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editorial report." i'm paul gigot. and we're counting down to cnn's presidential debate, the first of two, which is set to take place in atlanta on thursday. president biden is at camp david this weekend preparing for the showdown as a new fox news poll finds him in a tight the race with donald trump leading his republican rival 50-48 among registered voters. that's within the margin of error but represents a 2-point gain for the president from last month even as questions continue to swirl about the president's age and ability to serve a second term. is so how crucial is next week's faceoff to putting those concerns to rest? let's is ask "wall street journal" columnists and fox news contributor karl rove. if welcome, karl. so i want you to start out with that fox news poll. this would suggest -- i know it's the only one poll, but this would suggest with some other evidence that there's been some movement towards joe biden since the felony conviction of president trump. do you agree? >> i agree. in fact, take a look at the evidence. here it is, these are the polls vince june -- since june 1st. if they're in red, donald trump won 'em, if they're in blue, joe biden is leading. trump up by 1, biden up by 1, a tie, trump trump by 2, biden up by 2, a tie, so there's been a trend since the may 30th guilty verdict in the new york case. in fact, if you look at the real clear politics national average which is 11 polls, national average, it's trump up by one-half of 1%. and if you look inside that at the 111 polls, number 9 -- should be number 111 has him up by -- is 1 him up by 55 points, excuse me, number9 -- number 9 by 5 points. we continue to see close numbers. we're likely to see that lead dissipate because the most recent polls have had biden ahead. paul: now, where's the movement? as i look at it, looks like the biggest move has been among independent voters who naturally aren't the firmest partisans and are up for grabs. is that how you see it? >> yes, i've got a board for that one -- [laughter] paul: folks, this wasn't planned in advance. >> no, no plan. i read you -- [laughter] i know who you are and where you're coming from. biden has had numbers that have been moving up a little bit under women and seniors. he's feel underperforming among women. trump is doing well among black, hispanic and young comparative previous republican campaigns and his own. and you're right, absolutely, the movement is among independents, and they have moved in recent polls roughly 9 points towards biden. and that's where it's coming from. and, remember, 21% of independents in a survey shortly after the conviction said that they would be less likely to vote for donald trump as a result of a conviction. so 1 out of every 5 independents has said we're hess likely and about just 1 out of every 11 has a moved into the biden camp since then. paul and, of course, that is probably playing into the biden strategy which is to call trump a convicted criminal and hit, bang away at that, bang away on that. what -- how should trump respond? >> well, i'm not certain how useful it is. i think this is one of those things that is better left to the, you know, to the organic process of letting people get the information and imbibe it. i think in the debate itself the more that biden talks about convicted felon, the more it gives trump a chance to say, well, your son has already been found guilty of a gun violation because he was a druggy, and he's now going to be up for tax evasion, so this lends to the view that all politicians are the same. and so i'm not certain that this is going to be, you know, maybe you touch it a little bit, but it would be, to my mind, not the best thing for biden to do in the debate. if you want to look at what each one of them needs to achieve, baden, most important of all -- biden, most important of all, needs to leave us with a sense of sustained mental acuity so we say the guy is up to the job. paul: right. >> we can't have have word salad. he's got to turn this into a choice, it's me and him, and there are big differences on important issues. and it's got to be i get you, i'm about you with. trump, other than, he needs to come across as reasonable. we cannot see the donald trump of 2020 in that first debate where he was screaming and yelling and interrupting. it's got to be a referendum, here are the things, cost of living, energy, national defense. these are things, you know, crime, immigration bigtime. these are things, here's what biden has done wrong. and it's got to be about the future, not about the past and particularly not about his past. if he spends his timesharing his rage rain agreement over the new york decision or claims that the election was rigged, that's not going to stand him in good stead in this election. paul: all right, karl. biden's, i think, going to hit the felon point all the time. biden is also going to talk about january 6th. biden is going to talk about you called these rioters heroes. >> yes. paul: he's going to talk about the four charges against him. and you know jake tapper, jake tapper is going to do the same thing. can trump really not address those, or are you saying he ought to just say, look, you know, you guys are both running existence me, and i'm going to pivot to -- against me, and i'm going to pivot to that i care about you, voters, not