BLM calls for vigilantism; federalism as a Resistance tool (12-09-2024--Hour2)

[00:00:04] What's going on? Thank you so much for listening to this podcast. It is heard live every day from noon to 3 on WBT Radio in Charlotte. And if you want exclusive content like invitations to events, the weekly live stream, my daily show prep with all the links, become a patron, go to thepetekalendershow.com. Make sure you hit the subscribe button, get every episode for free, right to your smartphone or tablet. And again, thank you so much for your support.

[00:00:28] Daniel Penney acquitted today, about an hour and a half ago or so, on the lesser of the two charges that he was facing. Remember, on Friday, the DA moved to drop the more serious charge that the jury was deadlocked on. And after that, the jury came back this morning.

[00:00:51] And after about an hour of deliberation, they acquitted Penny on the lesser charge.

[00:01:01] And I think, hang on a second, I had a message here from somebody asking how that happens.

[00:01:07] Yeah, from the Hellion. How did they deadlock on a higher charge, yet got unanimous on the lesser?

[00:01:16] So, remember on Friday, I said that I would not be surprised if after saying they were deadlocked, they came out at the end of the day and said, oh, we do now have a verdict.

[00:01:29] Because it was the weekend, and they would very much like to be done before the weekend.

[00:01:35] They don't want to have to come back on Monday.

[00:01:38] Stuff like that does matter in the course of jury deliberations.

[00:01:44] People become, you know, tired of hanging out in this room with the 12 jurors and debating and going over the same details and arguing over the same stuff for days on end.

[00:01:56] And so, finally, they're just like, okay, fine, whatever, I give up.

[00:01:59] And they just cave.

[00:02:00] That happens.

[00:02:03] In fact, I would probably submit that that is the process.

[00:02:10] But sometimes juries make these types of decisions because of the timing.

[00:02:15] It's a holiday weekend.

[00:02:16] They want to go home.

[00:02:17] Whatever.

[00:02:19] Sometimes they'll hang around.

[00:02:20] They may have voted, and they know which way they're going to go, but they'll hang around until lunch so they can get the free lunch.

[00:02:25] And then as soon as lunch is over, they're back.

[00:02:29] I've seen that happen.

[00:02:31] Um, so how did they deadlock on the higher charge but get unanimous on the lesser?

[00:02:36] So my read on it at this point, not having any information whatsoever, so just wildly speculating, is that there was probably one or two holdouts.

[00:02:47] I would probably guess one holdout for the higher charge.

[00:02:52] And they wanted to convict him on the higher charge.

[00:02:56] And when that got taken off the table because none of the other jurors would, uh, would go along with the guilty verdict, they then get told to weigh the lesser charge.

[00:03:08] And if the other 11 jurors that wanted to acquit, if they come in and they're like, we're not convicting him on the lesser charge either.

[00:03:18] Well, then the one holdout, they can either continue to hold out and to try to think that they're going to flip every other one of the 11 jurors or they just say, okay, fine.

[00:03:30] Acquit, it's over, let's go home.

[00:03:33] Um, because that's where the other 11 are and they're not going to move off of their positions.

[00:03:38] Um, that's what, like, to me, that's the, that's the logical, uh, way that this probably gamed out.

[00:03:47] But I don't know.

[00:03:47] Uh, maybe some of them will do interviews, uh, afterwards and we'll find out.

[00:03:52] Um, on the question of whether or not the BLM era is over, uh, with this acquittal, uh, Mark says it'll, uh, BLM will never go away.

[00:04:02] Those grifters will always be around, uh, sort of like Al Sharpton.

[00:04:06] Right.

[00:04:07] But, but does the party become, does the Democrat party become less beholden to them?

[00:04:12] Right.

[00:04:13] That, and I don't know the answer to that either.

[00:04:17] That's, you know, purely predictive.

[00:04:19] Let me go over to the phones here and talk with John.

[00:04:21] Hey, John, welcome to the show.

[00:04:23] Hey.

[00:04:24] Yo.

[00:04:25] Um, need some of your geniusity here to help us.

[00:04:29] Um, the father, uh, is wanting to sue Daniel Penny.

[00:04:35] Um, well, I say this is where we need you to think this through.

