Civitas Outlook
Topic
Politics
Published on
July 25, 2025
Contributors
John Yoo
Steven Hayward
Episode
The Three Whiskey Happy Hour

The Three Whisky Happy Hour: High Crimes & Misdemeanors

About this episode

We lead this week’s show with a few short news announcements, including new menu items from McDonalds to excite John, and the debut of a new podcast competitor: Hadley Arkes and his merry band at the James Wilson Institute have launched “The ‘Natural Law Moment’ Podcast,” surely goaded by our constant mangling of his central arguments. WE hope to have a crossover episode with Hadley at some early opportunity, if we can ever get our difficult schedules sorted out.

This round-robin format episode features a vigorous discussion of whether Obama and the Deep Staters (sounds like a bad bar-band, no?) are vulnerable to criminal charges for their obviously bad faith behavior in creating the Russia Hoax back in 2016, whether Obama is immune from prosecution because of the ruling last year of Trump v. US, and whether these actions properly rise to the level of “treason” as is alleged by DNI Tulsi Gabbard.

Our second segment reflects on a pair of articles Steve and John wrote for a Civitas Outlook symposium last week on “Statemanship and the American Presidency.” John Yoo’s entry slobbers over the legacy of Andrew Jackson, while

Steve’s entry, “Taming the 21st Century Prince,” is a more philosophical exploration of the issue, and, contrary to the careless calumnies and reckless imprecations of John, does not contain a single reference to the Clean Air Act!

And our final segment delves into a recent bold law review article by a young lawyer friend of ours, Deion Kathawa, entitled “‘We the People’ Are the Last Word on the Meaning of Our Constitution.” His argument is bracing: Congress, because it is the political organ closest to the people, should have the power to override Supreme Court decisions. While agreeing with Kathawa’s premise about the ultimate constitutional sovereignty of the people on account of the first principles of the Declaration of Independence, we’re skeptical about his proposed remedy. What do listeners think? (We hope to have Deion on as a guest at some point soon to defend himself.)

Finally, some new AI-generated 3WHH custom poetry, and more revenge bumper music.

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