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Heather Mac Donald on How the Medical Profession Went Woke

11 Aug 2022

CLAY: We are joined now by Heather Mac Donald, senior fellow at the Manhattan Institute, contributing editor at City Journal, and the author of The War on Cops. Her latest piece in City Journal is about The Corruption of Medicine. Heather, you’ve been fantastic talking about all the data surrounding crime and cops in this country. But there’s a lot of eye-opening details in this piece all about the medical profession.

And Buck and I have talked for a long time. You would think medicine is the one place where you would say, I don’t care about anything other than whether my doctor is the most skilled possible practitioner of the medical treatment that I would need. But that’s not what is being focused on right now. Tell us what you uncovered as you examined the wokeness inside of the medical industry now.

MAC DONALD: Well, thank you so much for having me on, Buck and Clay. It’s always an honor and a pleasure. Yeah, you would think that, and far too many Americans have been rather blase in thinking that, oh, science is off-limits. We’re gonna remain meritocratic. We’re only gonna care about competent skills, the ability to heal people, to develop new scientific advances. That was a very, very naive assumption.

The medical profession and medical education now is been absolutely upended by three very, very troubling trends: the lowering of standards tore admissions to medical school and for passing students along into the profession, the transformation of the medical school curriculum to deemphasize actual science in favor of the usual woke indoctrination about white supremacy, systemic racism, and the indoctrination and enforcement of racial orthodoxies.

Both about the lie that the medical profession is systemically racist and about ongoing racial disparities and health outcomes. You can only attribute those disparities to racism. You know, if you want to understand how radically our country has changed, Buck and Clay, the AMA, the American Medical Association, along with the ABA, the American Bar Association, in the mid-twentieth century were the very epitome of mid-western Republicanism.

You know, they supported tradition, the establishment, law and order, competence. Now you have the AMA announcing that doctors have to dismantle, I’m quoting here — dismantle white supremacy and racism. You have the American Association of Medical Colleges saying that doctors have to show competence in order to be licensed in understanding intersectionality and their own privilege. And so, what was once, again, one of the pillars of American success and competence has now gone down, and the AMA sounds like a black studies department.

BUCK: Hey, Heather, it’s Buck. Tell us about the way they’re changing specifically the objective metrics, the MCAT, which is essentially the SAT for medical schools, right, but also even the way they’re having people in medical school with objective criteria and in residency too. Like, what are the ways they’re changing it? And also, what are the justifications for why, you know, you would put somebody who’s not as good at anatomy or organic chemistry into the top medical schools in the country?

MAC DONALD: Well, the name of the game in medicine and science and any kind of — in law, in any kind of meritocratic profession, in law enforcement, in policing today is disparate impact. The reason that we’re tearing down standards, whether it’s law enforcement standards in criminal enforcement or standards like expectations of knowledge is because those standards have a disparate impact on blacks and Hispanics to a lesser degree.

Blacks score much, much lower on the medical school admission tests, the MCATs, than whites, and they — the medical schools — use two completely different standards of admissions. Whites and see Asians are admitted with very narrow parameters what their — will be admitted for. A score on an MCAT that would be automatically disqualifying if presented by a white or Asian college senior would be an almost automatic admit if presented by a black or Hispanic.

And so, you have students that are brought into medical schools that are not competitively qualified with their peers and they do more poorly in medical school. It’s not their fault. It’s exactly what you’d expect if you’re brought in with academic skills that are much lower than your fellow students’. So, black students lag. And during the medical training there are other objective, colorblind tests that students have to pass through.

After the second year there’s something called the step 1 exams which measure a student’s knowledge of their clinical training, you know, their understanding of cell biology, of pathology. There again, blacks score about a standard deviation below whites. That’s a statistical term that just means basically big. Big and significant. And so rather than rethinking admissions and saying, well, maybe we shouldn’t be using these large racial preferences.

The entire medical profession has now gotten rid of grades on step one. They’re gonna go to — they’ve gone already to pass-fail in the hope of covering up these skills gaps. You have the medical honor profession society, Alpha Omega, that has now gone to a holistic assessment of medical students’ capacities, away from their actual knowledge. And it goes on and on. Basically, if you’re a white male in the medical profession now going forward, I don’t care how good your scientific quality is.

Your capacity to do groundbreaking research in Alzheimer’s or cancer or heart disease, if you’re a white male, you are gonna have a very hard time getting hired in a medical school, getting put into positions of power in medical research because the name of the game in medicine today is all about diversity. And, sadly, what this also means, Buck and Clay, is that if you’ve come into an emergency room and a member of one of these underrepresented groups that have been given preferences walks through the door, you have no idea if that is the most qualified doctor. He well may be. He may be the top in his class. The poison and tragedy of racial preferences is it puts a stigma on everybody within that class, and it is perfectly rational to be concerned about doctors in groups that have been given preferences throughout their careers.

CLAY: Heather, this also manifests itself in terms of the way that money’s actually getting spent. The NIH and the National Science Foundation are diverting billions in taxpayer dollars from trying to cure Alzheimer’s and fighting lymphoma to focusing on the fight against white privilege and cis heteronormativity. Is this real?