[00:04:39] Um, I say we sue the father for, uh, his irresponsibility in raising a child that was a good member of society

[00:04:48] through the negligence and malfeasance of him.

[00:04:51] Um, he's the one who truly made his son a victim of circumstance.

[00:04:55] So we should sue him.

[00:04:58] Now that would be, yeah, I don't know.

[00:05:01] Well, yeah, that would be a very interesting, uh, precedent to try to set.

[00:05:05] And that would be a precedent as far as I could tell.

[00:05:07] Uh, because then like, what's the statute of limitations on that for the rest of Jordan

[00:05:12] Neely's life?

[00:05:12] If he were to live to be 70, 80 years old, if he ever did anything wrong, you could always

[00:05:18] go back at his father for abandoning the family.

[00:05:21] You know, uh, I, I don't know.

[00:05:24] I've never known you to be afraid of setting precedent.

[00:05:27] What?

[00:05:29] Well, I mean, I set precedent every day on my show.

[00:05:32] I mean, yes, but not legal precedent.

[00:05:34] You know, I mean, I'm no lawyer or anything.

[00:05:36] I, I suspect though, that you're going to have, you're going to have difficulty trying to get

[00:05:42] courts to punish parents for the sins of their children, especially when the children are

[00:05:47] 30 years old, you know?

[00:05:49] Well, but in a, in a lawsuit setting, I mean, Penny could very well counter sue for some other

[00:05:56] reason.

[00:05:56] You know, he, he could counter sue against the father for some kind of slander or defamation

[00:06:02] or, or I don't know, try to find some other reason why he could go and counter sue the

[00:06:09] father if the father does sue Penny.

[00:06:11] So, and I'm no expert on any of that, but why not at this point, right?

[00:06:18] Well, if nothing else, it gets the thought out there and it gives people food for thought.

[00:06:22] Yeah.

[00:06:23] Yeah.

[00:06:23] I mean, this, it, it is PR at this point.

[00:06:26] Uh, John, I appreciate the call because yeah, I don't think Penny has the financial resources

[00:06:33] to pay this guy.

[00:06:35] Like, who are you suing?

[00:06:37] It's one thing to go after like the city of New York.

[00:06:41] If Penny were a cop, right?

[00:06:43] You could go after the city.

[00:06:44] They got deeper pockets and they're just going to, they'll, they'll pay out a settlement

[00:06:48] to make you go away and not have to go to court and spend even more money in trial.

[00:06:53] And there's a PR benefit to paying off, you know, a family in a highly charged lawsuit.

[00:06:59] So that's not, that's not in play here.

[00:07:04] Penny is not a wealthy guy.

[00:07:06] So I don't, I don't know how this guy thinks he's going to be able to collect, um, even if

[00:07:13] he were to win.

[00:07:15] So I do have a clip here of, uh, what's this guy?

[00:07:19] Hank Newsom, I think is his name.

[00:07:20] The local BLM leader all decked out in New York Yankees gear for some reason.

[00:07:26] I don't know why, but I guess it's a thing.

[00:07:28] Um, I don't find this to be a particularly helpful thing to say.

[00:07:34] It's like everybody else has vigilantes.

[00:07:38] We need some black vigilantes.

[00:07:42] Right.

[00:07:42] People want to jump up and choke us and kill us for being loud.

[00:07:50] How about we do the same when they attempt to oppress us?

[00:07:55] Right.

[00:07:56] I'm tired.

[00:07:57] Tired.

[00:07:58] I know you're looking for us to be like, Oh, go and march, go and march.

[00:08:02] No, this weekend.

[00:08:05] I want you to hold a community event everywhere from the Bronx to Houston to Seattle to Florida,

[00:08:13] black people, whole community event and talk about what you need.

[00:08:20] What you need.

[00:08:21] All right.

[00:08:22] I don't know, man.

[00:08:23] That's like four days away, you know?

[00:08:26] Like, I think you want to strike while the iron's hot, you know?

[00:08:30] Um, I don't know if waiting a whole weekend, but also what is the deal with picking like

[00:08:37] the absolute worst poster children for these types of cases to be made?

[00:08:45] Jordan Neely is not a sympathetic quote victim.

[00:08:51] Why do you guys keep picking like you have?

