Michael Berry Guest Hosts the Clay & Buck Show

27 Dec 2021

EIB Guest Host Michael Berry from NewsRadio 740 KTRH in Houston kicked off the final days of ’21, saluting heroic parents fighting for education and interviewing Rush Limbaugh guest host and Hollywood rebel Nick Searcy about his latest project, the movie Capitol Punishment.

Listen to Michael Berry guest hosting the Clay & Buck Show via the podcast — and subscribe!

Let’s go, Brandon. We’ll promote some real heroes, like Stuart Scheller, Jr. (look him up) @MarineLTStu, @realchrisrufo, @DrJBhattacharya,@MrAndyNgo, @RichardGrenell, @JaniceDean, @IvoryHecker & we discuss @yesnicksearcy‘s important new doc about Jan 6, https://t.co/T7NfeH2lv1. https://t.co/jSw9mnvHOR

— Michael Berry (@MichaelBerrySho) December 27, 2021

DCFN: Parents who fight to take back their children’s education face ‘radical and entrenched’ pushback
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New York Post: Display window at trendy Herald Square shop smashed, clothing swiped from mannequins
New York Post: I’m leaving NYC — to protect my children from its feckless leaders – Karol Markowicz
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HotAir: Fauci: Sure, I’d support a vaccine mandate for domestic air travel
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GovExec.com: Lawmakers Probe Army Recruiter Suicides
Military.com: Marcus Luttrell Is the Lone Survivor
Newsweek: Richard Marcinko: Tributes Paid to Navy SEAL Team Six Founding Commander
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BizPacReview: Wasserman Schultz says DeSantis is to blame for lack of Covid tests, not Biden. Huh?

When Joe Biden said “Let’s go Brandon, I agree”, he alienated our proud Latino neighbors by not also saying “Vamos Brandon.” Absolve yourself of your white guilt by singing along or I’m telling HR.https://t.co/alLMSTzSIT

— Michael Berry (@MichaelBerrySho) December 27, 2021

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Michael Berry Hosts a Christmas Eve Tribute to Rush

24 Dec 2021

EIB Guest Host Michael Berry from NewsRadio 740 KTRH in Houston hosted a special Christmas Eve edition of the program, a tribute to the Greatest of All Time, our beloved Rush Limbaugh. He played clips from Rush’s Christmas Eve show last year, and visited with James Golden, aka “Bo Snerdley.”

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The Return to American Exceptionalism Begins in 2022

23 Dec 2021

CLAY: As we come up on the end of the 2021 year for Buck and I, want to just talk with you a little bit about what the experience of the first six months has been like for both Buck and I being able to be with you guys for 12 to 3 every single day, and this is kind of the way I wanted to close out the show.

Buck was on with you Monday and Tuesday. I’m with you today and yesterday. We’re gonna have Michael Berry in for Christmas Eve. I know a lot of you still have to work, a lot of you are still gonna be wanting to get a daily update of what’s going on. We’re gonna have a best-of on Christmas for you guys and then next week Michael Berry will be in. Buck and I will be back soon.

Ali who does great work on our staff — and I wanted to keep all the staff because when Rush passed, people had an opportunity to leave and go do many other different things, and almost the entire behind-the-scenes staff that had been working with Rush for a long time, they all stayed with us. And we knew how important and how big the shoes were that we were trying to fill.

In fact, Buck said it well, I thought, in a recent profile that was done of us where he said, you know, there was a recognition from our boss, Julie Talbott, that any one person trying to fill Rush’s shoes was gonna be incredibly difficult to do, which is why each of us have tried to take one shoe. And I got — and Ali, if you want to send this to me again, I thought it was really well said. One of the VIPs reached out to us and sent a message about what the experience for her had been listening to this show. And it was incredibly, you thought, gratifying to kind of put into perspective what she was saying about the experience that she had with the show. And I put Ali on the spot now and I can see her rushing to her phone to see if she sent it. She sent it to me.

But what I want you guys to know is Buck and I consider it to be an incredible privilege to talk to you every single day. I started doing radio, local Nashville sports talk radio — in fact, some of you listening to us on our local Nashville affiliate, 1510 AM, 98.3 FM, started listening to me 10, 15 years ago on local sports talk radio and now you listen to me here. And people said when I decided to make the move, “What in the world are you thinking, leaving sports?”

And the reason that I wanted to be able to talk to you guys every day is I love sports. Rush loved sports. Many of you listening to me right now love sports. I’m excited, as I said earlier, to watch tonight’s Thursday night NFL game between the San Francisco 49ers and the Tennessee Titans.

