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Counsel jack smith. The 45page indictment accuses the former e president of three counts of conspiracy and one count of obstruction for his alleged efforts to overturn the results of the 2020 election. Culminating in the january 6th attacks on the u. S. Capitol. Heres the Special Counsel tuesday after the charges were handed up. The attack on our nations capitol on january 6th, 20211, was an unprecedented assault on the seat of american democracy. As described in the indictment, it was fueled by lies. If lies by the defendant targeted at obstructing a Bedrock Function of the u. S. Government, the nations process of clerking, counting and certifying collecting, counting and certifying the results of the president ial election. Paul lets bring in Wall Street Journal columnists dan Dan Henninger kim strassel and Editorial Board member kyle peterson. Dan, its interesting, he cited the riots at capitol, but thats not really in the indictment, per se, nothing that links to the rioters in particular. Instead, its a conspiracy about overturning the election. What how strong is the indictment . Well, the indictment, i would say, is not very strong and precisely for that reason. You know, this is fascinating, paul, it is so difficult for the general public, for all of us to separate these two events, the attack on capitol on january 6th, from the fact that this indictment is about trump attempting to overturn or obstruct the results of the election. All of those recounts, georgia, arizona, the rest of it, we went through all all that. Jack smith is talking about january 6th. But he has to prove the case about the election, and the argument is that trump attempted to keep fraud to defraud that election. And one of the statutes that he cited is based on enron, a company that got in trouble back during the financial crisis. That was a financial fraud paul right. Proving a political fraud, i think, is going to be very difficult. And i think the center of it is, it has to do with trumps state of mind. Trump had to believe, with know what he was doing was wrong. And i think all of us could ask ourselves did donald trump actually believe that the election, that he had won the election . My view would be, yes, he does believe that, no matter what people were telling him. So jack smith has somehow got to prove, if he has evidence, that trump actually said to one of his associates i know that i lost this election, that would be one thing. But no evidence of that sort has been deduced up to this point at all. Paul kim, you wrote this week that the indictment runs the risk of setting a dangerous precedent in the sense that it criminalizes actions that politicians take based on lies. The indictment says flat out trump can lie all he wants about the election, but its that taking the action based on that, that is criminal behavior, fraud here. Elaborate on your point. Yeah. Well, i think the real problem here, paul, is that a jack smith doesnt is have have a law he can point to that says the actions of donald trump were actually illegal in terms of trying to change or confront or overturn the election results. So instead hes got this Novel Theory Tata it is a conspiracy if a that it is a conspiracy if that a politician is advised what he is saying is a lie and acts on it otherwise. The problem though, paul, is we have politicians who do that all the time. I remember back in 2014 when the Supreme Court ruled 90 that barack obama had wrongfully installed Recess Appointments by declaring the senate in the recess, a power he did not have. He claimed he had the Constitutional Authority to do that. He clearly did not. Could you not make the case that he had lied to the American Public and taken actions on the basis of that that defrauded the regular function of government . Well, i think you could. And im to worried that theres going to be future prosecutors who take this precedent and use it to their own purposes, and thats always the problem you have when someone goes down an unprecedented route like jack smith has here. Paul kyle, theres a lot of ugly facts here that we knew about involving trump, how he tried to pressure mike pence, he and his coconspirators, nowcalled, tried to get states to send in an alternative slate of electors for the electoral college, but the key question, is it criminal behavior to do that . Right, exactly. And dan was talking about the fraud against the United States statute and whether fraud includes political things or only financial crimes. Theres another statute thats cited, obstruction of an official proceeding, this is a relatively new law. Some of the january 6th rioters have been charged with that and convicted with that, and they are now appealing. So theres at least a possibility that that will get thrown out on appeal. Its a really ugly and damning set of facts, theres not a defense for what President Trump did after the 2020 election. But the question is whether it is clearly illegal, and all the people who are finding this indictment cathartic this week with, i think, should think about whether it will be as cathartic if one of these jurors in d. C. Says, well, it seems to me that trump actually believed this stuff. Or if trump gets convicted and loses