336 w/ Jonathan Adler 'Bannon, Rittenhouse, and the Courts'

w/ Jonathan Adler, Johan Verheij Memorial Professor of Law @ Case Western Reserve University
- Three Stacks
- Kanye ♥️ Drake
- Steve Bannon's Day in Court
- Google That
- Hurry Up, Charge Him!
- Black Panthers, Communist and MAGA Corps (Oh, My)
- Seeing What We Want
- Rittenhouse Rorschach
- (Still More) Media Malpractice
Recorded: November 17th, 2021
Published: November 19th, 2021
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(Recorded June 13th, 2018)
IN THIS DISPATCH:
- Is the Western Alliance kaput? Does it matter?
- Did Trump hand Kim a propaganda win, and if so, isn't averting nuclear war the bigger win?
- North Korea shares a border with Russia and Rachel Maddow is ON IT
- Moynihan shows up late
- It's Trump's GOP until further notice and they're cool with 'neo-Confederate' candidates, thank you very much
- Michelle Wolf 'comedically' slams Bari Weiss for something she never did
- Welch hates high school baseball hugs
- 'Our ass is in the jackpot'
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe103 w/ Josh Zepps 'Kim Kardashian: Humanitarian, Presidential Privileges, Primate Jokes'
(Recorded June 6th, 2018)
w/ Josh Szeps (formerly Zepps, frequently misspelled as Zeeps) host of '#WeThePeople LIVE' and “The People Versus”
IN THIS DISPATCH:
- Brisbane to Boston.
- Clive James’s death watch
- Kanye drops “Ye”
- Slavery may be a choice after all
- Kat Timpf falls out of a tree...
- Jim Acosta was wrong about Kim Kardashian
- Bill Clinton is a widower
- Bill Clinton is the real victim, but he's kinda sorry too
- Moynihan goes full “fxck your interns”
- Free Love
- Pardon Me (Myself)
- Death By China
- Josh Zepps, Globalist
- Starbucks/Roseanne/Samantha Bee
- BIG SWINGING APE BALLS
--
(It feels so good it should cost -- Bought an alligator, I ain't talkin' Lacoste)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe102 w/ Jacob Mchangama 'Clear and Present Danger'
(Recorded May 25th, 2018)
A conversation w/ Jacob Mchangama, Host of 'Clear and Present Danger: A History of Free Speech' podcast. (http://www.freespeechhistory.com)
- Pronouncing Mchangama- A Bit of Free Speech History- Cartoon Jihad- Panic and Crisis- Culture and Legislation- Filthy Jokes- 'The Great Awokening'- An Abrupt Ending
'Jacob Mchangama is the founder and executive director of Justitia a think tank focusing on human rights and a Visiting Scholar at Columbia’s Global Freedom of Expression Center. He has commented extensively on free speech and human rights in outlets including the Washington Post, the Wall Street Journal, The Economist, Foreign Affairs and Foreign Policy. Jacob has published in academic and peer-reviewed journals, including Human Rights Quarterly, Policy Review and Amnesty International’s Strategic Studies. He is the author of the critically acclaimed and award-winning book, MEN Ytringsfrihedens Historie i Danmark (BUT: The History of Freedom of Expression in Denmark). He is the author and presenter of the short documentary “Collision: Free speech and religion” (2013). Mr. Mchangama is a 2016 Marshall Memorial Fellow. He is the recipient of numerous awards for his work on free speech and human rights.' (from http://www.freespeechhistory.com)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded May 16th, 2018)
- 'Are You Black?'
- Calling the Cops on Black Kids
- Isreal and Palestine: A Primer (Deliberately Calibrated to Infuriate Everyone)
- Michael Cohen: Maker of Great Deals
- When Everyone Hates (But No One Bothers to Read), Your Work
- When Everyone Loves (But No One Bothers to Read), Your Work
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded May 3rd, 2018)
18:00+ Host Grab-Assing20:00+ Defending Red-Pill Kanye, Why Slavery is Always YOUR fault36:00+ Morrissey's Politics, Lennon's Domestic Violence40:00+ Coping with Persistent (and almost certainly imaginary) Threats on Your Life45:00+ Phrase Politics, Welch goes off the reservation50:00+ Moynihan's Perpetually Offended53:00+ Stormy Daniels74:00+ Inside the Fox Green Room ALSO: - Trade Talk- The Best Tinted Glasses- The WHCD, Press Freedom Farce, Why Journalism Awards Suck- Welch Goes on a Sinclare Media RantSee acast.com/privacy for privacy and opt-out information.
