Weekly Review With Clay and Buck H2 - Everything About Race Must Go

Summary

The Clay Travis and Buck Sexton Show

Episode: Everything About Race Must Go – Weekly Review H2

Date: May 2, 2026
Podcast: The Clay Travis and Buck Sexton Show (iHeartPodcasts)

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Episode Overview

This episode zeroes in on a landmark Supreme Court decision that struck down racially gerrymandered congressional districts, especially affecting states in the South. Clay Travis and Buck Sexton analyze the ramifications for national politics, the legal philosophy behind the ruling, and broader debates around race, affirmative action, and identity politics. Other topics include the James Comey indictment, at-length discussions with callers, and the latest controversies in Washington, D.C., always delivered with the show’s signature irreverence and directness.

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Key Discussion Points & Insights

1. Supreme Court Decision on Racial Gerrymandering

Timestamps: 03:03–10:44

• Clay Travis explains the Supreme Court’s 6-3 ruling that racially gerrymandered districts in the South (notably Louisiana) are unconstitutional.
  • “Justice Alito opinion, as we predicted... putting a congressional district together because of race is an unconstitutional gerrymander.” (03:46 – Clay)
• The case originated in Louisiana (Louisiana v. Calais) over the creation of a second majority-black congressional district.
• Potential impact: Republicans could gain up to 12 congressional seats if red states redraw maps, making the House “even more red” for upcoming elections through 2030.
• Clay highlights political realities: since most black voters lean Democrat, race becomes a proxy for Democratic support.
  • “So the results... show that if Republican red states take this Supreme Court decision and run with it... that could be transformative.” (05:50 – Clay)
• Commentary on major state responses: Florida and Tennessee moving quickly to redraw maps; legal challenges expected, especially in states like Alabama with imminent primaries.

2. Broader Implications of the Ruling & Race in Law

Timestamps: 07:14–10:44

• Buck Sexton frames the decision within constitutional principles and history:
  • “I think red states and blue states, the consolidation by political affiliation is going to become more extreme.” (07:34 – Buck)
  • He advocates for eliminating all racial distinctions in law:
    • “Everything by race must go. We must have the application of the equal protection clause... it's inherently unworkable too.” (09:18 – Buck)
    • Draws parallels to affirmative action and even South Africa post-apartheid, warning against perpetuating legal racial preferences.

3. The Ketanji Brown Jackson Appointment & Legal Double Standards

Timestamps: 12:17–16:32

• Clay raises a provocative legal question: If racial gerrymandering in districts is now unconstitutional, is Biden’s explicit promise to appoint a black woman to the Supreme Court also unconstitutional?
  • “If you can’t racially gerrymander congressional districts in the United States, why can you racially gerrymander the Supreme Court?” (12:50 – Clay)
• Clay doubts there’s a mechanism to challenge Jackson’s seat but argues the logic is inconsistent.
  • “I don’t think it’s legal under our Constitution for Joe Biden to have said, I’m putting a black woman...” (13:53 – Clay)
• Buck weighs in, noting there’s no way this could remove Jackson, but agrees that affirmative action has driven unconstitutional practices for decades.
  • “But there’s no mechanism... They’re not going to undo a Supreme Court appointment.” (15:08 – Buck)
• Both hosts critique affirmative action as “fixing racism with more racism.”
  • “That's basically the entire concept of affirmative action which infected and impacted all aspects of American life.” (16:32 – Clay)
  • Buck highlights Harvard’s discrimination against Asian applicants as egregious.

4. Congressional Redistricting & Legal Uncertainties

Timestamps: 10:44–12:15, 33:38–35:56

• Discussion of state timelines: Some can redraw maps quickly; others (like Alabama) face timing issues due to primary dates.
• Virginia is specifically mentioned as currently challenging its new map in the state supreme court.
• Callers seek clarity on whether the ruling affects partisan (non-racial) gerrymandering. Clay distinguishes: partisan gerrymandering remains legal; this ruling only addresses racial gerrymandering.
  • “So what is legal is partisan political gerrymandering... Virginia doesn't have a huge black population, so I don't think the map... takes race into account substantially.” (33:53 – Clay)
  • “Much of New England has completely eliminated the Republican Party... based on political gerrymandering, not racial gerrymandering.” (35:26 – Clay)

5. James Comey Indictment and Media Fallout

Timestamps: 23:54–31:20

• Clay recaps Comey’s indictment over a social media post (seashell photo with numbers “86-47,” alleged to be a coded message).
  • “He’s a swarmy liar... Now, there’s a lot of talk now about what’s going to happen... I think it’s possible we get a conviction.” (27:12, 28:17 – Clay)
• Buck is skeptical of a conviction unless the venue is outside deep-blue strongholds, but notes “it could be a little bit more of a hot seat situation for Comey” given the North Carolina jury. (28:40 – Buck)
• Audio of Comey’s statement included (“I’m still innocent, I’m still not afraid...”), which both hosts mock as self-serving and sanctimonious.
• Buck cynically notes: “He will turn this to his advantage... I don’t think Comey’s done being involved in government.” (30:37, 30:38 – Buck)
• Both hosts (and callers) see the charges as minor, wish Comey were facing accountability for his management of major DOJ controversies instead, but are frustrated by expired statutes of limitations.