the election and then it gets thrown out on appeal at the Supreme Court and the Supreme Court says these laws do not cover this conduct, if you think people are upset about a stolen election right now, wait until that happens. Paul dan, what is trumps best Legal Defense here . I think his best Legal Defense is pretty much as his attorneys have suggested, that he was exercising his right to free speech especially because the Special Counsel, jack smith, acknowledges that. And thats a very strong precedent that, you know, politicians are allowed to say a lot of the things kim was suggesting and that its a stretch for them to push this into the area of fraud against the United States. Paul all right. Thank you, all. When we come back, selling the biden brand. Hunter bidens former Business Partner testifieses Behind Closed Doors about the president s ties to his sons foreign Business Dealings. What we learned from the newlyreleased transcripts, next. I s vitamins and minerals and ensure complete with 30 grams of protein. Struggling with the highs and lows of bipolar 1 . Ask about vraylar. Because you are greater than your bipolar 1, and you can help take control of your symptoms with vraylar. Some medicines only treat the lows or highs. 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Paul Hunter Bidens former Business Partner, devon archer, testified Behind Closed Doors on capitol hill this week, and the transcript from that House Oversight Committee Interview sheds new light on thenVice President joe bide joe bidens involvement in his sons foreign Business Dealings as hunter sold access to what archer called the biden brand. Our panel is back with details. So, kim, what did we learn from the transcript this week thats new . Well, we learned that unlike democrats said, that there was certainly more of these phone calls on these discussions between joe and hunter and Business Partners, they were not just talking about the weather [laughter] as you said, hunter was selling biden family brand. We learned that the most important part of that brand was joe biden and companys belief companies belief that they were getting access to washington power. Weve learned Companies Like oil and gas firm burisma in ukraine got a prettied good deal out of that in that devon archer claimed the company would have gone bankrupt had it not been for the biden brand and the intimation that the company, which faced a lot of legal troubles, was being protected by that family brand. I think overall, paul, put this in context. You go back, joe biden had been given, deputized this very Important Mission in ukraine at aen sensitive time when russia had taken crimea. He was then warned by Tate Department officials that this was a problem, his sons interactions with burisma. Not only did he ignore that,s he enabled hunter e to do this which is, i think the, a very alarming set of facts. Paul kyle, the archer testimony and other things weve with learned blow out of the water President Bidens assertion that hes made several times in the past that that he never spoke to his son about his business . Who . Yeah, i think so. I mean, the defense of that will be that it was a little bit winkwink, nodnod. He was on the phone calls. Hunter biden calls up and says hello to my Business Partner here with me. The question is whether you believe that, when thats happening dozens of times paul does your dad call you when youre at dinner with your sources . [laughter] no. One of the questioners says, would it be weird if i called my dad right now . And the witness said, that would seem a little bit odd to me. But it raises all sorts of questions. President bidens defense in 2020 was my son did Nothing Wrong, now his son is negotiating a plea deal on tax and gun charges. He said that, you know, his sons business wasnt wrong, his son did Nothing Wrong in ukraine. Hes modified that a little bit lately to the white house saying that President Biden was not in business with his son. But i dont think hes going to be able to get away with that anymore even among friendly reporters and friendly faces. I think hes going to get hard questions about isnt what you said in 2020 during the campaign not true . Paul yeah, lets elaborate a little bit on kims point about what biden was doing here. He was Vice President of the United States. He was president obamas point person, Point Man On Ukraine which was under siege by russia in 2014. He wanted to make sure they tried to keep it close to the west. They wanted an honest election, they wanted that to happen. Somehow given that role in a very complicated situation, the president allows his son to essentially get into business with big players in ukraine, Burisma Which was part of this possible corruption story. It seems to me to be monumentally bad judgment to blend what essentially was the Family Business with a countrys business. Yeah. Its not only monumentally bad judgment by a Vice President , arguably its unacceptably bad judgment. He also went to two dinners at the famous washington restaurant cafe milano with hunters business associates, nominal ily for a birthday and to discuss the World Food Program and then he was on the phone. Joe biden as vice his son was seeking access in washington on the behalf of these foreign