This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded April 22nd, 2018)
A conversation with evolutionary biologists Bret Weinstein and Heather Heying.
- On Free Speech, Campus Culture- Identity- Scientific Investigation & Tabboo Topics- The Intellectual Dark Web- Evolution, Culture, Markets, Media, and The Academy
In THE SUMMER OF 2017, Bret Weinstein found himself at the center of an ‘equity and inclusion’ maelstrom at Evergreen State College, where he and his wife Heather Heying were both members of the faculty. The resulting scandal would result in the couple parting ways with the school, but not before attracting the attention of national media. Bret and Heather are currently unaffiliated academics in exile who frequently write and speak about their experience at evergreen, the state of American campuses and a host of increasingly controversial issues related to their principal field of study.The pair dropped by the studio to chop it up with Matt Welch and Kmele Foster.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded: April 24, 2018)
Matt's surprisingly strong opinions about Kanye West's endorsement of Candace 'Red Pill Black' Owens.Joy Reid wasn't a huge fan of the gays, wrote some questionable things on the subject, and it appears Kmele is ready to forgive her. Rand Paul's latest flip-flop (Fisher is unimpressed).Trump bros-out with French president Macron. ALSO: Extended notes on the Starbucks Controversy, spontaneous reggae outbursts, impromptu seance, and a surprise cameo. 'You already know it's THE FIFTH, baby!' - A Very Wise ManSee acast.com/privacy for privacy and opt-out information.
This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe097 “Facebook Hearings, Gas Attacks, Abortion & Murder, Race & IQ” w/ Kat Timpf and Ben Dreyfuss
PROGRAMMING NOTE: Sorry for the unusually tardy release. This conversation was recorded approximately five days ago (prior to the most recent intervention in Syria), but the release was delayed by matters of great significance and urgency (which I won't bother to outline here). All the same, it's still a very fine vintage.
(Recorded: April 12, 2018)
with: Ben Dreyfuss (Mother Jones) and Kat Timpf (Fox News Channel, National Review)
- Facebook Congressional Hearings
- The (continuing/looming) War in Syria
- Trump May Fire (Muller, Rosenstein, and Anyone Else with the Temerity to “Attack America”)
- The Kevin Williamson Affair (Abortion, The Atlantic, and Capital Punishment -- Oh My)
- Race & IQ
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe096 w/ Amy Chua 'Political Tribes: Group Instinct and the Fate of Nations' (Special Dispatch)
(Recorded: March 27, 2018)
A conversation w/ Amy Chua (@amychua), Yale law professor and author of numerous books including: 'Battle Hymn of the Tiger Mother', 'The Triple Package', 'World on Fire', and her latest book 'Political Tribes: Group Instinct and the Fate of Nations'.
“Today, no group in America feels comfortably dominant. Every group feels attacked, pitted against other groups not just for jobs and spoils but for the right to define the nation’s identity. In these conditions, democracy devolves into zero-sum group competition — pure political tribalism.” - Amy Chua, 'Political Tribes'
- Identity, Ethnicity, and Culture- Super-groups, Market Dominate Minorities- Tribes of America and the State of Her Politics- The Immutability of Tribalism and the Limits of Democracy
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe095 'March for Our Lives, How to Journalist, So Moonshined' w/ Tom Slater and Tina Nguyen
(Recorded: March 28, 2018)
with
Tom Slater, Deputy Editor @ Spike'd
Tina Nguyen, Politics and Media Reporter @ Vanity Fair
Marching for our Lives, Poisoning Spies, Activist Journalist...
