the housing market, but certain ethnic, providing help himself there for trump picking. My tent was a powerful signal to even jungles actually really just social servants generally that while he may not have spoken in their language, natively to Corinthians being probably the most explicit example this. He was nonetheless aware of their significance to his prospects of success. In binds case, I would probably say it's me be it the same level as as Trump where she needs to signal Some part of the coalition that he will govern with him he's not. I would be shocked if he Pixel was but Warren she's old. She took sir I'm sorry
so she has some negative that come with her and she brings anybody into the tent or turns anybody out there that he wouldn't feel like he was gonna get anyway and she's. Also, not a team player, I mean not at all, I think more or less by MS can choose between two options, he said he's going to a woman so either going to pick a woman of color either hispanic were black. For the purposes of mobilizing marginal voters, who always turn out reliably or he's going You try to lock down the suburban electorate feeling like he has a close bond with voters of color and, in that case, had to get any closer stands out is the most likely most likely pick and so did he's pulling better against Tromp Ladys Paul's trumps stolen range of five six points nationally, but it is that in your
Is that just Trump losing altitude or is it by getting altitude us talking, too conservative operative the other day were saying what we say, things by looks better is really the last week saw of him the lastly major public, can he bade was a victory speech after an amazing super Tuesday sweep and he's been in his but ever since you know, I think, there's something to that. But it's important to note that It has really grown both Biden and Trump have shrunk. Go back to the end of last year, and Biden has is above fifty percent he's been above, fifty per cent pretty much the entire time in had had calling with trumps throughout twenty nineteen, since twenty nineteen ass. If twenty nineteen Biden has very rarely in above fifty percent in had had pulling with Trump and has
certainly seen. A linear decrease is overall position trump across that spirit of time had been seeing a sort of steady increase, he's given back pretty much that entire increase, and so, while in a wild bite me as back ahead of trumped compared to where he was a month ago? I compared to what it was at the beginning of the year It's actually it's it's tightened, so bite was up about ten at the beginning of the year. Nine to ten now is only about six, so it's gone. Ninety turned down. Three back up to six. Who knows that reject is going to continue to widen, because tromp is just frozen at forty two percent and can't get out of it. Ah, based on on his performance during crowbar crisis and buying more steadily rise, if they're going to continue in a parallel or, if binds over, all you know from angry onward downward, trajectory is gonna get So now I wouldn't say that fighting has shown much of anything
then just continuing to exist, and, frankly, I'm also not convinced that hiding out is these men is better or worse, for him viewed certainly means that he can't she can't do a whole lot, but he also care heard itself, and- and I think that you know he didn't get a lot of attention at the time, but that last rally he didn't Saint Louis and I think it was early March late February, where they try but the malady talk for seven and a half minutes had a few gaps in the night. They packed it back and they drove way had. Doesn't that stuff has an aggregate effect in it and it certainly would not be good, for it would not be good for Joe of the long term. So Charlie, you're you're. The school thought that it's good for by be the basement. They cause He is bizarre. When he speaks he's different, then Trump.
Trumps sort are consciously bizarre, whereas spiders, inadvertently bizarre, but how is bizarre and I think it neutralizes some of the argument against chump. It seems unable to speak without notes. He's is the wrong often outwards. His new fixation is on the word intercourse, which is a sum unfortunate. Given the current debate, roiling, about his accuser. He is not a scam debates anymore? If he ever was? He doesn't have a particularly strong argument other than I am not Donald Trump, which may well in the day, but it's not a straw Argument he's not beloved, I think that this is helping him. He, is also not being asked to take positions, and one of that
reasons that I have always thought talk of. Opera Winfrey running for president were silly is that she would go from being pillar Opera Winfrey African American Billy am instead Jason too many to woman with controversial opinion on abortion or what with controversial opinion on guns. In a matter of minutes and Abiden is not. Celebrity he's not new to politics. Has a long record one of the longest records has anyone alive, in fact, but While he's not talking, he can serve as a blank sheet of paper. He can play the not trump card. People can look at the problem. Back to the Joe Biden Presidency, think only of its centre.
