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Alan Dershowitz
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Bet we have something in common.
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Have more meaningful relationships, cook more that search for practical knowledge. It's my job at the Washington Post. I host a podcast called Try this. Every episode is like an audio class.
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Travis Holloway
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Christian Amanpour
I'm Christian Amanpour and I've been on the front lines and interviewing world leaders for more than 30 years.
Ryan
And I'm Jamie Rubin, a former advisor.
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Christina Quinn
Welcome to the Tudor Dixon Podcast. We have the great Alan Dershowitz with us today. He has a new book coming out called the Preventative State, the Challenge of Preventing Serious Harms While Preserving Essential Liberties. There it is. You see it and it's. I think it's very, a very good book to be talking about right now, Alan, because of everything that's going on in the world.
Podcast Host
Yeah, everything is about prevention. Deportation is about preventing violence. Bombing Iran or making a deal with Iran is about preventing them from getting nuclear weapons. Israel's actions in Gaza, controversial as they are, are intended to prevent the repetition of October 7th. And in my book, the Preventive State, I go through every conceivable act of prevention, ranging from medical intervention to climate intervention. I put them all together and I create a conceptual framework for analyzing this major shift that's going on in our society. Larry Summers, the president of Harvard, put it very well. He says, no one but Alan Dershowitz would seek to bring common mode of thought to issues as diverse as bail, climate change and terrorism. And that's what I try to do because I've noted a major change. We used to wait until harms occurred and then we would go and punish them. Today the harms are so serious, nuclear, environmental, medical, that we move much earlier and we endanger civil liberties. When we do that, we also protect people. And the goal of my book is to create a balance which allows the government to act preventively but without denying essential civil liberties.
Christina Quinn
Now, it's interesting. I mean, I found it fascinating because as I'm reading through it, as somebody who's run for office, that's really the thought process you go through with everything that you, everything in your platform and what you're considering. Okay, if we, if we remove taxes here, what is the, what is the ultimate effect of that? If you prevent, if you try to prevent school shootings, what are you taking away? And you have a lot of that. One is one that's obviously very sensitive to me because I have kids in school, because I have parents who say, I don't want to have my kids checked when they walked in, when the, when they walk in the door. But then, well, don't you want your kids to be safe? So you have to balance all that.
Podcast Host
I have a whole Chapter in the book on red flag laws on these are rules that are designed to prevent guns from falling into the hands of young people who can use them in school shootings. So I deal with that. And the red flag laws have prevented some shootings, but they've also disarmed people who probably have a right under the second Amendment to bear arms. So, you know, there's no free lunch. And every time you improve our safety, you risk the possibility of diminishing our liberty. Benjamin Franklin put that very well 200 years ago when he said that giving up a little bit of liberty for safety is a problem that we have to deal with. In my view, if you give up just a little bit and you get a lot in return, that's a good trade off. But if you give up a lot and you get very little in return, that's not a good trade off. And so what I try to do in this book for laymen, obviously for average readers, is to suggest an approach or jurisprudence. For example, we all know that when somebody is charged with murder, we say, better 10 guilty go free than one innocent be wrongly confined. The 10 to 1 ratio, which actually comes, comes from the Bible. But when it comes to preventing harms, how many 9, 11s are we prepared to prevent in exchange for how much intrusion into the rights of people? That's the trade off. We haven't figured out a way of analyzing that yet. And that's what I try to do in the preventive state. And you know, it's available now, you can get it on Amazon. So I hope people will read it and get in touch with me and give me input, because this is a work in progress. This is the first book on the jurisprudence of prevention, and I hope it won't be the last book. I hope it will start others asking questions about this, including elected officials.
Christina Quinn
I think that is the. That's the most valuable part about it, is you start to think more deeply about it. And I think oftentimes when we do make new laws, I always say it's the unintended consequences of the laws that people years later say, oh, how did this happen? And now we can't do this and we can't do that. But I look back at the founding fathers and you talk about that quote, and I think they were much closer to oppression than we were. I mean, they had lived it, so they understood it from a different point of view. And I think oftentimes, especially the youngest generation that's coming up in Congress today, the people in their 20s and their 30s, I think they're quick to say, we want to protect everybody. And so they don't always think about those unintended consequences. This book is. I mean, honestly, this is what makes you go. There is so much more to contemplate when you are making the decision to do something as radical as create a new law. And I know people say, oh, we're making new laws every day. But you should think of it as radical because you're changing the law. You should make sure that you know everything about. You've thought it through every possible way. But I don't know if we're doing that. This made me think that too many.