countries, and joe biden was clearly adding credibility to his sons access. This is a political question that the American People just as trump and january where 6th and the is something the American People are going to have to pass judgment on, theyre going to have to decide that the Influence Peddling that the Vice President participated in is acceptable in a future president. Its a horrible choice for the American People to have in front of them, but lets not deny what joe biden was actually engaged in. Paul kim, this was a all kind of ignored in 2020, and i guess the white house right now is betting, hoping maybe that the press corps will ignore most of this. And theyre right so far. They mostly ignored devon archers testimony except for a but of us, so i guess theyre hoping that theyll get away with it again and this wont become an issue. But i wonder, is this going to be an issue, in your view, in the 2024 election . Oh, absolutely. I mean, the press may not cover it to its full extent, but House Republicans are only just getting going on these interviews. And think about what weve learned just in the last month from the irs whistleblowers who came forward, from this devon archer transcript. There are other hunter biden partners that are also going to get subpoenas that House Republicans are running down at lot of these suspicious Financial Transactions that were reported. So theres going to be a lot more, i think, damning evidence that does corral joe biden into this enterprise. And that information will get out. And this will be front and center in bidens reelection campaign, and i dont know what he can possibly say thats a good defense for it. Paul all right. Still ahead, the latest in the growing clash over Supreme Court ethics and oversight as democrats take aim at Justice Samuel alito over his recent interview in the Wall Street Journal. Ahhh icy hot pro starts working instantly. With two maxstrength pain relievers, so you can rise from pain like a pro. Icy hot pro. We moved out of the city so our little sophie could appreciate nature. But then he got us tmobile home internet. I was just trying to improve our signal, so some of the trees had to go. I mightve taken it a step too far. Chainsaw Revs tree crashes chainsaw continues daughter screams lets pretend for a second that you didnt let down your entire family. What would that reality look like . Well i guess i wouldve gotten us xfinity. And wed have a better view. Do you need mulch . What, we have a ton of mulch. If. Paul democrats on the Senate Judiciary committee sent a letter to chief Justice John Roberts thursday asking him to take appropriate steps to insure that Justice Samuel alito recuse himself from any future legal disputes stemming from their efforts to pass a Supreme Court ethics bill. The letter comes in the wake of a recent interview with alito in the opinion pages of the Wall Street Journal in which the justice says congress has no authority to regulate the high court. Comments that Senate Judiciary Committee Chairman dick durbin criticized this week as unwise and unwelcome. Lets bring in james she around tone she ran toe, coauthor of that interview with Justice Alito. So, james, tell us about that interview with Justice Alito. It was very unusual for a justice to sit down for what was four hours with you and David Rivkining whos a frequent contributor to the journal. I should add that, for transparencys sake, i was in on the second e of those interviews. Yes. Paul is why do you think he decided to talk . Well, he told the us in the second interview that he normally when judges are under attack or the court is under attack, the organized bar, the professional lawyers association, defends judges. That isnt happening, so hes decided that hes going to defend himself, and he did so with great candor. It was refreshing and sometimes startling how bluntly he spoke. Paul well, and it wasnt just about defending the court, it was also an extensive discussion of how he thinks about the law and some of the differences that he has from a jurisprudential Point Of View with other justices. Thats a rare look at the courts thinking internally. Yeah. It was really a fascinating four hours. Paul what did you learn about the justice . Well, i learned, most importantly, that hes very open and and willing to, willing to discuss anything thats not improper. Of he didnt talk about pending cases. He avoided issues that the court hasnt decided. Except on this issue of ethics in which he expressed a very strong opinion that congress has no right to, no authority under the constitution to regulate the the Supreme Court. And that brings us to the letter from the judiciary democrats which is just preposterous. Theyre calling on chief Justice Roberts to make sure that Justice Alito recuses himself from certain cases. Well, chief Justice Roberts doesnt have the authority to do that. Thats like the president writing a letter to the Senate Majority leader saying, you know, you better make sure that this particular member of the senate votes this way. No, each senator is elected by his state and has his own authority to vote however he wants, and its the same in judging. Paul so the Associate Justice, each Associate Justice can decide whether or not to recuse him or herself