about all this stuff that biden cares about. >> exactly. yeah. i think he's got to do two things, teally conviction, short and -- steely conviction, short and to the point. this is all going to be tossed out on appeal because this was a bogus deal, and i know what you two are trying to get me to do, i'm not going to fall for it. i'm going to talk about the things we care about which is the cost of living that people are finding it hard to keep up with, the crisis at our border, a sense of the decline in public safety in our cities. i'm going to talk about, you know, the fact that we're no longer energy independent, i'm going to talk about the things that people are thinking about around the kitchen table, and i'm not going to get suckered into talking about this. it's going to be tossed out on appeal because it was a bogus deal. paul: all right. and for biden, i guess, it's an upside if he kinds coherent. briefly. >> a big victory. and he was helped in this, ironically, by trump who said we gotta, you know, he's a terrible debater, he can't string the two sentences together, and if he does all right, we've got to drug test him because he's going to be on cocaine. lower expectations -- raise expectations for the opponent, don't lower them. paul: thanks, karl, appreciate it. still ahead, as the presidential candidates get set to square off in atlanta on thursday, the biden campaign places a $50 million bet that donald trump's criminal conviction will drive swing state voters away. so will that bet pay off? 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>> yeah. not just on tv, on bill billboards. look, here's what they're trying to do, democrats are essentially trying to say to voters, we hit you with a lot of arguments about donald trump, a lot of details, russia collusion and impeachment, the january 6th commission, classified document withs. you don't need to pay attention to any of those detail, all you need to know is he's a convicted criminal. a jury of 12 of his peers said is so. all the things that you ever worried that you might want to think about trump, you are now safe to believe those, and this is the only choice in the election between me or a convicted criminal. it is a very big bet, paul. they have the money to do it. they've outraised trump. but it's also a way for biden to try to deflect or change the argument away from his own record, and the question for me is whether or not trump falls for that bait and just really responds to this rather than trying to get voters to think about the future and the prospect of more, four more years of joe biden. paul: dan, you heard. carl: rove talk about the movement on the fox poll among independents. does this suggest to you that biden's strategy is working, hitting him as a criminal? do you think it's actually making some inroads? if. >> i do think it's making some inroads. i believe i've said on this show several times that i was intrigued by the polls that have appeared in the past in which some people said that if trump were convicted, they would reconsider their support for him. i personally have never fully understood why other than people have is, may have a red line of some sort, that if a presidential candidate's convicted or, they don't feel like they can vote for him, it hooks like that is ago happening among independent voters. paul: and the election is so close that even a few percentage points makes a difference on that. >> yeah. the question is whether the biden campaign is going to be able to load up their entire campaign on those two words, convicted criminal. do they have the talk about something else. it's a long way to the election, and trump will have to respond at some point. i think he's going to simply have to assert some detail about the manhattan trial and the fact it is the on appeal and that he expects it to be overturned and move on to other subjects. but at the moment, it's having an effect. paul: yeah. i mean, kim, or karl rove's advice was have is some, something of a response particularly in the new york case, say it's going to be overturned on appeal, say some of these cases, i guess, are political and then move on and pivot to making this back to a referendum campaign against joe biden and contrasting the record of donald trump's first term with the record of joe biden's first term. is that good advice? >> yes, it's excellent advice because there is so much to work with there. talk about the inflation. talk about energy prices. talk about baby food shortage aings. talk about -- shortages. talk about the unsettledness of the world and joe biden's failure and weakness in response to our adversaries overseas. but also don't just talk about your past, donald trump's more successful four years in terms of economic and foreign policy, but make some promise about what you're going to do in the future. use this opportunity to play out a bit of an agenda. trump does that a little bit in some of his stump speeches, but he tends to be a bit all over the place. be very precise and make -- give people a reason to want to vote for you. paul: inevitably, dan, this is going to be also voter judgment about the men they see on stage. trump, it's got to be a question of temperament, does he keep cool, calm, can he -- or does he blow up is and get angry? with biden it's -- he tends to keep calm, but it's a question of if he does look