- Moonshine, Poison (Half a Helping of Each)
- Killing Marco Rubio
- Teenage Sainted Activist Student Journalist
- Making America Great Again + Putting Y'all Back in Chains
- Kevin Williamson Moves to The Atlantic (Assorted Persons Freakout)
- Garbology
- How to Be Pro Brexit w/o Going Full White Nationalist
- Slightly Russia Linked
- Never Having to Say You're Fired
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded: March 15, 2018
We've got FiveThirtyEight's Jody Avirgan in the studio. Matt is on assignment someplace.
This Week:
Is there a free speech 'crisis' on campus?
Moynihan and Jody's considerably different approached to sparking media frenzies.
PLUS: Rex, we hardly knew ye (literally). But was he all that stood between us and the CIA's 'enhanced interrogation' dominatrix?
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded: March 9, 2018.
Welch, Moynihan, Fisher and Foster are in attendance.
An increasingly unlikely Presidential visit to North Korea.A seemingly permeable steel and aluminum tariff.A growing interest in POTUS's indiscretions w/ a Porn StarAnd Sam Nunberg's media PsyOp (and/or) breakdown
Pertinent Notes:
- 'A Strange new respect...'- 'A tribute vice pays to virtue...'- 'The Q got that D...'
(and at Moynihan's insistence)
BTC: 1262cXpJkHECVSiLU5iktcqbCW5oz8tJei
ETH: 0xD4BB6B1784541A27FE046AA1963329a9672c3f04
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded: March 1, 2018.
Oscar Talk: Best and Worst, Most Overrated and Ryan Gosling
Stick Talk: AR-15s, Scool Shootings, The National Rifle Association, and Due Process.
featuring
ANDY LEVYSenior Producer of the “S.E. Cup Unfiltered” on HLN
SONNY BUNCHExecutive Editor @ The Washington Free BeaconCo-Host @ The Weekly SubStandard Podcast
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded: February 13th 2018)
'Whenever I hear some bigmouth in Washington or the Christian heartland banging on about the evils of sodomy or whatever, I mentally enter his name in my notebook and contentedly set my watch. Sooner rather than later, he will be discovered down on his weary and well-worn old knees in some dreary motel or latrine, with an expired Visa card, having tried to pay well over the odds to be peed upon by some Apache transvestite.' - Hitch
- The Great (XXL) Black Panther Debate
- Richard Spencer & DeRay Mckesson: CODEFENDANTS
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe+ Indispensable Commentary On That [treasonous/heroic/meh] Nunes Memo+ Context, Collusion and Russian Conspiracies+ A Foreign Policy Primer+ Briefest of notes on Trump's first State of the Union
(Recorded February 1st 2018)
Note: This dispatch was recorded the day before the MEMO was released, honestly -- you won't be able to tell the difference.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribew/ Bari Weiss (@bariweiss), Staff editor and writer @ New York Times Opinion (Former Wall Street Journal, Tablet Magazine)
An expansive, high-quality dispatch that was unfortunately marred by technical mishaps. It's not actually Fishers fault (quite the contrary in fact). xpan
Things improve considerably as the release goes on.
- Government Shutdowns- Amnesty Don's Great Big Amnesty Bonanza- Skipping out on the Wall Street Journal, Making Trouble at the New York Times- #MeToo- Trump Wanted to Fire Mueller- Collusion, Obstruction or YAHTZEE!
Recorded: January 25th, 2018
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe088 'Deepest Shithole Imaginable'
Moynihan is back, Matt was an illegal immigrant, and Kmele was *front* row for Lebron vs. Steph.
Plus: DACA. FISA. Shit. #MeToo.
Recorded: January 15, 2018
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe087 'Fire & Fury, Prosecuting James Risen'
Recorded: January 5, 2018
- Kmele’s Axioms of Child Rearing- Long on Fury, Short on Fire- Red Flags, Fake News on Facebook- Trump's Tax Cut, Regulation Busting - Heather Mac Donald vs. Everybody
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded: December 21, 2017.
Michael Moynihan (Vice News) in conversation with the incomparable Tina Brown. On the business and practice of journalism, the marvelous island of Manhattan, the authentic bullshit of Donald Trump, and #metoo.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded on Thursday December 14th 2017)
with/ Jeffrey Blehar (@EsotericCD) of Decision Desk HQ and The Political Beats podcast.
