WEBVTT 01:01.109 --> 01:14.619 The next thing that I want to say is our lack of biological knowledge and the general poor health of the of America of the American people Is being used to create the crisis they need to divide and conquer us to ruin Maybe America. 01:14.759 --> 01:21.825 I don't know crash the dollar I don't know steal the rest of our our what limited Treasury value we have left. 01:22.045 --> 01:25.107 I don't know But I know for sure 01:25.492 --> 01:42.917 that they are combining our lack of biological knowledge and our general society's lack of good health and access to health care to create a crisis to usher in all kinds of changes that would otherwise never be necessary and more importantly never be possible. 01:45.639 --> 01:51.783 If you think about it, you know, if we're defining vaccine really liberally, and these COVID vaccines are vaccines, the flu vaccine is vaccine, okay. 01:52.203 --> 01:55.266 But actually, they're kind of cheating when they're calling these things vaccines. 01:55.326 --> 02:04.793 And, you know, anything with really rapidly fading efficacy, such that you need shots within a year, you know, Canada's saying nine months, is as actually J.J. 02:04.813 --> 02:11.398 Cooey's insistence, and I think he's right, on calling them transfections rather than vaccines. 02:39.766 --> 02:42.809 Mark has been away from home for a week. 02:42.949 --> 02:45.231 I believe he arrives home on Saturday. 02:49.794 --> 02:50.475 That's where he's been. 09:14.324 --> 09:17.985 Normally I would try to do a little bit of a regular 09:19.494 --> 09:27.379 NBA introduction here and maybe I will let it play through but I've got a guest on that we're going to discuss a few things. 09:27.439 --> 09:28.599 I gave it away in the title. 09:28.639 --> 09:35.904 The fifth versus the seventh is kind of a way of summarizing it best maybe or easiest. 09:37.505 --> 09:44.389 There are some ideas out there that we need to get clear and I don't necessarily think I can do it on my own and so I got 09:45.220 --> 09:54.939 buddy here who is going to help me do it or at least give it take a shot at here we go helping me do it oh we better get that right 09:59.338 --> 10:18.606 We are gonna just have a little conversation about some legal terms and we're gonna have a pretty general conversation about them because I've been yelling about them for a very long time, you know, like talking about strict liability or the 7th amendment or some kind of 7th amendment violation and a lot of people 10:19.286 --> 10:24.693 I have expressed some frustration with me not really going very much farther. 10:25.294 --> 10:32.283 That all being said, I'm not a jurist doctor, I'm not a lawyer, so it's probably best that I don't try to give legal advice. 10:33.425 --> 10:36.388 I don't want to be a charlatan like the ones we're trying to fight. 10:37.269 --> 10:48.819 But I do think that as a citizen of the United States and as an educated individual, it's okay for me to say that an intramuscular injection of any combination of substances with the intent of augmenting the immune system is dumb. 10:49.300 --> 10:55.245 Transfection in healthy humans is always criminally negligent and RNA cannot pandemic because viruses are not pattern integrities. 10:55.885 --> 11:16.764 so these mystery virus this wasn't the excess deaths we've been talking about this a lot that they would murder use murder and lies to cover up all of these legal issues that are kind of on a on a precipice right now um you know murder and lies is needed to cover up the vaccine schedule in america murder and lies is needed in my humble opinion 11:17.324 --> 11:22.746 to hide the fact that transfection was always criminally negligent, and murder in lives is necessary. 11:22.766 --> 11:28.669 You gotta have it if you're gonna have any illusion of a pandemic being possible. 11:28.709 --> 11:32.810 You're gonna need to murder some people, and you're gonna need to lie about some stuff. 11:33.711 --> 11:38.312 Otherwise, there's no way that you can get anybody to believe that RNA can pandemic. 11:40.242 --> 11:44.403 It is that illusion of consensus created by these people on social media. 11:44.443 --> 12:02.926 An extraordinary number of liars forms this wall of humans that is the new kind of totalitarianism with this intervening, highly trained set of acolytes performing a theater while the ruling oligarchy quietly does what they want to do when we think we're fighting them. 12:02.966 --> 12:06.527 But in reality, this cruise ship hasn't really deviated from its course 12:07.327 --> 12:19.295 We are still on the way because it's these weaponized piles of money that have convinced us to argue with them about these stories instead of freeing ourselves from them. 12:20.776 --> 12:21.756 That's really the gist of it. 12:21.776 --> 12:24.078 If you want to know who you're talking to, my name is Jonathan Couey. 12:24.098 --> 12:28.401 You can find my previous work on PubMed and 12:29.989 --> 12:35.115 It is from this kind of work that this name GigaOM is derived from. 12:35.936 --> 12:37.317 That's where the symbol comes from. 12:37.397 --> 12:39.460 It's actually was a joke originally. 12:39.480 --> 12:42.383 And here we are five years later. 12:42.403 --> 12:48.570 I've got a stream.gigaom.bio slash home website where you can find all the work I've done. 12:48.590 --> 12:50.492 And then I've also got gigaombiological.com. 12:52.454 --> 12:56.360 Welcome to an evening show on a Friday night. 12:56.380 --> 12:57.202 I'm very excited. 12:57.222 --> 12:59.445 I like evening shows. 12:59.485 --> 13:00.246 They're kind of funny. 13:01.789 --> 13:02.871 They're a different kind of 13:04.482 --> 13:07.903 They're a different kind of vibe because I'm in the morning. 13:07.963 --> 13:10.644 My eyes are pretty strong and the light's really bright in here. 13:10.684 --> 13:15.405 And then when at the night, I, I more, I more often need my glasses and I can't even see the screen. 13:15.445 --> 13:20.006 Sometimes if I turn the lights off behind him, I got my lights on in front now so that you can see me. 13:20.026 --> 13:22.447 Um, it is the 11th of October. 13:22.467 --> 13:23.947 It is seven 37. 13:23.987 --> 13:26.768 Um, I'm going to see what I got there. 13:26.788 --> 13:27.948 No, I'm going to get rid of this. 13:27.988 --> 13:28.829 We don't need that one. 13:29.609 --> 13:32.550 Um, I'm going to just slap up one real thing here. 13:32.570 --> 13:32.610 Uh, 13:36.581 --> 13:42.243 I don't have anything for the background, so maybe I'll just put this one up like that. 13:44.004 --> 13:45.184 And that'll be ready to go. 13:45.365 --> 13:51.707 And then I'm going to slide what I hope is an active Zoom meeting over to this side. 13:53.428 --> 13:54.468 And make it like this. 13:55.969 --> 13:58.750 And ask my friend to unmute. 13:58.850 --> 13:59.750 Are you there, sir? 14:00.171 --> 14:00.871 Come in, please. 14:02.145 --> 14:02.645 I am here. 14:02.725 --> 14:03.205 Can you hear me? 14:03.446 --> 14:04.286 I can hear you. 14:04.326 --> 14:05.827 Welcome to the show, regular guy. 14:05.887 --> 14:06.747 Good to see you again. 14:06.767 --> 14:13.470 Um, if you people will recall the first time regular guy was on the show, he was Sam the Eagle from the Muppet show. 14:13.550 --> 14:16.451 Now he's just the text regular guy. 14:16.471 --> 14:23.334 Um, I might need to switch over to this, I guess, to put me down here and maybe I'm out of the way better. 14:23.394 --> 14:23.874 That's better. 14:23.974 --> 14:24.194 Yes. 14:24.813 --> 14:28.114 I if you can, I'm trying to share my screen here. 14:28.174 --> 14:33.576 And if I thought maybe just maybe my view, maybe it's my view that I have set up wrong. 14:33.616 --> 14:34.876 Let me check my view here. 14:36.817 --> 14:38.177 Regular guys screen. 14:41.518 --> 14:42.739 Why can't I make it bigger? 14:43.179 --> 14:44.359 Oh, yeah, here down here, maybe. 14:45.460 --> 14:45.900 Oh, no, here. 14:47.068 --> 14:50.229 I can't see because of my silly, all this scrap there. 14:50.289 --> 14:51.009 That's what I wanted. 14:51.069 --> 14:52.209 View, standard. 14:52.669 --> 14:53.189 That's better. 14:53.829 --> 14:54.250 How's that? 14:54.270 --> 14:54.710 There we go. 14:55.170 --> 14:55.750 Sorry about that. 14:55.830 --> 14:56.250 Much better. 14:56.270 --> 14:58.310 All right. 14:58.510 --> 15:00.671 Anyway, so honored to be back. 15:01.111 --> 15:06.432 And so I feel a little intimidated by the introduction I was given here. 15:06.672 --> 15:11.253 I really wanted this to be more of a vocabulary lesson. 15:11.413 --> 15:12.133 Oh, OK. 15:12.693 --> 15:15.654 Two words, really, that I think are going to be 15:17.300 --> 15:17.881 important. 15:19.222 --> 15:25.606 So the first thing is I'm really frustrated with the state of knowledge online. 