coherent. there's some risk too because, as you know, he really only speaks from the teleprompter now. and when he does ad lib are, it can be a wild run. [laughter] >> it can be. and, you know, you just have to step back for a second and consider the way everybody is describing this debate. it's a debate between two men if who are running to become president of the united states, and and what is the top issue? the mental health of both guys. [laughter] can you believe it? if. paul: no, i can't, actually. [laughter] but we have to. >> but that is it. and, you know, i think joe biden, as you said, he has only read off teleprompters and cards for the past three years. he never does, speaks extemporaneously. and i would go so far as to to say that a this rule that they have during the debate to put a mute button on the other candidate while the other is speaking probably works in trump's favor because it's going to force biden to talk at length without teleprompters. and the question is, is he capable of doing that. i will say that in terms of getting under one another's skin, joe biden is unflappable. he will never if break, he will never if snap. he'll keep smiling, and if he can keep talker he'll sound like a reasonable -- talking, he'll sound like a reasonable, semi-competent person. trump, on the other hand, is really prone to reacting when he gets attacked personally. and the question is whether he's going to be able to stay on target or whether he'll blow up -- >> but biden's game plan in part is going to be poke the bear. >> totally poke the bear. paul: when we come back, our panel takes a closer look at a busy week at a the supreme court as the justices crack open the door to a wealth tax and uphold a federal gun ban for those under domestic violence restraining orders. ♪ dad and i finally had that talk. no, not that talk. about what the future looks like. for me. i may have trouble getting around, but i want to live in my home where i'm comfortable and my friends are nearby. i can do it with the help of a barber, personal shopper and exercise buddy. someone who can help me live right at home. life's good. when you have a plan. ♪ ♪ dupixent can help people with asthma breathe better in as little as 2 weeks. so this is better. even this. dupixent is an add-on treatment for specific types of moderate-to-severe asthma that's not for sudden breathing problems. dupixent can cause allergic reactions that can be severe. tell your doctor right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain or a parasitic infection. don't change or stop asthma medicines including steroids, without talking to your doctor. ask your specialist about dupixent. ♪ rising costs. selective coverage. for countless americans, the complex specialty care they need has always felt... just out of reach. ♪ at evernorth, we give members unrivaled access to the most complex therapies at the best prices. while providing enhanced support like in—home nursing at no additional cost. that's wonder made possible. evernorth health services. a slow network is no network for business. that's why more choose comcast business. and now we're introducing ultimate speed for business, our fastest plans yet. we're up to 12 times faster than verizon, at&t, and t-mobile. and existing customers could even get up to triple the speeds at no additional cost. from the company with 99.9% network reliability and advanced cyber security, it's ultimate speed for ultimate business. and it's all from comcast business. ♪ paul: as we await the supreme court's pivotal decision on presidential immunity, a closer look at a pair of decisions this week that could have far-reaching implications. the justices on thursday upheld a trump era tax on foreign earnings, cracking open the door to the wealth tax that many democrats are eager to pass. and on friday the court upheld a federal law that makes it a crime for people under domestic violence restraining orders to own a firearm in a case that has been closely watched including by first son hunter biden. finish we're back with dan dan henninger kim strassel and and also joined -- dan dan henninger kim strassel and also joined by allysia finley. the unrealized asset tax, five justices said that basically ducked the issue that they had said hay wanted to settle. why is? >> that's ironic, of course, because they took up this case to settle the question of whether congress can tax the unrealized gains or capital gains or appreciated assets. here hay ducked the question and they -- they ducked the question and upheld this mandatory repatriation tax which was on the shareholders of foreign-controlled companies. this is actually a small venture. and it was intended to hit multi-nationals, but it's narrowed a couple. they didn't actually answer question that they took. they had a very narrow ruling upholding this tax but without actually -- or leaving the door open to this wealth tax, as you say, because they didn't address this question. and amy coney barrett, in a concurrence signed by justice alito, chided the majority for not addressing this question. and they said, well, it's a slam dunk. no, the answer is, no, congress cannot do this. paul: that's what a justice barrett wrote, dan. why do you think -- and i've been pointing to chief justice roberts and brett kavanaugh, justice kavanaugh in particular, why do you think they ducked this question? >> i