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December 5, 2024 • 34 mins
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Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Colorado is showing their values as far as what they
want to regulate. They want to put in regulations for
housing and make the environments all safe. But yet when
it comes to saving babies, they don't want to regulate anything.
It's full term abortion. And as far as keeping the

(00:21):
chickens free at being cage free, Colorado is going bass ackwards.

Speaker 2 (00:29):
Colorado is back asswords. I want to go back to
the garage doors. I think this might be and many
of you may disagree with me on this, but just
as a lawyer, I want to tell you what my
perspective is. So there are two text messages fifty five
seventy five Michael with respect to garage doors and Bill
Maher having to get an inspection done. It probably has

(00:52):
something to do with the door sensors and the door
closing downward pressure and ninety three twenty eight rites Michael.
I know it's bs, but what their logic is is
the sensor for the door opener so that it doesn't
close on a baby or a dog or a cat
or something. I think it's crap, but having an inspection

(01:13):
is why it is what it is. Let's think about
that for a moment. If you're a garage door manufacturer. Now,
I don't know when or how garage door sensors came about.
It could have been a regulation. It could have been

(01:36):
that some bureaucrat somewhere decided that, oh, you know what,
we ought to make certain that when these garage doors
are closing, that if there is an obstruction of some sort,
that the garage door will stop and reverse so as
not to cause damage or physical harm to someone. I mean,
that could be one scenario. Another scenario could be this

(02:00):
garage doors had been around for you know, decades and decades,
and there could have been an instance where a garage
door company UH didn't have a you know, maybe they
didn't even have censors at the time, and the garage
door was coming down and it did it injured a

(02:20):
child and an adult, a baby, a dog, a cat,
or it damaged a vehicle. Let's just take that it
damaged a vehicle, and so some enterprising lawyer UH got
that person as a client and they made a demand

(02:40):
on the garage door company to cover the cost of
the repair to the car. Let's say it came down
on a car, or that it came down on somebody's foot,
let's don't go dramatic and say, you know, it killed
a baby or something. Let's make it simple. And so
the garage door company, you know, maybe it maybe it

(03:00):
fighted a little bit, uh, and maybe they even won.
But the company, the engineers and the designers went back
and said, oh, you know what, this might be a
really good marketing idea that we ought to develop some

(03:21):
sort of sensor that would prevent this from happening in
the future. So innovation came about, and they innovated, and
they came up with this idea. Or set aside that
there was any sort of product liability causation that resulted
in the creation of the sensor. It's just that somebody

(03:45):
that you know, owned a garage door company, a manufacturer,
was like, you know, how can we how can we
charge more for our garage doors, or what can we
do to make our garage door better than somebody else's
garage door. And so they they told their design team, Hey,
come up with something. Let's make these garage doors better.

(04:07):
And so somebody came up with the idea, Oh, let's
put centers in and let's put the sensors in so
that if there's an obstruction of some sort that the
garage door will go back up, or if there's some
sort of pressure put on the door, that the door
will automatically reversed and it will come up, so the
garage door wouldn't miss. It could have been the garage

(04:29):
door manufacturers, but it could have been the garage door
opener manufacturers. So innovating and design to come up with
a better mouse trap, came up with the idea that
you put sensors on so that the garage doors stop
and go back up if they meet resistance of some sort.

(04:51):
It could have been product It could have been a
product liability case where you know, one garage door, you know,
Chamberlain got sued by somebody, and so Chamberlain, you know,
after they paid out, you know, some judgment went back
and told the design team, Hey, we know we don't
want this to happen again. Let's figure out a way

(05:12):
to keep it from happening again.

Speaker 3 (05:13):
It just ruined tons of funds for an entire generation
of children trying to pretend to be Indiana Jones and
roll underneath the garage door before it closes.

Speaker 2 (05:21):
No, I didn't, but some design team did.

Speaker 3 (05:24):
I love doing that. It's a kit. That was a
game that me and my friends would play. It's like,
all right, see how low we can go before you know,
we get hit here because we got to hit the
button in the garage and run out as quickly asy.