Sports are always going to be a big part of my life. But they don’t really matter. They don’t matter in the grand scheme of the world very often at all. A team’s gonna win, a team’s gonna lose. You can be happy or sad based on what happens there. But what matters in our country right now for me as a dad of a 13- and 11-year-old and a 7-year-old is seismically, massively important. And what I’m so gratified by in the first six months that we’ve been able to talk to you guys is I really do believe that Buck and I, through the platform that Rush helped to establish, are winning a lot of battles for sanity on a day-to-day basis.

And I got this message from an EIB VIP that Ali forwarded to me, and I thought she summed it up really well. And I just want to read it to you guys as a way of saying thank you. Thank you to her, but also to you guys. And here’s the message that she just sent, I believe today, and Ali just forwarded it to me during the show and I read it during one of our commercial breaks, and I want to say thank you to her for sending this.

This is from Susan and Al:

“Clay and Buck, I want to thank you and congratulate you for doing a fantastic time carrying on the EIB tradition of Rush Limbaugh. My husband and I have listened to Rush for the 33 years he was on the air. Needless to say, like millions of our Rush friends we were so sad and devastated when Rush passed away last February. He truly was the Greatest Of All Time, an encouragement and inspiration to us all and a friend we could listen to each day.

“You both have done an amazing job continuing Rush’s fight for all that’s good about the USA. I think it was brilliant to not have one person but two step into Rush’s shoes. And the fact that you are a younger generation is sheer brilliance because you are appealing to the younger generation of conservatives. Our son is 34 and has always been conservative, but he rarely listened to Rush because he had heard too much of the mainstream media disparage him. One day recently he said to me, have you heard Clay and Buck? They are fantastic and are perfect for my generation. He listens to your podcast so he can hear you when it’s convenient. He even set your podcast up on my phone. But I’m able to listen to you live so rarely, use it. LOL.

“We love everything about your show, from your commentary to your guests. You both make a great team and make your listeners feel like they’re right there with you, just like Rush did. And we love the fact that you both continue to give a daily salute to Rush. He will never be forgotten, and you are giving us all hope and encouragement. The best is yet to come in the USA. Thank you, and God bless you both. Susan and Al.”

Thank you to Susan and Al. I mean, I think that is just so perfectly well said. That’s what Buck and I are trying to do for all of you guys every single day, and so far in the first six months — I know I’m speaking for Buck as well — we couldn’t be happier to be able to speak to you guys every single day.

BREAK TRANSCRIPT

CLAY: It’s gonna be really interesting to see as we roll into 2022, that I know 2021 for so many of you out there listening has been an incredibly difficult year, with all that has gone on, for a variety of different reasons, both business-wise, personal, professional, so many different challenges. But I feel like we started to see sanity returning in a big way in November.

I feel like the story of 2021, in terms of moving into 2022, is what happened in Virginia. I believe — and I am a wild optimist — I really do believe that things are always going to get better. And I believe that if you look at American history, sanity typically prevails. Benjamin Franklin said, “Passions govern, and they never govern wisely. ” We have allowed social media passions to govern our country for much of the past several years. Then we combined it with a once-in-a-hundred-year pandemic, and our response to it has been a disaster. But I believe every single day there are more people signing up for Team Logic, for Team Reality, and for Team Sanity. And I know that many of you out there listening to this show are fervent believers in all three of those things.

And I think the great masses of Americans are going to rise up in 2022 as we saw them rise up at the end of 2021. And I believe we are going to see a red tide the likes of which we may have never seen before in the history of this country. And I believe many of the people supporting that red tide are going to terrify Democrats ’cause I think what you’re going to see in 2022 across this country as a red tide sweeps is you are going to see white, black, Asian, and Hispanic people at levels that you have never seen before taking up arms to defend the traditional values of America by running to the ballot box and supporting the idea of American exceptionalism and excellence. And that is going to be the overriding story of the entirety of 2022.

And so while 2021 was an incredible challenge and it followed on the back of 2020, which was also an incredibly difficult year, I know that a lot of you feel like the last 18 months, 19, 20 months or so have lasted 10 or 15 years, but I believe we are seeing the dawn, we are seeing the emergence of a new bastion of American sanity. And if you think, as I do, that Joe Biden is Jimmy Carter 2.0, remember what followed Jimmy Carter. The Reagan revolution.