6. Listener Call-In Segment: Legal Nuances & Racial Gerrymandering

Timestamps: 33:36–39:11

• Callers raise legal technicalities (questioning the legality of Jackson’s appointment due to “auto-pen” signature—dismissed by Clay and Buck as irrelevant).
• Theoretical debate: Even if a president’s explicit race-based selection is inconsistent with the new decision, there’s no realistic path to reversal.
  • “...The likelihood of the Supreme Court taking a case about whether one of their justices is able to be a Supreme Court justice... is a low probability event.” (38:54 – Clay)

7. Secret Service Shooting Incident

Timestamps: 44:42–46:36

• Clay briefly addresses new revelations that a Secret Service agent shot another Secret Service agent during a recent security incident, raising doubts about Secret Service competence.
  • “They fired their weapons, couldn't hit the guy, and only by the grace of God was nobody hurt.” (46:30 – Clay)
  • Expresses ongoing concerns with Trump’s security in light of repeated failures.

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Notable Quotes & Memorable Moments

• On the Supreme Court Decision:
  • Clay: “Putting a congressional district together because of race is an unconstitutional gerrymander.” (03:46)
• On Race-Based Law:
  • Buck: “Everything by race must go. We must have the application of the equal protection clause, the Constitution.” (09:18)
• On Affirmative Action’s Legacy:
  • Clay: “We used to be racist, so we have to fix the racism with more racism.” (16:32)
  • Buck (on Harvard): “The way that Harvard tried to cover up what they were doing was to say that Asian... students lacked leadership capabilities and didn’t have good personalities... it’s like they were saying they were boring.” (17:39)
• On the Ketanji Brown Jackson Debate:
  • Clay: “If you can't racially gerrymander congressional districts... why can you racially gerrymander the Supreme Court?” (12:50)
  • Buck: “There’s no mechanism... They're not going to undo a Supreme Court appointment.” (15:08)
• On Comey Indictment:
  • Clay: “He’s a swarmy liar... I think it's possible we get a conviction.” (27:12, 28:17)
  • Buck: “He will turn this to his advantage... I don’t think Comey’s done being involved in government.” (30:37, 30:38)
• On Secret Service Incident:
  • Clay: “They fired their weapons, couldn't hit the guy, and only by the grace of God was nobody hurt.” (46:30)

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Key Segment Timestamps

• 03:03–10:44 — Breakdown of Supreme Court decision and political impact
• 12:17–16:32 — Legal reflections: Ketanji Brown Jackson, race, and constitutional consistency
• 23:54–31:20 — James Comey indictment, political subtext, listener reactions
• 33:36–39:11 — Calls: legal challenges, gerrymandering, Supreme Court appointment hypotheticals
• 44:42–46:36 — Secret Service shooting, Trump’s security concerns

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Final Thoughts

This episode epitomizes Clay and Buck’s blend of legal analysis, political commentary, and provocative debating. They tackle the ramifications of dismantling race-based districting head-on, questioning long-held legal doctrines and Democratic strategies. By juxtaposing the Supreme Court's logic with current identity politics, particularly via Biden’s Supreme Court appointment and the enduring drama with James Comey, the hosts force listeners to confront uncomfortable constitutional and cultural inconsistencies. Whether discussing courtroom outcomes or government accountability, their tone remains direct, sardonic, and engaged with their audience’s concerns—delivering the “intelligence and humor” the show promises.

Transcript

[Buck Sexton]

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[Buck Sexton]

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[Clay Travis]