MAC DONALD: It is absolutely real, and it’s terrifying. We — medical science has been one of the greatest engines of human progress in history. It has liberated billions from crippling disease, suffering, premature death. We have now decided, oh, we’ve made enough progress. Now what we’re gonna do is using the medical profession and medical research to go after a complete, phantom lie, which is that American society is characterized by racism and that the medical profession is characterized by racism.

And so, yes, you’re absolutely right. The NIH is doling out millions of your taxpayer dollars to have these pseudo-researchers from gender studies fields look into intersectionality and cis heteronormativity. And doctors that are doing actual cancer research have to justify to the NIH what the value is of their research in aiding diversity both in their own labs… Of course, they have to show that they’ve got a diverse set of researchers working under them.

And a cancer and oncologist research told me, I spend more time worried about and trying to fill out my diversity statement than I do trying to understand and explain cell signaling and nematodes, which is a crucial aspect of cancer research. This is happening everywhere. A woman was conducting a major clinical trial for a cancer that very, very few blacks get. And so, her sample of people enrolled in her study were mostly white people. Her funding was yanked because she didn’t enroll enough blacks, even though they don’t get the cancer.

And so, you have one of the most bizarre aspects today in the medical field is that they have jumped on board the idea that race is a social construct, that there’s no such thing as racial differences genetically, which is not true. That there are races… Race is real. And yet they demand that these cancer researchers spend vast amounts of time trying to recruit a suitably diverse clinical trial population, which shouldn’t matter to them if race is not real. So, we now have a field that got where it is today, it saved lives by the scientific method, by using reason, by using debate, by challenging hypotheses.

Today, if you’re in the medical field and you challenge the idea that racism explains the higher black mortality rate instead of the actual reasons, which is higher rates of obesity, difficulty sometimes following doctors’ orders, lack of exercise, behavior issues, if you say that the profession is not statistically racist, your career is over. If you challenge racial preferences in medical education, if you say we are putting students at a barrier and we are also jeopardizing medical progress, you are also out. You are —

CLAY: Heather Mac Donald, fantastic piece. I would encourage everybody to go read it. It will be uplinked on ClayAndBuck.com for anyone out there who wants to grab it. Thank you, Heather.

MAC DONALD: Thank you so much, Clay and Buck. Always a pleasure.

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The Trump-Hating, Epstein-Defending Judge Who Approved the Warrant

11 Aug 2022

BUCK: We’ve been talking a lot about the judge, for example, who signed off on the Trump warrant.

CLAY: Yeah.

BUCK: And so much of the legal process is concerned with the appearance of impropriety. All recusals are really about, “I’m using my judgement as a judge to say I shouldn’t weigh in on this because I can’t be impartial.” The judge who signed off on the warrant to go do the raid on Mar-a-Lago may have had… First of all, there’s the Epstein defense thing, but I know defense attorneys will say, you defend whoever. But, I mean, you don’t actually have to defend anybody. There’s public defenders.

CLAY: Correct. And the part that’s particularly noxious, I would say, about the Epstein connection is, he was affiliated with, in some way, the office that investigated Epstein in South Florida and led to that very light prosecution agreement.

BUCK: I would say this. There’s never been, Clay — to your point about the light prosecution, there’s really never been — an explanation for why. Andy McCarthy told me this years ago: There is no such thing in prosecutorial conduct as a promise to not prosecute as yet unnamed coconspirators, which is essentially —

CLAY: — get a full story, yeah.

BUCK: Which is what they gave Jeffrey Epstein as part of his federal plea agreement, we’re gonna make this go away and also anyone else who gets dragged into this in the future cannot be the subject of federal charges. I asked Andy. I’d never seen that before; he’d never seen that before.

CLAY: Which is why there’s some discussion that Epstein may have been an agent, right, that he may have been in some way cooperating with someone in the United States government in order to get that kind of lenient treatment.

BUCK: He was running a massive surveillance and blackmail operation based on the infrastructure of the properties that he had. He had the wealthiest and most influential people in the world visiting him. And if you want to see something really crazy for the FBI’s integrity and believability, go look at how they showed up at his New York residence that was gifted to him by Les Wexner, which is worth about $80,000 million, I’m sure that, you know, people can feel very generous.

I’ve never had of anyone feeling so generous to a friend they gave him an $80 million mansion, you know, just ’cause. Sounds like maybe there was something else going on there. But the FBI showed up at the home of Epstein at one point and they were gonna get all these tapes, surveillance tapes. You know what happened? The lawyers for Epstein were like, “No, no, no. Hold on. We’ll separate it for you.” The FBI left the premises and came back, and the tapes were lost. This is all matter of court record. Sorry. Little woopsy there. Couldn’t find what was on those tapes.

