The Gist: Episode Summary – "Rights You Can’t Use"

Released on August 13, 2025 by Peach Fish Productions

In this episode of The Gist, host Mike Pesca delves into the intricate dynamics between political power and economic industries, explores the diminishing effectiveness of constitutional remedies in the U.S. legal system with guest Aziz Huq, and critiques media accountability through a detailed examination of a misreported crime statistics story involving Matt Taibbi and Walter Kern. The episode weaves together these themes to provide listeners with a nuanced understanding of the interplay between governance, law, and media integrity.

1. Trump’s Influence on Key Industries

Timestamp: 00:29 – 06:05

Mike Pesca begins the episode by discussing a New York Times report on former President Donald Trump's unprecedented control over critical American industries, notably the semiconductor and steel sectors. The report alleges that Trump has transformed these industries from being guided by engineering precision to arenas dominated by insider politics.

• Key Points:

  • Semiconductor Industry: Trump imposed a 15% excise tax on Nvidia for selling chips to China, a move deemed unconstitutional.
  • Steel Industry: The creation of the "Trump Agreement" with Nippon Steel mandates that U.S. steel mills receive significant investments, cannot downsize, and require Trump's approval for salary cuts or plant closures.
  • Economic Impact: Economists compare Trump's interventions to the 2009 federal bailout, labeling them as aggressive and unprovoked federal intrusions into private industries.

• Notable Quote:

  "This is capitalism concentrated, concentrated in the person of one man."
  — Mike Pesca [03:45]

Pesca highlights concerns about "crony capitalism," where Trump's personal influence overshadows traditional market mechanisms, potentially stifling innovation and fair competition.

2. Interview with Aziz Huq: The Collapse of Constitutional Remedies

Timestamp: 06:58 – 27:12

The episode features an in-depth interview with Aziz Huq, a University of Chicago law professor and former clerk for Justice Ruth Bader Ginsburg. Huq discusses his book, "Collapse of Constitutional Remedies," which argues that federal courts have increasingly limited the tools available for individuals to enforce their constitutional rights, particularly since the 1970s.

• Key Themes:

  • Qualified Immunity: Huq explains how doctrines like qualified immunity prevent individuals from obtaining remedies against state actions, using the case of Alexander Baxter, who was maimed by police dogs but denied legal recourse.
  • Regulatory Challenges: Unlike individual cases, corporate entities successfully challenge government regulations, as seen in the Cellular Law case against the Consumer Finance Protection Bureau (CFPB).
  • Court’s Dual Regimes: The Supreme Court appears more receptive to challenges against regulatory agencies while dismissing cases involving individual grievances against state actions.

• Notable Quotes:

  "It's not a question of what the rights you have. It's a question of who gets into court to have their day in court."
  — Aziz Huq [14:21]

  "The court bats the litigation away, but opens the door to the regulated entity that's challenging the regulation."
  — Aziz Huq [12:05]

Huq emphasizes the disparity in how the judicial system treats individuals versus corporations, suggesting a systemic bias that undermines constitutional protections for ordinary citizens.

• Discussion on Qualified Immunity and Policing: Huq addresses recent Supreme Court cases like Barnes vs. Felix, highlighting the Court's reluctance to hold police accountable despite instances of misconduct. He argues that even if doctrines like qualified immunity were abolished, the structural issues within municipal funding for police departments (e.g., Chicago’s judgment fund) would limit the impact on policing practices.

  "Even if you got rid of qualified immunity, you actually wouldn't necessarily see that much change in policing."
  — Aziz Huq [24:28]

3. Media Accountability: The Taibbi-Kern DC Crime Statistics Fiasco

Timestamp: 28:09 – 37:23

In a critical segment, Pesca examines a live discussion between independent journalist Matt Taibbi and novelist Walter Kern, where they scrutinize a Washington D.C. press release on crime statistics. The duo misinterprets "year to date" data, leading to erroneous claims about murder rates.

• Key Points:

  • Press Release Error: The D.C. government reported a 12% decrease in murders year to date 2025 compared to 2024. Taibbi and Kern mistakenly believe the report forecasts future murder rates, implying a premeditated “pre-crime” system.
  • Reaction and Accountability: Upon realizing their mistake through a viewer’s comment, Taibbi and Kern grapple with embarrassment but fail to fully acknowledge their error, instead questioning the credibility of mainstream media.
  • Audience Response: Despite the error, audience reactions largely remained focused on criticizing mainstream media rather than scrutinizing Taibbi and Kern's misinterpretation.

• Notable Quotes:

  "They have a number already for homicides for 2025."
  — Matt Taibbi [31:56]

  "There's no way to … leave it be, but you can."
  — Matt Taibbi [35:01]

Pesca criticizes the duo for their haste in pushing an agenda against mainstream media, highlighting the importance of meticulous fact-checking in journalistic endeavors.

• Critical Analysis: Pesca argues that despite the misstep, Taibbi and Kern continue to portray themselves as superior alternatives to established media outlets, perpetuating a narrative of distrust without holding themselves to the same standards of accuracy.

  "They rushed out a story on the air without vetting it, and they were embarrassed."
  — Mike Pesca [36:39]

4. Conclusion and Production Notes

Timestamp: 37:23 – End

As the episode wraps up, Pesca reflects on the discussions and offers insights into the challenges of maintaining journalistic integrity. He also provides credits to the production team and mentions additional content available on his Substack.

• Final Thoughts: Pesca underscores the necessity of balanced critique and the peril of confirmation bias, both in media consumption and production.

  "The media profits from our anger and divisiveness, pitting us against each other for their own gain."
  — Matt Taibbi [31:30]

The episode concludes with acknowledgments of the production team and a nod to upcoming content, encouraging listeners to engage with further discussions on constitutional law and media practices.

Notable Exclusions:

• Advertisements for T-Mobile and Libsyn Ads were omitted to maintain focus on the substantive content of the episode.
• Promotional segments about merchandise (True Classic shirts) and Pesca's Substack were briefly mentioned but not detailed, as per instructions to prioritize content over advertising.

This comprehensive summary captures the essence of "Rights You Can’t Use," presenting the key discussions and critical analyses that define the episode. Whether examining the ramifications of presidential influence over industries, the erosion of individual constitutional protections, or the importance of media accountability, Mike Pesca delivers a thought-provoking narrative that challenges listeners to question established systems and the information they consume.