based on their own judgment about whether thats appropriate, is that what saying . Yes. And thats fundamentally a judicial function, the decision of whether to recuse to. So congress has no authority over it, Justice Alito is right about that. Paul i guess theyre trying to shame Justice Roberts into lecturing Justice Alito . Which i dont think would get very far. [laughter] no, i dont think it will. Paul what is the argument from Justice Alito for why Supreme Court the the Supreme Court cannot why the Supreme Court cannot be regulated by congress . Because the senators say, oh, well, We Have Passed Ethics Laws that the court does honor, it does so voluntarily, the court does. We can set the number of justices and have passed laws that increased the size of the court. So whats his, a alitos target, that they cant do more . Yes, and he concedes they can constitutionally increase the size of the court, and they can also cut the courts funding, so they have some indirect power. His central argument is the constitution creates the Supreme Court. Congress doesnt do it. Congress creates the lower courts. We didnt go into what paul the lower federal courts. Right. The appeals and district courts. And congress crypts what are called article i courts, administrative counts. But the Supreme Court is created by the constitution and, therefore, its an independent branch of government, and congress has very limited authority over it. Paul so if, if congress decided the pass some of these ethics rules, for example, and said were going to impose and the Judiciary Committee democrats have said to the court if you dont impose your own ethics code, we will impose one on you with, and that includes recusal rules. So lets say they pass Something Like that. That would then, presumably, be adjudicated, if it were challenged, and until go up to the Supreme Court, i assume. Yes. It would be an awkward matter to adjudicate. But the Supreme Court would be within its authority to adjudicate it because it is a law passed by congress, and it is the, it is there is a constitutional question here. And i suspect what they would end up doing, and this is pure peculation based on nothing than nothing that justice alie toe said, that they would have a way to say whoever the litigant was doesnt have standing. [laughter] you asked paul and, therefore, they would not rule on it. Yeah. They would leave the underlying merit side alone, although i wouldnt be surprised if some justices wrote concurring opinions saying that this law is unconstitutional. Paul well, the court, i guess alito told us that all the justices have thought about this question, but he declined to say where some of the other justices calm out. Yes. Paul so we dont really know what the other eight justices think, although i guess Justice Elena kagan gave the opinion that maybe she disagrees with Justice Alito on some elements of this, although it wasnt clear exactly what. Yeah. I think Justice Alito is the most publiclycandid member of the court, and he said he doesnt want to talk about what the other justices think, because none of them have spoken publicly about it. Ing. Paul thank you, james. When we come back, a Ratings Agency downgrades the u. S. Credit, sounding the alarm over an erosion of government. Will washington heed the warning . Plus, ron desantis tries to recharge his 2024 campaign with an economic plan. Well take a look at what hes proposing. Muck profer the grand slam ham. And this rookie pro. Profers fresh sliced turkey. And if we profer it, we know youll prefer it too. Glad you made the cut. You mean slice . Seriously . Mlb chooses tmobile for business for 5g solutions. 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Purple mattresss Exclusive Gelflex grid draws away heat, relieves pressure, and instantly adapts. Sleep better, live purple. Visit purple. Com or a Mattress Store near you. Paul u. S. Debt was downgraded for only the second time in history this week with Fitch Ratings forecasting a Bleak Outlook for americas fiscal future. The Credit Rating agency cited rising debt and, quoteing a steady deterioration in standards of governance for its decision, noting in particular repeated standoffs over the debt ceiling, the most recent in june are. The white house criticized fitchs decision with Treasury Secretary janet yellen calling the move puzzling. I strongly disagree with fitchs decision, and i believe it is entirely up unwarranted. Unwarranted. Its flawed assessment is based on outdate data and fails to reflect improvements across a range of indicators including those related to governance that weve seen over the past two and a half years. Paul were back with Dan Henninger and Kyle Pettersson peterson, also joined Bidtorial Bidtorialing member kate odell. I agree with fitch. The basic problem is we have debt that is about 100 of gdp, it is going only up, up, up. At the same time, we have these exploding entitlements, Social Security and medicare as the population are ages. We have low economic growth. The Biden Administration doesnt seem to be interested in pulling any of the Policy Levers like unleashing energy to deal with that. And then we have a series of these Debt Standoffs that fitch cited. On the other hand, those are the only times when Congress