CLAY: Again, the whole Epstein story doesn’t add up, and so he was on one side of the Epstein story in South Florida, then he leaves, goes into private practice and represents tons of Epstein associates. And when we come back, we’ll tell you about some of his Facebook posts that were very anti-Donald Trump and why I think it could be a legal issue going forward if we have an actual independent judiciary.

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Pelosi Claims Her Son Didn’t Do Any Business on Taiwan Trip

11 Aug 2022

BUCK: We were just talking about Pelosi bringing her son, Paul Jr., to Taiwan with her. And she says that there was no business done; this is not a Hunter Biden situation. She promises. Here’s what she said.

BUCK: Okay. She said he did not. Pelosi lies all the time. Maybe… He probably didn’t ’cause she’s meeting with people that are important in the Taiwanese government. Her husband invests in semiconductors; we can all connect the dots there. But the point of the visit itself, Clay, is interesting because we were talking about a boondoggle before. This clearly rattled some cages. This clearly got people fired up and the Chinese Communist Party is very unhappy with what happened here, and Pelosi spoke about this a bit, telling us what was the purpose of this visit?

BUCK: Clay, I think the truth here is that if the Taiwanese government is relying on the U.S. government in their moment of need in crisis to come save that country if China does invade, I think they’re likely to be very disappointed.

CLAY: There’s some great war games taking place right now. Have you read these articles about Taiwan-United States-China war games and how exactly those would play out? And the thing that maybe stood out to me most — we could probably spend a bunch of time; maybe next week we can even bring it back up. But all of these war games presuppose that a Chinese invasion of Taiwan would include a bombing attack on American forces in Japan.

And I haven’t heard a lot of people talk about that aspect of this. In other words, a lot of people — you, me — have a lot of discussions about, should the United States get involved. If China begins its invasion of Taiwan by bombing U.S. troops and U.S. supplies and planes and everything else in Japan, we’re kind of at war, right? And that seems to be the consensus view of what they would do, because otherwise their amphibious assault has to cross a hundred miles of open ocean and is very difficult to undertake if there is any opposition whatsoever in the air.

BUCK: So the best option, I think, from the perspective of supporting freedom in Taiwan is help them be as self-sufficient in their defense as they can possibly be. The Japanese territorial defense forces, their Constitution has a lot of limitations it puts on their military in the post-World War II era. But the Japanese forces are pretty considerable, actually, their defense forces. Taiwan needs to be able to raise the cost so that the calculation for Beijing is, we’re not gonna do this by force. They’re gonna pressure them a lot politically, they can do a lot of things. But they gotta make it so that Taiwan is too high a price for them to pay and not rely on a U.S. carrier group to come in and save the day.

CLAY: And they gotta hope that their people fight like the Ukraine situation, which we haven’t talked about in a while, is kind of interesting. Probably could update that in a little bit. But the hit that they just took in Crimea, Russia did, is interesting to think about too.

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Raid Blunder Could Clear the GOP Primary Field for Trump

11 Aug 2022

CLAY: Kevin in Houston, let’s start off with you. What you got for us?

CALLER: Okay. How did the FBI execute said warrant? You don’t just walk up to a former president with Secret Service detail and just say, “We’re here to execute a warrant.” It had to be coordinated through the Justice Department.

CLAY: Yeah, that’s a good point. We’ve talked about that. And we talked about it in the context of even, for instance, if Hunter Biden were arrested, he has Secret Service protection. And if you think about it in the context of Trump, how would you arrest someone with Secret Service protection, it seems virtually impossible. And then it’s honestly a ridiculously absurd but also kind of funny question, Buck. What if Trump were… Like, let’s just play this out, the fevered dreams of left wingers who have Trump Derangement Syndrome. If Trump were convicted of a crime, he couldn’t actually be put in prison because the Secret Service agents would have to go and protect him in prison, right?

BUCK: I think Joe Biden would have to pardon him, and then I think you’d be in the situation… I’m still —

CLAY: We just play it down the line. Nobody’s ever talked about this that I’ve heard, but the former president is provided Secret Service protections at all times. We know that it’s not very safe in prison, right? Even if it’s a low security prison.

BUCK: That’s statutory. That’s not constitutional, meaning that if you wanted to change the Secret Service, Congress could just say, “You lose your protection.” It depends on who’s in charge of, obviously, but the Congress, I guess, could have a —

CLAY: After what we’ve seen with Epstein and everybody else even in security, I would think that Trump…

BUCK: This is getting crazy.

CLAY: The point on this is, I don’t think… It’s such a ridiculous hypothetical to go down if you continue to follow it. So, they had… To his question, there are reports that they notified the Secret Service that they were coming and that they had these warrants because we talked about this early on, Tuesday morning — or Tuesday during the start of the show — when we said, “Hey, the Secret Service would never allow the FBI to have access to the grounds.” Now, Trump wasn’t there, which also I imagine factors in too.

BUCK: They also, though, have to know, this narrative that has switched because I do think that there’s a recognition it was either a blunder pushed by a combination of bureaucracy being so incompetent but also Trump Derangement Syndrome. “He’s so bad that we have to do this even though he’s a former president,” or it was pretext to do it. It might be a combination of these things as well. But to do the nine-hour search, fishing expedition, right? Let’s see what we can find. And to your point maybe this confidential informant either did believe or, for whatever reason, led them to believe that there was something, that there was smoking gun stuff to go into the safe.