15:25.847 --> 15:35.514 Let's say when I go to Google certain concepts, try to understand certain concepts that I feel like I don't like the back of my hand. 15:36.660 --> 15:44.685 Uh, sometimes I, all I find is mush and it seems that, um, biologists may run into the same problem from time to time. 15:45.526 --> 15:50.089 Um, so I wanted to start by, uh, speaking to my graphics card. 15:50.809 --> 15:51.710 That's what I'm doing here. 15:51.730 --> 15:59.975 I'm running a local LLM on my graphics card and I, this LLM is supposed to be one of the more advanced, but it's still not doing a very good job. 16:00.035 --> 16:02.116 I asked it what I thought was an easy question. 16:02.136 --> 16:03.677 What's the world's oldest profession? 16:04.904 --> 16:06.945 And it gave me five wrong answers. 16:07.005 --> 16:09.107 And then it went on to give me a sixth wrong answer. 16:09.187 --> 16:10.968 Prostitution, that's the one they always give you. 16:11.008 --> 16:11.928 It's actually lawyers. 16:13.389 --> 16:22.034 So what happened was that way back when there were kings and they were ruling over, you know, people on their sheep or whatever. 16:23.455 --> 16:31.080 Somebody would have an argument, a sheep would get stolen or something, and they'd want to take it up with the king, but they wouldn't know how to speak the king's language. 16:31.140 --> 16:32.721 And so they would find someone in town. 16:33.575 --> 16:37.976 knew how to speak the king's language, they would have that person translate for them. 16:37.996 --> 16:38.876 All right. 16:39.717 --> 16:43.217 Now, this led to a rather sort of. 16:45.138 --> 16:58.581 Absurd can't talk type at the same time, but led to two words popping up in our Constitution, the two words that on their own, everybody should be able to understand. 17:00.542 --> 17:01.262 On the other hand, 17:02.671 --> 17:04.252 Let's see how well it did this time. 17:04.272 --> 17:07.435 Uh, it better first time. 17:08.135 --> 17:08.456 Okay. 17:08.856 --> 17:10.377 So let's start with the word do. 17:11.818 --> 17:17.183 Uh, most people know what the word do is without having a lawyer explain it to them. 17:17.203 --> 17:22.027 Um, and it means the same thing here that it means in any other context. 17:22.607 --> 17:25.049 Um, something's owed someone it's owed to you. 17:25.069 --> 17:27.691 It's owed to you by the government. 17:28.412 --> 17:29.613 It's owed to you by the King. 17:30.868 --> 17:32.289 All right. 17:32.309 --> 17:33.010 Uh, process. 17:33.070 --> 17:33.970 What's process? 17:34.411 --> 17:36.432 It's exactly what you might think it is. 17:37.152 --> 17:45.919 Maybe, um, a recipe for making something, engineering design, anything set of instructions, a ritual. 17:46.599 --> 17:46.919 Okay. 17:47.480 --> 17:49.941 It's a procedure that's due to you. 17:50.522 --> 17:52.783 Something that the king has to do a ritual. 17:52.963 --> 17:57.026 You could think of that the king has to perform in order for you to what? 17:57.066 --> 17:59.208 To feel like the result you got was fair. 17:59.853 --> 18:04.414 Now, the way I had this explained to me first day of class was. 18:05.894 --> 18:06.635 Why do we do this? 18:06.655 --> 18:09.475 It's a question, why do we do this? 18:09.655 --> 18:09.955 I don't know. 18:10.175 --> 18:11.256 We didn't know what the this was. 18:11.296 --> 18:12.116 Why do we do all this? 18:13.096 --> 18:21.958 And the answer that the professor gave after, you know, 30 seconds of silence was so we don't fight in the street so that we accept the outcome. 18:22.518 --> 18:23.338 We just live with that. 18:24.818 --> 18:27.039 Even if we think it's unfair, we live with it. 18:28.439 --> 18:30.340 It's a way of instilling peace, okay? 18:30.901 --> 18:39.386 So this due process, the set of things the king's supposed to do in order to make you feel like the outcome was fair, all right? 18:39.966 --> 18:43.909 Now, most people will tell you the notice is a big part of it, right? 18:43.949 --> 18:47.031 You get something in the mail from the court, jury summons. 18:47.791 --> 18:53.395 It's always gonna include the date, the time, the address, right? 18:54.384 --> 18:54.824 Same thing. 18:54.864 --> 19:03.810 If you get arrested, you're going to get put on notice of what the charges are, and you're going to be able to look up what those charges are on a public database free. 19:04.590 --> 19:04.891 Okay. 19:05.631 --> 19:09.293 Furthermore, those charges, you know, they're good at that. 19:09.353 --> 19:14.437 Well, whatever you find in that database, that law, there was a process for passing that law. 19:15.377 --> 19:20.640 Two legislatures maybe had to meet and agree on it, and then an executive had to sign off on it. 19:21.341 --> 19:21.541 All right. 19:22.523 --> 19:25.044 might've been challenged in court, but whatever, it's there. 19:25.324 --> 19:26.344 There was a process. 19:26.864 --> 19:27.385 It was due. 19:27.405 --> 19:28.565 All right. 19:29.105 --> 19:38.348 Due process is something that the phrase that lawyers have been able to monopolize and use to, I guess, mystify audiences. 19:39.048 --> 19:40.889 But when you break it down, it's really simple. 19:41.469 --> 19:46.951 It's a procedure, the set of procedures that are due to you in order to make things fair, right? 19:47.391 --> 19:50.312 Imagine if they had a trial, but they didn't tell you when or where. 19:51.570 --> 19:55.051 You didn't show up and you were found, you know, it's that simple. 19:55.631 --> 19:58.472 Now, I'm gonna do a test. 19:58.612 --> 20:00.553 I'm gonna see if my graphics card can handle this. 20:06.854 --> 20:08.695 What is procedural due process? 20:08.835 --> 20:17.898 Now, the first thing is my graphics card doesn't notice the absurdity of the phrase procedural due process. 20:18.098 --> 20:19.098 Isn't that redundant? 20:21.943 --> 20:27.126 If it's procedural, right, isn't it already a process? 20:27.146 --> 20:31.148 All right, I'm not even gonna read that. 20:32.528 --> 20:39.712 What I really wanna know is what it's gonna say is, what it's gonna tell me when I ask it this question. 20:40.712 --> 20:42.573 Substantive due process. 20:43.534 --> 20:46.475 Yeah, substantive, substantive due process. 20:46.495 --> 20:47.516 Okay, substantive. 20:49.295 --> 20:52.016 This is where the Internet really starts to snow. 20:52.476 --> 20:55.877 Boy, my graphics card sure choked up on this one. 20:56.678 --> 20:58.838 Well, I'll tell you, Wikipedia doesn't do any better. 20:58.918 --> 21:00.139 I don't even know what this says. 21:00.259 --> 21:01.479 It's not even worth reading. 21:01.799 --> 21:01.879 OK. 21:01.979 --> 21:03.460 All right. 21:03.540 --> 21:08.102 This is where things get really murky. 21:09.762 --> 21:17.585 And opinions start to harden and you start to find a lot of weird commentary on the Internet. 21:18.143 --> 21:18.623 let's say. 21:18.783 --> 21:19.063 Okay. 21:19.924 --> 21:29.727 But I'll start off by saying substantive due process is the reason that these other people had to put that word procedural in front of it. 21:29.747 --> 21:30.428 Okay. 21:30.768 --> 21:36.770 If there was no substantive due process, there would be no reason for anyone to call procedural due process procedural. 21:36.790 --> 21:38.331 They would just call it due process. 21:38.911 --> 21:47.274 So anybody who thinks substantive due process doesn't exist or anyone who tells you that there's a debate over whether substantive due process exists 21:48.962 --> 21:49.623 That's not true. 21:50.903 --> 21:53.665 Everyone knows substantive due process exists. 21:54.025 --> 22:03.731 Now, most people, when they talk about procedural due process, are thinking that this has to happen in a court. 22:05.452 --> 22:06.273 But it doesn't. 22:07.813 --> 22:09.855 These procedures can happen anywhere. 22:10.395 --> 22:13.777 They can happen in another branch of government. 22:14.887 --> 22:20.970 So for example, the vaccine injury compensation program, that's not a court. 22:22.671 --> 22:24.772 It's basically a wing of a government agency. 22:26.333 --> 22:32.297 And it, I believe it's a part of health and human services, but it follows these procedures. 22:32.317 --> 22:33.277 Okay. 22:33.877 --> 22:37.039 It gives procedural due process in that sense. 22:37.219 --> 22:37.519 Okay. 22:37.559 --> 22:41.922 Supreme court sat down many times, looked over the fifth amendment, said, you know, 22:43.061 --> 22:47.282 It says here that you have a right to due process, but it doesn't say anything about courts. 22:47.302 --> 22:52.203 It mentions courts in these other amendments, Sixth and Seventh Amendment, but in the Fifth Amendment, it just says due process. 22:52.223 --> 22:55.324 So, you know, due process could be anything, right? 22:56.764 --> 22:59.985 Or anybody could be handing out due process, right? 23:00.585 --> 23:01.946 It's the process that matters. 23:02.086 --> 23:03.086 The process is due. 23:03.906 --> 23:06.547 But the Fifth Amendment doesn't say a court has to be doing it. 23:07.647 --> 23:11.248 Now, you know, you could call something a court, even though it's not. 23:12.242 --> 23:12.402 right? 