[00:08:53] There are better examples if you're trying to advance this argument.

[00:08:59] And for some reason, they ignore the better examples and they focus on the worst ones.

[00:09:04] Michael Brown, for example, in Ferguson.

[00:09:08] Right.

[00:09:10] And so you get this, this rehabilitation and retconning of, uh, of their past and their

[00:09:16] history and their criminal records and what they were doing.

[00:09:18] And then you have to lie about all these different aspects of it when there are better examples

[00:09:24] that you can pick, but it's like, they don't pick them.

[00:09:27] It's almost like they choose the worst and maybe they choose the worst because then anything

[00:09:35] else will be acceptable.

[00:09:36] I don't know, but I don't think calling for more vigilantes is a particularly helpful message

[00:09:44] in our society.

[00:09:47] Because if you keep encouraging people to engage in vigilantism, you're going to get more

[00:09:52] vigilantes and you can't control that.

[00:09:57] You may think you can control it by making these calls to your 12 people that are out there

[00:10:01] protesting with you, but you cannot control an entire society of vigilantes.

[00:10:07] So.

[00:10:08] That's what I want to think that one through.

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[00:11:11] So I'm going to tie this together.

[00:11:13] The penny verdict and federalism.

[00:11:18] All right?

[00:11:19] Because there was a story, there was a piece, very lengthy, by Frank Foer.

[00:11:25] Foer.

[00:11:27] Foer.

[00:11:28] F-O-E-R.

[00:11:30] Foer.

[00:11:31] Over at the Atlantic.

[00:11:34] Headline, Democratic State's New Anti-Trump Strategy.

[00:11:39] Federalism.

[00:11:42] So the big takeaway here for me was that Donald Trump has turned Democrats into federalists.

[00:11:49] That's no small feat.

[00:11:51] I couldn't believe it either.

[00:11:54] But it's not a new strategy, by the way.

[00:11:57] Folks on the left that are now getting super serious about understanding what this whole

[00:12:02] concept of federalism is about.

[00:12:04] Not a new concept at all.

[00:12:05] Been around literally since the founding of the country.

[00:12:08] And subsidiarity or, you know, the subsidiary, subsidiarity, subsidiariousness.

[00:12:19] Anyway.

[00:12:20] The whole point is that the federal government is separate from the states.

[00:12:25] Right?

[00:12:26] The states created the federal government.

[00:12:27] States have their own areas of jurisdiction.

[00:12:31] Federal government has different things.

[00:12:33] And those are enumerated literally in the Constitution.

[00:12:36] But the federal government has broken through those boundaries and has gobbled up all sorts of other powers over the course of the last two centuries.

[00:12:45] And, oh, and I just saw this along those lines before I get to this Atlantic piece.

[00:12:53] Vivek Ramaswamy just tweeted out that federal agencies are starting to extend their collective bargaining agreements through the next administration.

[00:13:06] And that is unprecedented.

[00:13:10] He says it breaks from past practice where agencies usually negotiate two-year contracts.

[00:13:17] But in order to prevent Donald Trump and Elon Musk and Vivek Ramaswamy with their Doge committee and their efforts to cut the size of the federal government,

[00:13:31] you now have these bureaucrats that are negotiating long-term contracts that will last beyond Trump.

[00:13:42] That's their play.

[00:13:43] That's one of their plays.

[00:13:45] So, obviously trying to thwart the will of the incoming administration.

[00:13:54] Throwing sand in the gears to slow stuff down and prevent the leader of the executive branch from doing anything in the executive branch that the members working in the executive branch don't want him to do.

[00:14:12] How much you want to bet these people use the term democracy in a non-ironic way?

[00:14:17] So, the Atlantic, talking about the resistance, they say it's not futile, although it might seem that way at the moment.

[00:14:29] No major protests are set to descend on the National Mall.

[00:14:33] I would say yet.

[00:14:34] That's right.

[00:14:36] Legal challenges to Donald Trump's policies are likely doomed, given how far rightward the judiciary shifted during his previous administration.

[00:14:45] With Trump's unified control of the Republican Party, which now has unified control of Washington, congressional oversight is defunct.

[00:14:54] That leaves, just keep in mind also, congressional oversight may be defunct, but it is only so for at least till the next midterm election in two years.