CLAY: That they had to go get these documents.

BUCK: Like, what do they think? This is what I meant about, do they think there’s a love note from Vladimir Putin, like, “So glad we stole the 2016 election”?

CLAY: It’s true.

BUCK: I don’t think so. So, what do you think you’re gonna do by getting into the safe?

CLAY: Remember, there’s also security camera footage that Trump’s evidently continued to run, which is smart.

BUCK: But I also have to point out, as we’re assessing this, that they got FISA warrants. I mean, they went after George Papadopoulos. I know George. He’s a nice guy. George was just like an adjunct foreign policy fellow on the Trump campaign, but he was in contact with people. They went after him. They went after Carter Page. They went after these individuals, and based on nothing.

CLAY: Yeah.

BUCK: It was all just, Carter Page had worked with the government against Russian interests. And they just kind of fabricated this whole story. Papadopoulos, they said, was talking to somebody in Italy who said he knew something about a guy. So, in an environment where they’re that stupid or that dishonest or a combination of both, I think everything’s on the table here.

CLAY: Yeah. And I was thinking about this after we finished the show yesterday. I think Joe Biden knew and I think Merrick Garland knew. If they didn’t know… Let’s pretend that Joe Biden is actually competent. I would be furious because they have so misplayed their hand at least so far that Trump has not been stronger since November of 2020. Like, I think Trump supported is surging to the point, Buck, where if you’re Ron DeSantis or you are Mike Pompeo or you are even Mike Pence and you were thinking, “Hey, I’m gonna challenge Trump for the nomination,” I think this changes the calculus. I don’t even know that there’s a lane for you now.

BUCK: The original magic of Trumpism, if you will, the original impulse from so many people that you talk to across the country — you saw this early on — was that Donald Trump was going to be the extended middle finger to the establishment. That was driving so much of it. And what can you think of…? Now he’s a former president. He’s playing golf, he’s hanging out, we saw him a couple of weeks ago. They do a nine-hour FBI raid at his house? Really? People are gonna say you know what we need right now? An extended solitary finger to the machine.

CLAY: No doubt, Buck. And also, if Trump were sitting around and trying to come up with the best thing that could validate his candidacy that somebody at the FBI could do, this might well have been it.

BUCK: Short of rolling in the flash-bangs and coming in through the ceiling, yeah, this is pretty bad.

CLAY: It played so much in his favor.

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Demand Answers, But Don’t Let Christopher Wray January 6th Us

11 Aug 2022

BUCK: “You ask for miracles. Theo: I give you the FBI.” Remember that one, Clay, right? That’s a great moment. Great moment. And I think that might be one of the best action movies of all time, and that was one of the best roles that Alan Rickman ever has as Hans Gruber, the German who had —

CLAY: Die Hard is almost impossible to turn off. If you’re walking, like, somehow you walk through a room and you see it, it’s hard to not sit down and watch. It’s like the Doritos of movies. You know, you have a Dorito, it’s hard to be like, “Oh, I’m only gonna have one Dorito.”

BUCK: I feel like Goodfellas, too, if that’s on I have to turn my eyes away or else I get sucked in and I watch it for the 300th time. But we’re not asking for miracles here from the FBI. We just want an explanation. We want to know what happens earlier this week at Mar-a-Lago. This is not a normal investigation, all right? So ever needs… Well, what if it was a drug lord? No, no. Is a former president and likely future president of the United States. So, we should be able to ask some — or demand some — answers here. Christopher Wray, the head of the FBI, did speak about this. What was he, in Oklahoma, right, at some kind of a conference of some kind?

CLAY: That’s right.

BUCK: We appreciate — oh, Nebraska. Pardon me. He was in Nebraska at a conference, and here he is giving us — well, actually, no, not giving us — the answers we asked for.

BUCK: Okay. I mean, there’s a lot here, Clay, to unpack. First of all, he says nothing to quiet the concerns of the American people right now about the FBI being used as the secret police of the Democrat deep state, okay? Let’s just get right to the heart of it. Nothing to say. Everyone, calm down. “We’ve got this covered. This is all rule of law. There’s no problem here. We’re not targeting Biden’s chief political opponent. We’re not doing that.”

We have a right to ask those questions now, considering they did do that to President Trump already. And previous FBI director, James Comey, watched all of that happen, called for all that to happen. But then also notice he goes — and I’m seeing people say, “Oh, well, why don’t Republicans black the blue?” Oh, no, we back the blue. We back law enforcement. And that means in the day-to-day sense where they’re actually under threat.

The threat to law enforcement doesn’t come from people who are upset about the search at Mar-a-Lago. You’re gonna talk about cops, FBI, federal, or local state cops getting shot, it’s by criminals who Democrats refuse to prosecute, refuse to lock up, and that the BLM movement and Democrat Party has emboldened. So, he’s wrong on many counts here in terms of his focus and in terms of what he doesn’t say.