number two Clay Travis Buck Sexton show. As we begin, our number two doesn't happen that often, Buck, but we have each of the major news networks with different stories as they're open. King and Queen take part in 911 memorial event Fox News News right now on CNN. The Comey turning himself in and Pete Hegseth testifying on the cost of the Iran war is the lead story of msnbc. I actually think the one that is going to be the most consequential that has happened today is the Supreme Court decision that came down earlier this morning. We've been talking about this one for a while. Six to three decision. Effectively, the Supreme Court has stricken down racially gerrymandered districts which are primarily in the south in a Justice Alito opinion, as we predicted, I believe it was last week with Molly Hemingway writing for the majority. He essentially says what is indisputably true, that putting a congressional district together because of race is an unconstitutional gerrymander. Now this is primarily going to impact the south because there is a large black population in many Southern states. And as a legacy of the civil rights era, the Voting Rights act had been previously considered to be constitutional to take race into account. 60 years later. Now they are saying that it is manifestly not the case that you can draw a racially gerrymandered district. Of course, Buck, this relies upon the fact that black voters overwhelmingly vote Democrat. So race is in this case a proxy for Democrat political support that is changing somewhat but not super rapidly. And so the results based on the maps that I have all seen show that if Republican red states take this Supreme Court decision and run with it, it originated in Louisiana. Calais, Louisiana vs Calais was the lawsuit when they tried to draw a second racially gerrymandered district in Louisiana. The plaintiffs sued and said this is not permitted. And so Buck, the numbers that I have seen suggest that Republicans could add 12 seats simply by removing racially gerrymandered districts, including potentially, as we just read in my home state of Tennessee, where the woman that I believe is going to be the next governor, current Senator Marsha Blackburn, has already spoken out and said, do away with the Memphis district. Let's make Tennessee 100% red. It also comes on the heels of Florida planning a redistricting, I believe, am I correct that Ron DeSantis, governor of Florida, scheduled to join us tomorrow on the program to talk about his proposed map, which would go to. I believe I'm correct on this, 24 Republican districts, four Democrat districts, and add four Republican districts to largely cancel out what Virginia did. But this buck is a tidal wave of potential impact when you consider that effectively we live in a 50, 50 house world. 12 districts that could become reliably Republican would be transformative potentially in the overall House races, not just in 26, but in 28. And then we get the census in 30, and it becomes even more of a red world that we are living in. Your thoughts when you saw this come down, that's the big background. And I can dive into the legal intricacies if we want to, but that's, I'd say, big picture idea of what happened.

[Buck Sexton]

I thought that was jolly good. No, I'm just kidding. Sorry, I'll stop. No, I think that you, you, you laid it out very, very well. I think that a couple of things. I have a, a 30,000 foot. Foot view of this and a hundred thousand foot. Well, would that be like that? Probably outer space. Right. How. When does it turn in? When does the atmosphere. I don't know. We got to look that up. But 30,000ft, definitely you're in a plane. Planes go up to I think, 50,000ft sometimes. Right. And then beyond that, the air is too thin for normal flight. Here's my thing. First level of this is I think red states and blue states, the consolidation by political affiliation in this country is going to become even more extreme because you're going to have people now who feel like, if they like. And maybe some people don't care about political representation and so they'll just sort of stick it out. But if you're living in, I mean, if you're living in Virginia and you are going to have not only a, you're going to have a effectively entirely blue state, you know, or rather a congressional map, that's something that people might find very frustrating. You're gonna be living, you'll be represented by a blue member of Congress and you have really no choice in that matter. So that's one part of this, is that I think this is just ideologically you're gonna see more sorting by party color. And as you know, I still am very annoyed. They should be the reds and we should be the blue. But because of tv, this is the way it goes for now. And then the other thing I think of, Clay, is we just, people need to start thinking more of things like the Voting Rights act as an emergency and temporary measure that is unworkable over the long time, over the long term, rather, because it inherently violates the most fundamental principles of the Constitution of the founding of our republic. And that is that there can be any distinctions made in law by race, by skin color whatsoever. That is always a problem. It is always going to lead to discrimination, to legalized racism. And you note this, even in a place like South Africa, people have seen this now, yes, there was an insidious regime of anti black discrimination under apartheid that existed. Now you have anti white apartheid, essentially you have anti white discrimination going on in that country. That's also bad. And now I'm not saying we're in a South Africa situation, but I am saying that whether it's affirmative action and college admissions, whether it's congressional districts by race, everything by race must go. We must have the application of the equal protection clause, the Constitution. And I understand that some of these are amendments to the Constitution. They need to go to. This stuff needs to be, you know, the ones that classify people by race. Because it's inherently unworkable too. You start to think about this, ok, so what qualifies and what does it and who self identifies and what is the government figure on this and everything. It's a mess. The whole thing's a mess. So that's my. In the sort of higher atmosphere view of it. But in the meantime, yeah, this is about power. This is all this really, because this is about power. Democrats are using the history of racial discrimination to try to advantage them so that they can tell you what you can do today in this country with Democrat control in the House. That's what this is.

[Clay Travis]

Florida's House just passed 83 to 28 overwhelmingly. The new map that Ron DeSantis has put forward that would add four Republican seats and also it is now headed to the Senate. So this thing is moving in an expeditious fashion in Florida. Tennessee, I think, is going to have a special election season to redraw maps some states. To be fair, Buck, it's going to be very challenging because of when their primary is to be able to redraw the districts before we get to the 2026 elections. So I'll give you an example. Alabama, for instance, I think in mid May, if I'm not mistaken, has its primary. And so that would be really difficult at this point to do. A state like mine, which has primaries in August, I think could very easily redraw. Now, to be fair as well, the redrawn district in Virginia is currently in front of the Virginia Supreme Court to see whether or not it's legal. Expect that there would be legal challenges to all new districting maps that are put in place all over the country. And we all know when court cases, cases are arising that can create complications. Buck, let me hit you. Let me hit you with this question. I tweeted this provocatively. Provocatively, I say provocative.