Or feature which would be the lack of Donald Trump in the White House, changes when he speaks, and I think it inevitably changes. We get closer to the election. People remember that this, the divided country in that way, arguing not only about personalities bit about issues about judges about policies. I never get to come on to this in the next topic, so I went dwell on it, but Biden reminded us yesterday with his reaction to the title: nine changes that Betsy divorces pushing through that he has policies policies that would affect people and the more that he is asked to speak the more that he will be seen as a politicians, and also a politician, who has many of the same flaws, his father S, unpleasant trump, but many up the same flaws, as does the present. So yeah, I think at the moment it is helping him.
Stay inside and and there's a final reason for it, which is related to current of ours. It would. Hurting him if President chump had behaved in the way you suggested he should have at the outset rich or if he looked pray then, if he were sober, judicious, informative com. It would hurt Joe because they trumpets Alabama charge. You now want to hand over to this guy, but because Trump, Hasn't done that because you spinning erratic and confrontational and make a sicilian unpleasant by then by contrast, looks as if he said waiting for his time. We'll be assumed that he would do a better job because he has not to take any decisions. I think, by has gained from that and trumpet seated some of the advantage he had as president to by and by behaving in the way has
yeah usually and become a president and a crisis. You you have the event of the other guy seeming risky. Please never had this cut responsibility for he's he's charger. He doesn't have the the awesome settings behind them all the rest of it but it's like that. Dynamic is emphatically not korean play in this case looked out an exit question to you at the moment percentage eyes, TAT Joe Biden wins in November zero hundred. Boy this is really a shot. The dark, I think if the elections were held today, he would win given the November I'm coming to suspect who have a slow recovery that will start the early fall, and so I think I will give him say- is sixty percent chance of winning trick cook,
for. I am at the moment about sixty percent, quite they're out of fifty two, I think the last time we talked ass, this of fifty five now just conditions just look as though they are not going to be great for combat present at the very least that it's a strong headwind on Donald troops, chances obviously is looks absence several times its highly and unpredictable, but fear to guess. At the moment you make you abide the clear favorite solar, pause before I move on and let me plug, and our plus a digital subscription service at NASH, review, dot com regular reader then are you know we have a pay war? You know pay war has become increasingly intrusive and extensive. You might try to jump around the pay, was just being choosy about things you re or switching brows, here and there give it up folks.
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And invited to events to hang out with Our writers and after such a great deal all round it away to become a deeper part of the and are community and support are excellent and very important journalist So please, if you haven't already check it out, go on sign up costs too much and I guarantee you- you won't regret it so Charlie, Betsy device has taken what will likely be the most significant step in her tenure, and rolled back the two. Eleven guidance issued in a letter, from a mid level official and the Obama administration, that drastically change, how sexual harassment and assault allegations were handled on campuses, hilted them, absurdly away from the
accused and strip them of any basic protections were due process and divorce, restores assent fairness. And basic decency to these proceedings, what to make of it? What do I make a right? I am astonished that this has changed. I think it was a national disgrace that the new rules didn't obtain already. Those who are opposed to them in best case wrong, case. Evil includes Joe Biden. Head of the: U S: Commission, on civil rights, that This is almost it always felt like a joke this, but the head of the Un Commission on civil rights, Catherine Lamon, came out against these changes. Two days ago,
She said that Betsy Divorce- wasn't I quite taking us back to the bad old days pray that my birth, when it was permissible to rape and sexually harassed students with impunity and she to a piece in the Washington Post, peace, Washington Post described the changes, This under the new rules, college students accused of sexual assault and harassment must be given the right to a life herring and the ability to cross, examine their keys, is. Is there any less radical than that. His anything more american than that, anything more necessary than that more foundational than that is liberalism she said, That gives permission to rape with impunity. What I need to know this means that she, and-
Joe Biden and anyone else who is opposed to these changes is against the fifth. Amendment not because the for the moment necessarily applies in this case, but because, if elementary due process, means in practice permission to rate with impunity, then and any process in any criminal setting. Why? For sample does application of due process to murder suspects, not imply. The commission too mad with impunity. Why does the application of process to car jacking suspects. Not imply that permission to college ACT with impunity. What is it about? This particular cry and it is a crime, but of course only if it is true.