We are poised — and what did the Reagan revolution do? It restored American exceptionalism and excellence to this country. And Reagan was wildly popular because he believed that America was the greatest country that’s ever existed in the history of the world. Right now, the Democratic Party at its core believes that America is an evil, racist, sexist, awful place.

Americans don’t believe that. Americans know that if you study history, there has never been a freer and better country in the history of the world than the United States. Individual elections can be wrong. But the overall trajectory of American life is embracing our own exceptionalism and our own excellence and not running from the challenges before us. Which is why I believe that 2022 is poised to be one of the greatest years for those of you who value freedom and honesty and truth and justice that we have ever seen in the history of this country. And that is where we are headed.

And I think from 2022 it’s gonna head right into 2024 and another shellacking. And the Democratic Party founded on the idea of defunding the police and “everything is racist” and America is a fundamentally awful place is going to give up the ghost and be destroyed. That is where we are headed.

And that, my friends, is why I hope all of you will join us come January 3rd when we embark upon what I believe is gonna be one of the greatest years in the history of America, and we’ll be with you for three hours every single day along that ride.

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Twitter Erupts Over Clay’s Four Favorite Christmas Movies

23 Dec 2021

CLAY: The way that I would define my favorite Christmas movies is when they come on, you know, if I’m walking through the house in the Christmas season and one of my kids is watching it or one of my relatives is watching it, will I stop, maybe sit down, and watch at least five or 10 minutes of the movie? All four of these the answer is “yes.” All right?

What’s your favorite Christmas movie? Here are my top four:

— Clay Travis (@ClayTravis) December 23, 2021

A Christmas Story. Came out in 1983. Usually I think TBS does A Christmas Story marathon. I absolutely love Ralphie and his pursuit of his little Red Ryder BB gun. I love everything about this movie. Set in 1950s, if I believe I am correct, Cleveland, everything about that movie to me is a work of art, every little different segment. I love every aspect of it. I loved it as a kid, and now I love it as a parent. It’s one of those great movies that you can age with where early on when you’re a kid and you remember watching it, you see it through the eyes of the kids and it’s well done and you enjoy it. And then as you get older, you start to see it through the eyes of the parents because you have your own kids.

I’m sure for a lot of these movies that can be true, where you can experience everything. One of the great things about aging and why I think with aging you have more wisdom is because you can see it through the eyes of everyone, right, in theory, by the time you’re Grandma or Grandpa you can see Christmas through the eyes of the kids because you can remember what it was like to be a kid for Christmas. You can see it through the eyes of the teenagers, college-age kids, 20-somethings, and then also from the parents’ perspective, and then finally from the grandparents’ perspective you have seen it all, you can see it through everybody’s eyes. A Christmas Story, one of my four on the list.

Home Alone. Now, they just did Home Alone like kind of a recap, and I think it was on — was it on Netflix? I watched it with my boys, where they had Buzz, who was the big brother — by the way, Buzz just got arrested in real life, the big brother, if you watched Home Alone, that was bullying Kevin McCallister, who was the kid who gets left Home Alone.

And I know there are monster plot issues with Home Alone that become more glaring and more readily apparent as you age yourself and you think, I don’t know really that I buy that this kid would have ever been Home Alone for very long at all, certainly in a modern technological age it’s hard to believe ’cause he would have an iPad but — maybe an iPhone. But Home Alone is on my list.

Christmas Vacation. The original Vacation movie, European Vacation also great. They brought in two brand-new kids and made ’em kids again. Christmas Vacation with Chevy Chase, Beverly D’Angelo is absolutely phenomenal, Cousin Eddie, the lights, Christmas Vacation is absolutely incredible.

And then Ali on our staff, this was her favorite, my kids love it, the Will Ferrell Elf movie, those are the four that I think are the best, okay?

I understand that my list maybe a bit younger than other people’s list because I’m 42 and all of these movies are around especially A Christmas Story, Home Alone, and Christmas Vacation, the 1980s. I think Christmas Vacation was 1990, if I’m not mistaken or close to it. These are movies that I grew up watching myself, and then Elf, obviously, is a more recent vintage movie.

Again there was a massive battle royale in the comments section of people fighting it out over what their favorite movie is. Christmas Vacation dominated the votes over the 32,000 people who voted in this — of those four. Christmas Vacation, followed by Home Alone, followed by Elf, followed by A Christmas Story was the perspective of the voters themselves.

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Missouri AG Eric Schmitt Fights Covid Tyranny

23 Dec 2021

CLAY: We are joined now by the current attorney general of Missouri, Eric Schmitt. Tough loss, by the way, last night for Mizzou against Army, last-second field goal. Were you watching, Eric?