[Buck Sexton]

Clay. Oh, showing a little leg here. What's going on?

[Clay Travis]

Yes. Katanji Brown Jackson is not eligible to have been put on the Supreme Court based on the decision that you could read the line through in the Voting Rights Act. Let me just kind of give you this argument. If it is unconstitutional to racially gerrymander congressional districts, that is, you cannot draw a congressional district to put a black person in office and comply with the Constitution. That is what the Supreme Court said today. How is Joe Biden intentionally saying, I'm going to put a black woman on the Supreme Court constitutional? Think about it. If you can't racially gerrymander congressional districts in the United States, why can you racially gerrymander the Supreme Court? I don't know how many other people are going to start to ask this question. All Biden could have done if he had just not said, I'm going to put a black woman on the Supreme Court. And he had done it, he could argue she was the best, she was the most qualified. He looked at all the candidates, and he made that choice as a result. And you wouldn't be able to prove that necessarily that her race or her gender, but in this case, her race had something to do with it. But that wasn't enough for Democrats because they play the racial spoil system to such a degree because identity politics is so real. Buck Biden specifically and explicitly said, I'm putting a black woman on the Supreme Court. If you said that in a congressional redistricting, on its face, it would be unconstitutional. So I don't. I legitimately mean this. I think it's provocative because a lot of people won't address it and they'll be afraid of, oh, well, I'm going to get called racist. If I point this out, I don't think it's legal under our Constitution for Joe Biden to have said, I'm putting a black woman black emphasize here. Right. Because he did under the precedents that the Supreme Court now has, not only for redistricting but, but also for Supreme Court precedent on for colleges and universities. Now, that gets complicated. We could get a legal nerd on here. I don't know how you challenge her appointment and argue that it invalidates the law. And it would actually turn into an interesting question, which would be, can the president violate federal law in this way? Does he have the province to be able to do it? It turns into an expansive presidential powers argument and you would have to have someone who has standing and all these things. But a bunch of you are lawyers out there. Am I crazy on this or is the natural reading of this opinion today not a direct indictment of the legality of Ketanji Brown Jackson's appointment to the Supreme Court? I think it is.

[Buck Sexton]

Well, in principle, but there's no mechanism for. They're not going to undo a Supreme Court appointment over there. You don't actually think this is going anywhere?

[Clay Travis]

Well, I mean, you're being Clay the

[Buck Sexton]

law professor, not Clay the political prognostic.

[Clay Travis]

Yeah, yeah. No, from a, this is, Again, I think the challenge would be standing on how to do it. But if we're redrawing all these congressional districts because of racial gerrymandering. The Supreme Court was racially gerrymandered too. So anyway, I, I, I just think it's, you know, impeachment is the process by which you remove a justice, and that requires a tremendous amount of, of, you know, 70, 67% or whatever the heck it is of the Senate in order to do. We can't get 67 senators to agree to anything. Which is why the whole Trump impeachment is a joke on its face, too. But I do think that it directly goes to her appointment and I don't think it was legal under federal law as applied to the Constitution.

[Buck Sexton]

Oh, I'd agree. Well, I also think a lot of things have been done that are unconstitutional and illegal under the regime of affirmative action. It's kind of interesting how do you retroactively think about these things? But the entire elite university industrial complex of our lifetime really was engaged in systematic discrimination based upon the understanding we have now of the Constitution of the supreme system.

[Clay Travis]

Yeah, look, I mean, and what we basically decided was we used to be racist, so we have to fix the racism with more racism. I mean, that's the simple way, I think, to distill what happened. Yes, racism was bad and it existed in this country for a long time. How do we fix it? Well, we'll be racist in the other direction to try to balance out the long term inequities. That's basically the entire concept of affirmative action which infected and impacted all aspects of American life. And now all we're doing, I would argue is saying, well, we were racist, we swung too far in the racist direction, in the other direction. And now we need to come back to a race neutral concept of the Supreme Court, which interestingly, overwhelming majorities of voters, white, black, Asian, Hispanic, actually are in favor of. Because remember, even in California, affirmative action has gotten trounced when they actually put it on the ballot. Now, partly that's because the most discriminated against group from affirmative action, arguably Asian people. When you look at some of the data on, on it was so offensive to what.

