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It's Friday, December 20th. I'm Jane Koston, and this is What A Day, the show that refuses to end the year talking about the drones. We know there's a lot going on with the drones, but frankly, we feel it's none of our business. Whatever the drones are into, that's what I say. Fly free, little buddies. On today's show, Trump and Elon Musk give us a Christmas gift, and it's complete chaos on the Hill, which is not what I requested. And Vladimir Putin seems very cheery about the war in Ukraine. Let's get into it.

Twas the week before Christmas and Hanukkah, and all through the House, Republicans were fighting about a government shutdown. I realize House and shutdown don't rhyme, but we have bigger problems. Because today is the deadline for Congress to pass a bill to fund the government, or watch it all shut down. And as of our recording late Thursday, it's not looking good. House Republicans failed to pass their Plan B of a spending bill late Thursday night.

On this vote the yeas are 174, the nays are 235, one voting present, two-thirds not being in the affirmative, the rules are not suspended and the bill is not passed.

What happened to Plan A? President-elect Donald Trump and his first buddy, Elon Musk, blew it up Wednesday. They did so in a series of tweets and truths and other very serious ways of negotiating legislation that directly affects people's lives and paychecks. It left House Speaker Mike Johnson scrambling to put together something that could win Trump's endorsement, meet his new demand to raise the debt ceiling, and still keep the support he needed from Democrats to actually pass the bill. Dear listeners...

He failed miserably. Why does Johnson want this job again? House Minority Leader Hakeem Jeffries panned the new spending bill ahead of the vote. The Musk-Johnson proposal is not serious. It's laughable. Extreme MAGA Republicans are driving us to a government shutdown. Musk-Johnson proposal? You get it, right?

And budget hawk Republicans also hate this bill. Texas Congressman Chip Roy laid into his own party during a speech on the House floor ahead of the vote. To take this bill yesterday and congratulate yourself because it's shorter in pages, but increases the debt by $5 trillion is asinine. And that's precisely what Republicans are doing.

Trump responded to Roy's criticism in his typical level-headed way by calling him unpopular and suggesting he should be primaried. So here we are on the verge of a government shutdown orchestrated by an unelected billionaire and an incoming president who's not in office yet, days before Christmas and Hanukkah, with no foreseeable way out of the doom spiral. For more on the prospects of a government shutdown, I spoke with Mia McCarthy. She covers politics for Politico. We spoke Thursday night just after the House vote failed.

Mia, welcome to Water Day. Yeah, thanks for having me. Take us back to Wednesday morning, thousands of years ago, when Musk started tweeting. How did we get there to where we are now on Thursday night? Yeah, I mean, it feels like we've lived a week in just these past few days. But yeah, I mean, Elon Musk, again, he's going to be in charge of this, the Doge caucus, basically.

in charge of making the government more efficient. And so part of that, you know, this government spending plan that Congress needs to pass to avoid a government shutdown. Elon was saying he was opposed to it because there was a lot of pieces in there that, you know, were Democrat approved. So we started tweeting about that, which kind of spiraled all the way to today, where a brand new deal or a brand new bill was introduced. It failed a floor vote.

because it couldn't get enough support. It couldn't get support from any Democrats and didn't have enough Republicans supporting it as well. What are you hearing from Republicans? Because it's like, you know, Trump suddenly is like, oh, we should get rid of the debt ceiling. Like for a lot of these fiscal hawks, this must have been a confusing past few days.

Yeah, I think it was a very confusing past two days. And we're seeing Trump kind of get in the middle of that drama right now. You know, earlier he called for Chip Roy to be primaried, which, you know, the even the idea of that just a few weeks ago would have been crazy. So, you know, you have a lot of these people who are really concerned about the spending and then Trump kind of now adding a third part of it, adding the debt limit discussions into it. I

As for like right now, what I'm hearing from Republicans, you know, I think a lot of people don't really know what the path forward is at this point. It being Thursday night, tomorrow morning, maybe there'll be something clearer. But it's a little bit hard to say right now what the path forward is because, you know, they've tried to appeal to Trump. They've tried to appeal to Democrats, but Trump spoke out against that. Now, Democrats don't support the current bill. So it's kind of gone in circles at this point.

I mean, it's just wild to me that we're at a point with an unelected billionaire seemingly in the driver's seat of whether or not the American government stays open and like people getting their social security checks and disaster relief money. How did this all get here? Like, how is this happening?