A.G. SCHMITT: I was. It was a tough loss. It’s been kind of an up and down season. Drinkwitz, though, I think has got the program headed in the right direction, but you would have liked to have won that game last night. That’s for sure.

CLAY: Yeah, it was a heck of a game. All right. I want to thank you. You are helping to fight battles out there for a lot of people out there like me. I’m obviously from the state of Tennessee. Back in August I went and talked at my local school board before, Attorney General Schmitt, we knew that everybody who talked at their school board against masks was a domestic terrorist. I guess I am a domestic terrorist. Went and spoke out against it. What are you seeing on the ground level in Missouri as it pertains to masking in schools, as it pertains to what I believe is the unconstitutional vaccine mandate overall? What is the situation in Missouri?

A.G. SCHMITT: Yeah. And, first of all, thanks for what you do, Clay, honestly. I’m a big fan, and I think the stands that you’ve taken on this are very important, and I think we have to fight back on all fronts. This is covid tyranny. I’ve been pretty outspoken about this. You know, we’re fighting on behalf of parents. Let’s just talk about the local issues with mask mandates. We have taken on, St. Louis County, for example, is the biggest county in the state. We sued them when they, you know, had a mask mandate in place and won and liberated a million people so don’t have to, you know, be forced to wear masks all day long.

But these petty tyrants are embedded in some, you know, school districts and local governments, and we’re taking ’em all on. So, you know, I just fundamentally don’t believe in the forced masking of our kids. And as you know that’s not backed up by data or science in the first place. Second of all, that has never been about that. It’s about power and control. And they’re never gonna let it go. And so some of the stuff we were talking about whether it’s it was earlier this year, the summer, about, you know, they’re just not gonna let this thing go. They’re not gonna do. They’re finding new reasons to continue their efforts to control people’s lives. And we’ve gotta push back.

So we sent cease-and-desist letters to 50 school districts. Many of them have now backed down but, you know, come the beginning of the year we’re gonna take them to court. These kids and parents should be able to make these decisions, not government bureaucrats and I think we’ve gotta fight it on every front. On the vaccine mandates, Clay, there’s, those cases are now moving. There’s late breaking news last night. And Missouri led the charge on this so Missouri’s the lead plaintiff on these cases, certainly the CMS health care worker vaccine mandate, those are gonna be heard in front of the Supreme Court now on January 7th. So this stuff is coming to a head. And I think these are big, important cases about what is the role of the administrative state but more broadly than that, America’s been the freest country in the historical of the world.

Are we gonna remain that or are we gonna descend to some dystopian biomedical security state? Which, by the way, they’re not gonna stop there, either, Clay. You’ve already started to hear Joe Biden talk about the climate crisis and we’re at a tipping point. And they’re gonna use these emergency powers to dictate what people can drive and when they can drive and watch. There will be a midterm variant. You know, these people are playing for keeps, and that’s why we have to fight back at every turn.

CLAY: We’re talking to Missouri attorney general Eric Schmitt. You mentioned the Supreme Court and the hearings that they’re gonna have on January 7th. I opened up the show sort of putting on my lawyer hat and analyzing that. I took it as a very good sign that the Supreme Court has agreed to hear these cases based on what’s happened in the Fifth Circuit and also in the Sixth Circuit. Are you cautiously optimistic as well based on their decision to hear this case, these cases on January 7th?

A.G. SCHMITT: I am. I think it’s always dangerous to be counting votes, but, you know, we in the Eighth Circuit, if you notice when these were filed they were filed in number of things differently circuits the Eighth Circuit Missouri is the biggest state in the Eighth Circuit you’ve got the fifth and the sixth the OSHA mandates were all consolidated. The Eighth Circuit we won on the health care worker mandate and then the DOJ took it directly to the Supreme Court. So they are going to hear both of those at the same time.

Now, the federal contractor case is still out there. The Supreme Court hasn’t heard that one. But I think you’re gonna get a very good signal of where these are all headed on January 7th. Now, technically there are motions for stay, right? So we’ve stayed this meaning it’s been halted on the health care worker. The Sixth Circuit said now we’re lifting that stay on the nationwide injunction that was like out there. So all this stuff’s coming to a head in the next couple weeks ’cause those deadlines are looming. But here’s the thing. And you know this as a lawyer. The truth of the matter is, there’s, no constitutional authority or stature authority anywhere to force the vaccination of tens of millions of Americans. The federal government doesn’t have those kinds of general police powers. They don’t.