[Buck Sexton]

The way that Harvard tried to cover up what they were doing was to say that Asian. This is, this is from Harvard, to be very clear, extremely academically elite Asian students lacked leadership capabilities and didn't have good personalities. It's like they were saying they were boring. Yeah, they were boring. Yeah, that's what Harvard was saying internally.

[Clay Travis]

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[Buck Sexton]

Life can be tough. Every one of us faces seasons of uncertainty, doubt and challenges that can feel overwhelming. And in those moments, we all need real encouragement, something solid to hold on to. That's why you want to know about InTouch.org it's the online home of Dr. Charles Stanley's ministry, and it's filled with resources created to strengthen your faith and help you grow spiritually. When you visit, you'll find powerful sermons that speak directly to the heart, daily devotionals that offer practical wisdom, and tools designed to help you walk more closely with God in your everyday life. Whether you're searching for guidance, peace, clarity, or simply a reminder that you're not walking through life alone, InTouch.org is there to support you. So don't wait. Take a moment to explore everything it offers and discover biblical truth that speaks to your life, encourages your spirit, and helps you move forward with renewed hope.

[Sponsor Voice 1]

Support for the show comes from Public, the investing platform for those who take it seriously. On Public, you can build a multi asset portfolio of stocks, bonds, options, crypto and now generated assets which allow you to turn any idea into an investable index. With AI, it all starts with your prompt. From renewable energy companies with high free cash flow to semiconductor suppliers growing revenue over 20% year over year, you can literally type any prompt and put the AI to work. It screens thousands of stocks, builds a one of a kind index, and lets you back test it against the S&P 500. Then you can invest in a few clicks. Generated assets are like ETFs with infinite possibilities, completely customizable and based on your thesis, not someone else's. Go to public.com podcast and earn an uncapped 1% bonus when you transfer your portfolio. That's public.com podcast paid for by Public Investing Brokerage Services by Open to the Public Investing Inc. Member FINRA and SIPC Advisory Services by Public Advisors, llc. SEC Registered Advisor Generated Assets is an interactive analysis tool. Output is for informational purposes only and is not an investment recommendation or advice. Complete disclosures [e-mail] disclosures these days it

[Sponsor Voice 2]

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[Buck Sexton]

an ounce, gold prices have softened. What does that mean for you? It means this is a buying opportunity. Whether you haven't yet diversified your savings into gold or maybe you just want to buy more birch Gold Group can help you. The fundamentals are still out of whack. Surging oil prices keep inflation high, the national debt is still soaring and central banks are still buying massive quantities of gold. That's why my belief in gold hasn't changed one bit. Educate yourself. Birch Gold will send you a free info kit on gold when you text my name Buck to 9898 98. There's no obligation, only useful information, including how you can own gold in a tax sheltered retirement account with an A plus rating with the Better Business Bureau and tens of thousands of happy customers. See if buying the dip makes sense for you right now. Text buck to the number 9,898 98. Claim your free info kit and diversify your savings with gold. Text Buck to 989898 welcome back in here to Clay and Buck. We got a lot to get into and that includes all of your thoughts and talkbacks and everything else. Let's see. Podcast listener in Treasure Island. His name is West. That's kind of cool. Have you ever met someone named West? Interesting. Not. Okay, west in Treasure Island, Florida. Well, here, Play it. Jay.

[Clay Travis]

I just have to shame Buck for a minute. A man from New York City, not knowing punk rock was born in his own hometown by the Ramones, the greatest band ever in the words of Joe Biden. I just gotta say, come on, man.

[Buck Sexton]

First of all, I like the Bidenism. Gotta keep alive that he was the worst president of our lifetime. And second of all, I did kind of mitigate that. I said, well, I meant that they were a big part of the early days of it. But yes, the Ramones producer Greg pointed that out. I think, I think I might be getting the silent treatment from producer Greg for a day Clay, because he was so horrified that I didn't immediately think Ramones with punk rock, but British bands are a big deal.

[Clay Travis]