CLAY: Also, I haven’t heard him speak out at all about the protests outside of Supreme Court justice homes or the danger that was endemic as soon as that leaked Supreme Court opinion came out. It’s been a few months, Buck, by the way — FBI, has anybody actually investigated that as a significant crime? It’s amazing how that story just kind of disappeared. Nobody knows who’s responsible for an unprecedented leak of a draft opinion in the Supreme Court.

But I’m already hearing people say, “Oh, this judge, this judge who signed this warrant, people are saying mean things about him online.” He’s getting a lot of threats. This is unacceptable. I didn’t hear any of those people say that about everybody trying… There was an assassination attempt on Brett Kavanaugh. I didn’t hear Christopher Wray come out and lecture Americans. And we, by the way, support police. And also, yes, don’t do anything violent to any judge.

BUCK: Of course.

CLAY: But if you’re going to speak out against mean things that people are saying about the judiciary, I would think that an attempted assassination of Brett Kavanaugh would probably merit a little bit more condemnation than so far people saying mean things about a judge who may have signed off on a warrant against Donald Trump.

BUCK: The most serious, extreme political violence, specifically political violence that we have seen in this country against elected officials, I can’t think of one in the last 10 years that is more extreme than what happened on that baseball field in Alexandria, Virginia, where a left-wing lunatic —

CLAY: Bernie Sanders supporter.

BUCK: — Bernie Sanders supporter who was angry about health care, okay. So lunatics can get angry about anything and decide they’re gonna hurt people. Angry about health care. It wasn’t just like he wanted to do something bad and was stopped at a checkpoint like the guy going after Brett Kavanaugh. That’s bad enough. That’s scary enough. He opened fire and was specifically targeting conservative members of Congress.

He tried to assassinate Senator Rand Paul. He tried to assassinate a dozen other officials there that day. He shot Steve Scalise who almost bled out on that field. We never even hear about that anymore. There’s no discussion of this whatsoever. All we hear about is January 6th, five police officers or five people killed. The only person killed on January 6th was an unarmed female protester shot in the neck through a door.

That is the actual fact of the matter, and so for Christopher Wray to say this, who does he think he’s really speaking to? Anybody who’s upset about this as a threat to the republic who is reasonable understands that you don’t just…? You shouldn’t go out and threaten random FBI agents or anything like that. It’s criminal. It’s stupid. It’s bad. And anybody who would ever actually act on something doesn’t care what the FBI director says. If he wants to calm the nation down, calm everybody down. Don’t just say, well, we don’t like the mean things that are being said right now.

CLAY: Don’t let them January 6th you, either. There’s a lot of people out there listening right now, I feel like —

BUCK: Don’t do anything stupid. Totally.

CLAY: Don’t do anything dumb. Don’t do anything violent, don’t even talk about doing anything violent with people that you think are your friends, because what they want to do is what happened it looks like up in Michigan. We’ll talk with Julie Kelly I think in the next few days. They failed to get convictions in the Whitmer kidnapping case against two men who were acquitted.

They’re now recharging two other men who had mistrials, I believe. That trial currently underway. They want to find someone to be the face of domestic terrorism, and they want it to be a right-wing Trump supporter. Don’t let them entrap you into doing something dumb. Behave, period, but recognize that right now they want a scapegoat. Buck, you know as well as I do they’d love to arrest somebody right now —

BUCK: Oh, my gosh. Of course.

CLAY: — and try to change the story from the raid to the reaction to the raid and how dangerous January 6th still is because look at all these domestic terrorists out here.

BUCK: Worse than a mistake, it’s a blunder, right? This is something that people… It’s Talleyrand or attributed to Talleyrand as a quote. And you look at the January 6th situation, there were a hundred thousand people that day in D.C., give or take. Ninety-five, 98, whatever the percentage is of them completely lawful, did nothing wrong, protesting an election, but because some people broke the law, and some broke the law in serious ways even within those who were… You know, there are the trespassers and then the people who are hitting cops or attacking cops. Right? These are very different acts.

CLAY: Yeah.

BUCK: We could also talk about the double standard of justice whereby BLM rioters never received — they’re not being chased by the FBI all over the country. Of course, we’re aware of that. But you look at how the Democrats were the riot party. And we could say that. And one act on one day now complicates the narrative because the Democrats will say, “Oh, yeah? Sure. We may have rioted a hundred times, but you rioted that one time and we’re gonna have all of our media hacks focus on that one day, that one instance and pretend that that was supported by the movement more broadly of conservatism and Trumpism, which it was not.

CLAY: Yes. And that’s why I’m telling you, they want to shift this story. Would it surprise you at all if the FBI suddenly arrested somebody and said, “Look at these Neanderthals,” even used the word deplorable in his answer, “look at these deplorables that were trying to take aim at the FBI because we were trying to enforce truth, justice, and the American way with our raid on Donald Trump? They would love to pivot this story.