What is it about this crime that leads people down this road? Why is it that the south professor liberals in the United States. Have almost to a man. Rushed into this called the sack. Where is the ACL you wear that old wing to come out and say no, no! No! This is not how we treat individuals bets. Divorce is not doing anything? Radical not really changes. This is a restoration. It doesn't matter what policies are obliged to do. Matter to what, the constitution can or should be applied. This is a basic question of fairness,
of what is a good policy and what is a bad policy. That question was settled hundreds of years ago. In this case, I am astonished she has had to do it. I'm a stone that there has been any opposition, and I am deeply saddened that the democratic nominee for President Possum The next president of the United States is to undo. These changes, let's leave aside for a moment the rank hypocrisy almost unbelievable hypocrisy and Joe Biden spot that he is not willing to extend to college students who are much less powerful than he is the same. Options and principles. He now calls for having been accused. This is bad policy. This is a policy that everyone should,
This is not a conservative verses, a liberal thing, in fact, If you go back a few years, you may have those two ideology, on different sides of this? This isn't I'm entry american principle and We have had to. Impose it upon these colleges and with this level of push back, is unfathomable. Yeah. Look. You read through these changes and it is hard to imagine how Anyone would pose them its ends. The single two gator model that a lot of colleges had embraced were one person would thus, gay decide which evidence to include which did scarred and recommend the decision, which would often just be accepted, see at one person decide
so these new will say well, actually know you can have one person investigate and then one person adjudicate to Kate there. The hearings where both sides can present evidence both sides get advocates and council. Both sides get the right to cross examined the accused now has to know- and it's just astonishing- that this had to be a real role. Change has to know, What the accusation is and when the alleged legit incident happened, and who prove the accuser is, and the title nine staff it. School in the investigators and educators can't have a bias. One way, The other not answered Charles question at one point: what is unique about this offence that for one sided bait me
so you can't have any protection. What they say is that Europe, forcing the victim too we live a horrible than an and be read trumpet eyes. But if you can have any fairness and assert due process, that is just an unavoidable feature, of these sort of crimes. Unfortunately, and there been a lot of this commentary out there- that you know you can have rate this too can confront their victims, hearings, but actually there there is a separation between the accused, add the accused or knock it of cross examined Another directly they'd have their their council there. Gets doing it well, I I think we should not get too bogged down in the specific details of the systems that universities create, because the universities created these systems ad hoc, essentially out of fear,
They were going to be targets of us several investigations, settle, which helps sir. I was leaving graduate school when the first, title. My dear colleagues, letter came out of the Obama administration and sir. The Obama administration was extremely popular. I'm university campuses, including universities that were named in the first, your colleagues letter, but that letter landed like a bomb among universities traders, students etc, and by and large it was not seen conveniently part of the reason it arrived. The way it did was because it was not a regulation. I think, there's a sense it there's there's a missing part of this decision which is the Obama administration did not issue new regulation? Subject the administrative procedures at thirty nine, and combat periods inputs from affected entities, etc. Instead, they just promulgated, what's called a dear colleagues letter