I will readily admit that I know very little about music. I other than the fact that Taylor Swift is the greatest. I saw where the New York Times called her one of the greatest songwriters of of of modern era alongside of the Beatles. By the way, open phone lines here, 800-282-2882. If you guys have questions about that Supreme Court decision, fire away. We can answer, I think most of those questions and it's going to be interesting to see how all the different states are responding now that they have the ability to, in theory, eliminate those majority minority districts. Good work. We also need to talk about James Comey. We'll do that when we come back good work being done in Israel. The International Fellowship of Christians and Jews. They're behind all the work. They're on the ground providing medical supplies, food to vulnerable segments of the population, especially the elderly and disabled. The IFCJ is the best equipped nonprofit organization set up to do this, an organization that is building a bridge between Christians right here in the good old USA and many of Jewish faith living under harsh conditions in Israel. This is the same organization, the ifcj, that activated immediate resources in the hours of after the Hamas attacks, built bomb shelters, armored ambulances, meeting the needs of people in Israel. They've been doing it for 43 years. Join us in supporting them. 888488 IFCJ. You can go online at IFCJ.org that's IFCJ.org welcome back in Clay Travis BUCK SEXTON SHOW okay, we were just mentioning everything having to do with the Louisiana vs Calais, not my name Calais Supreme Court decision that came down today 63 and how it's going to impact things. Also worth mentioning yesterday, the James Comey indictment came down during the course of the program and he has now appeared in court and turned himself in in the Eastern District of North Carolina. All of this, Buck comes on the heels of Last year him posting 8647 a seashell picture that he posted on Instagram. He posted after he took it down. I posted earlier a picture of some shells I saw today on a beach walk which I assumed were a political message. I didn't realize some folks associate those numbers with violence. It never occurred to me. But I oppose violence of any kind. So I took the post down. And this all in and of itself, Buck is really ridiculous. He's a swarmy liar. He came upon this and does not know who post who made the Seashell 8647. There's a lot of talk now about what's going to happen and some people are saying, oh, there's no way that you could ever get a conviction in this case. Here's what I will say I think is significant about this case. First of all, we know exactly what 47 referenced because he certainly did. He took the picture. The question is going to be what does 86 mean? And 1 thing that I think is particularly interesting about this in the context of what the judiciary would think in the state of North Carolina, presuming this one day went to trial is Comey's a former FBI director so his knowledge is going to be seen by the jury when it comes to criminal related issues as far more significant than it would from the average guy. Let me give you an example here. I'm a lawyer. If I was in a legal dispute and I argued with somebody that I didn't know what something meant in a contract, I think a lot of people would say, well, you're a lawyer. Did you read the contract? That's your fault. Did you have lawyers representing you? You can't defend yourself by saying, oh, I didn't know what was in the contract. When you have a legal background, some people who do not have legal backgrounds might have a better chance of being able to make that argument. I think this is going to turn into a really intriguing case. In the event that it gets to a judiciary, it gets to a jury, because I think they're going to look at this and say, Comey hates Trump. There's clear animus involved here. And I think it's possible we get a conviction. And I know some people out there saying there's no way that's going to happen. Okay, I understand that argument, too. But I think the fact this is a North Carolina jury, we've seen Trump convicted on BS charges because people hate Trump. I think that there's a possibility that Comey could be convicted on this.

[Buck Sexton]

I mean, it's a, it's possible. Now that we know yesterday if it was northern or not northern, it's actually Eastern Virginia is the district that it would. If it were the Eastern District, which is where they did it initially. I mean, I basically say no because you won't even get past a judge there. So as it didn't, I might add that already, we've already run that experiment and the jury pool there. I don't know, short of like New York City, Los Angeles county, whatever they, I mean, to get, because Eastern District of Virginia includes all of Northern Virginia, which is just now, as we know, because of the way the congressional districts were drawn in Virginia, that's just the Democrat stronghold. That's where. That's where all the bluest of the blue Arlington and Alexandria voters are consolidated. So now that we know it's North Carolina, there's the possibility that it could be a little bit more of a hot seat situation for Comey. We have Comey here speaking about this. He has put out a comment in the aftermath. Where is it, guys? He says cut eight. Cut eight. Thank you. Cut eight.

[Clay Travis]

Other back this time about a picture of seashells on a North Carolina beach a year ago and this won't be the end of it. But nothing has changed with me. I'm still innocent I'm still not afraid, and I still believe in the independent federal judiciary. So let's go.

[Buck Sexton]

So. He's so annoying. And the fact that this guy was the FBI director is shameful to that institution, I might add. This grotesque. This guy's such a jerk and so. So clearly a narcissist as well. I mean, really. Oh, it's just so hard being so perfect and being. Being sanctimonious. Comey in all of this, Clay. We'll see. My concern, as you know, and I still stand behind this. Absolutely. Is that he will turn this to his advantage.

[Clay Travis]

Yeah.

[Buck Sexton]

And I might also add, I don't think Comey's done being involved in government. I wouldn't be surprised if a Gavin Newsom or even a Kamala administration, if that was such a thing that could happen, would bring him in, maybe bring him in as attorney general. He has a former prosecutor background. Who else is going to be the attorney general for the Democrats the next time around? Everybody has to look at this like they want to do the big counterstroke. They want to hit us back. So I'm just saying I think Comey. This could be. This could go one of two ways in a lot of ways, if you know what I'm saying.