think justice kavanaugh, i suppose the answer would be with that they're trying to show some deference to congress and and congress' intent. and i know that there's lack of clarity on that. but justice, chief justice roberts especially, the course, paul, is under such political pressure right now, and this case was a close call. and i think maybe they were taking an opportunity the here to show some deference to a congress which is democrats were constantly attacking them. i'd hate to suggest they're making a decision like this purely for political reasons, but i think on a close call like this one leaving the questionsal hisia's racing, maybe another case that was where they went. paul: kim, so we leave this case with four justices sayings it is unconstitutional to tax unrazed gains, five -- unrealized gains, one justice said, oh, you can tax pretty much anything you want -- [laughter] and then four others who said, who were quiet on the question. so what do you think's going to happen? are democrats going to take this open door and run through it? >> you'd think that the supreme court would have learned its lesson over these many, many years, paul, that when you duck questions like this, all you do is leave the door open for continued and and endless mischief. so of course democrats are going to use this. they're going to run through and tax all kinds of unrealized gains if they can get away with it because it's the only way, paul, they have worked out that they can fund their huge ambitions for expanded government. so all the court has done with this is insure that this case is going to end up back in front of them again where they have to answer the question that they could have answered this week had they simply chosen to have some backbone. paul: let's turn to the gun case. 8-1 upholding the federal law that a says if you have a restraining order for domestic violence, you can lose your gun rights. how do you read this? >> well, i think they basically applied the precedent from heller and mcdonald, but it also said that people have a right to carry guns. however, this is not an unlimited right or so they said that there's a historical analog in the case of, or the domestic restraining order, that people who are dangerous are considered dangerous to the committee, there are laws to prevent those -- paul: even going back to the founding. >> right. found in the early 180000s, and they basically applied that and said because there are historical an logs, there doesn't have to be a historical twin. there doesn't have to be the an exact replica of the law, this current law back to the founding, it just has to be analogous. paul: so, dan, what do these cases tell us about this particular if court? i mean, we keep hearing from the court's critics on the left that this is a radical, right-wing court, out of control, you know? making political decisions right and left that supposedly help conservatives and republicans. here you have two cases where the conservative side of the argument lost. >> yeah, that's right. and i think the message here should be that the conservatives on this court really do subscribe to principles and they feel these principles guide them in coming to these decisions. and it doesn't necessarily mean that it always brings them to a conservative policy outcome. and, you know, they spend a lot of time writing these decisions. this gun case, rahimi, i may see if i can recommend it to our viewers who like the supreme court decision has an extraordinarily fascinating discussion of originalism by justices kavanaugh, barrett, gorsuch and barrett and why they come to the conclusions they do and what guides them. so i think what we're seeing here is that you have justices who are willing to come to conclusions, don't necessarily accord with their policy preferences which these three made clear in those decisions. paul: still ahead, president biden issues another executive order on immigration as he tries to appease if his political left, but is he using undocumented immigrants married to americans as a pawn in a political battle? 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(fisher investments) yes. as a fiduciary, we always put your interests first. because we do better when you do better. at fisher investments, we're clearly different. ♪ >> these couples have been raising families, sending their kids to church and school, paying taxes, contributing to our country while living in the united states all this time with fear and uncertainty. we can fix that. paul: facing mounting political pressure from both the left and the right over his border policies, president biden on tuesday signed his second executive order the month on immigration, offering a new path to citizenship for an estimated 500,000 migrants who entered the country illegally but are now now married to american citizens. the department of homeland security says the new plan will apply to anyone who has lived in the country for 10 years and poses no security or criminal threat. donald trump attacked the president's latest move as mass amnesty and promised to reverse the order if he's reelected. >> the biden betrayal is not going to stand. when i'm reelected, biden's illegal amnesty plan would be ripped up and thrown out on the very first day this a we're back in office. [cheers and applause] paul: we're back with our panel. dan, so on