Seems to be able to get together and turn off the money spigot just a little bit. Paul yeah. Kate, the white house blamed donald trump here for part of this, and i guess its fair in this sense, donald trump has shown no inclination to do any reforming of the big drivers of debt and spending which are the entitlements like Social Security, medicare and medicaid. What do you think of the argument that its, this is a bipartisan problem . Well, to some extent it is bipartisan s and there hasnt been enough spending restraint from republicans. But one thing i found really striking in the fitch report was that 115 of the economy that the u. S. Is heading to to on debt, i mean, thats two and a half times the more closer to 40 average of a aaa rating and 45 on aa. That should give you a sense of the magnitude of the problem. But i do think youre starting to see some more interest on this from republicanses. We did get some Debt Ceiling Spending Discipline even if it wasnt as much as we would have liked. I think also the fitch report, i mean, fitch is not clairvoyant, there are reasons to dispute some of their assumptions, but its forcing the Biden Administration to have a conversation about this. They can didnt dismiss cant dismiss fitch, and it will force them to dress things address things like their Car Subsidies or Health Care Subsidies that are simply not sustainable. Paul dan, the risk isnt default here, but it is rising Interest Costs perhaps because theyre going to charge more for our debt. I guess the danger down the road is that someday the world which lends us a lot of money will wake up and say, you know what . Were not going to do it anymore. [laughter] right. Exactly right. And then they can ask janet yellen what happened. You know, lets go back we cannot let janet yellen off the hook here. Treasury secretary, former chairman of the Federal Reserve. She actually said that fitch is wrong because the Biden Administration has been spending on infrastructure and other investments and are competitive. Every Federal Reserve chairman going back to paul volcker, every single one including janet yellen have gone before congress and said you have to spend less because the Interest Payments on the debt are just going to become unsustainable. If for her to sit there and claim that spending is solving americas economic problems is really too much to listen to. Paul all right. Kate, you looked at the ron desantis plan this week. What did you like about it . Well, paul, i mean, desantis set out a 3 Growth Target for the economy which i think is worth dwelling on, because that will being essential to digging out of this problem. He also backed it up with some good ideas to get to 3 growth. Energy production would be one of them, getting millions of primeage men back in the labor force, even School Choice, i think, is a great growth policy. So theres a lot to like there. I think there are some questions about whether that will continue to be his guiding star. I mean, he said he wants to simplify the tax code and get rid of carveout toes, another big progrowth policy as long as hes not derailed by some sort of populistright ideas like a large Child Tax Credit that hes declined to support so far. But also trade and immigration, he sounded some notes there that are not growthfriendly especially on immigration. So i think hes got to decide what his Guiding Light is and, hopefully, its growth because thats the only way were going to get out of this. Taxation revenues are healthy. If you read cbo, its spending. Paul what didnt you like, or what gave you pause . The biggest one is he talks about reshoring u. S. Capital from china using strategic tax abatements, and paul whats wrong with that . People would say, can come on, we want reshoring here in the United States, we want those jobs coming back. Sure. But it sounds like a central planner trying to pick winners which generally doesnt work, and why not run on the florida model . Hes got a great record, and what made floridas economy great was not strategic tax abatements. Paul well, are you saying that his bows to the socalled populists is something that now every republican president ial candidate maybe feels obliged to do in the wake of trump . Maybe feels obliged to do, and maybe he wouldnt Feel The Need to follow through on that. I do think hes putting some bad policy in this proposal to try to get those voters that have been historically trumps base. Paul when we come back, talking on big tech. Lindsey graham and Elizabeth Warren team up on a bipartisan proposal that would create a federal agency with the power to sue the Internet Platforms and even shut them down. So is a new bureing rock city ththe answer to Bureaucracy D answer to big tech compare gei power . 0 or more, so sam can make smart ideas, a brilliant reality chase for business. Make more of whats yours. 