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January 26, 2024 20 mins

(I meant to say E. Jean Carrol instead of Fanni Willis) Join us in this episode as we examine the intricacies of legal trials through the lens of a the recent lawsuit involving Fannie Willis and former President Trump. We clarify the tactics employed in court trials and puncture the veil of common misconceptions about free speech, highlighting how the right doesn't necessarily protect against consequences of harmful or false statements.

We go deeper into Supreme Court rulings' influence on constitutional interpretation, given with the example of Miranda rights, and examine public personas like Trump, who airs an aura of superiority all the while playing the victim—a recurring pattern of his rhetoric.

In our discussion of potential presidential candidates, we spotlight Nikki Haley, known for her conservative ideals and ability to attract middle-ground voters. We address challenges she faces, specifically the controversy around her real name, emphasizing its irrelevance to her leadership abilities.

As we contemplate the uncertainties of the political landscape, mainly Trump's unpredictable eligibility, we advocate for Haley's essential presence on the ballot. With her balanced approach, she stands as a strong Republican candidate, thereby highlighting the imperative focus on policy, experience, and ideas when choosing a viable presidential candidate.

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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:00):
Hello, my friends. I wanted to give you a quick update on some of the things
going on in the world today.
I think you've all seen the lawsuit results with Fannie Willis,
the punitive portion of this trial, $83 million.
Now, his attorney came out and said she wasn't allowed to present evidence or

(00:23):
present witnesses. And what she's trying to make you think is that this was
the guilt portion of the trial.
And it wasn't that had already been decided.
This was the punitive portion.
The only thing that was meant to be decided in this portion of the trial was

(00:45):
how much money President Trump would be liable for.
$83 million, another lawsuit that he has lost.
Now, of course, he's going to challenge this ruling, and who knows how much
money it will be reduced to.
Often the challenges do reduce the amount.

(01:06):
But let's be clear, this was not about guilt or innocence. That had long been decided.
So anybody trying to make you feel that way, Trump included,
his attorneys included.
It's just not the way it works. And they are counting on the fact that you don't know how it works.

(01:28):
So kind of helping you out here if you didn't know.
Now, the other thing that you may be hearing and you may be exclaiming is, what about free speech?
Didn't he have the free speech to say anything that he wants?
The Constitution gives us free speech.
This is a place, another place, where people misunderstand what free speech is and how it works.

(01:56):
I see people all the time saying, at work, I can say whatever I want,
and I'm protected because of free speech. It's not that way.
You can certainly say whatever you want, but free speech is not a freedom or
a protection from consequences of those speech or of that speech.

(02:20):
So you can get terminated from your job if you use the wrong kind of speech.
You can get arrested if you're in a crowded theater and you yell fire.
If your speech incites or invites violence, then you can be held accountable for that speech.
But here's one of the other things that people really miss with the Constitution.

(02:44):
I see it all the time. They yell constitutional rights. My constitutional right
to this is being impacted.
My constitutional right to this is being impacted.
What they don't understand is the Constitution is not just what's written in our founding document.
This is such a misconception. The Constitution is a combination of the written

(03:11):
Constitution and current Supreme Court rulings.
They go hand in hand. When the Supreme Court makes a ruling,
that now becomes part of what is constitutional.
That's why Roe v. Wade was held as constitutional for so many years,

(03:34):
because the Supreme Court had ruled in favor of Roe v. Wade.
The Constitution is not just what's written there. The Supreme Court has the
ability to interpret laws and interpret the Constitution.
Their decision now becomes part of the Constitution.

(03:55):
So when they say that you can't slander somebody, when you can't libel somebody,
you can't just say that's not in the Constitution.
And this is what really trips people up because they don't go out and read the cases.
They don't go out and understand.
I'll give you an example. Your Miranda rights. You know what Miranda rights

(04:19):
are. You have the right to remain silent.
Anything you say can and will be used against you.
Those are your constitutional Miranda rights, right?
Go find them in the Constitution.
Go find them.
They're not there. They were created by the Supreme Court.
They are now considered a constitutional right for you, a constitutional right

(04:45):
that we want, that we appreciate.
So the Constitution is not just limited to the words of the founding document.
Remember that this is important when we cry constitutional rights.
This is just something that that kind of bothers me. You know,

(05:06):
I love sports and the type of sports players that I like are the ones who don't pound their chest.
I like it when you let your game talk, because if you're really good,
we already know it, right?
I mean, we already know it. It's like Michael Jordan when he's asked if he was
the greatest of all time, if he's the GOAT.

(05:26):
He doesn't have to tell us if he's the GOAT or not.
He lets that decision be made by other people. And there are others who have said they are the goat.
And those are the people who bother me. I've always believed that if you have
to tell people what you are, then you may not have confidence in what you are.