Podcast Host
Of us believe in that T shirt that says, just do it. I want to have it says, think about it first and then do it. Take, for example, the obvious problem of what do you do with somebody who's arrested for a crime but is presumed innocent? Do you keep him in jail pending trial or not? And if you do keep him in jail, we'll never know whether he would have committed a crime. But if you let him out and he commits a crime, that's very visible. And the judge says, oh, my God, look what I've done. And so the inclination is to lock them up. When in doubt, throw away the key. And I do an analysis that shows that a lot of people have spent a lot of years in prison for things they never would have done and never did do. And so we have to focus both on the innocent and the guilty, on prevention, but also on not denying people basic liberties or we all lived through the COVID and there were mandatory injections and some people got sick as the result of it. And I quote a letter from George Washington to his troops. I actually own the letter, written in the hand of Alexander Hamilton. It's on my wall urging all American troops during the Revolutionary War to be inoculated against smallpox. Washington says we won't lose this war to the British, but we might lose it to smallpox if every soldier doesn't get inoculated. And of course, back in the day, inoculation was not as safe as it is today. And so for everything, we have to strike a balance for climate control. We lose jobs when we get too green, but we lose climates when we don't get green enough. So how do you make those very difficult cost benefit analyses? And what I do is provide a framework for doing that based on my 60 years of teaching. This is my magnum opus. I'm now 86 years old and I've written 57 books. But this is the most important one I wrote. It's something I've been working on for 60 years. I started teaching in the area of prevention when I got to Harvard in 1964 and I probably taught 30 courses on prevention over the years and probably gave 100 lectures. And so it's all summarized in this book, the Preventive State.
Christina Quinn
I mean, it really should be required reading for anyone who is considering running for office or anybody who's in office right now. You brought up climate change and the discussions around that. What we've done in Michigan, certainly we've seen that in a more aggressive manner because the governor has come out and said she wants to be fully renewable energy by 2035. That alone has really damaged the ability for the state of Michigan to get new businesses because there's that feeling of I don't know if I will have energy, I don't know if I can manufacture with this type of limitation.
Podcast Host
I.
Christina Quinn
How do you, how do you talk to. Because I think politics comes into this too. I don't think that decision was based solely on this is what's best for the environment. But also there's a lot of pressures from the political outside to come in and say, you have to do this or we won't support you. So how do you balance the politics of it with the decision making?
Podcast Host
No, you're absolutely right. There are pressures on both sides. If you don't do enough for the environment, we're going to have problems 20 years from now. But if you do too much, we're going to lose jobs now. And in the book I talk about the difference between acts that have an impact immediately and acts that have an impact 20 years from now. Politicians obviously care more about tomorrow and the day after tomorrow than they care about months or years from now. And the basic question is who decides? And of course, in a democracy, the people decide and it's always going to be a trade off. There are those who say, and they may be right, that if you go green you can create new jobs. Well, prove it to us. Show us. But generally that isn't the case. Generally there have to be trade offs and generally you have to give up something to get something. And that's what I propose in the book. And I propose mechanisms for making those decisions and how they get made. Should it be the courts, should it be the legislature, should it be the governor, the executive, the president? These are all things that are being debated now. For example, in the context of deportation, know that there are too many criminal alien in the United States who are endangering our people. We see it every day, and they're very visible. When an alien, an illegal alien, commits a rape or a murder, it's the front page of the story. And yet there are many who don't, who live good lives. And so what we have to do is create more visibility on both sides and let America make the decision. We are a nation of immigrants, but we are a nation of legal immigrants. And so we have to pose the question in the context of deportation. And President Trump's about to make a decision today or tomorrow. Should he bomb Iran's nuclear facilities that would be completely preventive. It's called the Begin Doctrine because Menachem Begin, when he was the prime minister of Israel, decided to bomb Iraq's nuclear reactor, which saved many, many American lives. Because when America went into Iran, can you imagine what would have happened if 100,000American troops were greeted by nuclear weapons from Iran, but Israel prevented that from happening at a very low cost. One person was killed in the process, and Iran was prevented from developing Iraq, from developing bombs. Should the same thing happen with Iran? Would the Second World War have been prevented had England and France invaded Nazi Germany in 1935 and killed Hitler? Maybe that could have prevented the Holocaust. Those are the kinds of issues that I debate in this book, and there's no perfect answer. In a democracy, the perfect. The imperfect answer is given by the people.