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Dont take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple Endocrine Neoplasia Syndrome type 2, or if allergic to it. Stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. Serious side effects may include pancreatitis. Gallbladder problems may occur. Tell your provider about Vision Problems or changes. Taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. Side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. Need to get your a1c down . You may pay as little as 10 per prescription. Paul the Bipartisan Push to rein in big tech is gaining some steam with senators lipped are city graham and Elizabeth Warren calling for the creation of the new federal agency9 with the power to sue Internet Platforms and even shut them down. The plan, released last week, would create a new regulatory body called the Digital Consumer Protection Commission charged with hinesing and policing license aring and policing Companies Like meta, google and amazon. The lawmakers say the commission will, quote, prevent online harm, promote free speech and competition, Guarantee Americans privacy and protect national security. Lets bring in andy kessler, he writes The Inside View column for the Wall Street Journal. Andy, good to see you, as always. So is the nation clamoring for a Digital Consumer Protection Commission . Do we need it . I dont think so. You know, i actually read this bill. I had insomnia, and it helped put me to sleep. But its 158 pages of red tape. I mean, the thing is just a power grab to unelected regulators, and we dont need this thing. First, theres a 500 million budget for this thing k and they get to keep any penalties they get from suing big tech companies. Paul yes. So instead of promoting competition, transparency and all those things, its going to freeze todays technology. Of its going to kill innovation, not help it. Paul so and yet when you look at American History whenever you have these big disruptions or new developments in the economy, im thinking of the railroads, for example, you end up with the interstate Commerce Commission or ended up with radio helped give us the federal communications commission. Is this just sort of what inevitably happens when you get new disruptive businesses that grow large very rapidly . Well, sure. But then you get regulatory capture which is exactly what happened with railroads and radios. In fact, there is a radio aspect to this thing. This new commission would require revocable licenses for each of the platforms. I mean, so what about new platforms . Do the startups have to ask for permission to innovate . Silicon valley works and tech works because of experimentation, because of surprises. I mean, if this bill was around 20 years ago, wed still be dialing into America Online or using one of these, a blackberry. [laughter] i mean, i dont want to go back to that world. Paul well, i guess a lot of americans listening to you would say, well, wait a minute here, big tech very, very powerful. You know, they take our data, they use it and sell it and, in fact, they censor much of what certain people they dont like. And we know from recent court cases that Facebook Twitter were pressured by the federal government to essentially shut down voices or downplay voices on the platforms that were politically unpopular. What are you going to do to check that power . So,ing or look, i agree, technology industry, theres plenty of issues, you know . Apple and google and their app stores and amazon sells private label versions next to in the marketplace and google provides services next to search results, censoring, this is all sorts of problems. You know, silicon sali, its a free market silicon valley, it e works by competition. And if you think each of these companies has a no knoply, youre mistaken. In cloud its amazon, microsoft, orring cl, ibm. In phones, apple and google compete. The number of apple iphones is actually going down. Facebook and twitter compete in social networks. Microsoft, google and meta now in a. I. And every big company is under threat from if new innovations. I mean, a. I. And chatgpt certainly proved that. My problem with all this is this is not the way to resolve problems. If you try to Micromanage Tech and innovation like Elizabeth Warren and Lindsey Graham are trying to do, youll end up killing it. Paul what about the Censorship Problem . Thats certainly bothersome to me. Weve had some of our things, the fact checks, socalled, on some of our articles on facebook because they set up a Committee Full of likeminded people on the left who dont like competing points of view. Im what do you do about that problem . Because they have a Big Tech Coe Chamber where they dominate the public discussion. Yeah. I think censorship is a problem, and i think that can be are resolved first by competition, but secondly, by transparency. And, you know, remember, these companies, they get to invoke their own First Amendment rights as part of section 230 which allowed them to host content without being sue ised. They were allowed to have Community Standards and take down whatever they want. The problem is, is when the white house and others in government were calling or emailing facebook and twitter and saying you need to take this stuff down about covid or about rightwing things. And that is an absolute violation of the First Amendment and should be prosecuted. But the only way to find out about it is by via transparency. And i think these Companies Need to post more about either how their algorithms work but, you know, again, government can help open up and provide sunshine, but i think competition will do that in even greater numbers. Paul and a Digital Consumer protection agency, i assume, much like might very well be even more censor yous if you put politicians in charge of what these platforms can say. Briefly. Well, i mean [laughter] if you get to keep the penalties from what you sue, it sounds almost like an Extortion Racket to me, and thats the reason to be censorious. I dont like it. Paul andy, thanks so much for coming in. When we come back, with congress out of town on summer ree access, the Biden Administration is quietly proposing dozens of new regulations that could cost americans hundreds of billions of dollars. Well tell you about a few of them next. From august 7th to the 13th. Now is the time to partner with our experts. Get started today with verizon business. Its your business. 