series of University, say universities that happen to have highly motivated activist groups on campus that were working with partner of education. To get this letter issued and the letter said, we will interpret the law as follows: an and it was as a fact an edict coming out of nowhere with no input from the first is that carried with it at least to university that wish to be in compliance with federal law statement with the force of law, and so that the half ass in which the Obama administration did stout one argument, is that they did it because they were administratively competent. One argument is that they did it that way as their deeply cynical, and they wanted to have this kind of a Kangaroo court system created. I don't know the answer to that, but the effect that it had was that all of these universities, Shooting up procedures on the fly and they did a pretty bad job, but the urge to decide
of trying to make the federal government happy one thing that divorce could have done it Simply rescind the dear colleagues, let her out of the gate, I'm glad that that isn't what happened. Instead, they took some time date. They provided action. Concrete guidance to the universities and we'll see what comes of that? But precisely because this letter rolled out, landed like a bomb and became out of the earth from day one after it issuance something of great public interest and scrutiny. Of these local institutions and politicians just ran into the breach to defend it, because the actual, prudent think which would be to say we screwed up, should have been a letter, would prepare we're gonna, probably regulations, and then we can. We have noted your comment, will have a public discussion will deal with it. You'll get real regulations that are guidelines. That would have acknowledged that, though the White House, which had screwed up either because
Edmund bureaucratic entrepreneurs who had gone out on a lark and an essentially innovative. Because the White House it had stepped in it intentionally trying to score political points instead of just acknowledging a small error and fixing it through the normal process, everybody, and most especially to your bike, sets an utter. The ludicrous thinks the Charlie referenced on this issue just decided to make pick that that letter as they killed a diet and in fact there are very few people in in american public life. Of high prominence that are democratic, elected officials who cannot be accused of rank hypocrisy on this issue because they all came out and defended a system that would not pass muster even in starching, sir. I I don't have jack to anything. Luke has just said, alter his analysis, but I think we ought to reflect for a moment on one of his son,
says, which was that these colleges took these steps because they didn't want to upset the federal government. The fat a government should be upset by a lack of Jupiter since that should be its guiding principle. Insofar as there is a role for the federal government in this country. And insofar as a role has been enumerated, or by the constitution. Thank you. Thanks to the the fourteenth. Amendment is to ensure that elementary rights, including those that are contained within the bill of rights, are being respected at state level and with local institutions, that's why the Our government has historically gone in to the states and two institutions that funds are, has some control over the fence. Government with the Department of Justice which was not extended the time of the founding, but was created after the civil war was,
Ways to remedy these. Deficiencies to be advantage of those who are being denied their rights and what we have seen here, is the opposite we have seen, is the fur our government, led by Barack Obama and Joe Biden telling institutions don't at here Did you process it's it's perverse and I suppose I shouldn't be surprised at the head of the European Commission on civil rights- is opposed to this. Given the saw down backwoods way that the federal has behaved throughout this. But what is the point having a department education, a department of Justice or commission on civil rights. If no to ensure that local. Institutions at head to national rights. I'm I'm baffled
Two hails dunk says so look on the policy point you pointing out the proxy size, a kind of lost lost form of a political cometary, but it is wrong. Latest. It's so flagrant in this instance The lesson mulatto believe woman advocate divide thing comes up which, as you know, what I've learned and yeah we should give credence that allegation take them seriously. That does mean you don't have due process and You don't have rights for the accused. You don't investigate. So if that's really her position, she should support. Maybe they'll support. You know every jot and tittle of what the boss is proposing, but you should support it directionally, but none of these people.