The federal government is a government of limited power that the states agreed to. And, by the way, securing the border happens to be one of those. But certainly forcing the vaccination of, you know, a hundred million Americans isn’t one of them. And OSHA, by the way, on the private, or in the private employer side of this, OSHA’s in charge of making sure forklifts beep when they backup, you know, not this. This is breathtaking overreach. So it’s about the vaccine mandate, but it’s also about a larger issue. Our founders were very astute historians and students of human nature. They knew that tyrants and dictators try to accumulate power, right? That’s sown into human nature so what they did was divide the government to spread that out it dispersed it, right?

You have separation of powers and checks and balances. No one branch, no one person ever gets too powerful. And the reason for that is they were trying to protect individual liberty so that people can live their lives, they can pursue happiness, which is a very American concept. That’s what this is all about. And that’s why we have to fight so hard.

CLAY: And honestly, and we’re talking to attorney general Eric Schmitt from Missouri, honestly the Constitution matters more in times of crisis, difficulty, when there are great passions aroused than it does in times of great peace and tranquility. So if you’re going to stand up for, as you said, separation of powers, I think it’s significant that the Senate voted against Joe Biden’s unconstitutional, in my opinion, vaccine mandate. This is the time when you would be standing up and need the Constitution and the people who defend it to speak the loudest, right?

A.G. SCHMITT: Exactly because it’s, what’s so unique about our system and why it’s celebrated, and we should celebrate it, right? — is that it’s a structural safeguard. It is a wall to protect what, you know, somebody wants to do like Joe Biden, right, who wants to just, he thinks people should have to go do this. Well, there’s a process by which, even if that’s what you wanted to do, Congress ought to be voting on this stuff. And so beyond just the vaccine mandates, I think these cases can stand for a larger proposition, right, which is, you know, as I talk to farmers and ranchers in southeast Missouri or northwest Missouri, one of them told me, look. I never voted for the deputy undersecretary of the EPA, right? But the fact is, whoever that person is, and most people have no idea who that is, if they issue a rule or some sort of guidance, it affects that person’s livelihood.

We have to pull away from this idea that these unelected, folks, who are not accountable to voters, right, because We the People are the sovereign. They’re not accountable, we gotta pull away from that and put more power back in the Article I branches, which is what the founders always intended. And again, that’s why these cases are so important. They’re important because people shouldn’t be forced to do this by the government and people should be able to make their own decisions, but it’s also about this breathtaking scope of power that they want OSHA to have or CMS or pick your alphabet soup agency. So there’s much larger issues at play here.

And, by the way, we’re fighting that kind of federal overreach but also at the local level. I mean, we’re pushing back, we’re suing Springfield Public School District because they’re failing to disclose CRT materials. You have to have people who are willing to go and fight for this stuff because I really believe that our republic is at stake. And I don’t mean this hyperbole. You look at what’s happening in Congress, the Democrats want to pack the Supreme Court, they want to add states to the union, they want to federalize elections. What is that all about? It’s about power and control.

What are these mandates about? Power and control. So we have to fight back in a system that’s supposed to broadly spread out that power. So, again, individuals, we are the first country in the history of the world to believe in individual rights, that our rights come from God and government’s role should just be to secure those rights, to protect those rights, not bulldoze those rights.

CLAY: The Supreme Court cases are gonna be heard on January 7th. I believe Joe Biden has pushed back the effective start date of his mandates to early February. When do you think we will have a ruling from the Supreme Court if cases are being heard on January 7th? Do you have any idea or indication of when we might not have resolution on this?

A.G. SCHMITT: It’s a good question because typically these kind of cases you would have a polling, right, or you would have a kind of a pause. Even though, for example, on the OSHA mandate that’s early February, the government can start fining folks January 10th, early January. I think that’s the date. So I would expect that the Supreme Court, after those hearings on the 7th, would rule pretty quickly on whether or not they’re stayed, meaning whether or not they’re halted.

Now, there will be a final ruling on the merits somewhere down the road, but that will give you a very, very good indication of how they feel about this, whether they’re constitutional or not, has there ever been a statutory authorization for OSHA, by the way, to go do this. Now, I think the answer is clearly there isn’t, there hasn’t been. But we’re gonna find out on the 7th.

And I think they’ll rule pretty quickly. All this stuff is coming to a head. We fully expected the Supreme Court ultimately weigh in on this because, number one, these are big issues.