[00:15:07] Because at that point, the historical trend is that the party that holds the White House loses seats in the House and the Senate.

[00:15:16] And the Republicans have a very difficult map for the Senate races.

[00:15:21] They have to defend way more seats this time around than the Democrats do.

[00:15:26] And a lot of those seats that they are defending are in swing states, North Carolina being one of them, Tom Tillis up for reelection.

[00:15:35] And so what happens is as you get closer to the midterms, a lot of these Republicans go wobbly if they think that a particular policy or measure might harm their reelection chances.

[00:15:46] And this is why I have said I would be very surprised if Donald Trump is able to get very much done because the clock is running and he's only probably going to have about a year to a year and a half to make those changes because he walks in as a lame duck president.

[00:16:04] He cannot run for reelection.

[00:16:06] And so the things that people want to get from him in exchange for their votes on certain policies, it's not going to have the same kind – he doesn't have the same juice that he would have if he were in his first term and people were looking at a prospect of another term and another four years after his current term.

[00:16:32] So that's – and this is a challenge for any second term president.

[00:16:35] He's going to face that too.

[00:16:37] So this leaves, though, according to The Atlantic, a lone bastion of countervailing power, one force capable of meaningfully slowing down the maximalist ambitions of the incoming administration.

[00:16:51] And that is blue states, especially the 15 state governments where Democrats control the executive and legislative branches and therefore have more latitude to launch aggressive countermeasures.

[00:17:06] All right, hey, real quick.

[00:17:07] If you would like to get your product or service in front of about 10,000 people multiple times a day, send me an email at Pete at the Pete Calendar Show dot com and ask me about advertising.

[00:17:18] It's super affordable.

[00:17:20] It's baked into this podcast forever.

[00:17:22] And podcasts have a higher conversion rate than other social media platforms, making it the best bang for your buck.

[00:17:27] Send me a message, Pete at the Pete Calendar Show dot com, and I can show you how it works, run the numbers with you.

[00:17:33] Again, that's Pete at the Pete Calendar Show dot com.

[00:17:37] When Donald Trump was first elected 2016, do you remember what people in California were saying?

[00:17:43] I know I don't listen to them really either, but I remember seeing some stories about how there were people in California that now wanted to secede.

[00:17:50] Remember that?

[00:17:51] They wanted to get out of America.

[00:17:53] And people like me, I'm a fan of federalism.

[00:17:57] I would point out like, look, I totally get it.

[00:18:00] But that's a reason why you should want an executive branch that has limited power.

[00:18:07] As is laid out in our Constitution with the federalist model.

[00:18:14] You don't have a president that can, you know, harm you as you are so worried about.

[00:18:21] And so if you are willing to not tell everybody else how to live, then they won't tell you how to live.

[00:18:28] That's kind of the idea.

[00:18:30] All the states can, you know, people can live how they want to live in those states and people can govern themselves differently.

[00:18:36] But you have to be willing to not tell everybody.

[00:18:40] And that's where it fell apart.

[00:18:41] They were like, oh, I want to tell everybody.

[00:18:43] OK, well, then here we are.

[00:18:47] So now, once again, you've got lefties who are curious about federalism.

[00:18:53] What is this federalism?

[00:18:54] Over at the Atlantic.

[00:18:57] They talk about federalism as a as a new, quote unquote, it's not new, but a new anti-Trump strategy.

[00:19:04] Now, skipping ahead to the very end of the piece, and it is a very lengthy piece.

[00:19:10] I read the whole thing so you didn't have to.

[00:19:13] You're welcome.

[00:19:14] The greatest barrier to the strategy might be the party implementing it, namely Democrats.

[00:19:23] Why?

[00:19:24] Why is that, Pete?

[00:19:26] Glad you asked.

[00:19:28] Pouring new thinking into state government requires Democrats to break from character.

[00:19:34] Their states and cities are, in far too many screaming examples, shoddily managed.

[00:19:43] A fact reflected in the party's diminishing margin of victory in most metropolis.

[00:19:50] Sorry, metropolises.

[00:19:53] Metropoli.

[00:19:55] Metropoli.

[00:19:58] Anyway, cities.