Of course, hey the job, I should have to process obsolete, trifling. Clingy bind them south have moved on this issue at all. Well, yeah, The fact that we have utterly situational ethics on behalf of sort of half with actresses we're trying to political operatives and then cynical elected officials. Fine. What about the entire Senate on the democratic? So well, you know athlete elected officials. I think that the the better way to look at this is that there is also a deep protection here. That means that, even if they were to acknowledge okay, we were hypocrites outbreak. Haven't all we're sorry due process important. There is also a deep protectionist policy issue. That means that I dont think that anyone curbing democratic Party can work their way out of it, which is this
the one hand if this is about rape or sexual assault, that these are grievous crimes that have no business being adjudicated by university administrators assistant, Dean's, or something like that, and that simple, stay away from each other instruction or even expulsion, is woefully inadequate punishment to that sort of malfeasance right to simply say how your rapists, sorry, you can't go to stand for. Timor is wrong. You eat, it should be no you're going to prison. You worry rapists and that's what you deserve and I think every American should be able to get behind on on the flip side. What really underlies this is a sensitive in the absence of sexual ethics or any kind of moral or honor code at university, what you were has is students will wind up in situations where sexual misbehavior colloquially speak
we'll take place. That does not rise the level of crime, but threatens the community of of students, the community's trust that required in a universal right, broadly speaking, and rather than say, Ok? We need to have a meaningful sexual ethic on this. Can't this we're going to put set guidelines were going to regulate sexual behaviour, for students violate these. We reserve the right to get you out here, the procedures by which were going to determine whether or not these have been violated, but that would require them to acknowledge this tax is not a free for all that. You need a set of ethical principles around it and are not willing to do that, and so. Instead, we fall back on this absurdity. Where rate this are either at worst getting expelled, and you know at at best being let off the hook because their being inadequately investigated adjudicated and, at the same time, p
who were fighting themselves caught up in this because of what we might call run of the mill sexual misbehavior on the part of twentysomethings or being labelled rapists winding up and so really, the demands should be. I think you know conserving make a more tragic retreat critique of this by saying, hey. We think there is such a thing is sexual morality? Why don't you? because a clearly you do you're just not willing to admit. I think that I think, when progressive scale down that road shouldn't say just just relatives, but it really is progressive that leading this, that they are Dixon themselves? the argument seems to be like this a court this in a criminal trial. And there is no potential loss of liberty, so justice you wouldn't want to have the government getting involved, all the governments setting rules for an employer.
You shouldn't be setting rules for It is now. If that's a call to get rid of title nine great but even if we accept that, if we assume that this is just a code of conduct that it is just the rule book of a given college that it we changed it well and that it is therefore binding just what a student has to accept when he or she goes to call it an Its provisions are therefore acceptable. Well, Why are people have set with Bessie divorce? I mean if, if I'm supposed to be fine with changes that the Obama administration's instituted, because that's just the costs are going to college, there's no constitutional principle here that they are what they are then nobody should be, as of ecstasy, seem to be by better it of us altering them, and yet they are
and if they are, then I think we can be as well. So I think I would actually energy yet here that I think the degree of freak out about this has been relatively muted compare. To the intensity with which these rules were defended. Maybe that's usually maybe that's a by product of a quota virus and background events superseding it. But I also think part of it is late recognition of the that to which this was a grievous, both political and policy error and the extent to which very few people are all that eager to defend the nuts and bolts of what was done. While I'm sure Joe Biden will say we need to go back to the way things were under the Obama Biden Administration, which is his favorite term. I would actually be surprised if it bite administration reinstituted these rules. They were there as in our unpopular, that's my question to you too. Cook. Will these were the best your form Betsy divorce reform? and door yes or no? No, because
and is going to have to throw a ban to the many many people who are now saying? I believe, tar red, or at least I made uncomfortable by the accusations, but I need Joe Biden to win, because I need him to insert list of priorities, of which this is one look you're a yes? They will endure. Well, I think they'll be modified, of course, Hertford symbolic purposes, but we're not going the eye with the. Honestly, if we go back to the status quo ante of of the dear colleagues letter look. I think they would be modified if Biden when's, but we're not going all the way back for a while reason because these rules are being challenged so often and so successfully. I income
but they're going to have to change one way or the other. So I don't think we're going all the way back. But with that, let me pause and plugs the NRA newsletters. If you're not getting Kim Gerrity's daily morning, Jill you're missing out, it is a must read its its value, has anything just increased during the coronavirus prices. Jimboy's has a thoughtful and different, and informative, what's going on at any given moment with crisis, also Kevin. Why himself has new newsletter that is released on Tuesdays called the Tuesday evening. The letters are completely free come directly and your inbox, all you do is go in and at your email, and sign up for There are also a lot of other things you can get it you're interested, but if you not reading both of those who really missing, So before we leave, let's hear a few, other things? Luke Thompson,
you, ve been watching the can burns documentary the war yeah have I It covers a light item but- tat my earlier. I raise the civil war document during the last episodes. We should realise that by the other night there I was getting editors paneless is watching a cat Bernstein. Dmitri now or get yet set him. Somebody get somebody get Kinspeople found. Let's get some sponsorship your eyes. My fiance is document. Are some producers wash lotta documentaries and in the wake of of hearing some folks talk about how this was the first period of truly, why bread popular sacrifice since the war that guy Thinking into it. We start we watching this, this year's documentaries, it's it's extry! It's got wrenching, it's sort of classical Barnes PAN and scan, so it's not as visually stimulating, might be, but it was made at a time when so many of veterans were still quite young.