BUCK: The FBI has been exposed right now. And they know it. It’s really the DOJ actually ’cause there’s no way this happened without Merrick Garland’s say-so. The DOJ at the Biden administration has been exposed. We focus in on this, we push, we demand answers, we mobilize and vote. Any other nonsense that people are spewing online, there is nothing that would play into the hands of these authoritarians more than some, you know, person flying off the handle saying crazy stuff online about how he’s gonna — that —

CLAY: They show up at your door, knocking on it —

BUCK: — and CNN will run with that story for two days straight, 48-hour news cycle. It’s true. It’s true.

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Why Did the FBI Spend 9 Hours Searching Mar-a-Lago?

11 Aug 2022

CLAY: One thing that I don’t think we talked about enough, this was an all-day search of Mar-a-Lago. Mar-a-Lago, the private quarters, are around 3,000 square feet, is the reports that I have seen. Now, the overall Mar-a-Lago sort of expanse is massive. It’s a large property. But the private quarter footprint is around 3,000 square feet.

There have been reports that they felt they needed to have this warrant because there were specific documents that they needed to find, and Trump himself even said, “Hey, they searched my safe.” If you had specific, actionable knowledge about documents or objects that you were intending to seize and it was part of a criminal investigation, isn’t it pretty strong evidence that you didn’t find it if you spent nine hours there?

BUCK: Absolutely. Also, Clay, if this were just… The storyline we’re being told — and I want to remind everybody — a couple days ago it was, “Just wait for the facts; there’s a bombshell coming!”

CLAY: Yeah.

BUCK: “It’s no big deal. Why is Trump making such a big deal out of it?” The usual suspects. We know what they’re doing. But if this were just a routine, showing up, “Hey, guys, we got get those docs,” to your point, why were they in Melania’s wardrobe? What are they doing there for nine hours, folks? You know, this is why people say we should see the warrant. There should be some specificity. If this was about documents that they had already seen with where they were stored, they had already said, add a lock, what’s with all the extra time?

CLAY: Yeah. And if they had been told particularly new, actionable information that necessitated suddenly a warrant and an operation to a large extent from cooperative behavior to antagonistic behavior by the warrant, wouldn’t they have been able to find it immediately? If I told you, Buck, “Hey, I’ve gotta go get this warrant. There’s two things that are clear crimes inside of a 3,000-square-foot home,” how would it take you nine hours?

Like, wouldn’t you go right in, grab those documents if they’re so important, if you have good, actionable intelligence on where they are? Boom, you’ve got them, you certainly don’t end up rifling through Melania Trump’s dresses and shoes and her — maybe — I don’t know — lingerie? I mean this is super weird behavior, right, when you really think about it. And they’re going through everything Trump related too.

That, to me, is an indication that they didn’t find it. Just take it outside of a warrant. My wife just ran out of the house to take our son to school. She was running around like crazy looking for her keys before she left. I’m sure that happens at your house all the time. If you know exactly where the keys are, you just say, “Hey, they’re on the counter by the exit; they’re always there.” You go grab ’em and you’re gone. If you keep looking —

BUCK: I say, I’ve got an ugly yellow bowl by the front door — bright yellow, goes with nothing — keys in automatically every time. I will tell you it has saved me hours. Pro tip for everybody: You get hours and hours and hours of your life back.

CLAY: Every single time, right? But if you can’t find them, then you spend way more time looking. So nine hours, nine-plus hours in Mar-a-Lago executing this warrant?

BUCK: So what do you think they were doing there? What were they really doing?

CLAY: I think -what happened is they may well have gotten snookered. Somebody said, “Hey, the great white whale has got these two things that are gonna get him dead to rights. One of them’s in the safe and the other one is hidden,” you know, wherever. “You’ve gotta get these documents right now. He’s gonna destroy them! Get in now and get them!”

BUCK: I can buy this. I can buy this story because this looks like a huge, huge blunder, Clay.

CLAY: They rush in, Buck, they don’t find them where they’re supposed to, they start to panic, next thing you know they’re going through Melania Trump’s underwear drawer like, “It’s gotta be here somewhere!” It doesn’t sound like a very well-organized raid if you spend over nine hours doing it.

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BUCK: Clay, it didn’t take very long. We were talking about this as soon as it happened. On Tuesday when the raid occurs and everyone’s… That night, I’m on Jesse’s show on Fox; you’re on Sean’s show on Fox. We’re talking about this, and there was a moment of true —

CLAY: I think it’s Monday night, right?

BUCK: I’m sorry Monday night. Thank you. Yeah. There’s a moment of true, just outrage. I mean, honest-to-God, what are these lunatics doing? This is a former president. And they were telling us on the other side, the way that they were playing it was, “Oh, but we need to wait for the facts to come in,” and now more facts have come in. And what we see is, they’re telling us Trump is overplaying his hand.

Trump is the one who is controlling the narrative. He’s “pouncing.” That’s their favorite word. And the FBI didn’t do anything wrong. And people are saying mean things about the FBI. And I think this is very directly tied to the fact that, with more information here, this does seem to be a fishing expedition, a massive overreach, and a blunder.