Christina Quinn
I mean, you talk about that in the book that he wrote, Mein Kampf. And it was a moment where people could have said, this guy's really dangerous. But how many times are there that moment in history where you could have realized that someone was really dangerous, or they could have just said that? And you point out that dictators in the past have made these radical claims that they're going to go out and do something crazy, and then they end up not doing that. So who could have actually foreseen that Hitler would become who Hitler actually became? You brought up immigration. I want to talk about that a little bit, because there's this question of due process right now. But I also think that this book is very important when it comes to this subject, because this is a case of Joe Biden. And I think there were a lot of pressures from the left to say, we're just going to open it. We're just going to throw the doors wide open. I've had a lot of people say to me, it's unfair that it takes so long to become a legal citizen, but there is. I mean, just as people are complaining about due Process. These people deserve due process. The process of getting into the country has to go through a court as well. There is a limited amount of courts. There's a limited amount of time. How do you please everybody when it comes to immigration?
Podcast Host
You can't do that. Many of my relatives came to the United States as a result of immigration. They waited on line. They waited five years, six years, sometimes longer. I know I've helped people become green card holders and citizens, and, you know, it's the greatest day in their life. My research assistant from Germany recently became a citizen. My God, it was like he had a newborn baby. He was so happy. He was an American now, and he waited his turn. Had he done it illegally, he might have been deported. And so people have to make a decision. If you're willing to wait online and do the right thing, you become a citizen. If you cheat and you're caught, you don't become a citizen. And there will be some false positives and false negatives. We will allow in some people who we shouldn't have allowed in, and we will deny some people who we shouldn't have denied. It's inevitable. And the book is all about this. The book is all about mistakes. We always make mistakes. Police shoot too quickly, and if they don't shoot quickly enough, they get shot. A friend of mine, a very close friend of mine, a policeman, Frank Burns, was shot and eventually killed because he hesitated and didn't want to shoot at a couple. The man was holding the woman, and the man was threatening the woman. And if he shot, he might have killed the woman. So he didn't shoot, and then the man shot him and eventually killed him. That's the kind of decision that policemen have to make every single day. The Supreme Court yesterday, nine to nothing, rendered a decision about whether or not the police can shoot somebody in a traffic stop. And, you know, people in robes, very easy when you're sitting in the Supreme Court with robes. To second guess a policeman who is nervous as hell, who has his gun out, who understands that his best friend was shot a year ago for not taking action, and he withholds action and he gets shot, or he doesn't withhold action and he shoots and he gets prosecuted. These are the kinds of decisions that I focus on and in my book, and I try to suggest a new jurisprudence, a new way of thinking about this whole new phenomenon. You know, we spent thousands of years developing a jurisprudence for how we respond to past crimes, but today, with, for example, spousal abuse, we have to figure out ways of protecting women from abusive husbands or abusive boyfriends, whether it be the case that's now pending in New York or cases all over the country. And so there have to be mechanisms whereby women can leave their husbands and go to safe places. Those are preventive measures that I write about in the book, too. You might think there's nothing in common between climate control, vaccination and a woman being beat up by her husband, but there's a lot in common. They're all preventive measures.
Christina Quinn
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Ryan
Hey, I'd like to change gears for a minute and talk about our friends in Israel now. It's now the month of May and 80 years ago this very month, the horror of the Holocaust, quote, the final solution, thank God, came to an end. But did you know that half of all Holocaust survivors, they now live in Israel. And the pain of the past now intensified today by what happened on October 7, 2023, and the rise of antisemitism everywhere. Thousands live in Israel below the poverty line. There's no safety net. We have partnered with a great organization called the International Fellowship of Christians and Jews. Now, the fellowship provides a lifeline to these precious people in the form of hot meals and boxes of healthy food. And for only 25 bucks, you can help provide a food box. And better yet, $335 provides hot meals for an entire year. Year. Call 888-488-IFCJ 888-488 IFCJ or online. You can give to ifcj.org that's ifcj.org.
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Colby Ekowitz
We've all done it. You see a headline but don't have time to read the whole story or there's so much news you're not sure what is worth your time. Colby I'm Colby Ekowitz, co host of Post Reports, the weekday afternoon podcast from the Washington Post. Post Reports brings you what's relevant and revealing. Breaking stories, politics, wellness, culture. Each episode goes beyond a headline for the context you need. Find Post Reports now wherever you're listening.
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Travis Holloway
And I'm Travis Holloway. Welcome to the wealth break.