At least you know we're many more. They were still alive and they're they're. Very engaging characters goes through a series of small towns and cities that that send people took to the Pacific. And to Europe and by hardly recommended it's it's heavy stuff. But it's worth watching Troika Cuban reading over. Faced that I haven't dad has my dad is reading to my kids every day half an hour from England, and I thought they would enjoy this when he first suggested it. When I was a little bit worried that they would be to ram Berkshire, so they would run around or stopped smashing off. I don't know, but it's been really beautiful to what did they sit to have both of them foreign to they sit down and they listen and they re long. If we have the book ourselves or stay, no, which pages which
but even in this time of distance and and separation, kids are as transfixed by being read stories as ever: that's very sweet. I'm goin to boast about my colleagues there was a report came out last week on the way calm, score ratings for all sorts of conservative websites? This was for March a little bit of a delay, year of Year, Marsh demarche national view had the biggest gain and leadership of any kind a bit of website a two hundred percent increase, obviously lie that has to do with events and how it should people are in this crisis, but also has a lot to do with just the excellent quality of work put out every day, every hour by hour writers and are editors and with that Luke. It's time
Letters picks. What's your pic, so hot might take. Is demographics piece on sixteen eighteen projects, Pulitzer Prize when it's a classic the peace, its extremely detailed. It goes through arm in out in great detail. Other mistakes were made in sixteen eighty project, Pulitzer Prize Committee. Looked it gives a timeline and am I actually listened to the peace this morning after posted it has in mind, and our pieces have this great listen function? I don't know if that's an end, our plus excuse for not, but I was making breakfast in and listening to the to the peace, and I thought it was excellent. I heartily recommend it. Everyone, jolly with your big I find disconcerting about the listen function. Is that you to adapt Maclaughlan peace and then is read by somebody with a woman's voice and then I know damn so I know what I saw my Ex Carl Smith is currently watching document. She made
by and about Michelle Obama, and that lets say costs missing it. I will that you reject. It is peace and one this coming on the same topic today, my pick- is aforementioned morning. Jolt number, though one that actually came out this morning were talking late Thursday morning. Jim goes through the numbers and New York which, as bent the proverbial curve, but still in New York City, It's say: Luke has seen a more cases, then many many many places around the Country and are also to study them shows that it was New York City. That's seated much of the rest of the country. This virus- and it makes this Jim points out, the surest says we are getting pretty late and the game from
New York City officials, that you ride the subway, no problem, if zero sign you know, you're gonna get this pastor, on the subway, of course, when the subway would be an absolute perfect vector fortune for the transmission of this disease and there's been a least one. Syria, study to that effect, so anyway, typically great morning jolt. So that's it ferocity ballistic to been listening to a national review. Podcast rebound yes, retransmission her account of this game without the express written permission of NASH. You magazine strictly prohibited by Yes, it is produced by the incomparable Sarah shit It makes a sound better than we deserve. Thank Charlie, thank you, Luke, thanks specially to all of you listening where the editors see you
Transcript generated on 2020-05-14.