[00:20:00] Yeah, that's the problem.

[00:20:02] Is that you guys have been in control in blue cities, in blue states, completely dominant for decade upon decade upon decade upon decade.

[00:20:13] And you kind of suck at governing.

[00:20:17] And so you would have to break from that character.

[00:20:22] Creative, competent governance of states is a political necessity for the Democrat Party.

[00:20:30] An escape route from the lingering sense that democratic rule devolves into dysfunction.

[00:20:37] Well, there's a reason why people have that sense.

[00:20:42] Because it's true.

[00:20:44] Right?

[00:20:45] It's because it's true.

[00:20:48] It's also an opportunity to hash out a fresh agenda of reform.

[00:20:53] To erect a series of attractive demonstration projects on behalf of a robust liberalism that tangibly delivers for its citizenry.

[00:21:03] The most effective form of resistance in the end is actually proving that Democrats govern better.

[00:21:11] And that might be why it's destined to fail.

[00:21:14] Now, back at the beginning of the piece, Franklin Foer writes that as they pondered the latent power of state government,

[00:21:24] talking about Democrats after the election,

[00:21:27] the outlines of a new progressive vision of federalism began to emerge pugilistic and creative, audacious and idealistic.

[00:21:39] In another era, this vision might have felt paltry, especially to liberals, many of whom tend to dream of centralization and train their intellectual capital on Washington, D.C.

[00:21:52] Given the dire circumstances in which Democrats now find themselves, however, there's no true alternative.

[00:21:58] And liberals might soon discover that federalism, once the hobby horse of conservatives,

[00:22:04] contains not only the hope of stubborn resistance, but the possibility of regeneration.

[00:22:12] Okay.

[00:22:13] All right.

[00:22:13] You may have detected a little bit of sarcasm.

[00:22:18] Dare I even say mockery in my tone?

[00:22:21] Okay.

[00:22:21] Guilty as charged.

[00:22:23] That is true.

[00:22:23] Because I don't think these leopards can change their spots.

[00:22:27] Okay.

[00:22:28] I don't think Democrats are going to be able to shift their tactics and their focus and their entire ideology away from centralization.

[00:22:40] I think it is really what animates them.

[00:22:44] They very much want to make rules for everybody.

[00:22:48] And they don't like the idea.

[00:22:51] And by the way, like you're seeing this play out with the abortion fight.

[00:22:55] Go make your case in all of the states.

[00:22:58] Make your case.

[00:23:00] You want to be able to abort babies, you know, half in and half out of the uterus?

[00:23:05] You go take it to the voters.

[00:23:07] You want late term abortions?

[00:23:10] Take it to the voters.

[00:23:11] And let the individual states decide how they want to handle that topic.

[00:23:16] That's federalism.

[00:23:18] And look at what they did when the Dobbs decision came down.

[00:23:24] I've been saying the same thing on the abortion topic for 25 years.

[00:23:30] This is a federalism issue.

[00:23:33] States should be making these decisions.

[00:23:36] Not the federal government.

[00:23:38] The federal government did not settle the matter.

[00:23:42] So, I don't think that they are just intrinsically equipped to think in terms of subsidiarity.

[00:23:51] I don't think that they are able to do it.

[00:23:53] I think that they are just predisposed to centralized thought and government.

[00:23:58] And I think a lot of it has to do with this desire to tell other people how to live.

[00:24:05] Federalism is a theory of self-government.

[00:24:07] It is the underpinning of a system that allows states to express distinct political preferences.

[00:24:14] And there's the rub.

[00:24:15] There's the problem.

[00:24:17] We now have a name of the person of interest, a.k.a. the suspect, of the murder of the UnitedHealthcare CEO.

[00:24:28] 26-year-old Luigi Mangione.

[00:24:36] He is described as a tech whiz from Towson, Maryland.

[00:24:43] He's not been charged.

[00:24:45] But the New York Post reports he was taken into custody Monday morning at a McDonald's in Altoona, Pennsylvania.

[00:24:52] The former prep school valedictorian was caught with a gun, a silencer, four fake IDs with names used during the killing,

[00:25:01] the killer's stint in New York City, and a manifesto in which he railed against the U.S. healthcare industry,

[00:25:09] its enormous profits, and alleged shady motives.