[Clay Travis]

The intent here. The intent here will obviously be the case. And It's. What does 86 mean? I'm also curious if he's going to stick with the defense, Buck. That he was just walking along the beach and saw this. Very strange. I mean, I'd walk along the beach regularly in Florida. I've never seen somebody spell out a message with seashells, much less a direct political message that would correspond 100% with my political beliefs, that I would feel compelled to take a picture of it, post it on social media and claim, boy, I can't believe I found this political message on my walk on the beach that happens to completely reflect what I might believe. And it was totally without any knowledge of who did it. I. I just. I. I don't think this is a very good defense. So I'm curious if he's going to stick with that one, which is, you know, look, I took a picture of somebody who said, death to them all outside. Death to all of them outside of the White House correspondence dinner on Saturday, Buck. And I posted it on social media. It said, death to them all, our death to all of them, and also death to tyranny. I didn't. Or tyrants. I didn't actually say that. I took a picture of other people holding up the sign. So my. If somebody tried to prosecute me for something associated with that, I would just say, hey, well, I didn't make a death threat. I just took a picture of someone else's death threat. I'm curious if he's going to try to say that because I think the argument of I didn't know what it meant is a hard one for the director of the FBI to make. And so we'll see. I think with as with all of these court cases, Buck is right. The judge matters. Comey could defend himself by saying I have a First Amendment right to make this comment. I was not directly saying that somebody needed to kill the president. All of those things could be in play. A bunch of people have questions coming in about the Supreme Court decision. Let me get to a couple of these calls. Charlotte in Virginia. Charlotte, what you got for.

[Buck Sexton]

Well, I just called in with the

[Clay Travis]

thought and something to look up. Will this ruling have anything to do with this horrible gerrymandering in Virginia that's gone forth?

[Buck Sexton]

So I hope if nothing else, if everything else fails, that that would be

[Clay Travis]

something that would impact it and say, no, this is not legal. Yeah, that's. It's a great question. And I think, Charlotte, you're asking a question that a lot of people have. What is not illegal. So what is legal is partisan political gerrymandering. And this is going to potentially be a tough putt to. To sink for some states. Virginia doesn't have a huge black population. So I don't think the map that Virginia drew takes race into account substantially for purposes of its overall districts. They have a lot of Democrat voters in Northern Virginia that they were able to basically put into as many district as districts as possible. And the predominant Republican voting region is in the southwest and it is smaller population. So I'm not sure how much race I don't think a huge part race played in the Virginia district. And I'll give you an example of a state that has hardly any black people. Maine. Maine and Massachusetts both have very few black residents. They have huge partisan gerrymanders in their state. I believe I'm correct. Team, correct me if I'm wrong. I don't think Massachusetts has a single member of the of the Republican party allowed in any of their congressional districts. That's just white liberals, primarily in Massachusetts that are in that district. Much of much of New England has completely eliminated the Republican Party to a large extent based on political gerrymandering, not on racial gerrymandering. This case had to do with use of race now, sometimes those correspond, but that's a little bit of a distinction. And then some people want to weigh in. Comey. I'll get to Tom in Brooksville. Tom, fire away.

[Buck Sexton]

Ridiculous that they're going after Comey for this seashell thing. It's just a sick joke.

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What they should be doing is going

[Buck Sexton]

after him for acting like a judge

[Clay Travis]

and jury by letting Hillary Clinton off the hook for the crime she committed

[Buck Sexton]

when she was secretary of state.

[Clay Travis]

I think a lot of people agree with you, Tom. The problem you have, their statute of limitation is running.

[Buck Sexton]

Yeah.

[Clay Travis]

So for people who are frustrated in saying why in the world are they going after Comey on seashells, on the beach, it's because much of the Comey statute of limitations have run out. They tried to get him for lying to Congress when they got the indictment last year. I believe it was right before the. The. The statute of limitations ran out. But that case was tossed based on, as Buck was talking about yesterday, the appointment of the. Of the prosecutor being invalid under the law. So they didn't actually look at whether or not Comey might have committed those. Those crimes. They just said the indictment, given where it came from, was not with. Not valid. Same thing with Letitia James. They didn't address the underlying issue. So the frustrating thing here is the statute of limitations has run on a lot of these charges.

[Buck Sexton]

Very true. Next call. Oh, do we have a next call? I thought.

[Clay Travis]

Yeah, we do, Eileen and Florida.

[Buck Sexton]

There we go. Yep. Hey, Clay.

[Clay Travis]

Buck, can you hear me? Oh, yeah.

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Yes.

[Buck Sexton]

Okay, great. My question is, how is it legal that Katanji Brown Jackson is still a Supreme Court justice when she was appointed

[Clay Travis]

with the auto pen? I don't think the auto pin has anything to do with Katanji Brown Jackson's appointment. I. I'm so. I. I would be stunned beyond belief if. If there was any sort of.

[Buck Sexton]

I mean, there's a lot. A lot that goes on there. I mean, I love a Biden joke as much as the next guy, but that's. That the auto pen is not the. The hardest.