Speaker 2 (05:36):
So I had a guy that was installing a water
heater and I was leaving and I said, I'll give
you the garage door code. And he said to me.
This guy came from Ukraine or you know, Check Republic
or somewhere, and he and I had been having a

(05:57):
conversation and I the whole conversation was about, you know,
why did you come to this country and what did
you do in your old country and blah blah blah blah.
And he talked about how he was in the military
and he was a he was like a you know,
fairly high ranking individual and he was a commander that
had trained some troops. So at the end of all

(06:21):
the conversations, I said, well, I've got an appointment I've
got to go to. Let me give you my garage
code number. And he told me specifically no, because I
don't like to have people's garage codes smart. And I said, well,
then how are you going to get out? He goes.
I know how to dive through based on my military training.

(06:43):
I know how to dive through and get out without
tripping the censer. And I'll get out of your garage
without tripping it. And I don't need your code.

Speaker 3 (06:51):
I suppose the game just evolves rather than Indiana Jones,
will you roll underneath the door. It's like a bank heist,
so you have to step over the laser but under
the other day as the game just evolves, right.

Speaker 2 (07:04):
And I thought to myself, okay, whatever. I fully expected
to come home and find the garage door still open
right with a dent in it, because this guy was
like I mean he was he was probably you know,
six ' to two and was a solid two hundred
and fifty pounds, but it was all muscle. I mean,
you could tell he was a former military guy. And
I thought, there's no way in hell you're gonna be

(07:25):
able to do this. But I thought, okay, well, if
that's what you went, that's what you want. And you know,
I I've got cameras, so I knew if somebody who's
coming in the house or not, I should have gone back,
and I never thought about it. I should have gotten
the video and watched him getting out of that garage.

Speaker 3 (07:40):
It was a fun game back in the day where
we had the wood garage door out. Yeah, oh yeah,
flimsy metalist his day. You hit it and it doesn't hurt.

Speaker 2 (07:48):
But somehow the guy got out of the garage. Yeah,
and I came home and the garage door was closed.
Don't you know, No problem at all. But that's how
we innovate. We don't need regulation. Oh but Michael, there
might be somebody that gets hurt. Yeah, I could get
hurt bending over plugging in one of my cables here

(08:11):
when I come in in the morning. Oh, somebody please
think of the children, if you please, please, You see,
we we don't want to take any risk about anything.
Oh my gosh, if it'll just save one life, if
it'll just save one child from being hurt. Did you
hear Michael Brown today He said he didn't care if

(08:32):
a child got hurt by a closing garage door. He's
opposed to garage door sensors. No, I love garage door sensors.

Speaker 3 (08:40):
I think this also goes back to a little bit
what we're talking about the other day, that pain is
a magnificent teacher.

Speaker 2 (08:48):
In fact, what I what I both love and hate
about the garage door sensors is for because our garage
is pretty crowded. I me know, we got we got
the drink refrigerator out there, we got a freezer out there.
I've got a giant, big ass cabinet, the storage cabinet,
and then we got three cars. You know, we got
the trash bins. I mean, so our garage is fairly crowded.

(09:10):
So I need to know precisely where I can, how
far I can pull up. And I certainly don't want
to eat well on either on any of the cars.
I don't want the garage door coming down and hitting
like the bumper before it hits the resistance and goes
back up so I know exactly where to park. I

(09:31):
don't want the door to hit the car. I don't
want the door to hit one of the dogs. I
don't want any of that. But you know what we
I'm willing to live in a society. In fact, let
me rephrase that, I live in a society where every
single day, from in particular my age, where I get

(09:52):
out of bed, I start taking risks of the minute
I sit up and get out of bed, and then
I get in a car and I drive, you know,
I go with the flow of traffic, and everybody's at
Everybody at five am is driving ninety miles an hour
on four seventy and twenty five on the four to
seventy to twenty five. And then I, oh, I drink

(10:17):
this diet coke, which is just chemicals. I come into
this studio with this nasty, hermetically sealed studio that God
knows who's been breathing in here or not they've been
breathing or farting or doing whatever. I take risk every
single day, and so do you. But so many people