[00:25:15] Mangione had a particularly personal reason to hate the medical community,

[00:25:20] its treatment of an ailing relative, according to sources.

[00:25:26] Online obituaries show he lost a grandmother in 2013, a grandfather in 2017.

[00:25:31] His LinkedIn page indicates he once worked in an assisted living facility for the elderly for a couple of months back in 2014,

[00:25:38] while he was still in high school.

[00:25:45] Mangione, also, I just feel like I have to say it like that.

[00:25:47] Luigi Mangione, also subscribed to anti-capitalist and climate change causes,

[00:25:55] according to law enforcement sources, citing online activity gleaned by authorities.

[00:26:02] On the Goodreads website, Mangione's account shows quotes that he particularly likes,

[00:26:08] ranging from Socrates to Bruce Lee to the Unabomber.

[00:26:17] And let's see, then they got some maps going here.

[00:26:23] And, yeah, okay, I'm not going to read those quotes.

[00:26:28] Mangione was valedictorian of his 2016 high school graduating class at Gilman School in Baltimore,

[00:26:34] where he played soccer.

[00:26:37] Mm-hmm.

[00:26:38] It's all coming together.

[00:26:39] High school tuition at the All Boys School is nearly 40 grand a year.

[00:26:43] He said at the time of graduation he planned to seek a degree in artificial intelligence

[00:26:47] focused on the areas of computer science and cognitive science at the University of Pennsylvania,

[00:26:52] according to an interview with the Baltimore Fish Bowl.

[00:26:56] I don't know what that is.

[00:26:57] Now, I do find there is a Twitter account, Luigi Mangione,

[00:27:03] but this says Honolulu, Hawaii.

[00:27:08] But MSE and BSE in computer science at Penn.

[00:27:15] And it says,

[00:27:16] Seven years ago I gave my senior speech on this topic.

[00:27:19] Today I'll be talking to you about the future,

[00:27:22] about topics ranging from conscious artificial intelligence to human immortality.

[00:27:29] So this might be his Twitter account.

[00:27:31] He's got some Jonathan Haidt stuff on there.

[00:27:39] There's a lot of people who are not going to be talking about.

[00:27:39] Food Inc. 2.

[00:27:41] Some documentary.

[00:27:42] The Revolution continues.

[00:27:48] Nature abhors a vacuum.

[00:27:50] Yeah, all right.

[00:27:51] So this is the guy that they have apparently taken into custody.

[00:28:02] Pep, or sorry, no.

[00:28:04] Luigi.

[00:28:04] His name on his Twitter account is Pep Mangione.

[00:28:06] So Luigi Mangione.

[00:28:12] Not aware of whether or not this could be a case of mistaken identity.

[00:28:18] Maybe it was his brother Mario.

[00:28:19] We don't know that.

[00:28:22] Are they brothers or cousins?

[00:28:25] The two plumbers.

[00:28:27] Were they brothers?

[00:28:29] Brothers?

[00:28:30] You think so?

[00:28:30] Yeah, I thought so.

[00:28:31] Okay.

[00:28:32] That's what I'm going with.

[00:28:33] Anyway, back to the Atlantic article about federalism.

[00:28:39] States where Democrats have unified control of government contribute 43% of the national GDP.

[00:28:46] Red states that are fully under Republican rule account for 37%.

[00:28:50] And so then the rest is split between states that have, you know, like North Carolina, a Democrat governor and Republican legislature.

[00:29:05] Economic power is the basis for political power, which is what the example of California suggests.

[00:29:10] The state's strict emission standards for cars eventually became the national benchmark, a phenomenon political science scientists have branded the California effect.

[00:29:21] So they're saying utilize economic power of states like California and New York, unified Democrat control in order to force red states to go along with whatever the blue states want.

[00:29:36] See, again, this is why I don't think a federalism type of approach is going to work for Democrats.

[00:29:43] It's because it is so against their nature.

[00:29:46] Even this example in the Atlantic where the guy is like, hey, let's use federalism.

[00:29:51] It relies on strong arming other people into doing what you want them to do.

[00:29:56] And that's not a federalist model.

[00:29:58] All right.

[00:29:59] That'll do it for this episode.

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