CLAY: Yeah. I think that’s true, and you can’t blame someone — and we kind of hinted at this yesterday. Trump is, for all of the criticisms that people out there levy against him, innately aware of advantage and leverage. And you would expect that he would be good at that because that’s basically how you have success in business. When you have leverage on your side, you exploit it. And here was a clear, what it seems to me, misplay by the Department of Justice, the FBI, and Merrick Garland.

And this is what we were talking about yesterday, Buck, that I find so significant. In June — June, just a couple months ago — the FBI and some of the archives people, they came to Mar-a-Lago while Trump was there, showed them the documents. According to the Wall Street Journal this morning, he said, “Hey, let me know if I can help you at all,” and after that visit, they called back — or emailed back, I think it was — and said, “Hey, could you better restrict access to those documents.”

A day later, the Trump people put a more significant padlock on the door where many of these documents were being stored. There was zero contact from that point all the way until August when this raid happened. These details matter and I think they matter significantly, Buck. Because Trump had been complying, friendly, with the investigation into what these documents might be and where they might belong and all of those attributes. And then out of nowhere suddenly we get a morning raid that lasts for nine-some-odd hours at his Mar-a-Lago residence while he’s not there.

And this story breaks… This is what I was hitting as we finished yesterday’s show. This story broke not on the New York Times, not on the Washington Post, not on MSNBC, not on CNN, not on friendly Democrat media where almost all negative Trump stories break. Trump broke it himself. Trump posted on TRUTH Social and said, “Oh, my goodness.

“Look at what they are doing. They’re raiding me,” and Trump didn’t even break it early in the raid. He basically broke that news when they finished their raid, Buck. So I think, the more and more I look at this, the more I think this was just a colossal miscalculation by the Department of Justice, by the FBI in not realizing how insanely, absurdly ridiculous this was gonna look for them.

BUCK: So I come from within the federal bureaucracy at the CIA, right? Clay? And one discussion that we would always have is, is this incompetence or malevolence? Whenever the federal bureaucracy is involved, you wonder, is this just we’re so dumb that we messed this up this badly or did someone make a decision somewhere to abuse their power or to engage in a politicized targeting? Here is, for example, just on how the narrative has shifted… You’ll notice, Christopher Wray of the FBI, the FBI director, is saying, you know, it’s terrible and deplorable, the threats people are making against FBI agents.

Okay. Obviously threats against FBI in general are stupid and illegal and people shouldn’t do that. But how about also speaking out about how the FBI isn’t the praetorian guard? How about, “We’re not actually doing the things that people very understandably think are being done right now?” He could take a moment here and say, “Guys, I promise you when the facts come out, everything we have done is by the book, everything we have done…” But he thinks he maybe recognizes at some level people don’t really-believe him. So that’s one. Certainly, a lot of people listening to this right now — and I would put myself in that category too — do not believe him.

CLAY: I’m in that category as well.

BUCK: Yeah. But at least he could try. But notice they’re also now acting like, “Oh, well, you know, Trump is making a big deal out of nothing.” Here is Heilemann over at MSNBC.

HEILEMANN: The DOJ did not make this public. They did not publicize this — this search of Mar-a-Lago. Donald Trump did. And it seems to me for the reasons that Joyce is kind of implying that that’s what this is all about. Trump took this public because he thought it was in his interest to not just explore these conspiracy theories, but then to put pressure on the DOJ. What would they say? There’s nothing they could say that wouldn’t — that Donald Trump and the right wouldn’t — make part of their narrative. They’d be attacked for breaking with policy, they’d be attacked for dirtying up Donald Trump, no matter what the words that came out of their mouth are.

BUCK: So the problem is that Trump said that they raided my home for nine hours now? You want to talk about gaslighting, this is like slapping somebody in the face saying, “Hold on! Hold on! I have a good reason. I have a good reason.” You wait ’til it fades a little bit, and then they say, “Okay, man, why do you slap me in the face?” It’s, “Well, we both know you deserved it.” That’s why you didn’t say anything when it happened.

CLAY: Well, so, this is interesting to me because what basically that MSNBC guest is saying is, Trump shouldn’t have drawn attention to the most unprecedented action ever undertaken in our democracy, right?

BUCK: Yes! (laughing) Yes. Crazy.

CLAY: That’s what he’s saying. And so, I wonder, though, Buck — and this is what I was saying about the fact that Trump publicized it. I don’t remember a lot of stories about the agents visiting in June, right, when they were at Mar-a-Lago according to reports. We’ll talk some with Miranda Devine about this. And I wonder whether they thought, clearly inaccurately, that Trump wouldn’t go public with this. I wonder on some level whether that was part of their calculus, and they didn’t realize how bad they were going to look when this happened.