(10:40):
want to live in a risk free society. They want
to live in a risk free world. Well, let me
tell you what. Your body is a carbon based entity
that is always subject to injury, disease, everything else. You
cannot live list risk free. You can't. You can't live.
I mean, just modern society a caveman they had to

(11:04):
deal with. You know, all the mountain lions are going
to attack us in Colorado. We have to worry about
the coyotes and the walls Attackingess. We create, we create
the risk. We're so damn stupid. So the whole thing
about the garage door sensors and the downward pressure. You

(11:24):
didn't need a regulation. Now it may have meant that
somebody's car got damaged, or it could have been that
somebody was thinking about, hey, how can we charge more
for our garage doors. Let's come up with some innovation.
Let's come up with some more convenience. Let's come up with,
you know, a marketing aspect that would allow us to

(11:45):
sell more garage openers because we have sensors and our
competitors do not, and then everybody's got sensors. You don't
have to mandate everything, but I think there are too
many people that think we have to mandate everything that
we do in our lives. The body of laws and regulations.

(12:10):
It goes back to, you know, everybody commits. I forget
the name. I never can remember the name. Damn book.
It's been so long since I read it, But everybody
commits at least two felonies a day or something. It's
still in print, you can still get it and read it.
In nineteen fifty, the Code of Federal Regulations was nine

(12:32):
seven hundred and forty five pages. Now to me, that
seems like a lot. Even in nineteen fifty you think
about the fifties, the nineteen fifties. I know I don't
remember them either, but you know everybody thinks about the
nineteen fifties. You know, Al was god mother and apple
Pie and every life was so simple, and you know,
everything was wonderful. Well, you still had almost ten thousand

(12:54):
pages of regulations. By last year that had swollen to
more than two hundred thousand pages of regulations. And what
did that do? Well, no, let me rephrase that. It's

(13:16):
not what it did. What is that a reflection of
It is a reflection of the administrative state that now
rules our lives and makes everything controlled by government in
one way or another. And I'm afraid that many of you, yeah,
I'm looking at you, many of you are comfortable with that.

(13:40):
You actually like it. In fact, I bet there are
some of you who have said, well, there ought to
be a law or you know what, I can't believe
we don't regulate that. You know, people shouldn't be allowed
to do this, people shouldn't be allowed to do that.
For every one page of statutory law passed by Congress,

(14:06):
the agencies have added more than twenty pages of additional
rules and regulations. That is how big the administrative state is.
Now you look at recent data, the trend has only accelerated.
There has been an exponential increase in regulatory expansion over

(14:28):
just the last couple of decades. It's not just a
matter of red tape. Don't get me wrong. I'm not complaining. Well,
I am complaining about red tape. But I'm not only
complaining about red tape. We live right in the middle
of it, which is why I think many people don't
recognize it. We live in the middle of a crisis

(14:51):
of democratic governance and a complete and total lack of accountability.
You know, we how many times you hear that we're
a nation of laws? That phrase and we're a nation
of laws. What do you think when I say we're
a nation of laws? What do you think? Well, people

(15:14):
think you know, justice, accountability, order, you know, the rule
of law that we've come together under this constitution to
self govern ourselves. Well, the statutory the laws that are

(15:34):
passed by Congress or by a state legislature or by
a city council. Those are elected representatives, and they're supposed
to embody the will of the people. They're supposed to
reflect debates, compromises, a democratic process that is fundamental to

(15:55):
a republican, to a republican constitutional to to a constitutional republic.
But the problem is that a statutory a statute. Remember
I told you go look at two things. Go look
at the United States Code, those are the statutes, and

(16:17):
then look at the Code of Federal Regulations, two entirely
different things. Because the statutory law is just one piece. Now,
in my opinion, it should be the primary piece, but
it's not. How can you tell me that if for

(16:37):
every one page of law we get twenty pages of regulations,
then you tell me what has more impact on our
daily lives that one page of law or the twenty
pages of regulations that follow the law. Now, I want
you to think about this. Who creates for for the

(17:00):
one page of statutory law passed by a legislative body,
whether it be a congress, a legislature, or a council,
who creates those twenty pages of regulation? That's the administrator state.
And the reality is that the majority of what impacts
our day to day lives is not statutory law enacted

(17:24):
by our elected representatives, but it's the administrative rules drafted
by largely unaccountable federal agencies. Michael, what's the heaviest moving
object in your house? No, it's not your mother in law,
it's your garage door. How do we get off on

(17:52):
the garage door? Bill Maher or Bill Maher? Yeah, Bill Maher,
because Goober number six zero eight, you're wrong. Bill Maher's
complaint wasn't about an inspection. It was about three inspections
to replace the garage door. The structure was already there.
That is insanity. No, listen to it again, listen closely.