23:12.442 --> 23:15.603 Just by naming it, there's a process for doing that. 23:16.503 --> 23:19.224 But substantive due process is something a little different. 23:21.004 --> 23:31.687 Now, substantive due process really boils down to an argument about who owns the burden of proof. 23:32.188 --> 23:37.789 Now, this again is where the world's oldest profession has mystified things. 23:39.069 --> 23:40.670 It has set up a sort of 23:42.884 --> 23:49.306 how to describe it, a binary dialectic, let's call it, between two opposing forces. 23:50.827 --> 23:54.688 One of them is called rational basis test. 23:55.568 --> 23:59.469 I forgot to put the question mark on there, but the video card understood that was a question. 24:00.230 --> 24:03.171 OK, rational basis test. 24:05.471 --> 24:07.552 Let's see, this would be interesting. 24:08.012 --> 24:10.313 When is rational basis test used? 24:11.974 --> 24:13.555 Uh, no, this is wrong. 24:13.955 --> 24:14.835 Oh, no, this is right. 24:15.656 --> 24:17.496 Uh, the rational bait, well, it's sort of wrong. 24:17.636 --> 24:17.956 Okay. 24:19.077 --> 24:20.637 The law affects fundamental rights. 24:20.657 --> 24:28.280 It says if a law infringes upon fundamental rights, such as those protected by the Bill of Rights, it will be subject to stricter scrutiny. 24:28.560 --> 24:28.841 Okay. 24:28.861 --> 24:30.521 And that's not rational basis test. 24:30.541 --> 24:31.101 We'll get to that. 24:31.121 --> 24:32.702 All right. 24:32.742 --> 24:34.383 Now I don't know what this other stuff says. 24:34.423 --> 24:36.984 Apparently the AI is already having trouble. 24:37.764 --> 24:38.144 Okay. 24:39.024 --> 24:40.465 Now I said, there's, there's kind of a, 24:42.578 --> 24:46.081 There's a light side and a dark side here. 24:46.121 --> 24:49.164 There's this rational basis test, and there's strict scrutiny. 24:51.646 --> 25:00.714 Boy, again, the NVIDIA company really needs to, or somebody, I don't know, they really need to retrain this thing. 25:01.154 --> 25:05.698 Okay, yeah, so it's a mystery. 25:06.058 --> 25:09.061 My graphics card can't do it, and the internet can't do it. 25:12.361 --> 25:18.323 I guess, um, the best way to think of it is about, um, think about burden of proof. 25:18.964 --> 25:19.264 Okay. 25:19.784 --> 25:28.107 And science, um, there's this concept of the null hypothesis, the null hypothesis being that there's no effect between two variables. 25:28.708 --> 25:31.048 So you're always trying to disprove the null hypothesis. 25:31.109 --> 25:39.712 And if you can't disprove it, if you can't show a statistically significant difference between, you know, the X and the Y, then, 25:40.889 --> 25:42.610 The null hypothesis stands. 25:42.931 --> 25:45.212 There's no relationship between the two variables. 25:45.252 --> 25:45.953 It's all random. 25:46.373 --> 25:51.457 Now, here, the null hypothesis might be stated as the government's always right. 25:52.717 --> 25:54.078 Government knows what it's doing. 25:55.719 --> 26:04.766 So, for example, when the government declares a state of emergency, some people might say, hey, government's always right. 26:05.046 --> 26:06.447 Just defer to the government on that. 26:08.047 --> 26:19.874 On the other hand, there are other people who might say, wait a minute, maybe we should start with the presumption that the government is always wrong and force the government to justify its actions. 26:21.395 --> 26:24.217 The former is rational basis test. 26:25.358 --> 26:27.919 Rational basis test, the AI gets it right. 26:28.700 --> 26:32.382 Rational basis test might be applied to zoning regulations, 26:34.269 --> 26:36.991 maybe some taxation policies, okay? 26:37.551 --> 26:45.175 Now, if you started to tax people differently based on their race, that would be subject to strict scrutiny, okay? 26:46.116 --> 26:50.958 Not for reasons that are obvious here, but it would be, all right? 26:51.258 --> 26:55.140 The courts would say, hey, wait a minute, why are you taxing these people differently based on their race? 26:55.201 --> 26:56.361 You need to justify that. 26:56.381 --> 26:59.023 We're not gonna just let that pass, all right? 27:00.303 --> 27:01.344 Now, strict scrutiny, 27:02.412 --> 27:08.057 is generally applied anytime a fundamental right is at stake. 27:08.478 --> 27:09.539 Okay, fundamental right. 27:10.399 --> 27:11.841 Now, what's a fundamental right now? 27:12.381 --> 27:17.186 I think an easy way to think about it is not what's a fundamental right, but what's not a fundamental right? 27:18.066 --> 27:22.070 Um, marriage apparently is a fundamental right. 27:23.071 --> 27:24.152 It's not in the Bill of Rights. 27:24.392 --> 27:25.273 What's fundamental right? 27:26.706 --> 27:30.910 So it turns out there are a lot of things that are fundamental rights that aren't even in the Bill of Rights. 27:31.010 --> 27:35.034 But one thing that is... Can I pause you there? 27:35.094 --> 27:46.024 Can you explain in a couple words why marriage falls there then if it's not in the Bill of Rights just because of previous court rulings and stuff or what? 27:46.945 --> 27:50.368 No, well, I think it's understood that 27:51.758 --> 27:54.341 People were always doing this. 27:55.323 --> 28:03.253 This was a pre-existing institution that I think courts felt they were obligated to respect or that the government was obligated to respect. 28:03.753 --> 28:06.116 It was a pre-existing custom that existed. 28:08.064 --> 28:12.608 There was no, let's say, opposing argument. 28:12.948 --> 28:17.732 There was no one on the other side of the fence saying, wait a minute, no, marriage isn't a fundamental right. 28:17.772 --> 28:22.175 Because until relatively recently, no one was really trying to tell anybody who they couldn't marry. 28:23.436 --> 28:27.219 So it wasn't until the 1960s that this question even came up. 28:30.302 --> 28:37.345 So you had marriage existing in its various forms for almost 200 years before the Supreme Court even took a look at it. 28:37.905 --> 28:41.027 So they weren't about to tell people that this wasn't a fundamental right. 28:42.227 --> 28:46.689 But the thing is, you can say the same thing about everything that's in the Bill of Rights. 28:47.189 --> 28:51.051 Every single amendment, all 10 of them, even if they don't make sense anymore. 28:51.818 --> 28:53.059 or 11, or 12, or 27. 28:54.000 --> 29:00.144 I don't know how many amendments we have, but to the extent they create rights, those are all considered fundamental, right? 29:01.105 --> 29:04.367 Now, how do they say down here, right to a fair trial, okay? 29:06.328 --> 29:13.353 What the Constitution actually says is a right to a jury trial for any amount in controversy over $20, that's a fundamental right. 29:15.115 --> 29:19.478 So any deprivation of a fundamental right should be subject generally to strict scrutiny. 29:20.034 --> 29:22.696 the government's gonna have to justify itself. 29:23.196 --> 29:26.018 Okay, why'd you take away that fundamental right? 29:27.579 --> 29:34.645 Um, the government is not given the same latitude it would get with rational basis test with the zoning law. 29:36.066 --> 29:41.349 Um, to illustrate the absurdity of rational basis test, rational bait. 29:41.409 --> 29:49.195 In order to pass rational basis test, the government can give hypothetical justifications for a law doesn't have to point to anything that happened 29:50.031 --> 29:50.812 in the real world. 29:50.852 --> 30:09.505 So for example, if you have a law like the prep act that says that the secretary of health and human services can issue an emergency declaration and that emergency declaration has the effect of, um, uh, making it unlawful for courts to hear a lawsuit, right? 30:09.926 --> 30:12.328 Uh, challenging these, these countermeasures. 30:12.688 --> 30:12.988 Okay. 30:13.709 --> 30:15.250 Uh, these approved countermeasures. 30:16.731 --> 30:16.831 Um, 30:18.075 --> 30:21.638 That seems like a law that infringes on a fundamental right, doesn't it? 30:22.779 --> 30:26.282 Seems like infringes on a right that's right there in the Bill of Rights. 30:26.322 --> 30:29.826 Seems like it should be subject to strict scrutiny. 30:30.446 --> 30:32.888 Seems like the government should have to justify it. 30:34.450 --> 30:35.571 They should have the burden of proof. 30:37.572 --> 30:42.577 On the other hand, there seems to be a consensus out there that 30:43.897 --> 31:04.507 Uh, it's fine to just apply rational basis test to these kinds of decisions, meaning that the secretary of health and human services, when granting legal immunity, uh, to, uh, providers of these countermeasures, uh, it can, he or she can do so based on hypothetical reasons. 31:04.587 --> 31:06.728 They have nothing to do with what's happening in the real world. 31:07.168 --> 31:07.408 Okay. 31:08.351 --> 31:10.292 Now, again, we're talking about a process. 