(05:48):
You're trying to sell something.
You're trying to convince people. Maybe you don't even know.
And I was thinking about this with Trump. How many times does he have to pound his chest?
Listen to the man when he talks.
He's the smartest man in the world. When you talk about windmills,
he knows more about windmills than anybody else.

(06:11):
When you talk about oil, he knows more about oil than anybody else.
He knows more about immigration than anybody else.
He got the highest score on the competency test or the intelligence test.
When the doctors met with him, he was the most healthy president of all time.
When he talks about what kind of president he is, he's better than Washington or Lincoln.

(06:36):
When you have to do this,
I think something is up. I mean, I understand in campaigns you need to,
you know, express your qualification.
But he did it the whole time he's in the White House. I know more about coronavirus than anybody else.
Maybe it's just me. Drives me crazy.

(06:58):
If you truly believe in your abilities, then you should let your game talk.
Nobody else. And I'll kind of add to this.
There was a while back and I may have told you this story, but I used to play
basketball all the time, pick up basketball.

(07:18):
And and I was kind of in charge of it.
So the night of basketball, I would send out a text message to all the potential
players and I would try and round up enough people to come and play.
And every once in a while somebody would bring
somebody that I didn't know and I'm like okay no problem
so one time this guy shows up

(07:41):
I'd never seen him before and within about 30 seconds of play he's in a fight
with one of these players that I know very well and this player never gets in
a fight but this new guy's in a fight with him and then maybe five or ten minutes
later the new guy is in a fight with somebody else.
And I break it up and I'm like, this other person never gets in a fight.

(08:05):
And I'm telling within the first hour, this new guy had been in four or five
fights and I pull him aside and I'm like, dude, what's going on?
And he's like, this guy, that, and this guy, that.
And I said to him, you know, there comes a point when either,
either you're right. and all these people are completely wrong or you're the problem.

(08:31):
You're the one with the issue because these people never have issues.
And all of a sudden, you're the guy.
Now, I share that with you because this is Trump.
This is Trump. He wants you to believe that he is the greatest, most powerful,

(08:52):
strongest person in the world, but every single thing that goes against him, he's a victim.
He is the biggest victim on the planet.
Have you ever seen somebody so play the victim card so much?

(09:12):
And it's like the basketball game. This person's after him and this person's
after him and this person's after him.
And of course, he wants you to think it's all Joe Biden.
He he blamed Joe Biden today with Fannie Willis. That case started way before Biden.
So many of these things that happened happened way before Biden.

(09:33):
But it's like every five minutes, this person and this person and this person.
It's like Trump wants you to think that he is the greatest, the strongest,
the most intelligent, a force to be reckoned with.
But out of the same breath, this person's against me and this person's against

(09:56):
me and this person and that person.
And he's the biggest victim on the planet.
Which is it? You know, which is it?
And when you break down all of these people that are supposedly victimizing
him, it doesn't really add up.
But he wants you to think that because what happens is when he's somebody that

(10:19):
you really, really support,
Trump wants you to believe that you're victimized by extension,
that because he's a victim and you support him and he represents your cause,
that when he's a victim of a lawsuit from Fannie Willis, who claims that he
sexually assaulted her,

(10:41):
then you're somehow a victim of that, that somehow that extends to you.
Even though you had nothing to do with it.
But I mean, think about it. If he can convince you that everything that happens to him, he's a victim.
And by extension, you're a victim.

(11:01):
Wow, that's that's a great way to go.
All right. Let's talk Nikki Haley. I had a post.
Many of you know, I've been asked for the last five or six years,
you know, Jay, who would you choose if it wasn't Trump?
And those of you who know me, I've said Nikki Haley every single time.
And the reason I've said Nikki Haley is because in my mind, she's conservative

(11:25):
enough, but she attracts the middle.
And we saw that in New Hampshire.
That makes her a much more viable candidate to win than Joe Biden.
And I mean, then Donald Trump, it also makes her a much more viable candidate
to actually get things done in office because Trump is so divisive and such a bully.

(11:51):
He's not going to bring over congressmen and senators from the middle.
He's certainly not going to bring them over from the left.
So the only way and I've talked about this before, the only way Trump gets things
done beyond his own presidential limited power.
The only way he gets things done is if the Congress is controlled completely

(12:16):
by Republicans and the Senate is controlled completely by Republicans.
If that happens, then Trump can get things done.
But so could so could any Republican president in those circumstances.
Circumstances so the reality is a bully gets
you nothing but somebody who gets in

(12:36):
there who has the ability to
work with the middle has the ability to at least speak and not upset the far
left they have a better chance at being elected i mean just destroying joe biden
and they have a better chance at getting things done that's why i've chosen
nikki haley but i had somebody in my In my comments,

(12:59):
the others say, what is Nikki Haley's real name?
And of course, this is playing a very interesting card.
I asked them, what are they trying to suggest? They didn't get back to me.
And I'm like, are you suggesting because Trump kind of hinted maybe she is not

(13:21):
qualified to be president because maybe she's like Obama. She wasn't really born in this country.
And then other people are like Nikki Haley is is hiding her name because she's afraid to use it.
You know, all of these things.
Of course, I responded back to him and I'm like, you know, why do you think this is a big deal?