Speaker 4 (18:19):
I really don't believe that the state we live in,
California is lacking regulation. Is over three hundred thousand regulations.

Speaker 2 (18:27):
I mean, well, maybe they're needed, they're not.

Speaker 4 (18:31):
When I tried to put in a garage door, I
had to have three inspections and there should have been none.

Speaker 2 (18:38):
There should have been none. So his objection was to really,
I have to have an inspection to put in a
garage door. Yeah, three is absurd, but I shouldn't have
had any inspections. Now, some of you are coming back
at me about, well, children have died because of garage
door openings. So I go to doctor Google to find

(19:00):
out and there there are lots of different statistics. But
I came across from NIH the National Library of Medicine.
Automatic Garage door Openers Hazard for Children. This is dated
October nineteen ninety six. Here's the objective. According to the abstract,

(19:25):
despite significant advances in automatic garage door opener design, automatic
garage door openers continue to severely injure or kill children.
Huh So, despite advances in automatic garage door opener design,
this is nineteen ninety six, automatic garage door openers continue

(19:46):
to injure or kill children. So they talk about here's
the purpose of the of their study. Here are the results.
In the United States, at least eighty five children have
had permanent brain injury or have died since nineteen seventy four.
So from nineteen seventy four to nineteen ninety six, eighty

(20:10):
five children had permanent brain injury or died as a
result of accidents involving automatic door openers. A review of
circumstances of the accidents illustrates that accidents are caused both
by use of the openers by children and by fault
in design. So think about that. One is, oh, it's

(20:34):
children playing with the openers, so somehow they screw it up,
or it's a product liability issue a design fault. Most
accidents have occurred when children have found access to the
activation devices and have been entrapped under closing doors that
failed to reverse. However, in one case, an adult activated

(20:57):
the opener and left the premises before the door completely closed.
Our evaluation of fifty different garage door openers showed that
although eighty eight percent reversed when encountering a block of wood,
forty percent failed to reverse when coming down a supine
child sized cardopulmonary resuscitation mannequin. So forty percent failed to

(21:23):
do it. So their conclusion, automatic garage door openers pose
a serious risk of severe injury or death to children.
It is probable that many doors would not reverse if
they came down on a young child. Therefore, we have
devised away for homeowners to test their doors that closely
mimic our evaluations using the mannequin by using a large

(21:45):
roll of paper towels. If the door fails to reverse
using this test, we suggest the homeowner disconnect their openers
and operate the doors manually until the openers are serviced
or replaced their automatic openers with one that meets the
latest UL standards. I'm not advocating. Look, I'm not advocating

(22:08):
that children get harmed, but think about Okay, so Bill
Maher gets three inspections to replace a garage door because
we had eighty five children harmed or killed between nineteen
seventy four and nineteen ninety six. Now, I don't know
if this is the origin. I don't know how. I

(22:31):
just don't recall or care or care for that matter,
how long automatic garage door openers and the censors have
been in place. It's just an example of how overregulated
we are.

Speaker 3 (22:44):
Might we also want to point out that there were
roughly seventy million kids in that timeframe.

Speaker 2 (22:55):
So if you said eighty eighty five, So.

Speaker 3 (23:02):
I'm no mathema scientist or anything, but eighty five out
of you're such.

Speaker 2 (23:08):
A cold heart. The new you're such a cold hearted bastards.

Speaker 3 (23:14):
Just throwing out some numbers there. I can't I can't
even imagine right now thinking about it, how many zeros
are after the decimal point in that statistic.