(loss of audio)

CLAY: I think we may have lost him right there at the end. But he’s doing a fantastic job. Want to thank the attorney general of Missouri, Eric Schmitt, for joining us as we get closer and closer to what is going to be a major battle in the Supreme Court on January 7th over whether or not Joe Biden has the power under OSHA to have these unconstitutional vaccine mandates.

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Alex Berenson on Omicron and His Twitter Lawsuit

23 Dec 2021

CLAY: One of the guys who’s been I think the most reliable in all of media, all of just opinion for the last 18 months, he’s Alex Berenson, had him on a lot back in the day when we were doing sports talk radio shows. Now we got the Clay and Buck show here. Sounds like he has gathered around him with multiple children. Is that accurate, Alex?

BERENSON: It is. It is. We’re in Arizona on vacation, and my wife is working too right now so I’ve got the three kids.

CLAY: How old are you are your kids, by the way?

BERENSON: They’re 2, 6, and 9. The two —

CLAY: Oh, yeah. You are in the weeds.

BERENSON: Guys, guys, guys, this is not okay.

CLAY: So I love this. I’ve got 13, 11, and 7. And, Alex, I just went downstairs and had to have a conversation with my 13-year-old, and I said, “Hey. We talk to you about how late you can stay up playing video games right now” and I swear to God, my 13-year-old, Alex, I said, “I told you last night you had to be off the computer at 11, right? Can’t be playing video games after 11.” And he said — I said, you agreed to that, and then he said, and then my wife caught him playing video games at 1 a.m. last night. And he said, “Well, you told me I had to stop at 11. You didn’t tell me I couldn’t start back up after that.” I’m like, first of all, he’s in debate, he’s super smart.

Now I’m gonna have to basically be drafting, you know, 18 itemized contracts or agreements with him. So there’s a lot of people out there listening to us right now that are in incredible parenting stress right now during the holiday season. So tell your kids that I understand and we appreciate it and a lot of people out there listening right now, moms and dads, grandpas know grandmas know exactly what that process is like. So —

BERENSON: Sounds like your son should be a lawyer. We may need him for this Twitter lawsuit.

CLAY: I know. I was gonna say, you might need him to sign on for your Twitter lawsuit. We’ll get to that in a moment. But first, let’s start. The last time we talked, I think, some of the data was not yet readily clear what it was gonna be on Omicron. Now we’ve got a lot of numbers coming out on, and a lot of data reliable, I think, although you’ll know better than me, from San Francisco, from Scotland, and from England. In your mind is it quite clear at this point that Omicron is say a less dangerous version of covid than Delta or the original Alpha universe that we got used to with covid?

BERENSON: Yes. Yes, it is. I mean, I don’t see how this is arguable at this point. You know, South Africa, the cases are, they’re already on the down slope right now of cases. And they have seen essentially no increase in deaths, you know, compared to where they were a month ago. They’ve had, their deaths are running at about one-twelfth the level of previous peak is. And so, and they had more cases, more positive tests, you know — well, last week than they had ever had. So, and at this point we’re now a month in to Omicron in South Africa. So we would have seen it by now.

Now, the panic porners, you know, the people I call team apocalypse have been trying to make excuses, and it is excuses because they want this to be as bad as possible. I mean, there’s sort of no other way to read the way they talk about this and they say, well, South Africa had lots of natural infections before. By the way, if that’s true, then that suggests that natural infection is a lot better than vaccination, right?

CLAY: Yeah, no kidding.

BERENSON: Which suggests, by the way, it’s not clear that South Africa’s had more natural infections let’s say than the United States. The South Africa death, the South Africa death count has been very high by African standards, but it has not been high by U.S. standards or European standards in previous waves. So what that says it’s not clear that South Africa has had a terrible number of infections compared to other places and the other thing I’ll say is you’ll hear, well, oh, South Africa is so much younger the average, you know, the population, yes, the South African population is younger, but it is not so much younger that it would explain this discrepancy. And, again, the proof of that is that the overall South African death count, while low, low to average, I would say, by European standards, is high by African standards.

So this is, I mean, there’s a lot of math to get through here as there often is when we’re talking, but the takeaway is this. Omicron does not seem very dangerous, it seems cold-like. And these are the numbers but what you hear from the South African doctors and what I hear from people in South Africa who email me regularly is this is a cold now. I got it, you know, I didn’t even bother to get tested, you know, ’cause I knew I had it because I got it from somebody else who did get tested, it was a cold, it went away in a few days. And the South Africans are actually changing their requirements, essentially loosening their quarantine and isolation requirements in response because they don’t want to have to lock down again.

