The Bulwark Podcast: "Bill Kristol: The Law Be Damned" – Detailed Summary

Episode Information:

• Title: The Bulwark Podcast
• Host: Tim Miller
• Guest: Bill Kristol, Editor at Large
• Episode Title: Bill Kristol: The Law Be Damned
• Release Date: February 10, 2025
• Description: Tim Miller and Bill Kristol delve into pressing political issues, including constitutional crises, executive actions, and the implications of policy shifts under the Doge administration led by Elon Musk. The conversation is enriched with insightful analysis, political commentary, and occasional humor.

1. Elon Musk’s Racial Commentary and Twitter Controversy [00:00 – 03:17]

The episode kicks off with Tim Miller addressing a recent Twitter spat involving Elon Musk. Musk had reportedly engaged in a conversation questioning Bill Kristol's racial identity, prompting discussions about race and the use of offensive language.

Key Points:

• Elon Musk's Assertion: Musk claimed Bill Kristol is "peak white," sparking controversy.
• Use of Offensive Terms: The conversation touched on the use of terms like "retard," highlighting the permissive attitude toward offensive language among certain groups.
• Musk's Followers: Bill Kristol noted a surprisingly high percentage of racists and anti-Semites among Musk’s Twitter followers, pondering how this demographic became associated with Musk.

Notable Quote:

• Bill Kristol [02:35]: “A very high percentage, you'd be surprised to hear this, Tim. Very high. Surprisingly high percentage of Elon Musk's followers on Twitter are racists and anti-Semites.”

2. Constitutional Crisis and Judicial Overreach [06:24 – 14:07]

The discussion shifts to the burgeoning constitutional crisis, emphasizing the tension between the executive branch and the judiciary.

Key Points:

• Judicial Intervention: Judges have been blocking what Kristol describes as illegal actions taken by the Doge administration and the Treasury Department.
• J.D. Vance’s Stance: Vance asserts that judges overstepping their authority, such as directing military operations or prosecutorial discretion, is unconstitutional.
• Potential Showdowns: Both hosts forecast clashes with the judiciary, citing past instances like the USAID freeze and possible future conflicts over program funding and enforcement.

Notable Quotes:

• Bill Kristol [07:48]: “JD Vance is such a disingenuous creep... they have supported in what he has said and has talked a lot about it... they have been laying the predicate for challenging the courts when they want to.”
• Tim Miller [13:04]: “There is no internal dispute on the JD point of view here in week four of this administration... they have been snuffed out basically of the administration and that the administration itself is pretty aligned.”

3. NIH Funding Cuts and Their Impact [17:27 – 29:07]

A significant portion of the conversation focuses on proposed cuts to the National Institutes of Health (NIH) funding, analyzing both the practical and political ramifications.

Key Points:

• Impact on Research Institutions: Cuts to NIH funding threaten research-intensive universities, particularly those in red states like the University of Alabama Birmingham (UAB), which employs a substantial portion of the state's workforce.
• Economic Consequences: Reduced funding may lead to job losses not only among researchers but also support staff and related sectors.
• Political Fallout: Kristol anticipates a backlash from the scientific community and potential political repercussions, as cutting NIH funding is likely unpopular among a broad segment of the population.

Notable Quotes:

• Bill Kristol [18:08]: “They are cutting discretionary spending with a hacksaw... most of the grants don't go to Harvard and Yale and so forth.”
• Tim Miller [20:14]: “UAB employs about 20% of the state of Alabama... the local economy depends on UAB to stay in business.”

4. Department of Justice (DOJ) Policy Shifts [14:07 – 16:00]

The hosts examine recent executive orders and policy changes within the DOJ, overseen by Attorney General Bondi.

Key Points:

• Policy Prioritization: The DOJ is de-emphasizing enforcement of certain laws, including the Foreign Agents Registration Act (FARA) and white-collar crimes, while potentially focusing more on immigration enforcement.
• Impact on Legal Proceedings: These shifts may lead to reduced scrutiny of election interference and decreased enforcement of regulations aimed at preventing foreign influence.
• Consequences for DOJ Personnel: Kristol warns that these changes could lead to a purge within the DOJ, as legal professionals may refuse to support policies they find unethical or unlawful.