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Tell your doctor about new or worsening eye problems such as eye pain or vision changes including blurred vision, joint aches and pain, or a parasitic infection. Dont change or stop asthma medicines without talking to your doctor. Ask your doctor about dupixent. Paul with congress leaving town for summer recess, the Biden Administration is taking the opportunity to to roll out dozens of new regulations that will cost americans hundreds of billions of dollars. We begin with the Transportation Department which just proposed a 69 6996page rule 696page rule that would a raise Fuel Economy Standards or in a move that would effectively require 10100 of new cars to be electric by 2032. Lets bring back Dan Henninger, kim strassel and kate batch holler odell. Kate, take up this new big rule on auto standards, mileage standards, because its this is a major impact economically. Right, it is, paul. To your point, its basically requiring effectively 100 of new vehicles to be electric by the early 2030s. As we wrote earlier this week, that is more ambitious than even california which is impressive. Can now you think that all of this burden on the economy would produce some effect on carbon, but what we see here is that the reduction in Carbon Emissions is perhaps going to be half as much as the Canada Wildfires release this year. Its not much of an accomplishment. Meanwhile, General Motors and others will have to pay penalties and may, in fact, do so if they dont meet these standards. So its just one of the things that the biden crowd is trying to ram through while most americans are quite sensibly on vacation not reading the federal register or scrutinizing whats a going on. Paul most reporters dont even realize the the federal register. [laughter] kim, give us a couple other examples of what theyre doing. Well, so heres a big one, paul. The National Environmental policy act, which is what deals with permitting standards, theyve got a new rule out saying that in the future all of these Project Analyses are going to have to take into account Climate Change and environmental justice. That means as regulators are reviewing, you know, this pipeline, they might have to say, well, you know, would a solar panel make more sense . If so, were not going to approve this pipeline. The other problem with this particular change, paul, is that nepa was a passed in order to mitigate local environmental problems. They are now widening that to say analyses have to look at the global effects of climb change. All of this is going to make Infrastructure Projects either impossible or more costly, and ill argue this is another one thats ripe for a Supreme Court challenge because they are rewriting the fundamental importance of this rule and also undermining the deal they made with joe manchin in the recent Inflation Reduction Act over speeding up some of these regulatory approvals. Paul yeah, this is Pretty Amazing stuff, dan. If you rook at the total, sum total over the first two years of the biden presidency and now the third year with, hes surpassing whatever barack obama did. I mean, its an extraordinary number of new major and costly rules, do you have another example or two . Well, i mean, the politics of this cant be avoided. Its an amazing regulatory tsunami. And this explains a couple of things in our politics; one, why democrats love biden. With biden its just fire and forget, just pour it on through there, and the progressives in the white house are pushing this is the Elizabeth Warren of the presidency, basically reduce congress to a nullity. Paul right. The second aspect, this explains why the progressives are attacking the Supreme Court or why they want to attack the Supreme Court. They need a Supreme Court that would rubber stamp all these regulatory initiatives instead of the one that they have now which is inclined to push back against things as they did with bidens student debt plan. So this really is where the progressives want to take the country. It reduces congress to nothing, but i think as long as the Supreme Court is sitting there, we are going to have some of these regulatory emissions become major Policy Questions that go before the Supreme Court. Paul kate, on this question that dan raised about congress being a nullity, is that what can congress do . I know it has the review act which they can override certain regulations with bipartisan with votes in the house and the senate, but youve got to get the the president