the merits of this, just on the policy merits, what do you make of this, the executive order? >> well, i think the policy matters suggest that -- merits suggest that biden is tremendously overreaching. they always have a justification for it, and this is something the the president of homeland security or uses called parole in place, p. if i.p. -- p.i. pivot. , typically, it's been used sparingly. suddenly, joe biden elevates it to half a million immigrants living in the city, in the country who have been here for 10 year withs. and it's going to be -- years. and it's going to be open to legal challenges immediately, there's no question about it. it's not going to happen. and the fact is donald trump is right. if he's elected president, he will rip it up on day one just as joe biden ripped up all of trump's policies on day one which means that our immigration policy is just going to stumble and bounce along from one presidency to another usually with nothing happening much during those president shes. this is a -- presidencies. this is a legislative congressional responsibility, but this is the consequence of congress not doing its job. paul: kim, on the point about the policy itself, you've got people who have been here for 10 years, they're married, they have families, they're settled. i mean, if you end up deporting them, you're breaking up those families. so, i mean, there's a humanitarian argument for this kind of order, is there not? >> oh, absolutely. and i think if you asked many americans, they would agree with that. look, many of these people, paul, while the policy that biden has put out has said that you have to be here, have been here for 10 years, the reality is, is that the average age, time that people have been in the united states is more like 23 years when you're looking at the broad category of folks. and so, look, this is why biden did it too, polls suggest a real compassion for fixing this issue. the problem is, is that compassion alone and executive fiat alone is not the basis for making sweeping actions. everyone understands that this is something, something this large requires some level of congressional intent. and right now the law says exactly the opposite, that if you are here illegally, you must leave the country. and then there's the problem of being able to get back in. it does something that, arguably, should be looked at and and fixed with just like the dreamers thing, yes. joe biden is actually making the environment so toxic on immigration that he's actually putting back the efforts in congress to come together and get something done. paul: so, allysia, assume you're one of these spouses is and you decide, hey, that's a pretty good deal, he's giving a path to citizenship and 3 years' work permit. you come out of the shadows, you announce that you're here illegally. they're taking some risk here because what happens if the courts overturn it or trump reverses it? if. >> right. or they have their names, trump administration now has hair name, knows where -- their name, knows where to get you for his mass deportation. i think the question with the legal challenge, to kim's point, i think it's going to be challenged under the -- paul: which says what? >> any action that is economically or politically significant must have explicit congressional a aa beautiful. paul: and this does not? >> -- by regulation which is how biden has basically been doing a lot of things including his recent asylum order. i think he's being very cynical in betting that he, if trump or republicans were to try to reverse this potentially with a congressional review act a resolution, that there would be a lot of public blowback saying, well, these are people who have been here for decades and how can can you just, you know, subject them to potential deportation? so i think, again, this is a very simple move on biden's behalf. paul: and political motivation, dan, seems to be, what? that he basically, previous order securing, trying to reduce asylum claimants at the border not very popular are on the left, this is, okay, i did that for the other side, now i'm going to do this for you? is it that simple and, i hate to say, cynical? >> it is cynical. they are worried about whether the democratic left is going to turn out. that's typically younger voters, and heavy been very worried about -- they've been very worried about that, especially as support for israel goes. and this election is about turnout. and you're either going to turn out your base, or you're likely to lose. and this is a base turnout decision on trump -- paul: yeah. they were really thrilled about this on the political left. all right, still ahead, vladimir putin visits north korea for the first time in a quarter century as western fears grow over an alliance that could bolster russia's war in ukraine and kim jong un's nuclear am a biggss. ♪ ♪ progressive makes it easy to save with a quick commercial auto quote online. so you can get back to your monster to-do list. -really? 