Yeah, I mean, I think there's it's going to be an interesting dynamic, right, with Trump and Elon Musk. We saw this playing out over the campaign, you know, before he had even put Elon in this position. The two had obviously become friends. It seems like Trump really likes him. He's at Mar-a-Lago all the time. And even on the campaign trail, you know, Trump in some interviews had talked about how

Elon himself was saying he really wanted to try to make the government more efficient and, you know, take on this new role. Seems like he was successful. You know, obviously Trump won and then now he is getting this specific government efficiency position. So we'll see how that plays out in, you know, the come in the next few years, the next few weeks and the impact that Elon has. It's very telling. You know, my colleagues, some of my colleagues wrote Elon is kind of doing to Trump what

what Trump has been doing to a lot of other people for the past few years, right? In the way that Trump would call on something and Republicans would kind of get in line. Elon was going on Twitter in the same way Trump did and saying, you know, don't support this CR. This is a bad thing to do before Trump had even said anything. And in some ways backed him into a corner to say something.

House Republicans are already set to have a teeny tiny majority when Trump takes over the White House in like a month. What does this all say about their ability to get Trump's agenda through Congress? Yeah, I think that's going to be really telling. You know, it's we're already seeing a little bit of pushback from, you know, what

Trump wants. It's not necessarily a strict whatever he says goes at this point. It's going to be very interesting to see a lot of Republicans who represented more bluer districts, you know, Republicans who represent districts, for example, in New York or California and how they react to some of his some of Trump's demands. And on the same end of that, I think it's going to be interesting to see what

you know, some Democrats who represent Trump won districts, how they are going to play out in this upcoming Congress. So we're going to see that be another part, you know, in these districts that Trump did win that they're going to have to appeal to, you know, supporting some of his stuff.

Just from a practical standpoint, what does it mean if the government shuts down right before the holidays and when lots of people are traveling? What does it mean for government workers? What does it mean for people going through TSA at the airport? And what does it mean for all these folks' holidays? Yeah, I think that's what a lot of people are going to figure—are trying to figure out now. You know, it's going to be—if they do pass this bill, it's going to be tight. And I think—

A little bit of wiggle room is added with there being a weekend. You know, there's a lot of things that aren't running on the weekends to begin with. But yeah, I mean, people have a lot of concerns with TSA, with travel, with it being right before the holidays and, you know, with government workers not going to be able to be paid with, you know, right before the holidays, which is, you know, going to be a struggle for some people for sure. So I think that, you know, that kind of aspect and there's a question too of, you know, do they just try to push government spending to January 3rd, you know, like a two to three weeks period?

CR so that everything's funded until they come back. But we'll see what the answer kind of is there.

Mia, thank you so much for joining us on a wild day. Yeah, thank you so much for having me. That was my conversation with Mia McCarthy. She covers politics for Politico. We'll get to more of the news in a moment, but if you like the show, make sure to subscribe. And if you're listening to this podcast, you can also watch us on YouTube and join thousands of people who are all very smart and pretty. More to come after some ads.

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LinkedIn, the place to be, to be. And now the news. Headline. Everyone is pushing on this. We want to get it over the finish line. We want to get the hostages home. We want to get a ceasefire so that people can finally have relief in Gaza. Secretary of State Antony Blinken went on MSNBC Thursday to discuss the Israel-Hamas war.

Blinken recently returned to the U.S. from his 12th trip to the Middle East since the war started over a year ago. He told Morning Joe he's feeling encouraged about a ceasefire and bringing home some of the hostages held by Hamas. This should happen. And it should happen because Hamas is at a point where the cavalry it thought might come to the rescue isn't coming to the rescue. Hezbollah not coming to the rescue. Iran not coming to the rescue. It sought to have a wider war from day one. In the absence of that, I think the pressure is on Hamas to finally get to yes.

Lincoln said the U.S. is working with every possible partner to reach a deal. The Associated Press reported the agreement would have several phases, including the exchange of Israeli hostages for Palestinian prisoners and the delivery of more aid into Gaza.

The war started after Hamas attacked Israel on October 7th. About 1,200 people were killed in the assault. Around 250 others were taken hostage. Israel's responding offensive has killed more than 45,000 Palestinians, according to Gaza's health ministry. The UN says Israel's bombing of Gaza has displaced around 90% of the people there.

