PHILLIP: “I mean, there are a lot of things going on here. First of all, judges being able to stop things that are against the law is actually how a democracy is supposed to work. So, I’ll start there.”
TOOBIN: “But only since — only since 1803 had that‘s been the rule. In Marbury v. Madison in 1803, the Supreme Court decided that it‘s actually judges who make the final decision in our — in our country about whether something is constitutional or not. So that‘s the rule we are talking about here that Elon Musk apparently either doesn‘t know about or doesn‘t like. And that‘s what‘s at stake in all of these controversies, which is, who decides what‘s constitutional and what‘s lawful? And so far, quite a few district judges have decided that how the Trump Administration is proceeding is not lawful. Now, those cases are going to be appealed, they will go up to the Supreme Court. But the principle that judges decide what‘s constitutional is a very important one.”
PHILLIP: “Yeah. Look, I would like to offer a high school U.S. history class to my friend Elon Musk, because I think it‘s extremely important. I mean, this is basic stuff about how our system works. But on the fox guarding the henhouse aspect of this, of Donald Trump saying he is going to be the one to decide if Elon has any conflicts, how does that work in your mind, Roy?”
WOOD JR.: “I don‘t — I don‘t know how that works. I really feel like — like, I look at this Trump Elon relationship. You ever — you ever had a homeboy who had a girlfriend nobody liked — “
CHAMPION: “All the time.”
WOOD JR.: “ — and he has to act like everybody is, ‘No, we‘re fine, we’re happy?’ Like, it is going to take a consecutive series of brave people to keep this administration from going off the rails from some of the decisions. To Cari’s point in the last break, you have a brave district attorney. Well, you‘re going to need a bunch of brave judges because he‘s going to come for their heads, too. And whichever FBI agents get replaced by the Jan. 6 FBI agents that are eventually going to get fired, you‘re going to need brave ones there, too, to keep standing up to this.”
PHILLIP: “I‘m not sure that is happening.”