We talk the recent Alabama Senate election and the FCC's controversial decision to rescind Obama-era net neutrality rules.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe(Recorded, November 2017)
An expansive exchange with renowned social commentator and linguist, John McWhorter. McWhorter is a Professor of English and Comparative Literature at Columbia University. He's the author of twenty books including 'Words on the Move' (2017), 'Talk Back, Talking Black' (2017), and 'Losing the Race' (2000).
Also Referenced:“Antiracism: Our Flawed New Religion” (2015 - The Daily Beast)“How to Listen to Donald Trump Every Day for Years” (2017 - The New York Times)'Tragically Unfit to Be President' (2017 - The New York Times)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe- Matt Lauer
- Seducing Kevin Spacey
- James O’keefe
- Fake Headlines, Faker Stats
- Dumbest News Day Ever
- Britain First, Murder Allegations
- Trashing Bob Woodward
- Some Idiot.... ABORTED
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeFCC Chairman Ajit Pai drops in to explain why he's returning the Internet to the dark ages of... 2015.
PLUS:
- Draymond vs. Mark Cuban
- The AOL-Time Warner instant messaging juggernaut
- Janet Jackson's wardrobe and Stephen Colbert's c***holster
And why won't the FCC just let Slim Shady be?
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded: Thursday, November 8, 2017.
We chat with Rob Mariani, former opinion editor for the Daily Caller, about Milo's first (and last) weekly column -- and how to handle radioactive things without getting burned.
Plus:
- questioning Moynihan's sexuality;a very gay historical debate;the intellectual dead end of 'just trolling' politics.
(Columnist Interruptus)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, November 8th, 2017
Trump takes a long 'grueling' trip to the Far East, maybe tempers the crazy and manages to get cooked in the elections stateside.
PLUS:- Aubrey and Kojo- The Meek Mill Guide to Criminal Justice Reform- 10 Lbs of Gelatin- Moynihan Got it For *Cheap*
CORRECTION: 'Dreams & Nightmares' was definitely a studio album and not a mixtape.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, Novemer 2nd, 2017
With Special Guests:
Josh Zepps - Host, #WeThePeople LIVE (@WTP_Live, @joshzepps)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe079 “'Allegation & Admission, Baseless or Otherwise” w/ Bill Schulz and Nancy Rommelmann
Recorded on Thursday, October 26th, 2017
Moynihan and Kmele are on Assignment -- Welch takes the reins.
With Special Guests:
Nancy Rommelmann - Journalist, Author of 'To The Bridge'
Bill Schulz - Host of Compound Media's 'Mornin'!!!! w/ Bill Schulz'
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, October 19th, 2017
'The opposite of a way with words'
- How Chad Saved Moynihan’s Life (and Why We're Huge in Canada)- Former President Bush and John McCain Have Strong Words for Trump - Totalitarianism, Populism and Economic Uncertainty- US Troops in Africa, Calling Up Gold Star Parents- The Opposite of a Way With Words- When 'Everything' is 'Some of the Things'- Morbid Premonitions, A Non-Fatal Stroke- When Louis (Farrakhan) Met Richard (Spencer)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, October 12th, 2017
The Harvey Weinstein Controversy1) What To Do With “Shitty Media Men?2) Why won't Hillary and Barack say anything?
Tillerson, Corker and World War III1) The Worst of All Possible Worlds2) Death by Non-Proliferation
Trumps Assault on the Media1) 'When the President says it in public...'2) How We Got Lucky With Trump
PLUS:Google, Twitter, and a Tangible ThreatMatt's Mom Bought Him a Mug.Kmele Says Completely Unacceptable Things (almost every dispatch)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, October 5th, 20171) First Amendment Controversies
2) Meditations on the Las Vegas and the Second Amendment
3) An Homage to Catalonia (particularly on the subject of secession, with additional remarks on Kurdistan)
PLUS:
- Kmele Heads to ComicCon, Bumps into TNCMoynihan vs Melba
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeGuest: Katherine Mangu-Ward, Editor-in-Chief @ Reason
Recorded: Wednesday, September 27th, 2017.