Your Amazon Prime order may not show up today as you hoped. Thousands of delivery drivers who contract with Amazon went on strike Thursday morning at seven warehouse locations in California, New York, Atlanta, and Illinois. They're asking for better benefits, higher wages, and safer working conditions. The strike comes after Amazon failed to meet a December 15th deadline to come to the table for negotiations with the contractors.

Vincent Perrone, president of Teamsters Union Local 804, told the Associated Press Thursday that these workers deserve better.

These people are not getting a fair contract. They're not even negotiating with them. So this is unfair labor practices, a ULP strike right now. And we're going to be out here for as long as it takes. Additional Amazon facilities in California and New York are poised to strike in the coming days. And with holiday shopping time running out, the supply chain disruption could ripple out across other parts of the market as well.

Teamsters General President Sean O'Brien said in a statement, quote, if your package is delayed during the holidays, you can blame Amazon's insatiable greed. Russian President Vladimir Putin held his annual highly orchestrated news conference Thursday. During the event, Putin boasted about how much stronger he's made Russia over the past few years. He talked about Russia's war with Ukraine, which, according to Putin, is going swimmingly. The front line is moving every day and...

And we're not talking about 100 and 200 meter advancements. Our fighters reclaim territories by square kilometers. Putin also touted the strength of the Russian economy, said he hasn't spoken to former Syrian President Bashar al-Assad since Assad fled to Moscow, and challenged the Western world to a, quote, high-tech duel when discussing Russia's new Orishnik hypersonic missile.

On Thursday, Georgia's Court of Appeals removed Fulton County District Attorney Fawnie Willis from the state's election interference case against Trump. Willis' office already filed papers indicating it will appeal the decision to the Georgia Supreme Court.

The two-to-one decision to disqualify Willis reversed an earlier ruling that let her stay on the case, despite a romantic relationship with the lawyer she hired to lead the prosecution. He resigned from the case in March. Still, citing an appearance of impropriety, the appeals court said, "...this is the rare case in which disqualification is mandated and no other remedy will suffice to restore public confidence in the integrity of these proceedings."

But the court did not dismiss the indictment that charges Trump and several others with conspiring to overturn his 2020 election loss in Georgia. That leaves a bunch of questions about what will happen next. Who will take over the prosecution? Will the already stalled case live to see another day? This is all especially important because it's the last act of criminal prosecution involving charges against Trump. And that's the news. One more thing.

Remember June of this year? Inside Out 2 came out. My dog learned that he loves heaving his entire body into rivers, especially if I absolutely do not want him to. And the Supreme Court decided that presidents, well, one specific former and future president in particular, are immune from prosecution for quote unquote official acts and that laws preventing homeless folks from sleeping on the street are constitutional.

In 2024, the Supreme Court, with a 6-3 very conservative majority, took big swings on cases that impact the lives of millions of people. From curbing the ability of the EPA to regulate pollution to deciding that yes, people who commit domestic violence can indeed be banned from having guns. And yes, people who commit domestic violence shouldn't have guns seems obvious, but apparently not to Justice Clarence Thomas, who dissented. Hmm.

Anyway, a lot happened at the nation's highest court this year. And in 2025, defunding Planned Parenthood, website age verification, and debates over immigration status will all be decided. There's also the landmark case over whether or not the U.S. can really ban TikTok. What is the app store going to look like in February? The Supreme Court will once again play a massive role in how we work, play, and live for years to come.

To look back on this year of chaos and preview what's up next, I called up Crooked's strict scrutiny host, Melissa Murray. Melissa, welcome back to What A Day. Thanks for having me, Jane. The new term has begun, and the court has already heard cases related to gender-affirming care for minors, Medicare payments to hospitals for treating low-income patients, and visa petitions in the U.S., with regard to the immigration process, among others. But what did the court not take up this term, and why does it matter?

So as you noted, Jane, the court recently heard oral arguments in the United States versus Scermetti. That is the case involving the challenge to a Tennessee ban on gender-affirming care for trans youth or trans minors. Just last week, the court took up a petition to...

basically review a school board policy that provided support to trans students. And the policy was challenged by a group of parents who argue that the policy effectively encourages school officials to keep them in the dark about their children's gender identity, to support their children and to not share that information. The parents

sued and lost at the lower court, but then appealed their loss to the United States Supreme Court. And the court said they weren't going to take up this challenge largely because none of the parents here were actually implicated by this policy because none of them has a trans kid.