You know, they have a tremendous number of extremely poor people, and they don’t want to put the, you know, the economy’s in crisis. They do not want riots over food. So, I mean, I think there’s a very good chance that in a month, you know, this will be close to over. Now, there’s two caveats. The first is we don’t know whether if you’ve been vaccinated somehow, by the way, it’s clear that if you’ve been vaccinated, you’re not protected from Omicron. The question is, if you’re vaccinated and you’re infected and you recover, is it gonna be the case that the vaccination somehow interfered with your natural ability to generate immunity and so you can get this thing over and over and over again. Obviously we hope that’s not the case.

The second question is, you know, is it possible, and we haven’t really seen evidence of this, that somehow Omicron is actually more dangerous to vaccinated people than unvaccinated? And I would say right now the evidence for that is no. But the overall picture here is a good one. This is incredibly transmissible, but it isn’t very lethal or even, you know, it doesn’t even require hospitalization most of the time. It appears to be significantly less dangerous than the earlier variants.

CLAY: So the positive here is if we’re trying to sketch out a really positive storyline, you would have a version of covid that has now mutated into a variant version that is extremely transmissible yet not very dangerous or deadly at all to anyone and that that would, in theory, potentially finally end this covid craziness because you would have a monster number of people that would have natural immunity, and you would get that without the corresponding dangers of mortality which we might have seen with Delta or earlier versions of covid. In an ideal situation that would be the positive, right? If we’re talking about, I know we’ve had very few positives associated with covid. Actually I would say one of them has been, thankfully, that kids are mostly immune and/or safe from it throughout.

That, I think, has kept some of us in our comfortable territory on Team Reality. You have three young kids. I’ve got three young kids. They matter more to me than anything. If this thing had been perilous to kids as opposed to elderly people I think it would have changed the calculus massively in a really dangerous and scary way for many of us. But the positive scenario here as you just laid out is we basically might be able to ride Omicron into this thing is over?

BERENSON: Yes. And I think there’s a real chance of that. Now, the people who’ve been so desperate to control our lives for the last few years aren’t gonna admit this; so they’re gonna talk about, well, there could still be long covid here or, well, we don’t really know yet and, you know, maybe we’re gonna need another month or two to be sure, you know, we’re gonna need to make sure that we have the numbers for the U.S. that sort of back up what we’re seeing in the U.K. and especially in South Africa. But yes, I would say there’s a very real chance that the scenario you just outlined is gonna come to pass.

CLAY: Is this the most optimistic you’ve been with covid since when?

BERENSON: I guess it’s the most optimistic, I thought in the spring of 2020 once I realized what this was and wasn’t, that we would be navigate this way in a much smarter way than we have.

CLAY: You and me both. So we were both optimistic, I should say, in, like, the late spring and summer of 2020 that people were not gonna lose their minds, right? Like, and we obviously were wrong about that.

BERENSON: We were obviously wrong. But this is a case where it’s gonna be, if the scenario that, you know, that you and I are talking about, and again, we don’t know that this is the case. We’re hopeful this is the case, this would be the equivalent of a successful vaccination campaign. Right? This would be the equivalent of what was promised last year with vaccines actually coming to pass, that there would be, you know, a very low risk of side effects and no reinfection for, you know, a long time, you know. Again, one of the, I guess one of the questions, and this is a scientific question that I don’t the answer, people who are infected with Omicron and, you know, recover as almost everybody’s going to, are they going to wind up with lasting immunity against other forms, you know, ’cause there will be more variants.

And if the answer to that question is yes, then we’re truly at the end of this. But we don’t know. Now, I think, you know, hopefully medically this will give the Democrats, you know, if they want, it will give them the desire, you know, the excuse to kind of back off everything that they’ve gone crazy about. But who knows if they want that. I will say that, you know, Biden’s speech on Tuesday, it was, you know, I mean, think about all things he didn’t say. He didn’t say we’re gonna lock down again. He didn’t say we’re gonna mandate vaccinating your kids. He didn’t even talk that much about the vaccine mandates. He said we’re gonna send everybody a test. You know, which as I joke today on my Substack they could have said we’re gonna send everybody a pack of Kleenex and it would be just as important, just as useful.

CLAY: By the way, do we know, and can you come back for one or more segment ’cause I want to ask you about this lawsuit you’ve got against Twitter. But I want to ask you this question before we go to break. Is this virus, based on your understanding, mutating and spreading more rapidly than most viruses have in the past, and what do we attribute that to if it is?