Another wide-ranging, intellectually-stimulating, and very well-lubricated dispatch.
We begin with an almost respectable (but undeniably illuminating) discussion of Donald Trump's 'Revolutionary Tax Framework' -- (his words). Proceeding from there to the re-re-re-failure of Republican maneuvering to 'Repeal and Replace' Obamacare.
Then we really pour on the gas:
- From 'Taking a Knee' to 'Title IV'Banning Uber to prevent rape is ... beyond stupid.Mark Warner's crusade to stop Russia from using Facebook (and hollow out the First Amendment).
PLUS:
- Should you ever use 'cyber' as a prefix?What's the origin of 'hang 10'?#firebettsyGender differences.
(Sweep the leg.)
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded on Thursday, September 21, 2017
President Trump's remarks at the UN parley were (hilarious? /meh? /dangerous? ) and unmistakably confused.
We crack open cans of Portland's finest sangria while discussing this and other matters of profound consequence.
Cargo shorts are irredeemably awful, but should a UN human rights commission formally designate them Nazi paraphernalia? Is Mark Zuckerberg's plan to save democracy credible? How hot would your step-granddaughter have to be before you wouldn't, not, totally date her?
Also:
- Meditations on the St. Louis and Police Shootings- Something about the Manafort warrant and wiretaps- and 'some idiot wrote this...' and it's so awful that you should find the time to read it.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribe073 w/ David Weigel 'Bernie Shapes the Party, Hillary Wrote a Book, A Little Prog Rock'
Recorded on Thursday September 14, 2017
Guest: David Weigel, political reporter for The Washington Post and author of the prog-rock history 'The Show That Never Ends.'
Matt's recovering from surgery, Moynihan's upright & sober, and Kmele's getting domesticated.
Also:
-Bernie Sanders is pushing a new health care plan (and he's got a dirty little anti-immigration secret).
-Trump's immigration reversal, and his infatuation with those generals.
-The best thing about Hillary's new book.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded 9/8/2017
Moynihan’s back from Russia and has the drinking stories to prove it. Normally reasonable journalos lose their goddamn minds over Betsy DeVos’ intention to bring back due process on college campuses.
Matt Welch on DACA: “Call it amnesty, and do it anyway” (WaPo) https://www.washingtonpost.com/news/posteverything/wp/2017/09/08/yes-daca-is-amnesty-lets-just-call-it-that-and-then-lets-make-it-happen/?utm_term=.d7cee531cf3a
Kmele takes Anthony Fisher to task for calling President Trump’s brand “cruelty” in a DACA-related article Fisher wrote for The Week. But you gotta hear BOTH SIDES (link: https://theweek.com/articles/722742/trumps-daca-suspension-proves-brand-isnt-winning--cruelty)
Absorbing Ta-Nehisi Coates latest epistle “Donald Trump is the First White President” (The Atlantic) https://www.theatlantic.com/magazine/archive/2017/10/the-first-white-president-ta-nehisi-coates/537909/
Matt claps back at 'comic' Andy Kindler.
A rare morning recording. Sober*, salty, caffeinated.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded 8/31/2017
Guest: Ronald Bailey, science correspondent for Reason magazine and Reason.com.
Natural Disasters, political photo-ops, and formulaic media coverage.
The worst thing about Mitt Romney, the fecklessness of Barack Obama, and the dark innovations of Bill Clinton.
SFTW.
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This is a public episode. If you’d like to discuss this with other subscribers or get access to bonus episodes, visit wethefifth.substack.com/subscribeRecorded 8/24/2017
This episode: non-existent Nazis, overblown Antifa, and Portuguese vagina-walls.
Jacob Siegel was in Boston and Afghanistan, and now he is in Moynihan's chair. He helps the guys figure out what the hell happened in Boston (and why it's not the same as Charlottesville).
PLUS: Is there a 'libertarian-to-alt-right pipeline'? Should we take 'Internet fascists' seriously? Would going 'soft on white supremacists' actually help Trump?
AND... sunk costs in Afghanistan, fights on Planet Libertarian, and Matt doesn't want to punch any grannies.
Happy birthday, Hollywood (wherever he is).
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