31:10.632 --> 31:15.814 We're talking about a process by which the Health and Human Services issues a declaration. 31:16.955 --> 31:23.558 There's a process, it's spelled out in the PrEP Act, you can read it, gives you the recipe for how to issue an emergency declaration. 31:24.618 --> 31:37.804 Nowhere does it say that the Secretary of Health and Human Services has to do any thinking, draw any firm conclusions, you know, review any particular piece of information or, you know, take any 31:38.223 --> 31:41.125 take any input from the public, for that matter. 31:41.826 --> 31:51.734 It doesn't put any restraints, really, on what the Secretary can do, and that it allows the Secretary to go ahead and issue these emergency declarations, which have this effect. 31:51.774 --> 31:58.139 And it seems to me that that kind of thing ought to be subject to strict scrutiny, and yet it isn't. 31:58.280 --> 32:07.067 It's being subject to rational basis test, or at least there aren't too many people calling for it to be subject to strict scrutiny. 32:08.010 --> 32:14.434 And so I want people, first of all, to forget whatever they thought the due process meant. 32:14.954 --> 32:16.175 It just means what it says. 32:16.255 --> 32:17.916 It's just two words. 32:19.477 --> 32:20.798 Process that's due to you. 32:21.478 --> 32:29.223 But then there's this substantive due process, but it's really just a fight between rational basis tests and strict scrutiny. 32:29.403 --> 32:30.744 Let's go back to strict scrutiny. 32:31.480 --> 32:35.482 Rational basis test strict scrutiny and it's just like Star Wars. 32:35.622 --> 32:48.830 Okay, Luke Skywalker strict scrutiny Darth Vader's rational basis test Okay, you're always trying to fight back rational basis test You're always trying to convince the judge that no, this is a subject of strict scrutiny because it affects a fundamental, right? 32:49.710 --> 32:51.211 like Seventh Amendment 32:52.150 --> 32:53.111 And so on and so forth. 32:53.472 --> 32:55.935 And so that's the end of my lecture. 32:56.035 --> 32:59.619 I'll leave it to JC or anyone for questions. 33:00.060 --> 33:00.320 Wow. 33:01.321 --> 33:01.782 I like it. 33:01.822 --> 33:05.987 I got a lot of good notes here, I think. 33:06.107 --> 33:08.270 I wasn't copying anything down from that AI. 33:08.310 --> 33:10.273 I was just copying down stuff that you were saying. 33:11.710 --> 33:13.931 The AI really let me down, I have to say. 33:14.392 --> 33:22.977 I ran a test demo before this call, and I was getting better answers from the AI than I am now, and I don't know why, but I don't care. 33:24.098 --> 33:29.281 Maybe Zoom is sucking away a little bit, because you were telling me earlier there's something special. 33:29.701 --> 33:32.183 Do you mind talking about that, or do you want to keep it secret? 33:33.573 --> 33:35.314 Oh, I'm not sure. 33:36.115 --> 33:40.238 I don't know if there's anything, any deep secrets here. 33:40.258 --> 33:49.585 I think that if I recall correctly, the main discussion we've been having is whether it makes sense to interact with some of these online AIs. 33:49.625 --> 33:57.571 The reason I'm running this locally is because I went to log in to chat GPT and it asked me for my name and my birth date. 33:57.611 --> 33:59.172 And I thought about lying to it. 34:00.120 --> 34:03.903 Why would I tell the chat GPT my real name and my birthday? 34:04.724 --> 34:11.048 Then I thought, you know, chat GPT is going to find out my name and my birthday one way or the other. 34:11.088 --> 34:23.458 And then the first thing it's going to do is it's going to peg me as a liar and it's going to flag me and it's going to report me, you know, and when it's building its model of me that it will include that as a variable in its model, you know, he's the type of person that 34:24.338 --> 34:27.020 tries to lie to the AI and all that kind of stuff. 34:27.060 --> 34:32.944 And I just thought, you know what, I'd rather not give all my personal information, private information to chat GPT. 34:32.984 --> 34:43.092 If I'm going to talk to an AI, if I'm going to interact with something that's going to monitor me and track my behavior, I'd rather just buy a video card on Amazon and talk to my video card. 34:43.112 --> 34:44.072 So that's what I'm doing here. 34:44.092 --> 34:51.278 But yeah, I guess I was more, I was more curious about this, this, um, 34:52.877 --> 35:04.542 I understood something about the fact that, that, uh, like my Mac, my, my, my little laptop here would be useless really for L and L, right? 35:05.503 --> 35:05.923 Oh, yes. 35:05.983 --> 35:06.263 Yes. 35:07.124 --> 35:19.149 We did have a discussion about the fact that Nvidia, uh, from what I can tell is going to, is, is, uh, um, uh, trying to use what I would call it's monopoly power to, um, 35:20.070 --> 35:32.154 squeeze maximum value out of the VRAM that it attaches to its GPU, so that if you buy a $20,000 NVIDIA H100, you get a fast GPU, but you only get 80 gigabytes of video RAM. 35:33.294 --> 35:36.515 And I noticed quietly that Apple was pushing 35:37.762 --> 35:57.201 M2 Ultra, M3 Max variants of its chips that allowed for up to 256 or 192 gigabytes of unified RAM, which allow people to run enormous LLMs locally at speeds that are comparable to what you might get with a 35:57.856 --> 36:19.866 NVIDIA GPU and they're doing this quietly and they're buying up seems to me all of TSMC's what they say they're buying up all TSMC's three nanometer wafers and it looks like they're hoarding them and not really advertising this feature so if anyone's looking to run offline LLMs I would strongly recommend that they investigate some of these Apple chips and 36:20.697 --> 36:27.848 the amount of unified RAM, unified RAM that they can accommodate, because I'm on the brink of selling all my gear and buying one of these MacBooks. 36:28.249 --> 36:28.529 Whoa! 36:28.750 --> 36:31.454 And I say that as someone who's never owned an Apple product. 36:31.774 --> 36:33.998 Wow, that's a bold statement indeed. 36:34.018 --> 36:35.019 That really makes me... 36:36.481 --> 36:50.789 Well, it's better than talking to chat GPT if you really think you're gonna use AI to do anything do it locally What did you what do you feed it but you fed it things or you can feed it things Is that how it works? 36:50.849 --> 36:51.329 I don't know. 36:51.389 --> 37:02.755 Well, it doesn't it's it's not it's not quite what people imagine yes, you can you can you can tell the You know the LM to go 37:03.955 --> 37:09.280 read your My Documents folder and tell you information like, you know, on what date did I say this or that. 37:10.821 --> 37:15.084 But you cannot train the AI on your My Documents. 37:15.124 --> 37:15.725 You cannot. 37:16.426 --> 37:17.707 Yes, that's different. 37:17.787 --> 37:24.132 I can't give it all of my virology textbooks or my four versions of the Bible or something like that. 37:24.773 --> 37:26.514 Not the way that you might think. 37:26.714 --> 37:38.639 You can't use that to sort of affect the way that the AI, you can't use that to change the underlying algorithm or influence any of the weights that the AI has. 37:38.879 --> 37:39.819 Interesting. 37:39.839 --> 37:43.201 I kind of assumed it was changing based on that. 37:43.261 --> 37:43.741 Wow. 37:44.081 --> 37:44.401 Right. 37:44.441 --> 37:47.463 This is a major source of confusion. 37:47.503 --> 37:50.504 People think that they're going to be able to do this, and you're not. 37:50.584 --> 37:53.105 The actual training process still requires 37:53.914 --> 37:54.774 supercomputers. 37:55.314 --> 38:08.157 Oh wow I didn't know that so that's really part of the illusion because I swear I just assumed that whatever you fed into it was what it built its language model on like that's hardcore. 38:08.177 --> 38:15.619 Yeah there's a lot of confusion over that and you know I'm not a fan of AI technology in general. 38:17.019 --> 38:21.560 You may recall it was about six months ago I spent a 38:22.348 --> 38:26.410 a lot of time installing local LLMs and I gave up. 38:26.490 --> 38:42.835 I decided they were all junk and fortunately, well, unfortunately for him, but fortunately for me, a friend of mine was laid off by Google and he convinced me to get back into the game and check out Llama 3.2 and we had some conversations about it. 38:43.736 --> 38:49.778 So it's, you know, I have to say it can be useful if you're trying to generate 38:50.816 --> 38:57.721 creative ideas, novel ways of expressing an idea, but it's terrible at answering questions. 38:57.781 --> 39:00.663 Well, if you want to do research using an AI, just give up. 39:02.964 --> 39:05.146 Well, that for me is fine. 39:05.166 --> 39:06.467 I don't mind doing it myself. 39:07.327 --> 39:17.475 Well, to illustrate one of the absurdities of this, all of these AIs, when they were trained on these supercomputers, they were trained on publicly available data sets, databases. 