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Let's be honest. Building wealth doesn't look the same for everyone. It's not just about saving. It's about investing. It's about navigating systems that weren't built for you, embracing your hustle and relying on your community to create something bigger.
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We're here to talk about the journey. You'll hear from people who've broken barriers, found creative ways to succeed, and learn to build wealth on their terms. Whether it's the first time homeowner, a gig worker, or someone turning a side hustle into a six figure business, we're bringing you their stories.
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And we're not stopping at success stories. We're breaking down the realities like what it means to take risk, how to navigate failure, and why resilience matters. Because wealth isn't about money. It's about creating a life where you can thrive and help others to do the same.
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Alan Dershowitz
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Christina Quinn
When we talk about preventive measures, we're talking right now kind of nationally, but on the world stage, you also have to take preventive measures. And right now Donald Trump is getting praise and also some criticism for his engagement in the Middle east because we've got some people saying, well, what does this do to Israel? There is this complaint right now that he has said, you know, Qatar has come to him and they've offered him this jet. And he said, you know, this is a great gift. I personally see, and maybe I'm wrong. I'll give you my interpretation. I think Donald Trump understands that when you go to another country, you have to understand their culture. You have to understand how to, how to honor what they believe is important. And they have offered him something for him to come out and say to the American people, they offered me this. It's not safe, we're not taking. It would have stopped all talks immediately.
Podcast Host
Look, I had the same experience. I went to Qatar at the request of the Amir and the Amir gave me a gift and I gave it to charity. I took it, though. I would never turn it down because that would be insulting. But then how I deal with it is my business. And so I gave it to charity. And I think that Trump is doing the same thing. He's not taking the airplane for himself. He's taking it to use as President of the United States, and then it will either be turned over to the library or it will be used by the future President of the United States as Air Force One. But I completely agree you're very sensitive to this, because I've had a lot of dealings with the Middle East. I worked on the Abraham Accords, I worked on many of the issues in the Middle East. You don't simply simply say no to Middle Eastern leader, by the way. You also don't say no to Donald Trump. You have to understand who you're dealing with. And as a lawyer for 60 years, I know how to deal with a Supreme Court justice who is arguing with me, or a judge or a prosecutor or a president. You have to be tough and firm, but polite. And you have to understand their culture. That's the key, understanding their culture. And that means do not turn down a gift.
Christina Quinn
Well, let me ask you about that, because in the state of Michigan, we have a big Arab American community. And that's kind of been my experience when I go and meet with them, has been, you know, you're going to stay, you're going to have a meal together. You might as well plan an entire day because they're going to host you in a way that, you know, the community on the west side of Michigan may not be the same. We have a time frame that we're going to meet and it's going to be a quick meeting and we're going to go on with our day. You know, if I go over to Dearborn, it's going to be an entire evening of spending time together, getting to know each other, talking about our kids. It's a different culture. How does that play politically then, in the country? Because I do. I see this as also a transactional relationship where it's like, well, if you were in office, if you were doing this, how could you help us? And how can we be a part of what you're doing? I think that's a good thing, though.
Podcast Host
I do, too. I was invited by the Prime Minister of the Palestinian Authority to have lunch. And I'm used to having lunch in a half an hour. And I go to this restaurant first. There are armed guards all around me to protect me. And then they bring out, I would say, roughly speaking, 100 dishes they put on the table of every conceivable food. And I eat it all because it's fantastic. And I figure I'm done. Then they bring out the main course and. And I finished lunch at 4 o' clock. That's the culture of Palestinians who live in Ramallah, where I spent those wonderful four hours. And so Michigan is a very diverse society. I don't particularly love some of the elected officials that have been. That have come out of Dearborn, but the people are wonderful. And look, the Jewish people and the Palestinian people have so much in comm. They have both been victims of persecution and double standards. I just hope for nothing more than a peaceful resolution of the Israel, Palestine, Israel, Arab, Israel, Muslim conflict so that both countries can beat their swords into plowshares and turn their nuclear weapons into nuclear medicine. I think that Donald Trump has a plan for seeing if that's at all possible by expanding the Abraham Accords. And I hope we can bring that about without endangering the Middle east and the world by allowing Iran to develop nuclear weapons.