Speaker 2 (23:25):
In that calculation. The point is this is just one
example of again, I don't want any child to be harmed.
So we're going to impose on Bill Maher someone that

(23:46):
you know I'm kind of indifferent to Bill Maher. I've
got respect for Bill Maher because he apologized to me
personally on air for things he had said about me.
So I've got I'm maybe biased. But here's a guy
that I ninety nine point ninety ninety nine percent of
the time disagree with this politics, and he's complaining about

(24:07):
three garage door inspections when there should have been none.
And again, while I don't want anybody to be harmed,
you know, we have in place a mechanism by which
people can result when there is injury or death, there

(24:30):
is a legal remedy to compensate you for that injury
or that death. Now I know it doesn't you know,
you lose a child, there's no amount of money that's
going to compensate for that. But how many of you
are thinking right now that, well, if it would save
even one life, instead of three inspections, we should have

(24:51):
had six inspections. See, I think many people This goes
back to my concept, my theory that most Americans, in fact,
I think me even many people in this audience. I
think some goobers themselves want to live in a risk
free society. And if I presented you with a stat

(25:13):
like this that said that in that way, how many
years is that that? That's twenty twenty. In a twenty
two year period from nineteen seventy four to nineteen ninety six,
eighty five children were either injured or killed by a
garage door opener. You would say, oh, my god, we
need to have a regulation. Out of seven would you say,
seventy million kids at that time during that time.

Speaker 3 (25:35):
Period, yeah, roughly that so.

Speaker 2 (25:36):
Roughly seventy million at a seventy million kids, eighty five
were hard And so now you want a regulation that
encompasses the entire country, encompasses every garage door in the country,
because eighty five kids were hurt. Well, if eighty five
kids were hurt, what if five kids were hurt because

(25:58):
of something whatever that may be, whatever your imagination can
come up with. If five children were hurt, you would
probably want a regulation. And that's how we got to
the point where we are today. Because we are now

(26:19):
at the point where we're not governed by Congress, We're
not governed by the people that we elect. We're governed
by regulators. We're governed by unelected bureaucrats that have produced
hundreds of thousands of pages of rules and regulations that

(26:39):
stifle innovation, that increase the cost of living, that regulate
your life, that make you I was going to say,
make choices, but they actually take away your choice and
they say, for example, electric heat. Somebody sent me a
text message about to do again. I forget where. Let

(27:02):
me pull up my text messages. What was this in?
Was this in Summit County? Also? Yeah, so Summit County.
Gooble number forty three sixty six.

Speaker 4 (27:14):
Mike.

Speaker 2 (27:14):
I worked for a plumbing mechanical contractor that works in
Summit County. Recently, we had a project severely delayed when
the plans were not approved because the plans used natural
gas for heating and was not all electric. When it
was finally approved with all electric, he was delayed again
because the electrical infrastructure did not exist. Now think about

(27:35):
that insanity alone. We require all electric. Okay, Well, you're
the municipality and you regulate the utilities, and yet there's
no infrastructure to provide for an all electric home. But
that's what you require. It's insane, he continues. When it

(27:56):
was finally approved with all electric, he was delayed again
because because the electrical infrastructure did not exist. When it
finally got off the ground, it was more than two
times the original cost using the least efficient, most costly
method to heat the units, making housing so much more
unaffordable in Summit County. Oh but Michael, going all electric,

(28:20):
Why we're not going to burn natural gas? That's gonna say.
That means that our CO two emissions will go down
and we'll save we'll save the country. Really, because this
country resides on a planet where they're polluting. God, I
want to use the S word here. They're polluting like

(28:42):
S word all over the world. But we're the dummies.
We're the dummies, and we pay out the wazoo for it,
and by golly, we'll be happy about it. All these
do as rules written by these bureaucrats have become, in

(29:05):
fact the de facto law of the land. So, under
the guise of interpreting Congress's intent, they write regulations that
expand their authority, expand their control over all these aspects
of our life, often beyond anything that Congress could have
reasonably been envisioned. And Congress never goes back and checks
on the regulation. I shouldn't say never, rarely, if ever,

(29:27):
goes back and says no, no, no, that's not We'll
be man, don't do that. It becomes an unchecked delegation
of power to the administrative state. That and that is
what that is the most profound threat to our constitutional republic.
It is old Soviet style governance. Those agencies and those

(29:53):
bureaucrats are not elected, they're not held accountable, and yet
they yield and wield more power and more influence over
how we are governed than the people that we actually
walk into a voting booth and vote for. And they
don't know how to take a break on time.