39:20.646 --> 39:24.509 The Enron Corporation, remember Enron? 39:25.089 --> 39:29.272 Right, so the Enron Corporation, you know, dissolved, whatever, 20 years ago. 39:30.613 --> 39:35.696 Their email database, all their internal emails, apparently that become public at some point. 39:36.417 --> 39:43.802 So every LLM is trained on the internal email database of the Enron Corporation, right? 39:46.552 --> 39:54.219 There are a lot of oddities and quirks just in the way these are all developed because they had to rely on publicly available information. 39:55.080 --> 39:56.541 So what would you presume? 39:56.581 --> 40:03.166 That they have their own version that's trained on a much wider or a much different set of, you know what I mean? 40:03.286 --> 40:09.231 Like that seems a pretty randomly dumb set of text or whatever you want to call it. 40:09.271 --> 40:13.155 That data doesn't seem like the best data set to train a large language model on. 40:14.560 --> 40:14.760 Right. 40:14.820 --> 40:24.311 Well, there aren't too many other large data sets that include that are free, that reflect how real people communicate with each other. 40:24.631 --> 40:25.092 Oh, right. 40:25.112 --> 40:27.274 And, yeah. 40:27.374 --> 40:31.839 And so these, these LLMs are not just scraping the web in real time. 40:32.120 --> 40:32.400 Okay. 40:33.129 --> 40:43.174 They were constructed off publicly available databases because the people building them, you know, they weren't going to pay a fortune to access some private, you know, legal database. 40:43.214 --> 40:44.675 Now, some of them did end up paying. 40:45.293 --> 40:47.735 a lot of money to access private databases. 40:47.795 --> 40:52.619 And some of the database owners later came to learn that their data has to be used this way. 40:52.679 --> 41:01.486 Would that be one of the big hidden values of buying Twitter, would be to gather that data for AI? 41:01.946 --> 41:02.407 Certainly. 41:02.427 --> 41:11.594 I mean, years ago, Twitter announced that they would record your draft tweets. 41:12.208 --> 41:18.851 So if you started to write a draft tweet and then you deleted it, never tweeted it, they would record the draft. 41:21.432 --> 41:26.454 So certainly any AI these days is going to be looking for real input. 41:26.655 --> 41:29.376 It doesn't want to be trained on another AI's output. 41:30.336 --> 41:33.618 And the easiest way to get real input is to monitor you. 41:33.718 --> 41:36.319 It's to just observe your habits, it's to see what 41:36.969 --> 41:42.811 You know, so it's it's tempting to log into an AI, for example, that can generate funny images, right? 41:43.591 --> 41:47.072 And you start telling it to draw you an image, you know, of all this crazy stuff. 41:47.452 --> 41:49.673 Well, you're telling the AI a lot. 41:49.713 --> 41:51.454 It's a lot about yourself, right? 41:51.494 --> 41:55.315 Potentially, when you start telling it to draw those crazy images, aren't you? 41:56.515 --> 42:04.178 When you, you know, if the first the first question you ask the AI first time you log in, you know, might tell the AI a lot about you. 42:04.967 --> 42:06.788 or the second question or the third question, right? 42:07.308 --> 42:13.051 And so this allows the people who own the AI to gather information on you, right? 42:13.071 --> 42:17.653 So any sophisticated AI out there requires you to log in, provide your name and everything. 42:18.453 --> 42:25.957 ChatGPT let me log in with my Apple account so I could disguise my Gmail, but it still wanted my name and birthdate. 42:25.977 --> 42:32.980 And at that point, you know, I wasn't gonna give it the truth, but I just decided to bail on the whole thing and just go back to, 42:33.789 --> 42:36.190 Installing a local LLM and working with that. 42:37.150 --> 42:39.951 And so now the AI thinks you're one of those people that's afraid of it. 42:42.132 --> 42:42.452 You know? 42:44.072 --> 42:46.813 Or I'm just too poor to, you know, afford it. 42:46.873 --> 42:47.254 Whatever. 42:47.274 --> 42:49.314 They can think whatever they want. 42:49.334 --> 42:53.756 One thing I'm not worried about right now is the AI getting anything right. 42:53.996 --> 42:54.656 Yeah, I see. 42:55.316 --> 42:57.037 Well, I'm worried about the alternative. 42:57.077 --> 42:58.397 I'm worried about the opposite. 42:58.417 --> 43:00.698 I'm worried about the AI getting everything wrong. 43:01.278 --> 43:01.498 Yeah. 43:02.979 --> 43:03.079 Yeah. 43:03.635 --> 43:05.877 And that's what I think most people ought to be worried about. 43:06.497 --> 43:11.821 That's what, you know, people complained about the Soviet Union doing. 43:11.881 --> 43:18.325 They said, you know, they were listening on everybody's phones, but then the people who were doing the eavesdropping were idiots. 43:18.365 --> 43:20.887 And they'd go and arrest people who weren't doing anything wrong. 43:21.307 --> 43:22.508 Right. 43:22.548 --> 43:24.009 Husband and wife would split up. 43:25.010 --> 43:30.073 One of them would make accusations against the other to the police, and that person would get arrested and thrown in prison. 43:30.113 --> 43:31.514 And they'd never done anything wrong. 43:32.095 --> 43:32.295 Right. 43:33.098 --> 43:37.701 And so, you know, that delegitimized the Soviet Union. 43:37.741 --> 43:39.723 It caused people to lose faith in the government. 43:41.264 --> 43:46.327 And an AI that's equally clumsy is, I think, going to have similar effects. 43:46.347 --> 43:47.949 It's just going to cause people to lose faith. 43:52.052 --> 44:02.219 I didn't come necessarily prepared with a lecture on AI and implications, but... It's a good topic to end on because I thought it was a nice way you did that to 44:03.277 --> 44:04.898 to see what the AI would come up with. 44:04.938 --> 44:08.680 I guess I, uh, I I'm really excited that I had this discussion. 44:08.720 --> 44:10.502 I'm really excited that I got this down. 44:10.822 --> 44:14.064 Um, I really, I don't know. 44:14.104 --> 44:19.147 I think maybe you should think about, you know, maybe you could teach an LSAT class or something. 44:19.187 --> 44:19.947 I don't know it. 44:20.228 --> 44:21.889 You were really good with these kinds of things. 44:21.929 --> 44:22.369 I like that. 44:23.479 --> 44:27.503 Well, uh, you know, this one was really, really good. 44:27.563 --> 44:37.151 This way you, way you explained government is always right versus the government is always wrong is really very similar to, I mean, there's a number of different way. 44:37.171 --> 44:39.093 I mean, innocent until proven guilty or not. 44:39.153 --> 44:41.856 Like, I mean, it's, it's, uh, exactly, exactly. 44:42.576 --> 44:46.700 And you, and it's, it's, and it's not innocent until proven guilty. 44:46.740 --> 44:48.642 It's actually presumed innocence. 44:49.703 --> 44:51.144 until proven guilty. 44:51.204 --> 44:52.486 Presumed innocent. 44:52.906 --> 44:54.988 Nobody ever actually says you're innocent. 44:56.930 --> 45:00.133 You're just entitled to the presumption. 45:00.173 --> 45:01.354 It's due to you. 45:01.554 --> 45:02.575 It's due to you. 45:02.595 --> 45:04.777 The presumption. 45:05.018 --> 45:06.419 This is such a good class. 45:07.900 --> 45:10.103 You know, these are just ordinary words. 45:11.740 --> 45:14.861 Yeah, but in these combinations are very, very precise. 45:14.921 --> 45:18.963 That's the point, is that when used correctly, they're very, very precise. 45:19.203 --> 45:19.503 Yes. 45:21.464 --> 45:23.445 That's why I really want to use them correctly. 45:23.505 --> 45:24.445 So I'm really excited. 45:24.465 --> 45:25.786 Presumed innocent. 45:25.826 --> 45:29.307 Don't get snowed by people who use them imprecisely. 45:29.407 --> 45:29.707 Right. 45:31.328 --> 45:33.148 You can tell up front. 45:34.029 --> 45:34.589 I love it. 45:34.629 --> 45:36.890 Somebody knows what substantive due process is. 45:39.139 --> 45:40.800 Uh, are there really people out there? 45:40.880 --> 45:47.283 Are there really people out there that say there's no such thing as substantive substance to substantive stuff? 45:47.423 --> 45:49.924 No, there is no, there's absolutely no such thing. 45:50.705 --> 45:52.786 What, uh, you know, I'll, I'll tell an anecdote. 45:52.906 --> 46:06.012 I, I, I was fortunate to go to a loss, a school that taught substantive that the talk about substantive talks about substantive due process and the kind of terms I'm explaining it here really on day one. 46:06.955 --> 46:16.202 Um, I had a social meeting a few weeks later with somebody who is, you know, well established, let's say the profession very high up there. 46:16.222 --> 46:19.425 And he asked, you know what, how are things going? 46:19.445 --> 46:20.185 What do you learn about? 46:20.205 --> 46:23.868 And I said, you know, Oh yeah, we learn about procedural versus substantive due process. 46:24.369 --> 46:25.329 His jaw dropped. 46:26.971 --> 46:32.035 He said, you know, most people don't learn what substantive due process is till they get out of law school. 