Christina Quinn
But that's what your book is all about. I mean, essentially it's how do you do one without causing a bad effect with the other? And that to me, that's again, why I say every person in the political world should be reading this, because it is how you should think of everything. And it's really how you. I think today we have people that run for office on emotion, and emotion can't rule the day, especially when it comes to decision making at this level. And that actually, that was one of the things when we've gone to the Arab American community in the state of Michigan, and I campaigned there a lot for the president. One of the things that they would talk to the people who were, you know, a lot of people would come to these rallies, and there is a lot of emotion around that issue. And it is something that is, to the average American, foreign to us because we don't live in a war zone. We can't even imagine it. And you can easily get on one side or the other without truly knowing the history of region. But overwhelmingly, the people who had family members there would say to me, our belief is that Donald Trump will go there and try to bring peace and stop the death. That was what they wanted.
Podcast Host
Look, I agree. For example, yesterday, Donald Trump shook hands with the former dictator of Al Qaeda. He's now the president of Syria. And people say, oh, my God, he shouldn't reward terrorism. No, no, you have to be pragmatic. And what Donald Trump does, he looks to the future. And, you know, you make peace with bad people. I had dinner with the Emir of Qatar in Donald Trump's hotel in New Jersey along with President Trump. And, you know, I have a lot of criticism of Qatar. But if he can help make peace if he can help bring about the hostages, if he can prevent another October 7th, hey, I'm on his side, and I'm prepared to forgive him and the head of Syria for all the things that they may have done in the past, if they can help produce something in the future. That's what prevention is all about. Prevention is all about striking a balance. It means compromise, it means negotiation. It means being willing to give up a little bit of freedom for a lot of security, but never being willing to give up a lot of freedom for a little bit of security. And that's the thesis of the book. Benjamin Franklin put it better than I did 200 years ago. But I try to build on Franklin's notion, and the subtitle of the book is about that. The Challenge of Preventing Serious harms while Preserving Essential Liberties. That is a paraphrase of Benjamin Franklin. So, yeah, this is a new book, but it's 225 years old in the sense that it reflects what our founders had in mind for why we have a constitution that is intended to strike that balance.
Christina Quinn
Well, and that's something that I think a lot of people are sensitive to right now after the pandemic, and they feel like they were constrained. I mean, I went to New York during the pandemic, and we couldn't walk in a restaurant. The streets were empty. It was. It was a shocking time. But I think it was a shocking time because, you know, it just affected people's lives. The kids were out of school. Everything people are still panicked about, well, what if the executive orders could do something that would stop everything from happening again? And I think that's where. When you see a lot of power with one person, whether it be a governor or a president, and this is why Donald Trump has done a lot as president that has gone through executive order. And you see Congress right now with the big, beautiful bill, trying to make some of these changes permanent to the government. And I think that that's. Obviously, we're seeing the push and pull right now on that. How do you take some of this out of executive orders and have it in law without making taking away our liberties?
Podcast Host
Well, it's very easy. Congress has to step up to the plate. They haven't been because they have a president who they support. The House and the Senate are both in the hands of Republicans. They've left it to executive order. Now, that was Thomas Jefferson when he bought Louisiana. That was President Lincoln when he suspended the run of Fabius Corpus. That was Franklin Roosevelt. Some of the great presidents have used executive orders because the legislature hasn't really stepped up. Article 1 of the Constitution gives the legislature the primary power to make these decisions. But if the legislature doesn't do it, or if there's an emergency, the president has to do it, subject to judicial review. That's our wonderful system of checks and balances. You know, you talk about the pandemic. I still carry this around with me in my pocket. I rarely wear it, but when I go into the theater and it's very crowded, you know, I'll still put it on as a preventive precaution. I'm 86 years old. I do not want to come down with a Covid. And so at my age, I err on the side of wearing the mask. If I were 26 years old, I might very well err on the side of not wearing the mask. So everything is different. You know, even we hear a lot about due process. And in the book, I explained due process. What does due process mean? What it means is the process that's due to you based on who you are. So if you're an American citizen, you're charged with a crime, your due process is massive, you know, indictment, presumption of innocence. But if you're an immigrant who's across, just crossed the border and was caught, the only process that's due to you is you have to be given a chance to show you're an American citizen. And if you're not, you're just taken back and put across the border again. That's the process you're due. And so due process is always going to be relative to who you are, what actions the governments are taking, and how emergent these actions are. And so our Constitution is not a suicide pact. It's a sliding scale of rights, privileges, and concerns to make sure we protect the interests of the people. Thomas Jefferson said that, Abraham Lincoln said that. And I try to emulate that in my book the Preventive State, where I argue for a very pragmatic approach. Very pragmatic. And it's not surprising that the introduction to the book was written by Steve Breyer. Justice Stephen Breyer, who was known as the most pragmatic of the justices on the court. He loved the book because he said it was really pragmatic. It focused on liberty, but it also focused on the essential goals of having a system of governance under law. You know what they discovered at the Harvard Law Library last week? An original copy of the Magna Carta from 1215. That was the original charter that gave us our writ of Habeas corpus, due process, the rule of law, and a range of other things. And the amazing thing is it was sitting 100 yards away from me for the 50 years I was teaching at Harvard in the library, and I never once saw it or even knew it was there.