BERENSON: So that’s a great question. The coronavirus doesn’t mutate as much as the flu, which hasn’t sort of variants but new strains every year the flu is very slippery and very quick to mutate. The coronavirus really didn’t mutate very much the first year and one of the very interesting questions is did vaccines sort of increase what’s called selective pressure to mutate, the Omicron strain is also very interesting in that there are many, many different mutations at the genetic level in the genome, and if you actually look at where it came from, it doesn’t appear very closely related to Delta or what they called Beta or Alpha or any of the more recent mutations.

You have to go all the back almost to the beginning to see where its lineage is from, and that has led people to speculate, and I want to be clear, it’s clear speculation that maybe this particular version, you know, also leaked out of a lab and researchers were working on it and that’s why it has this very, you know, so many mutations and why it looks so unrelated to more recent variants. But wherever it came from, whether it came naturally, whether it is also a lab leak, and again, there’s no proof that it’s a lab leak, it appears to have been a good thing from the point of view of the public health and maybe ending this.

CLAY: Good stuff. Alex Berenson will rejoin us here in a moment because he is suing Twitter over his ban and I am fascinated by this lawsuit and I want to talk about that with him in a moment.

BREAK TRANSCRIPT

CLAY: Got a couple more minutes here with Alex Berenson. I appreciate him making time from Arizona, by the way, state where we are number one in the marketplace in Phoenix. Appreciate everybody listening in the city of Phoenix and surrounding communities. All right, Alex. You have filed a lawsuit against Twitter. I read on your Substack the complaint. I’m fascinated by it. Explain in a succinct way for our audience, which obviously is not filled with mostly lawyers, what you are suing Twitter for and what you are attempting to argue.

BERENSON: Sure. So complaint is quite long, and I will try to drill it down as best I can. So Twitter, you know, banned me in August. They said they, although they never told me they banned me. They said publicly that they banned me and I can’t get into my account; so I assume I’m banned. And they said they banned me for covid-19 misinformation. Now, I did not —

CLAY: Let me cut you off here, by the way. Your “covid-19 misinformation” has all been since proven to be true, right? I mean, that’s the irony here.

BERENSON: I would say that’s completely true. So the suite, they banned me for was a tweet that began “it doesn’t stop infection or transmission.” And then went on —

CLAY: You mean the covid vaccine?

BERENSON: Yes. Does not stop.

CLAY: Yeah.

BERENSON: I mean I think that’s just completely inarguable at this point. So they banned me. And so what they’re gonna say, which is what they’ve seen companies have said and successfully so in the past is there’s a section of federal law called the, there’s a federal law called the Communications Decency Act and there’s a section of it called Section 230, and they’re gonna say under Section 230 we have an absolute right to let whoever we want or not want on our platform. And so, and so what I, what I say in this lawsuit, which is correct, is Twitter is a messenger service. Twitter is in California. California law governs Twitter. Under California law, messenger services must accept all messages.

CLAY: It’s a fascinating legal argument, basically that they have an obligation to allow you to share your message with the masses under California law?

BERENSON: That’s right. And what they’re gonna say is Section 230 gives us the right to ignore that California law. Section 230, the word, the legal word is “preempt.” It is a federal law. It preempts state law. So what am I lawyers were gonna say is, well, that causes a First Amendment issue because it’s a federal law that is, that is allowing Twitter to violate my First Amendment rights under California State law. In California, and Twitter is gonna say, well, you know, the federal lawsuit precedes the state law and too bad for him. Okay.

So we’ll see. We’ll see what a court says. I’m aware that, you know, that these lawsuits generally have not succeeded. But I thought this was very important. And I also think when you look at the specifics of my claim, it’s very clear that Twitter didn’t act in good faith in banning me. And there’s an argument that even under Section 230 they must act in good faith, which wouldn’t failed to do. So —

CLAY: This is gonna be fascinating.

BERENSON: I think so. And I have, what I have, so some of the issues are very big, right? And another issue that’s very big is, did Twitter act on behalf of the federal government? Because Twitter allowed me to publish a lot of very controversial stuff until July, and in July, the Surgeon General and, you know, and Anthony Fauci and the president himself started criticizing me to people about, you know, what they were allowing to be published. And Twitter then changed its mind. So did Twitter act on behalf of the federal government? So these are all the issues. If you want to read more about the lawsuit you can go to my Substack and find out more there. And I — look. I hope I win because I think that what’s happening with free speech in this country is terrible, and I think if I can’t win, nobody can win. So —

CLAY: Outstanding stuff from Alex Berenson there. Encourage you to read his Substack.

Clay and Buck

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