[Clay Travis]

Well, look, the Supreme. The. The. The Senate put Katanji Brown Jackson through the ringer and put her on the Supreme Court, which is the role of the Senate, is to advise and consent when it comes to judges. They did their job. My argument on Ketanji Brown Jackson is just. I think when Biden said, I'm going to appoint a black woman, that it was unconstitutional under now interpretations of federal law. And I, I do think it is. Is. It's kind of crazy. That she's a just.

[Buck Sexton]

But there's no mechanism to undo this and it's not going to.

[Clay Travis]

Well, you'd have to.

[Buck Sexton]

So this is purely theoretical.

[Clay Travis]

Well, you could, theoretically, the Supreme Court could say. The Supreme Court, which would theoretically have to then rule on Ketanji Brown Jackson, could say that her appointment violated federal law.

[Buck Sexton]

I mean, the chance. Do you want, you want, you want to do a steak bet on this, Clay? Hey, steak bet. This is not going to happen. I'll take that side of it.

[Clay Travis]

The likelihood of the Supreme Court taking a case about whether one of their justices is able to be a Supreme Court justice, even though they seem to genuinely. Even though they genuinely seem to dislike Katanji Brown Jackson, I think that is a low probability event.

[Buck Sexton]

He knows when the cards are not at his hands on this one. It's interesting, theoretically, but I mean, dude, the chance of this. They're talking like a one in a one in a million shot here that anything would happen with that. Although it would be fun. It would be fun. Libs would get very upset, which is always good. Our sponsor, Saber, makes non lethal self protection tools you can use at home or when you're on the move. They've got a new product now that we're really excited to tell you about. It's a great example of technology and common sense. It's called the Sabre Smart Pepper Spray. When activated, Saber's smart technology alerts up to five emergency contacts and shares their live location until they're marked safe. If your family member is carrying it, for instance, you and four others would be immediately notified and able to act. That's peace of mind you can't put a price on. Sabre is the same brand used by law enforcement. Give your family protection that stays connected. Search Saber Smart Pepper spray on Amazon. If you're an Amazon shopper, it's that convenient. One more time. The product is called Saber Smart because when it comes to your kids, you don't leave safety to chance. Laugh, learn, hang with the guys right

[Clay Travis]

there when you need them most. Clay and Buck just preset them on the iHeart app.

[Buck Sexton]

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[Buck Sexton]

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[Clay Travis]

Top of the hour, we'll have our

[Buck Sexton]

friend Alex Berenson, who we wanted to bring on to talk about this aide to Fauci who has been indicted, which is a really interesting and kind of unforeseen situation. I will also say, Clay, before we dive into all of that, it's the Pam, it's not looking great for the Pam Bondi as Ag Appreciation Club with she goes. And all of a sudden there's a lot of action and a lot of indictments that come down that maybe would be requiring a little bit of political stones, if you will, requiring a little more willingness to get rough and not worry about what the media will say about it. It's, it's hard not to notice that.

[Clay Travis]

No doubt we should also mention because we got a couple of guests coming up with Alex Berenson and Marsha Blackburn coming on in the next hour. Increasingly, it appears that the shooting that took place by the Secret Service might have been what actually led to one of the agents getting shot. In other words, one Secret Service agent shot another Secret Service agent. There is more and more evidence coming out about that, which again, a lot of people are just going to forget and they're not going to talk about. And the stories have moved on since Saturday. But I do believe it's worth everybody out there sitting around and thinking about this for a minute. We had a guy armed with a gun, two guns, knives, sprint fully past the Secret Service to go try to kill as many people in the Trump administration as he could. He tripped and fell, may have then fired off his gun, but we had Secret Service agents firing at him and none of them hit him. And the only reason we may have apprehended him is because he tripped and fell after running right past their checkpoint. That ain't good, folks. And again, I know a lot of people are just going to move on and they're going to say, well, all's well that ends well. We have been insanely fortunate that President Trump hasn't been killed. And I don't think this is is going to be the last time that somebody on the left tries to kill him. And I don't feel very confident at all that the Secret Service is going to be able to protect him at a high level based on what we've seen already in Butler, Pennsylvania, West Palm Beach, Florida and now Washington, D.C. so this is all also worthy of paying attention to. But don't let this story just vanish. They fired their weapons, couldn't hit the guy, and only by the grace of God was nobody hurt.

[Buck Sexton]

Life is full of challenges, but you don't have to face them alone. At InTouch.org you'll find powerful sermons from Dr. Charles Stanley, Daily devotionals, and resources designed to strengthen your faith and bring hope into your everyday life. Whether you're searching for encouragement, biblical wisdom or practical guidance, InTouch.org is here to help you grow closer to God. Discover truth that speaks to your heart. Visit intouch.org today.

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[Clay Travis]

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[Clay Travis]

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[Buck Sexton]

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