(13:43):
And then I, of course, told them that my name is not Jay McFarland.
All of my listeners know this who listened to me on the radio for 25 years.
They know that my real name is Joey Smith. And I had people during the campaign
when I ran for Congress, they're like, what are you hiding?
What did you tell us your real name? And I'm like, it's on my Web page.

(14:08):
I've told people for years that's my real name.
And I've told the story that when I first got into talk radio,
my program director said my real name, Joey Smith, that's not going to fly as
as a talk radio show host.
So we bounced around a bunch of names and we finally came up with Jay McFarland,
McFarland being my true middle name.

(14:31):
So I have been known as Jay McFarland for 25 years.
So when it came time to run for Congress, I was shocked to find out that at
least in Utah, you can run under any name you want. I thought I was going to
have to try and educate everybody on who Joey Smith was.
They're like, no, put down any name you want. Whatever you say you want on the

(14:53):
ballot, that's the name that will be on the ballot.
So that surprised me, right? So I got to run as Jay McFarlane.
Of course, they had those people. What are you hiding?
But how many people do you know who've come to this country,
first generation, their parents gave them a traditional name from the first,

(15:17):
you know, from their country.
And that name may be hard to pronounce. That name might be too long.
And so that person decided to use a more American name.
How many times have you seen this? I've seen this through school, through work.
I've seen it hundreds of times, if not thousands of times.

(15:39):
Those are people, they're not trying to hide something.
They're just they just decided that that will make everybody's life easier.
I see it all the time now that I'm in the tax preparation business because I
see people whose name is very difficult to pronounce.

(15:59):
And so there's one I'm working with right now. Her name is very hard to pronounce and she goes by Julie.
Now, is that because she's trying to hide her background, her evil, you know, history?
Or is it because it just makes everybody's life easier to use that name?
Of course, that's what it is. It's not nefarious.

(16:23):
And somebody who suggests I think there's a racial element to those people who
don't like Nikki Haley, at least some of them, at least this person who said
to me, well, what's her real name?
Like somehow that is an issue.
It's not. It's not an issue. And by the the way, while we're on the topic, do a Google search.

(16:47):
What was President Gerald Ford's real name?
Anybody? Do you know it off the top of your head? If you find it out,
leave it in the comments. Just curious.
And by the way, his name changed because he just didn't like the name his parents gave him.

(17:07):
And you know, I've had that in my own family. Some of my kids are like,
why'd you name me this. I'm going to go buy that.
Part of me says that we should name our kids one, two, three, and four.
And then when they reach whatever age they want, they choose the name they want.
Why am I the guy choosing their name?

(17:28):
So this whole name thing, it's nonsense. And anybody suggest that she's hiding,
that perhaps she's not able to run.
Please, please stop the nonsense. Can we really just have a debate about policy, about experience.

(17:48):
About who's going to be the most selectable, about who who has the best ideas?
Is that possible? Of course, you and I know it's not, but I thought I'd say
it just because it reminds me of a different time. You know, just thought I'd say it.
Let's see. What else do I have here on the list? Oh, staying on the topic of

(18:12):
Nikki Haley and whether or not she should get out of the race.
There was some talk about already calling Trump the presumptive, presumptive nominee.
And there was some backlash about that. I think that Nikki Haley needs to stay
on the ballot no matter what.
I don't care if she has 50 cents left in the bank. And the reason that I say

(18:37):
that is because we simply do not know what's going to happen to Donald J.
Trump between now and the election.
We don't know. We don't know if he gets behind bars.
We don't know if the Supreme Court is going to allow states to disqualify him from the ballot.
We just don't know what's going to happen. She needs to stay in just in case.

(19:04):
I still believe it's an incredible long shot for her to win the nomination.
But we just don't know. We just don't know.
I also still believe she is the most electable by far.
She is much more electable than Trump.
And the numbers bear that out. You need the middle to win as much as you like Trump.

(19:29):
I'm telling you, if you think he's going to blow Biden out of the water,
that that's what was thought last time.
And the thing about Trump is he creates absolutely loyal, rabid following,
but he also creates extreme opposition.
And he lost to that extreme opposition, much of it from the middle last time.

(19:54):
I don't know why you think it's going to be any different, especially with where the economy is,
unless Trump gets his wish that the stock market crashes before he gets elected
and that they don't pass comprehensive immigration reform,
which he apparently is fighting against.
If that doesn't happen, Biden's looking pretty good.

(20:19):
And so you need a candidate that can get the middle. And that's Nikki Haley.
That is Nikki Haley, my friends. Hey, thanks for joining me today.
I would love any comments, especially what is Gerald Ford's real name?
If you're concerned about why Nikki Haley is hiding hers.
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