You can not select more than 25 topics Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.

2357 lines
71 KiB

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.