46:33.516 --> 46:34.997 That's why that's the way he explained it. 46:36.181 --> 46:37.922 But they do learn what it is. 46:39.182 --> 46:40.883 People who need to know, learn what it is. 46:41.963 --> 46:44.264 There's no shortage of people who understand this stuff. 46:44.344 --> 46:47.805 What there is a shortage of is people who are willing to explain it. 46:48.305 --> 46:56.508 Yeah, I see people who are willing to give up on that, you know, that trick that, you know, the world talking to the king, right? 46:56.688 --> 46:58.989 Using magic words that the public doesn't understand. 46:59.649 --> 47:00.409 But the public does. 47:00.509 --> 47:01.970 The public can understand this stuff. 47:02.310 --> 47:03.150 It means what it says. 47:08.092 --> 47:09.092 Yeah, it's fantastic. 47:09.152 --> 47:10.012 I don't know what to say. 47:10.112 --> 47:15.753 I know other than that, man, if all of law school is like this, then no wonder it's brutal. 47:18.374 --> 47:25.975 I mean, because again, it's precision, you know, the precision of it, I enjoy, but the precision is also very, is also very rigorous. 47:26.075 --> 47:32.376 And, and, and I mean, maybe if you do it all day, every day, it's not so tiring, but I find it very, very tiring. 47:32.436 --> 47:36.277 It's a, it's a high level of processing all the time. 47:36.337 --> 47:36.717 It's nice. 47:38.747 --> 47:40.468 It can become routine after a while. 47:40.488 --> 47:44.369 It can become like pattern recognition. 47:46.030 --> 47:49.451 It's sort of like maybe the way people read Chinese characters. 47:50.652 --> 47:55.854 After a certain point, they're not necessarily breaking down the stroke order in their head every time they read one of these characters. 47:55.894 --> 47:59.235 They start to kind of just understand what some of them mean. 48:01.055 --> 48:07.318 But it may be also similar in that people believe there are layers of meaning here and there, and sometimes there are layers of meaning. 48:08.390 --> 48:14.839 There is all this doctrine, all you know, all this loose talk about this concept of due process. 48:14.919 --> 48:16.842 But at its its core, you can. 48:17.362 --> 48:22.209 I think it's easy for anyone to tell when up when up when when something is due to them. 48:22.770 --> 48:23.010 Right. 48:23.591 --> 48:25.474 If you take away my Seventh Amendment right. 48:26.880 --> 48:31.402 there's some process you have, you ought to be able to follow or you ought to be required to follow. 48:31.522 --> 48:31.782 Yes. 48:32.803 --> 48:35.844 And it needs to be, you know, a process that I can see. 48:35.864 --> 48:38.805 I can look it up in a public database for free and read about it. 48:38.825 --> 48:43.447 They had to have been established by a legislature signed into law by the president. 48:44.768 --> 48:46.708 There's a process all along the way. 48:47.389 --> 48:52.531 And if that process infringes on your fundamental right, then 48:53.510 --> 49:19.536 you know ordinarily yes you are do or so well that they got the government get strict scrutiny there's a that you know they have to justify that and so uh... now what is it i'll say one last thing maybe will walk and when it's challenged okay two ways of challenging a law uh... when challenging constitutionality of the law is this was called a facial challenge and as applied challenge facial challenge means 49:20.558 --> 49:22.239 You're just looking at the words on paper. 49:22.299 --> 49:27.840 You're saying this law, the way it's written, I can tell you right now, violates the constitution this way, that way, right? 49:28.661 --> 49:36.683 Now, an as applied challenge could mean that this law as written doesn't seem to violate the constitution, but the way you're using it sure does. 49:36.703 --> 49:37.703 Okay? 49:38.063 --> 49:42.905 The way you're using the law here, you know, discriminates against people on the basis of race or something like that. 49:42.925 --> 49:45.046 It's called an as applied challenge. 49:45.086 --> 49:46.006 Now, I would argue that 49:46.775 --> 49:51.676 When you've got a law that says, Here's the process for depriving people of their Seventh Amendment right? 49:52.436 --> 49:54.877 Okay, basically, with the law says, Here's the process. 49:55.917 --> 49:56.137 All right. 49:56.878 --> 50:04.279 Um, that, uh, that that process needs to be held to strict scrutiny. 50:04.299 --> 50:10.741 I mean, that process is, you know, that that process, if you go and read it, okay, 50:11.434 --> 50:16.217 It ought to have in there some requirement that the secretary actually do some science for starters. 50:16.297 --> 50:16.697 Okay? 50:17.358 --> 50:32.427 Uh, that secretary actually, uh, draw, you know, draw on some particular database or some particular source of information and read, you know, weigh risks and benefits, let's say, and make a determination that the benefits of this therapy outweigh the risk. 50:32.927 --> 50:33.227 Okay? 50:33.287 --> 50:34.388 A simple thing like that. 50:35.791 --> 50:37.912 might ask that that be part of the process, right? 50:37.972 --> 50:41.854 But if you look at how this law is written, it's not part of the process. 50:42.975 --> 50:46.117 And so you can bring a facial challenge just based on that. 50:47.678 --> 51:02.906 And this law, this law as written, violates substantive due process because the secretary is given authority to issue emergency emergency declarations without doing anything. 51:03.006 --> 51:04.387 Really, you know, they 51:05.063 --> 51:16.513 It says the secretary, you know, can shall I think, you know, like consult or something like that or consider, you know, I think the verb they use is consider secretary shall consider, shall consider, shall consider. 51:17.314 --> 51:29.765 You know, normally when you review these things, I think you look for words like, you know, make a finding that, you know, find that, you know, this this is better than that, right? 51:29.785 --> 51:30.726 Find find that the 51:32.130 --> 51:36.152 you know, that the benefits outweigh the risks generally, okay? 51:36.232 --> 51:38.252 At a bare minimum, right? 51:38.633 --> 51:45.615 When you've got a law that doesn't even require that, then I'm not sure that you need to do an as-applied challenge. 51:45.655 --> 51:49.397 I'm not sure you need to look into all the different ways the law was applied. 51:49.437 --> 51:53.659 I think you can look at the text of it and say, no, just on its face. 51:53.679 --> 51:59.681 This law, right, violates principles of substantive due process. 52:00.259 --> 52:09.784 But in order to do that, you first have to make the argument that this kind of activity should not be subject to rational basis test, right? 52:09.964 --> 52:13.086 The struggle is between strict scrutiny and rational basis test. 52:14.286 --> 52:26.473 And so right now you have 99% of the Internet saying or agreeing that rational basis test is appropriate here and not understanding 52:27.139 --> 52:34.424 what strict scrutiny is, not understanding what substantive due process is, not understanding what due process is. 52:36.765 --> 52:40.728 And if they try to Google any of this stuff and get educated, it won't happen. 52:42.629 --> 52:45.951 There's less information on this today than there was two years ago. 52:47.332 --> 52:52.936 If I Google it, these topics now, I get less informed than I did just a few years ago. 52:55.497 --> 52:56.338 And it's not because 52:57.438 --> 52:58.799 Judges aren't attentive to this. 53:00.280 --> 53:00.821 And we are. 53:00.921 --> 53:02.282 We are the opposite reason. 53:02.302 --> 53:06.665 And maybe for the opposite reason, really, it's because courts are noticing this and are talking about this. 53:08.286 --> 53:17.554 And and so the argument, the argument is, is that we are due substantive due process because a fundamental right is being suspended or something like that. 53:17.594 --> 53:17.894 Right. 53:17.974 --> 53:18.174 Yeah. 53:18.594 --> 53:19.615 A fundamental right. 53:19.715 --> 53:20.136 All right. 53:20.176 --> 53:21.417 To sue these companies. 53:23.298 --> 53:26.761 Is the secretary is being given authority to just put that on hold. 53:27.081 --> 53:27.241 Right. 53:28.154 --> 53:28.314 Right? 53:29.135 --> 53:29.495 Okay. 53:30.196 --> 53:33.679 Well, the secretary better have a damn good rationale. 53:34.920 --> 53:37.102 The secretary better be somebody we can trust. 53:37.702 --> 53:47.031 There better be some kind of checks and balances in there because again, due process goes back to fairness, notice, opportunity to, for, you know, for hearing that kind of stuff, right? 53:47.771 --> 53:52.375 We're going to suspend, you know, fundamental rights without anything like that. 53:52.736 --> 53:55.458 No opportunity for the public to even comment on it. 53:56.542 --> 53:56.722 Right? 53:57.563 --> 54:03.007 These are all processes that we take for granted and they're processes, they're procedures that are due to us. 54:03.848 --> 54:04.068 Right? 