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>> well, i think, paul, at the core of this really is desperation from vladimir putin. he's fighting a war of attrition in ukraine. he badly needs ammunition. and the north koreans have been willing to provide that to him, over 3 million rounds of artillery, short-range ballistic missiles and and a range of other types of weapons systems. and so in return what do the north koreans need? they need missile technology, space technology and potentially help on their nuclear program which the chinese won't provide is. it benefits both sides. paul: well, but do we know in any detail what putin is actually providing north korea? we know what north korea needs, but do we know what they're actually getting? >> yeah. paul, what it looks like based on my conversations with senior u.s. government officials is that the russians have provided a technology right now for north korea's missile program as well as its space program including a major launch last fall that the north koreans did. there is a lot of tough that the north koreans want. they want fighter aircraft, they want a range of different types of weapons systems that the russians probably are not going to provide at this point in the middle of a war. and i think the russians are going to be careful, frankly, in the nuclear welcome at this -- realm at this point as well. paul but i suppose we're trying hard, the united states, to try and get more details. both the satellite and the missile programs have to be concerning not just for japanese or south korea security, but also for american security, right? that gives potentially north korea some global reach, or am i wrong? >> no, no, it does. i think there's no question, paul, that the problem the u.s. faces now unlike what the u.s. did in world war ii where it was able to fight a war many both the pacific and in europe and not really except for pearl harbor have to worry about getting hit on the homeland, certainly the continental united states, now the chinese can reach the u.s. homeland, so can the russians, and the north koreans and iranians are building their long-range missile technology. so it is, it's backing the u.s., in many ways, into a corner. paul: and what about the psychological impact kind of support has for kim jong un? he's being talking a lot more aggressively in the last few months. and, of course, we know china is also supporting him and helping north korea said sanctions. but i wonder if this kind of thing is the sort of thing that could give kim the self-confidence and the belief that he has these countries' backing, and he could start to really do -- be more aggressive and maybe even do something to try to make an aggressive move against the south somehow. >> well, paul, it's possible. it would be a very bold move. i would, i would say the big, overarching issue, the one that concerns me probably more than anything else is that we are seeing today much deeper cooperation between the north koreans, the russians, the chinese and the iranians. if you borrow the dc comics' metaphor, a legion of doom, than we have seen certainly since the end of the cold war. much deeper defense cooperation, much deeper dual use cooperation and even much deeper economic cooperation. so this could make any of them and certainly the north koreans more willing to make bolder moves in this case against south korea and what has been a roughly stabilized conflict. but, boy, if that edges into a war, that would be very destabilizing. paul: you talked about this new i guess you could call it ax axis anti-american position -- axis, china, russia, iran, north korea, vens venezuela, cuba, and they're all to some extent working together. the alliances aren't perfect, but this cooperation ask really achieving a new -- is really achieving a new level of seriousness. i guess the question is, how should the u.s. respond here? what should we be doing to try to exploit any differences between them or, more importantly, just try to restore the american deterrence? >> well, one of the things, paul, is the u.s.' war plans, its operational plans, generally assume that war in asia or in europe would stay there. i think what we're seeing now is the potential for a war to spread into multiple regions because of support from various sides. is so i think the u.s. has got to fundamentally shift how it structures its military, its come combatant commands, but also how it thinks about these big theaters with countries, adversaries in this case willing to provide weapons across theaters. so a war in the taiwan straits, i think we definitely now see the potential for the russians, iranians and north koreans to provide assistance to china in that kind of contingency. that's the new world that the u.s. really finds itself in with its partners. paul: and a new and very dangerous world. thank you, seth jones, appreciate it. when we come back, a voter revolt grows in california as gavin newsome and democrats in sacramento succeed in blocking an anti-tax measure from the november ballot and look to kill that anti-crime initiative ass ♪ help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. always dry scoop before you run. listen to me, the hot dog diet got me shredded. it's time we listen to science. one a day is formulated with key nutrients to support whole body health. one a day. science that matters. ♪ ♪ ♪ chewy, a citi client, uses citi's financial expertise to help drive its growth and keep its supply chain moving, so more pet parents can get everything they need... right when they need it. keeping more pets, and families, happy. ♪ for the love of moving our clients forward. for the love of progress. 