Christina Quinn
That's incredible. Let's take a quick commercial break. We'll continue next on the Tudor Dixon Podcast.
Ryan
Hey, I'd like to change gears for a minute and talk about our friends in Israel now. It's now the month of May, and 80 years ago this very month, the horror of the Holocaust, quote, the final solution, thank God, came to an end. But did you know that half of all Holocaust survivors, they now live in Israel. And the pain of the past now intensified today by what happened on October 7, 2023, and the rise of anti Semitism everywhere. Thousands live in Israel below the poverty line. There's no safety net. We have partnered with a great organization called the International Fellowship of Christians and Jews. Now, the Fellowship provides a lifeline to these precious people in the form of hot meals and boxes, a healthy food, and for only 25 bucks, you can help provide a food box. And better yet, $335 provides hot meals for an entire year. Call 888-488-IFCJ 888-488-IFCj or online, you can give to ifcj.org, that's ifcj.org hey, Matt Gaetz here.
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Colby Ekowitz
We've all done it. You see a headline but don't have time to read the whole story or there's so much news you're not sure what is worth your time. Colby I'm Colby Ekowitz, co host of Post Reports, the weekday afternoon podcast from the Washington Post. Post Reports brings you what's relevant and revealing. Breaking stories, politics, wellness, culture. Each episode goes beyond a headline for the context you need. Find Post Reports now wherever you're listening.
Rodney Williams
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Travis Holloway
And I'm Travis Holloway. Welcome to the Wealth Break.
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Let's be honest, building wealth doesn't look the same for everyone. It's not just about saving. It's about investing. It's about navigating systems that weren't built for you, embracing your hustle and relying on your community to create something bigger.
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Christina Quinn
Honestly, it's been such a joy to sit here and talk to you and learn from you. And I can see why your students loved you so much. But before we end, I want to go over one more thing, because we're suddenly hearing all of these reporters are coming out with these books about who the true Joe Biden was the last four years, and we're suddenly hearing, oh, talks of he should have been in a wheelchair and all this. And like I said, the president over this past week has been in the Middle east. And now prominent Democrats are coming out and saying, look what it's like when you don't have somebody that brain dead. They've actually said that they knew that we lost four years in this country. First of all, how much damage has that done to us? And is it something that President Trump is able to quickly reverse?
Podcast Host
Well, look, I knew Joe Biden for 50 years, and he always stuttered, he always had difficulties, word finding. Obviously, it got much worse in the last several years. And I think that the people around him had an obligation, just the way people around Ronald Reagan had an obligation to disclose his Alzheimer's toward the end of his life. And Woodrow Wilson, his wife, didn't disclose. People love to hang on to power. And we'll never know what we lost because there's one thing to say, oh, he did something wrong. We don't know whether or not Biden did anything wrong, but maybe he failed to do things that he could have done. When you compare Joe Biden's last months in office with Donald Trump's first months in office, you see incredible differences. And so did we lose something? Yes. And did the people around Donald Biden fail us? Yes, they did. They should have been more honest and more open. And I think the American people have a right to be complaining about that. But, you know, it's, it's, it's nonpartisan. That's why we have our 25th amendment, because we know that nobody is irreplaceable and nobody is beyond the possibility of getting sick. Franklina Roosevelt, his last month in office, he was very, very sick. We've had at least four or five presidents who have not functioned up to their expected capacity. But it's very, it's much more visible now with social media, television, with the debate. I mean, obviously, or the debate understood that we have a president who is not functioning at full capacity. But let me tell you one thing about Joe Biden. He's a nice guy. He's a nice guy. I've known him for years. He's kind and he thinks well of people. He's a very nice man. But by the way, so was Donald Trump. I've known Donald Trump for many years as well. If you have a problem with a family member or anything like that, Donald Trump is the first guy who's going to call you every day, who's going to worry with you about whether your child or your family. I know from personal experience that that's true. It was not true of Barack Obama, who was not a nice guy and didn't care about other people and friends. So he may have been. You know, people think he may have been a good president. But when you know people personally, and I've known every president in the United States over the past, since John Kennedy was president, the first person I ever voted for, you can judge people on two criteria. How great a president were they, and were they nice guys? Were they nice people? I hope pretty soon we can say, were they nice women? I want to see. I want to see women running for president. So maybe, you know, you get back into politics. Who knows?