54:04.569 --> 54:06.490 But in this case, nobody thinks to ask for them. 54:07.271 --> 54:08.892 The secretary says it's an emergency. 54:09.993 --> 54:14.737 Not even the president, secretary, secretary of health and human services says it's an emergency. 54:15.458 --> 54:17.800 And you know, boom, your rights are gone. 54:17.960 --> 54:20.282 And you know, here we are three years later, four years later. 54:23.064 --> 54:23.544 Sweet. 54:24.025 --> 54:25.306 Oh my gosh, I got it. 54:27.176 --> 54:28.056 I'm gonna rip this up. 54:31.637 --> 54:32.058 All right. 54:32.878 --> 54:34.178 Shall we call it? 54:34.398 --> 54:34.658 Yeah? 54:35.539 --> 54:37.499 You wanna have a- I think that's all I got to say. 54:37.519 --> 54:40.720 You know, again, world's oldest profession, okay? 54:42.061 --> 54:43.121 Yeah, you're a prostitute. 54:43.141 --> 54:43.721 Don't forget it. 54:43.921 --> 54:44.942 We're all prostitutes. 54:45.742 --> 54:46.802 Yeah, right, exactly. 54:49.543 --> 54:51.324 All right, well, thank you very much, regular guy. 54:51.364 --> 54:52.544 Go back to your eagle's nest. 54:53.384 --> 54:54.525 All right, I'm signing off. 54:54.745 --> 54:54.985 Later. 54:56.872 --> 55:03.739 So yeah, that is an interesting place to be now. 55:04.600 --> 55:05.180 Where is that? 55:05.701 --> 55:06.281 It's over here. 55:07.122 --> 55:08.283 What is this thing doing? 55:08.443 --> 55:09.164 Gosh darn it. 55:10.605 --> 55:14.389 So that was, oh no, just quit already. 55:14.409 --> 55:20.255 You know, you're such a stupid, stupid program, stop. 55:21.610 --> 55:21.970 Quit. 55:22.671 --> 55:23.191 Zoom. 55:23.712 --> 55:24.633 Oh, gosh. 55:25.413 --> 55:26.494 Look at this horror. 55:28.456 --> 55:29.476 Sorry about that, guys. 55:29.536 --> 55:30.717 OK, hold it, man. 55:30.838 --> 55:32.639 What a nightmare that is. 55:34.921 --> 55:39.324 So I think this is really going to be handy for us. 55:39.545 --> 55:42.607 And the reason why I think it's going to be handy for us, I guess I can go over here. 55:44.408 --> 55:46.730 I think it's going to be really handy for us because, 55:50.037 --> 56:14.446 Of course, what we have been trying to do and what we're trying to discuss here is the way that the PrEP Act kind of prevents us, maybe even the national vaccine, I don't know what it is, NVCI or whatever, we'll look these up, maybe that's the 21st Century Cures Act, but these different legislative texts which allow these 56:16.354 --> 56:18.895 different changes to be made upon declaration. 56:18.975 --> 56:35.080 We need to be very careful to identify places where fundamental rights are being taken or suspended or ended or suspended is maybe a pretty decent word. 56:36.040 --> 56:41.782 And then decide whether or not we're in a situation where the government, we should default that the government's always right. 56:43.155 --> 56:47.178 and the rational basis test is sufficient. 56:47.218 --> 56:52.562 And that was, I think I remember regular guys saying something like zoning laws. 56:53.542 --> 57:05.271 So you could think of zoning laws as something that, you know, if the government decides that they're gonna zone this as a business district, it's not something that they have to, you know, have a, 57:06.297 --> 57:09.619 a giant legal explanation for why they're doing it. 57:09.659 --> 57:16.564 They can just say, you know, well, hypothetically speaking, hypothetical reasons can also be passed the rational basis test. 57:17.164 --> 57:24.408 Hypothetically speaking, we think that because these, this area is by the river, it has a natural tendency to be a good business district. 57:24.428 --> 57:26.970 So he decided to do that and that would be enough. 57:28.211 --> 57:31.293 But if they're taking away fundamental rights, 57:34.437 --> 57:40.958 then we have to start from the perspective that the government is always wrong, that the government's not allowed to do that. 57:42.299 --> 57:45.239 And then the government should have to justify itself. 57:45.939 --> 57:47.900 And that is called strict scrutiny. 57:50.000 --> 57:55.521 And so I think this is really an important place to start, because again, how are we going to attack these laws? 57:55.581 --> 57:58.702 How are the lawyers that are out there attacking these laws? 58:00.362 --> 58:00.482 And 58:01.940 --> 58:02.860 I'm very excited. 58:03.101 --> 58:07.803 I think I am going to save this for tomorrow, but tomorrow I'm going to come on in the morning. 58:07.823 --> 58:14.865 I have to check when the boys want to do basketball, but I think I'm going to come on in the morning pretty early and start this up. 58:16.006 --> 58:19.047 And do... What have I done here? 58:19.087 --> 58:19.467 An hour. 58:20.308 --> 58:22.209 And I could do it tonight. 58:25.310 --> 58:27.151 It'll be very late though if I do it tonight. 58:28.936 --> 58:30.277 I'm going to see what I think here. 58:30.957 --> 58:41.382 But the point is, is that we're going to talk about this and I think it's really important that we look at maybe something that Soothspider put in the chat a few days ago. 58:43.202 --> 58:52.887 There is a complaint or a set of complaints that was filed by Aaron Seery and or a lawyer in conjunction with Aaron Seery and 58:54.522 --> 59:04.691 It might be an instructive thing to try and read that set of complaints to see if any of these words or concepts are used and when they're used, how they're used. 59:04.751 --> 59:06.753 What fundamental rights is he fighting for? 59:06.813 --> 59:09.775 What fundamental rights is he identified or not? 59:11.577 --> 59:17.562 And what things is he asking for or arguing about in that complaint? 59:17.602 --> 59:21.606 Because if he's written a complaint against the PREP Act, it could be very interesting. 59:22.555 --> 59:25.438 And I want to take a good look at it. 59:25.958 --> 59:41.192 But I want to understand better these terms simply because my gut feeling told me a while ago that the Seventh Amendment was the right way out. 59:41.612 --> 59:44.855 And I've heard this from a number of people. 59:47.392 --> 59:52.575 And I really feel like it's important to sort that out, to be at least in a place where I can discuss it. 59:52.595 --> 59:57.618 And so that was, I'm very happy that we got to talk about this, because I do think I understand that. 59:57.798 --> 01:00:02.141 I think that's a very easy way to understand this. 01:00:02.301 --> 01:00:10.646 And if you see it that way, when you're suspending a fundamental right, when you're infringing on a fundamental right, then the government should be assumed to be wrong to do that. 01:00:12.647 --> 01:00:16.410 And if they are allowed to do it, that what they, the justifying, 01:00:17.267 --> 01:00:23.943 to do it should pass what is called legally strict scrutiny, meet the standard of or the 01:00:28.467 --> 01:00:30.988 meet strict scrutiny, meet the standard of strict scrutiny. 01:00:31.028 --> 01:00:38.070 I don't know if exactly, I mean, obviously I'm not a lawyer, so you're not gonna hear perfect combinations of these words, but I do think that I understand these concepts. 01:00:38.491 --> 01:00:45.473 It's about where the burden of proof lies and who is presumed innocent until proven guilty. 01:00:45.953 --> 01:00:47.894 Is it the, you know, us or them? 01:00:48.995 --> 01:01:03.407 And I really liked his explanation of due process, and it is really just a process that you are due by the king, like a ritual or procedure, so that you feel fair, so that you will accept the outcome, even if it's not the outcome that you wanted. 01:01:03.447 --> 01:01:11.553 And I think, again, you know, the oldest profession in the world is really, it's just a really fascinating place to be right now. 01:01:11.673 --> 01:01:16.637 Essentially, the American system offers us a legal way out. 01:01:17.711 --> 01:01:20.133 The American system offers us a way out. 01:01:20.413 --> 01:01:20.914 It's there. 01:01:21.014 --> 01:01:27.059 That's the beauty of the constitution, irrespective of all the laws that have ever been written and enforced. 01:01:27.679 --> 01:01:39.670 If the constitution is used as the barricade that it should be, I think that we can still protect our republic. 01:01:39.750 --> 01:01:42.392 I think we can still maintain our republic. 01:01:42.412 --> 01:01:44.694 We just have to have people that are willing to fight. 01:01:45.839 --> 01:01:48.521 and willing to use the tools that our forefathers gave us. 01:01:48.582 --> 01:01:51.084 And I think this is gonna be the start of it. 01:01:51.124 --> 01:01:53.646 This understanding is gonna be the start of it. 01:01:55.448 --> 01:02:07.439 And I think inspecting or interrogating what people have done up until now and how they approach it, what ideas they use to approach it is gonna really reveal exactly how hard they're working. 