Speaker 3 (30:10):
Michael, we never had any kind of automatic garage store
opener when I was a kid.

Speaker 2 (30:15):
I got my brain injury elsewhere listening to this program. Uh, Mike,
compare the twenty nine oh nine Compare the number of
kids hurt by garage doors to that hurt by vaccine,
and question where those regulations are. By the way, the

(30:38):
eighty five children injured by garage doors between nineteen seventy
four nineteen ninety six is zero point zero zero zero
one two percent. Then there was zero zero four two
that wrote Mike, which led me down a rabbit hole.
I am certain more than eighty five kids are hurt
daily on bicycles. Well huh. In the United States, more

(31:02):
than two hundred and twenty thousand children under the age
of nineteen are treated in emergency rooms every single year
for bicycle related injuries, which is about six hundred per day.
This makes bicycle injuries one of the most common causes
of injury for children. Where are the regulators, I hear

(31:24):
by call for the banning of bicycles for children under
the age of nineteen, So until you reach the age
of majority, until you get to be over eighteen years
of age, you cannot ride a bicycle or a tricycle
for that matter. Nope, because it'll save six hundred injuries
per day. You get my point. I bet there are

(31:50):
people who who if they understood, if the cabal decided
that they wanted to focus on, and particularly if they
got video the child mangled from a bicycle accident, they
would splatter it no pun intended. They would splatter it
all over the news, and pretty soon there would be

(32:10):
a cry. In fact, a congressman would introduce a bill
to ban bicycles, and many people would applaud that because
we have been so beaten down by the ef an
administrating state that we do want to live in a
risk free society. Oh, you can't take you any realsks
and people like Michael Brown to say, we know, we

(32:32):
ought to get rid of ou it as many of
these regulations as possible. Just wants to hurt children. You
just want to hurt kids. You hate kids today. I
hate everything today, I hate it all. The problem with
this bureaucratic overreach has been protected by We've talked about

(32:57):
this before the Chevron Doctrine Chevron deference in nineteen eighty four.
The Supreme Court decision in Chevron versus Natural Resource Defense
Council established this framework where the courts would defer to
federal agency's interpretations of ambiguous statutes as long as the

(33:18):
interpretations were deemed reasonable. You know, whatever the hell reasonable means?
What did that mean? What does that mean? That meant
that when Congress's language was vague, the courts would always
side with the regulatory agencies rather than trying to interpret
the statute themselves independently, which is what their job is.

(33:40):
So as a result, the executive branch got this incredible
power to create, define, and enforce regulations, creating new laws
without any direct legislative approval. That's Chevron in a nutshell,
and that's how we've ended up where we are today.
And that stifles innovation. H that's that probably you know,

(34:02):
that's that probably creates as many injuries as it does
stops injury. I hadn't planned to do this, but let's
take this one step further. So, if Chevron was the cause,

(34:23):
and we want to live in a risk free and
we've been brainwashed into living wanted to live in a
risk free society, what's going to happen now that the
Locer decision overturns Chevron
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Amy Robach & T.J. Holmes present: Aubrey O’Day, Covering the Diddy Trial

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Introducing… Aubrey O’Day Diddy’s former protege, television personality, platinum selling music artist, Danity Kane alum Aubrey O’Day joins veteran journalists Amy Robach and TJ Holmes to provide a unique perspective on the trial that has captivated the attention of the nation. Join them throughout the trial as they discuss, debate, and dissect every detail, every aspect of the proceedings. Aubrey will offer her opinions and expertise, as only she is qualified to do given her first-hand knowledge. From her days on Making the Band, as she emerged as the breakout star, the truth of the situation would be the opposite of the glitz and glamour. Listen throughout every minute of the trial, for this exclusive coverage. Amy Robach and TJ Holmes present Aubrey O’Day, Covering the Diddy Trial, an iHeartRadio podcast.

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