Christina Quinn
Well, I know. I think what you're saying is incredibly important, and I think we saw that. You know, it's hard because there's so much drama around the discussion of should he have been in office? But I think that we saw that very clearly after the debate because of the reactions of people who truly knew him. On tv, you saw people tearing up. You saw people saying, this isn't the Joe that I knew. And people who aren't nice people don't care. They don't even come out and comment.
Podcast Host
Tell you a story. So I'm in the White House for a Hanukkah party. Biden is the vice president. So this is years ago. And my phone rings, and you're not supposed to have your phone on. And he says, alan, I said, oh, my grandson is about to learn whether he got into Harvard or not. He said, take the call, take the call, take the call. My grandson says, I got into Harvard, and Joe Biden grabs the phone from me and he asked me what my grandson's name is. I say, lyle. And the vice president, United States, says to Lyle, hey, Lyle, good job. Congratulations. Getting into Harvard. Now do the smart thing. Go to the University of Delaware. It's a much better school. Biden, he is very friendly. And by the way, he's probably right now about Harvard and the University of Delaware. Harvard has become very diminished and very broken. And state schools, many schools now, have improved enormously. And I'm giving a graduation speech soon at a university. I'm going to be talking a lot about what's happened to Ivies, what's happened to elite schools and how important it is to have the federal government and state governments exercise some degree of control over what's going on on these campuses. The inmates cannot be allowed to run the asylum.
Christina Quinn
Right. Well, I mean, and that is a perfect segue to your book, because this is. This is the question, how do you prevent that? So. So let's just talk about this one more time before you go. It's the preventative state, the challenge of preventing serious harms while preserving essential liberties. Where can people get it?
Podcast Host
Amazon. It's available now, literally. Pub Date, I think was. Was this week. And so you can get it. It was a top bestseller on new releases. And so I'm hoping people will buy it. More importantly, I'm hoping people will read it. I'm hoping it will influence the debate and I hope it will influence young members of Congress and other elected officials to understanding that we're moving to a new phase in our history of the world, much more toward prevention and away from reaction. And we have to make sure we understand. And there's a lot in the book about artificial intelligence and how artificial intelligence both poses dangers and also poses potential prevention and relief from the dangers, because artificial intelligence gives us a better ability to predict the dangers of the future. So it's very much a contemporary book which takes into account all the developments in modern science.
Christina Quinn
I mean, but it is starting to look like Minority Report, that movie where they could prevent things from happening. But then you had the question of, are you arresting people before a crime is committed? And they're not really. It's fascinating, but honestly, I do think that no matter what level of government, whether you are on the local county commission mission, if you are in your state legislature, if you are a U.S. senator, a U.S. congresswoman, or man, then you should read this because it's very valuable to me as I'm reading through it and I'm thinking about my own state and the things that have gone wrong, but the things that we have to do to make it right. It's a different world. You're right. So I appreciate it. Thank you so much for being on today. Alan Dershowitz, thank you for your brilliant.
Podcast Host
Questions and I really appreciate your having me on the show. Thanks.
Christina Quinn
Thank you. And thank you all for joining us on the tudor. You thank Dixon podcast for this episode and others. Go to tutordixonpodcast.com, the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts. Have a blessed day.
Colby Ekowitz
We've all done it. You see a headline, but don't have time to read the whole story or there's so much news you're not sure what is worth your time. I'm Colby Ekowitz, co host of Post Reports, the weekday afternoon podcast from the Washington Post. Post Reports brings you what's relevant and revealing breaking stories, politics, wellness, culture. Each episode goes beyond a headline for the context you need. Find Post Reports now wherever you're listening.
Rodney Williams
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And I'm Travis Holloway. Welcome to the wealthbreak podcast, a real conversation about finance.
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To revisit that and we're not stopping at success stories.