And again, I just come back to Alan Dershowitz on Tuesday. We played the audio from him on Fox News. I did he did a good job right immediately analyzing the legalities of it. He said, “They’ve been dealing with subpoenas this whole time and responding to subpoenas.” That is, “Hey, could you please send us this document, this box, or allow us to come and look at the things that you have.” Why would they suddenly advance from subpoenas and/or collegial, it appears, emails and phone calls and visits to a 20-plus-person raid at the FBI? And, Buck, that, to me, we need to see the warrant, right? I mean, they should let us know what they were actually searching for.

BUCK: So, you and I talked to Andy McCarthy about this I spoke to also a friend of mine who was a prosecutor for the last 15 years earlier, we were texting about this yesterday. The warrant thing gets tricky because there’s the part of the warrant that they do have to show and then there’s the parts of the warrant that they would is only show have an indictment actually comes down, right? So when people say “show the warrant,” it’s gonna be a partial. Even whatever they show will be partial. They will not show everything for an ongoing criminal investigation. So part of that is gonna be held away.

CLAY: This comes back, Buck, to the question we had in our initial conversation. I still circle back to that. I don’t think there’s any doubt that the DOJ and the FBI have bungled this. The question I have is: What did they think that they were going to find that necessitated an acceleration to this level, right? And we kind of surmised. We mentioned Kim Jong-un letters. I just find it hard to believe that there is something that Trump took out of the White House that is so important that a warrant and a early morning raid had to happen.

BUCK: Let’s be clear. And others have been pointing this out and I think some of them are listening to our show yesterday, which is great. Trump did not hand select 15 boxes of documents that are being taken from… Trump has no idea what is actually in most of those boxes. He’s the president or was the president of the United States. He’s a former president now. So this notion that it is comparable to what Hillary Clinton did?

Hillary Clinton was reading top secret emails on her home computer, on an unclassified server, and forwarding them to people. Donald Trump has, in a locked room, documents that his staff has gone through and decided are to be a part of probably a future presidential library or whatever. He has absolutely no idea — and to your point about mens rea, he obviously has no criminal culpability in this. So when people are talking about the, “Oh, it’s classified,” this isn’t Trump stuffing classified documents in his socks, folks. That is a total bogus claim.

CLAY: Which happened, basically.

BUCK: Sandy Burglar or Sandy Berger. That’s what happened. By the way, he got a fine and community service, just for everybody who’s like, “Well, they went after Sandy Berger.” They didn’t send 30 FBI agents to his home.

CLAY: Mens rea, I think that’s important for people out there to be thinking about. If there were some sort of criminal charge that were going to be brought, virtually every criminal charge requires the worst thing, actus rea and mens rea: An act that is criminal in nature and then an intent to do that act that is criminal in nature. I don’t think there’s any way, Buck, that there was an intent here on behalf of Trump, based on every detail that we have out here, that would in any way rise to the level of being criminal in nature.

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VIP Video: Clay and Buck Cover the Aftermath of the Mar-a-Lago Raid

10 Aug 2022

For all the latest developments, see Clay and Buck break it all down for you.

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Kash Patel to C&B in May: Trump Declassified “Large Volumes” of Deep State Docs

10 Aug 2022

BUCK: Kash Patel is a friend of ours, and he worked at senior level for the Trump administration. I think was acting — that’s right, acting — defense department chief of staff in the Trump administration. We’re gonna have him on sometime next week, but Kash has been pulled into these investigations. He’s been in the middle of the madness. This was just a little while. He talked to us about this document issue and the document review — National Archives, classification — all this stuff.

Here is what Kash said.

PATEL: What he did was on his way out of the White House, he declassified — made available to every American citizen in the world — large volumes of information relating not just to Russiagate, but to national security matters, to the Ukraine impeachment, to his impeachment one, impeachment two.

CLAY: So, this is big, potentially, Buck. I think that was Kash on with us in May?

BUCK: Yes.

CLAY: So this predates much of this controversy, and we were talking with him about the reports that there were classified documents at Mar-a-Lago, and his discussion — and we’ll talk to him again soon. But his discussion with us — and you just heard that clip. You can go back and listen. I think we probably put the whole thing up at ClayAndBuck.com before all is said and done. But his discussion with us — which is why I think this could be a huge part of President Trump’s defense in the event that they try to make hay of this, so to speak.

Trump’s position, I think, Buck, is going to be, “As president, I can choose what is classified and what is not classified, and I declassified a massive amount of these documents, including all these ‘classified,'” in quotation marks, “documents that the National Archives may not recognize are actually ready and available for the American public to be able to review.”

BUCK: And don’t you remember when Hillary and Bill left and just stole a bunch of stuff, and I don’t mean documents —

CLAY: — they took $30,000 in furniture, if I remember correctly.

BUCK: I mean, very valuable pieces of furniture and silverware, ’cause if you’re a Democrat, you’re just allowed to be a crook like an old school, straight-up thief. But there was no FBI raid on the Clintons for that, never mind the classified email fiasco.

CLAY: There’s never been an FBI raid on anybody who’s a former president for anything, ever! So, yeah, it’s crazy.

BUCK: We’ll have Kash on.

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