I have to say that is one of my, and when I say favorite, I mean least favorite. One of my favorite things is when you see these groups, they're like, oh, you know, we're just standing up for concerned parents. And I'm like, do you have a kid in the school district? No. Just concern. Concern trolling is a real thing and it's real at the Supreme Court. Thankfully, the court agreed that there was not jurisdiction to hear this case because there hasn't actually been an injury. These parents haven't been implicated by this policy. And some members of the court took that personally.

personally Samuel Alito dissented from the denial of Sir Shiawari and Justice Clarence Thomas also joined him in that dissent and I'm

I'm pointing this out simply because a few weeks ago when Scarametti was argued, Justice Alito seemed to have no room, no sympathy for the parents of trans youth and their rights to get medical care for their children. But in this dissent from the denial of certiorari, he had so much to say about parental rights and the prerogatives of parents to raise their children in the manner of their choosing.

We can disagree on a lot of things, but I'm going to need you to be consistent, at least on a weekly basis, sir. And so that's a pretty interesting case. And again, it's going to come back to the court. They're going to find better plaintiffs. They're going to find parents who are actually implicated by this. And it'll give justices Thomas and Alito the opportunity to really tell us how they feel about parents who are concerned. Looking ahead to next year, there's, of course, the legal battle over TikTok.

Which I cannot wait to hear those oral arguments and just hear my favorite elderly justices asking some questions about TikTok influencers.

It's such an interesting case because it not only involves TikTok, which they don't know that much about. I think most of them don't. But it does involve a First Amendment question, like whether or not the ban on TikTok is viewpoint-oriented or really just about national security. And I think that will intrigue a number of them. And obviously, it is a massive question that has real implications for regulation of social media, which many of the conservatives are going to be really salivating to take up.

What are the big cases you're watching for this Supreme Court term? So definitely Scermetti, the case involving gender-affirming care for trans minors, just because it seems pretty clear where the court is going with that. It will also have real implications for the provision of medical care to trans adults. It will also have real implications for the entire jurisprudence around sex equality and whether or not

sex-based discrimination is unconstitutional. I'm also looking at this ghost guns case. This is very similar to the challenge we heard last term around bump stocks. It's really about whether an agency's definition or interpretation of a statute to include ghost guns is actually permissible, if that's the right way to interpret the statute. It's also really relevant because

As we know now, Luigi Mangione, who is the individual who has been accused of killing UnitedHealthcare CEO Brian Thompson, apparently, allegedly, made the gun that was used in that killing. He made it with a 3D printer, allegedly. And then there's this really interesting...

sovereign immunity case that will have real implications for the firearm industry. Mexico has sued Smith and Wesson on the ground that Smith and Wesson has effectively facilitated cartel

criminal activity within Mexico's border. And this will have real implications for a federal statute here in the United States that essentially immunizes firearms manufacturers from suits for the work or the conduct that their products can engender. And so it has sovereign immunity questions, whether a

foreign government can hold someone in the United States accountable for things that happen in that foreign government. And then also this big question for this law here in the United States immunizing firearms manufacturers. Melissa, as always, thank you so much for joining us. Thanks for having me. That was my conversation with Strict Scrutiny host Melissa Murray. Before we go, Crooked's Friends of the Pod subscription is offering an exciting 25% off new annual subscriptions through the end of the year.

Bye.

access to our lively Discord community of like-minded political junkies, and more, all while supporting Crooked's mission in the best way you can. Subscribe now at crooked.com slash friends or through the Pod Save America feed on Apple Podcasts. That's all for today. And that's all from us until 2025. We're going to take a two-week break to rest and recharge and make sure those murder hornets really have been eradicated because you simply cannot be too sure.

I'm wishing you an absolutely wonderful holiday, and we will see you back here on January 6th, 2025.

So, if you like the show, make sure you subscribe, leave a review. Please support me in saying that It's Beginning to Look a Lot Like Christmas is not a Christmas song, it's an observation song, and tell your friends to listen. And if you're into reading, like me, What A Day is also a nightly newsletter. Check it out and subscribe at crooked.com slash subscribe. I'm Jane Koston, and I have very strong feelings on the subject of Christmas songs.

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