Notable Quotes:

• Bill Kristol [15:16]: “Just one other note on that... they're moving in that direction.”
• Tim Miller [16:00]: "But some of the executive orders and policies that have been put out by Bondi... have gotten, I think, overshadowed by everything that's happening with Musk."

5. Tariffs and Trade Policies [29:07 – 36:16]

The episode delves into the administration’s aggressive trade policies, focusing on tariffs imposed on China and their broader economic and political implications.

Key Points:

• Implementation of Tariffs: The administration is not merely signaling but actively implementing tariffs, including a 25% tariff on steel and aluminum, which disproportionately affects Canada.
• Economic Impacts: These tariffs are expected to harm both consumers and businesses reliant on imported materials, potentially leading to higher prices and disrupted supply chains.
• Political Strategy: Kristol suggests that these tariff actions, supported by economic advisers like Kevin Hassett, represent genuine policy moves rather than performative gestures by President Trump.

Notable Quotes:

• Tim Miller [32:25]: “It's like China. Right? It's like China. It's like we're not going to have...quite similar to something that she did a couple years ago.”
• Bill Kristol [33:22]: “They should just be traveling all around the country, each to their own district constantly and just showing up at every...”

6. Cultural and Institutional Appointments [36:16 – 41:55]

The conversation turns to recent appointments and firings within cultural institutions, highlighting the administration’s attempt to control narrative and resist progressive changes.

Key Points:

• Firing of the Archivist: The current Archivist, who stood up to former President Biden regarding the Equal Rights Amendment (ERA), was dismissed, illustrating the administration’s willingness to politicize key positions.
• Kennedy Center Leadership: Trump taking personal control of the Kennedy Center signals an intent to steer cultural institutions back to traditional values, eschewing progressive programming.
• Impact on Public Institutions: These actions represent a broader trend of undermining institutional independence and promoting a conservative agenda within public cultural entities.

Notable Quotes:

• Bill Kristol [40:34]: “She stood up to Biden... she alerted, I think the Justice Department when there were not documents, classified documents that should have been there in the archives from Trump.”
• Tim Miller [37:24]: “But Hillary, like in a way easy campaign if they can just like stop overthinking everything and get themselves energized on kind of a classic Democrats protecting the people against these billionaires who want to take away all these programs that help you.”

7. Super Bowl and Closing Remarks [41:55 – 45:42]

In a lighter segment, Tim Miller shares admiration for Jalen Hurts and his leadership qualities showcased during the Super Bowl, contrasting him with current political leaders.

Key Points:

• Jalen Hurts as a Role Model: Hurts is praised for his integrity, resilience, and leadership on and off the field, serving as a positive example amidst political turmoil.
• Contrast with Political Climate: The discussion underscores the need for more leaders like Hurts who embody grace and perseverance rather than contentious political figures.

Notable Quotes:

• Tim Miller [41:55]: “You need to be comfortable in whatever you're wearing... feels like something that is now put in the room.”
• Bill Kristol [44:02]: “...it's pretty classy team altogether, actually. Both teams seem pretty, you know, the chiefs of somebody.”

Conclusion

The episode "Bill Kristol: The Law Be Damned" offers a comprehensive analysis of the current political landscape shaped by Elon Musk’s administration, highlighting the intricate interplay between judicial actions, executive policies, and their socio-economic impacts. Through engaging dialogue, Tim Miller and Bill Kristol provide listeners with a nuanced understanding of the challenges facing liberal democracy and the impending political ramifications of aggressive policy shifts.

Final Thoughts:

• Integrity in Leadership: Emphasis on the importance of leaders who uphold integrity and the rule of law.
• Political Accountability: Call for Democratic and liberal actors to actively counteract policies that undermine constitutional norms and social welfare programs.
• Future Implications: Anticipation of ongoing conflicts between the executive branch and judiciary, with significant consequences for American political and social structures.

This summary encapsulates the key discussions and insights from "Bill Kristol: The Law Be Damned," providing a clear and comprehensive overview for those who have not listened to the full episode.