01:02:09.140 --> 01:02:11.742 Because if they're not trying to hold the government 01:02:12.699 --> 01:02:36.826 in the context of the PrEP Act to strict scrutiny standards if they're not trying to enforce the fact that some fundamental right is being violated and therefore the government is by default wrong to do it and that this power is too much, it's unconstitutional. 01:02:36.866 --> 01:02:41.528 That should be the default and then it should be evaluated very, very 01:02:44.534 --> 01:02:47.697 Yeah, I mean, we really need to be evaluating this in a different way. 01:02:47.757 --> 01:03:04.356 We need to be able to think about it in the right way, and we need to be able to say the right words so that when we talk to lawyers, that when we tweet at lawyers, and when we post questions in their sub stacks, that we're posting questions that they themselves have a hard time dealing with because of the precision that we use. 01:03:07.506 --> 01:03:10.768 And so I really feel like we are sharpening our sword here. 01:03:11.368 --> 01:03:15.691 And I'm really happy that we have somebody like regular guy to help us sharpen our sword. 01:03:19.593 --> 01:03:24.936 It's too bad his large language model on this graphics card didn't help us very much, but it's okay. 01:03:25.197 --> 01:03:26.337 He knew what he was talking about. 01:03:26.557 --> 01:03:33.021 So substantive due process versus procedural due process. 01:03:33.081 --> 01:03:33.982 And I liked the first, 01:03:35.148 --> 01:03:56.984 part of that well procedural due process only exists because there is substantive due process anyway that I think is good this is this is a good place to pause I'll be on tomorrow morning I think it's 830 though I could really just keep going maybe I need to take a pause get a drink I don't know my throat feels pretty tired 01:04:05.854 --> 01:04:20.725 I really wonder, have you seen, for example, have you seen that the Pandemic the musical actually got a Rolling Stone article? 01:04:22.507 --> 01:04:24.108 Rolling Stone actually did an article. 01:04:25.469 --> 01:04:31.814 And then actually if you click on the article, one of the links actually brings you to even more articles about Plandemic. 01:04:34.403 --> 01:04:35.884 I thought these guys were censored. 01:04:37.665 --> 01:04:40.927 I thought nobody could hear about them, but they're on IMDB. 01:04:41.748 --> 01:04:42.949 They're on Rolling Stone. 01:04:44.550 --> 01:04:46.231 They're on Rolling Stone. 01:04:46.251 --> 01:04:46.331 What? 01:04:52.315 --> 01:04:54.176 They won't talk about this stuff, guys. 01:04:54.216 --> 01:04:55.716 They just won't talk about this stuff. 01:04:55.777 --> 01:04:56.577 I don't know what to say. 01:04:56.657 --> 01:04:57.677 It's really frustrating. 01:04:57.697 --> 01:05:01.499 They won't talk about MDEMnicity because they don't want you to know it's just a background. 01:05:01.519 --> 01:05:03.700 They just want you to believe that COVID shots are bad. 01:05:03.740 --> 01:05:04.981 We need a new consensus. 01:05:05.581 --> 01:05:06.741 I'm going to see you in the morning. 01:05:07.962 --> 01:05:11.343 And in the morning, I think we're going to talk about Aaron Seery. 01:05:12.124 --> 01:05:18.046 And we're going to talk about Aaron Seery's complaint in... Where is that complaint? 01:05:18.567 --> 01:05:18.887 I don't know. 01:05:18.947 --> 01:05:19.567 I'll figure it out. 01:05:21.222 --> 01:05:22.443 Where is the complaint? 01:05:26.865 --> 01:05:29.166 I gotta load it to my reader too. 01:05:31.827 --> 01:05:33.427 Oh yeah. 01:05:33.947 --> 01:05:47.933 The complaint is in United States Court Western District of Louisiana Monroe Division and it is a third amended verified complaint for declaratory relief 01:05:50.328 --> 01:05:53.369 And it is, yeah, we're gonna read this. 01:05:53.749 --> 01:05:55.129 It's for four or five people. 01:05:57.190 --> 01:05:57.790 It's pretty weak. 01:05:58.750 --> 01:06:17.434 And I think we're gonna be able to do a little work here tomorrow to show how it is pretty sketchy that CHD and ICANN are both just not saying, the lawyers at CHD, you know, like Mary Holland, like Robert F. Kennedy Jr., 01:06:18.879 --> 01:06:45.150 These lawyers aren't really saying what they probably should be saying and I don't really know why anymore And it's very frustrating to me, but we're gonna figure it out and we're gonna keep pushing forward because I think at this stage right now We are we are so many dominoes ahead of them that There's so many responses that are because of us and because of our work If you just see it that way if you just realize you don't need to look at it as as us 01:06:46.110 --> 01:06:47.211 trying to keep up with them. 01:06:47.251 --> 01:07:01.344 You need to see that actually already several months ago the tables have turned and they're basically chasing us now and trying to make it seem like they were always thinking like we're thinking and they weren't because they weren't supposed to. 01:07:01.464 --> 01:07:11.052 Now they're supposed to pretend like they were in an attempt to do an end around and pretend like this is where they always were and that's how you can see how dark this has become. 01:07:11.906 --> 01:07:14.027 That's how you can see how close we are to winning. 01:07:15.607 --> 01:07:19.629 They are still trying to play the cards they were trying to play, just in a different combination. 01:07:20.329 --> 01:07:22.870 And I think we can really cash in on this. 01:07:22.910 --> 01:07:29.553 Don't forget, there's a live stream, live event, November 3rd, here in Bethel Park, PA. 01:07:30.994 --> 01:07:35.175 Unless 250 people show up, we're not gonna run out of spots. 01:07:35.856 --> 01:07:41.578 You have to take care of your own hotel and travel, but I do think it's gonna be a very, very nice little gathering 01:07:42.441 --> 01:07:46.263 And I do think it's going to be a very nice weekend because of Brownstone being here. 01:07:46.283 --> 01:07:52.187 I think there's a lot of potential interesting evenings and a lot of potential connections to be made. 01:07:52.827 --> 01:07:55.769 And so anyway, with that, I guess I'm going to sign off. 01:07:56.049 --> 01:07:57.910 Thank you, Regular Guy, for coming on. 01:07:58.170 --> 01:08:00.752 And that'll be it, I guess. 01:08:06.235 --> 01:08:08.256 This is a spontaneous Regular Guy show. 01:08:10.399 --> 01:08:13.021 We are in and out of contact. 01:08:14.642 --> 01:08:20.126 And I had thrown him a question a while ago about this stuff. 01:08:21.467 --> 01:08:34.215 And then in my chat the other day, and also on Soapbox, Soothspider posted this complaint that Aaron Seery had filed about the PREP Act. 01:08:34.275 --> 01:08:37.577 And so I started reading it, and I noticed in the filing that 01:08:38.869 --> 01:08:41.652 that the Fifth Amendment was mentioned a lot. 01:08:41.692 --> 01:08:45.917 I didn't really understand what that was and why that would be mentioned. 01:08:46.117 --> 01:08:59.452 And so in asking some pretty good questions and thinking about what's going on here, it just seemed like a good idea to ask a regular guy and now we got a little answer. 01:09:00.600 --> 01:09:03.181 Thanks for joining me, and I will see you again tomorrow morning. 01:09:03.241 --> 01:09:06.943 I think it's gonna probably be pretty early, like 9.30 or 10 o'clock. 01:09:07.023 --> 01:09:08.624 It's scheduled for 10 o'clock, I think. 01:09:08.744 --> 01:09:10.505 Or maybe I even erased Saturday morning. 01:09:10.545 --> 01:09:11.906 Did I erase Saturday morning? 01:09:13.127 --> 01:09:14.007 Oops, sorry. 01:09:14.667 --> 01:09:15.648 I gotta put it over here again. 01:09:16.949 --> 01:09:18.749 I think I erased Saturday mornings. 01:09:21.124 --> 01:09:24.226 which is possible, but that doesn't mean I'm not going to do a show. 01:09:25.808 --> 01:09:28.490 And yes, we are going to try and stick to the schedule next week. 01:09:29.210 --> 01:09:31.952 As printed, there's an away game on Tuesday or Monday. 01:09:31.972 --> 01:09:35.315 I think there's away game on Monday and away game on Tuesday. 01:09:35.335 --> 01:09:38.377 Away games mean that I am having an interview. 01:09:39.538 --> 01:09:46.563 And generally speaking, it also means it's a recorded interview that I'm not going to stream, but I will record it so that worst case scenario, I can post my end. 01:09:47.549 --> 01:09:54.152 Um, and so that's how I'll annotate it on the schedule from now on away games or interviews on other people's platforms. 01:09:54.192 --> 01:09:57.453 And if I can tell you where I'll definitely tell you where in the parentheses. 01:09:58.073 --> 01:10:02.935 Thank you very much for joining me and I'll see you again tomorrow morning for a Aaron Siri. 01:10:03.375 --> 01:10:05.376 Interesting, interesting show. 01:10:05.436 --> 01:10:07.197 I think it's going to be a really interesting show. 01:10:07.237 --> 01:10:15.900 I'm really excited because I think we can make some progress in explaining to people why I say seventh amendment and how we can argue for it.