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[laughter] >> me too. paul: isn't an amendment a revisionsome. >> exactly. they say, they argue that it has such broad and sweeping consequences and changes the balance of power in government in part because it true reduces the governor's ability to raise revenues willy-nilly, that he would actually have to get voter approval for that. but actually the initiative that was going to be on the ballot is very similar to prop 13, actually tries to close some loopholes that,s ironically, courts have created in prop 13. this was just a coup by the state supreme court, six of seven are democratic appointees. they almost always rule for the state legislature and the democratic party, upholding the '85 law and others against legal are challenges. paul: all right. and, dan, let's turn to this anti-crime initiative, you know? the shoplifting in california very troubling to all kinds of people, and they're trying to raise the penalties for that. >> yeah. and it was basically a reaction to experience shoplifting, i mean, as the whole country knows has become a plague in places like san francisco and los angeles. this was the result of a proposition that californians passed in 2014, proposition 47, which basically reduced shoplifting is ask and some drug crimes to the level of a misdemeanor. this, of course, incentivized criminals to go go out there and start stealing. and now what the public is trying to do is something, for instance, taking shoplifting and saying that you can aggregate these gangs going from one place to another, it's not as a though they're admitting -- committing phi if misdemeanors, it adds up to one big felony. new york state just enacted that law recently, that they now are able to ago regate shoplifting into a felony. -- aggregate. but in california, the democrats, the political elites are still pushing back trying to water down this initiative. it's hard to imagine what the rationale is. the original rationale was you'd have less incarceration. yes, they did get less incarceration, but they got a lot more crime. why are they willing to live with that? paul: how's the legislature trying to kill this crime initiative? kim? kimberly: it's -- >> it's really remarkable. it's claiming that it's coming up with its own package to prop 47. now, in reality they'll probably just nibble around the edges, but it's feel -- selling it as a big pick. but they put in a to from if vision saying, however, our big fix will not go into effect if voters pass this change to 47. and so it's an out and out attempt to influence the public and kill this reform initiative in the crib. so it's really remarkable and shows the the lengths between the supreme court ant aics and gavin's -- ant aics and gavin's lawsuit there and these acts in the legislature trying to nullify the ability for people to use direct democracy via initiative in california. paul: what's the alternative? i guess you just have to leave the state? >> you've already seen that. the state's been losing population since 2019. billions of -- actually, tens of billions of dollars of income has been moving out. paul: all right. we have to take one more break. when we come back, hits and misses of the week. ♪ ♪ i'm having trouble getting around but i want to live in my home. i can do it with the help of a barber, personal shopper, an exercise buddy. life's good. when you have a plan. ♪ with the freestyle libre 3 system know your glucose levels. no fingersticks needed. all with the world's smallest and thinnest sensor. manage your diabetes with more confidence .. when dry eye symptoms keep... coming... back... inflammation might be to blame. over-the-counter eye drops can provide temporary relief. xiidra can provide lasting relief. it targets inflammation that can cause dry eye disease. xiidra? no-o-o! xiidra treats the signs and symptoms of dry eye disease. don't use if allergic to xiidra. common side effects include eye irritation, discomfort or blurred vision when applied, and unusual taste sensation. why wait? ask your doctor about a 90-day prescription and pay as little as $0. xiidra. (grunt) >> cipher hit and misses of the week, kim, you're up first to. . >> louisiana became the 12th state to pass universal school choice. after a phase in, every kid in louisiana will have access to an education scholarship they will be able to take to the school to serve the best which is necessary in the state in particular which had poor education outcomes for a long time. a little charter school here or there, amazing to watch this breakout. alicia:this is a hit to the los angeles cool district which voted to ban cell phones in schools, found that cell phones contributed to the decline of academic, no surprise there. la has been a trendsetter in many ways and bad ways but hope this catches on elsewhere. dan:give me a hit to neighborhoods in queens, new york which decided to lend a hand to the wheels of justice. earlier in the week police were looking good for an undocumented immigrant who abducted a 13-year-old boy and took them into a park and assaulted the girl. the neighborhood identified who the guy was. called the cops and apprehended him. this is called rough justice i would say but the good news is he is still in jail. >> if you had of your own hit or miss, send it to us, that's it for this week's show. thanks to the panel, i hope to see you right here.

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