Podcast Host
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Podcast Summary: The Tudor Dixon Podcast – "The Preventative State with Alan Dershowitz"
Podcast Information:
In this enlightening episode of The Tudor Dixon Podcast, renowned legal scholar Alan Dershowitz delves into his latest work, "The Preventative State: The Challenge of Preventing Serious Harms While Preserving Essential Liberties." Hosted by Christina Quinn, the conversation navigates the intricate balance between governmental preventive measures and the preservation of individual freedoms in contemporary society.
Alan Dershowitz introduces the central thesis of his book, emphasizing the shift from reactive to proactive measures in governance.
Alan Dershowitz [03:00]:
“When we used to wait until harms occurred and then we would go and punish them, today...we move much earlier and we endanger civil liberties.”
Dershowitz posits that modern challenges—ranging from nuclear threats to climate change—necessitate preemptive actions, but these actions must not excessively infringe upon civil liberties.
A recurring theme in the discussion is the delicate equilibrium between ensuring public safety and maintaining individual rights.
Alan Dershowitz [04:18]:
“Benjamin Franklin put it very well 200 years ago when he said that giving up a little bit of liberty for safety is a problem that we have to deal with.”
He elaborates on the necessity of evaluating the trade-offs involved in preventive measures, questioning how much liberty should be surrendered to avert potential harms without overstepping governmental authority.
Dershowitz applies his theoretical framework to various real-world scenarios, illustrating the practical implications of a preventive state.
Discussing gun control, Dershowitz examines red flag laws intended to prevent firearms from falling into dangerous hands.
Alan Dershowitz [04:36]:
“The red flag laws have prevented some shootings, but they've also disarmed people who probably have a right under the Second Amendment to bear arms.”
He highlights the complexity of implementing such laws, where increased safety measures may inadvertently infringe upon constitutional rights.
The conversation shifts to immigration policies, particularly the balance between detaining individuals deemed dangerous and ensuring due process.
Alan Dershowitz [11:24]:
“We have to create more visibility on both sides and let America make the decision. We are a nation of immigrants, but we are a nation of legal immigrants.”
Dershowitz underscores the importance of a fair and transparent immigration process, acknowledging the challenges in distinguishing between those who pose genuine threats and those who contribute positively to society.
Climate change serves as another critical area where preventive actions can lead to significant societal and economic impacts.
Alan Dershowitz [08:13]:
“For everything, we have to strike a balance. We lose jobs when we get too green, but we lose climates when we don't get green enough.”
He discusses the immediate versus long-term consequences of environmental legislation, advocating for a measured approach that considers both economic and ecological outcomes.
Dershowitz delves into the legal frameworks necessary to navigate the preventative state, proposing a new jurisprudence that accommodates preemptive actions without compromising fundamental rights.
Alan Dershowitz [06:54]:
“There has to be a balance which allows the government to act preventively but without denying essential civil liberties.”
He advocates for a system where legal mechanisms are in place to evaluate the efficacy and ethical implications of preventive measures, ensuring that liberty is not unduly sacrificed for security.
Addressing contemporary advancements, Dershowitz explores the potential and pitfalls of artificial intelligence in enhancing preventive strategies.
Alan Dershowitz [46:26]:
“Artificial intelligence gives us a better ability to predict the dangers of the future.”
He posits that AI can significantly aid in forecasting and mitigating threats, but it also introduces new challenges related to privacy, bias, and the potential for governmental overreach.
Throughout the interview, Dershowitz shares personal anecdotes and reflections, providing a deeper understanding of his motivations and the evolution of his thoughts on prevention and liberty.
Alan Dershowitz [10:26]:
“This is my magnum opus. I'm now 86 years old and I've written 57 books. But this is the most important one I wrote.”
His extensive experience and dedication to the subject underscore the critical nature of the discourse surrounding the preventative state.
Dershowitz concludes by emphasizing the urgency of his work and the necessity for public engagement in the discourse on prevention and liberty.
Alan Dershowitz [45:29]:
“The Preventive State is available now on Amazon. I hope people will read it and get in touch with me and give me input, because this is a work in progress.”
He invites listeners, especially those in positions of power, to consider his framework in shaping future policies that responsibly balance security and freedom.
Final Thoughts:
This episode provides a comprehensive exploration of the challenges and considerations inherent in transitioning to a preventative state. Alan Dershowitz offers a nuanced perspective, advocating for proactive governance while steadfastly protecting essential liberties. His insights are particularly relevant in today's rapidly evolving societal landscape, where the interplay between security and freedom is increasingly complex.
Listeners are encouraged to engage with Dershowitz's work, reflecting on how to implement preventive measures that respect constitutional rights and promote a just society.