to sign it. Hes not going to sign that, so those will fail. But what other recourse is there for congress, or do we have to end up going to court . Yeah. Well, paul, those votes may well fail and not be able to be overridden, but i think theyre stale worth taking because i think democrats should have to go on the record about whether they support some of these rules or not. Barring that, i mean, the Appropriations Process is a powerful avenue for republicans to consider as they try to withhold funding. Congress has the power of the purse, so that would be one avenue i would, consider. This is a great theme for any republican whos running for president right now. In addition to being a big drag on the economy and growth, this is not how the government is supposed to function. And so i think this is a good subject for republicans to take up in getting that power back to congress and out of the administrative state. Paul kim, the government likes to do this because they can make it very complicated. You write a 700 page rule nobodys going to win, the citizens dont read, the press ignores it because they think its boring, and yet this is how we govern ourselves these days. This is how government ab acts, and it leaves citizens really at the mercy of people who are unelected. Yeah, its outrageous. And, by the way, this is partly the failure of what used to be a bipartisan can coalition in congress pushing back against this, and i think the add administration the bureaucratic state. Paul all right. We have to take one more break. When we come back, hits andfe misses o, f the week. B ledo in glucerna protein smart with 30 grams of protein to help keep you moving. Uniquely designed with carbsteady to help manage blood sugar response. Glucerna, bring on the day. [bones cracking] tense music one aleve works all day so i can keep working my magic. Just one aleve. 12 hours of uninterrupted pain relief. Aleve. Who do you take it for . To finally lose 80 pounds and keep it off with golo is amazing. Ive been maintaining. The weight is gone and its never coming back. With golo, ive not only kept off the weight but im happier, im healthier, and i have a new lease on life. Golo is the only thing that will let you lose weight and keep it off. Who loses 138 pounds in nine months . I did golos a Lifestyle Change and you make the change and it stays off. soft music [music this little light of mine] in the worlds poorest places, children with cleft conditions live in darkness and shame. Theyre shunned, outcast, living in pain. You can reach out and change the life of a suffering child right now. A surgery that take as little as forty five minutes and your act of love can change a childs life forever. Please call, scan or go online to give a new smile. Thousands of children are waiting. Time for our hits and misses of the week. Kim, first to you. They didnt paul this is a huge mist to the bite administration for banning the beloved incandescent lightbulb. Now, many in the process aint no big deal people are switching to led anyway. But that is not the point the point is americans are stripped of choice if you like the warm thick comes out the incandescent of the particular type of light that gives too bad. Joe biden is telling you what you get each comment what you can drive it even what light you can read by. When will it stop . Ask kyle because she works look of a mist to home full of republicans and blue states were saying they will block their own parties tax bill unless it expands a federal deduction for state and local taxes often called salt like garcia california congressman says refusing to lift the 10,000 dollars cap on salt would be a middle finger mentality toward his constituents but hang on the middle fingers coming from sacramento. Thats where the high taxes are set giving californians a federal tax break because that high state taxes is a subsidy from other states appeared quick spoken by the w the late new jey resident. All right kate. Paul, might miss this week as to the brouhaha of that the location of u. S. Space command person biden says its going to stay in colorado for trump wanted to move to alabama, some in congress are angry look we have real vulnerabilities in spacex we need more spam likes me better so as to protect everything from civilian gps to u. S. Troop movements weve got to wake up to the threat china poses to us in space. I hope these issues will start to command more attention in congress and then mere parochial bickering on where to locate the headquarters. Dan kuester quick to hit this week the School Choice movement which is building on the momentum it got during the pandemic. In the states that have established School Choice or educational scholarships, people are applying to get them. Arizona, indiana, West Virginia and arkansas have all seen upticks especially it is worth noting that it is in republican states led by people at kim reynolds in iowa or ron desantis in florida where this is happening. School choice is indeed proving to be the best way for parents to take control their kids education to see dan thank you for that is it for this week show. Thanks to my panel and thanks to all of you for watching hope to see right here next week. 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