HOUR 3 - Alan Dershowitz on the Preventative State
The Clay Travis and Buck Sexton Show
iHeartPodcasts
4.5 • 11.4K Ratings
🗓️ 21 May 2025
⏱️ 40 minutes
🧾️ Download transcript
Summary
Hour 3 of The Clay Travis and Buck Sexton Show delivers a powerhouse segment packed with legal insights, political analysis, and cultural commentary. The hour kicks off with a compelling interview featuring Harvard Law Professor Emeritus Alan Dershowitz, who discusses his new book, The Preventive State: The Challenge of Preventing Serious Harms While Preserving Essential Liberties. Dershowitz explores the legal and constitutional implications of preventive measures like deportation, critiques the ACLU’s partisan shift, and reflects on his own political evolution from a lifelong Democrat to an independent constitutional libertarian.
The conversation dives into the Sean “Diddy” Combs sex trafficking case, where Dershowitz predicts a likely conviction that could be overturned on appeal due to prejudicial evidence—drawing parallels to the overturned Harvey Weinstein conviction. He also weighs in on President Biden’s cognitive fitness, the media’s role in covering it up, and the potential legal ramifications of decisions made during his presidency, including the use of the 25th Amendment and presidential pardons.
The hour continues with an interview with Maine State Representative Laurel Libby, who recently won a Supreme Court ruling restoring her right to vote in the legislature after being censured for opposing biological males competing in girls’ sports. Libby discusses the political fallout in Maine, the narrow Democratic majority, and the broader implications for free speech, women's sports, and democratic representation.
Clay and Buck also touch on the media hypocrisy surrounding President Biden’s mental acuity, highlighting recent critiques from figures like Chris Cuomo and John Stewart, and mocking the legacy media’s delayed acknowledgment of Biden’s decline. The hosts close the hour with a humorous take on Katie Couric’s media presence, Don Lemon’s failed post-CNN ventures, and a preview of an upcoming segment analyzing Abraham Lincoln’s habeas corpus decision in the context of modern immigration policy.
Follow Clay & Buck on YouTube: https://www.youtube.com/c/clayandbuck
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Transcript
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| 0:00.0 | You're listening to an I-Heart podcast. |
| 0:05.0 | Welcome to today's edition of the Clay Travis and Buck Suckston Show podcast. |
| 0:18.0 | All right, a third hour of Clay and Buck kicks off now. |
| 0:21.3 | We are joined by Harvard Law Professor Emeritus and best-selling author Alan Dershowitz. |
| 0:28.4 | He's got a new book out, released just yesterday, The Preventive State, The Challenge of Preventing Serious Harm's while Preserving Essential Liberties. |
| 0:36.8 | Go get your copy. Read it on the beach. you'll impress everybody who sees you with how smart you are |
| 0:41.5 | professor durshowitz good to have you on hey it's great to be on it's a very top of the book |
| 0:47.2 | because it deals with all the preventive mechanisms that we use to try to stop crimes from |
| 0:52.0 | occurring like deportation. |
| 0:57.7 | It also would make, yep, I was going to jump right into that. |
| 1:01.6 | I mean, tell us about, tell us about the deportation piece and how you think the administration's doing on a legal front there. |
| 1:04.3 | Well, you know, deportation is one of the oldest forms of prevention known to humankind. |
| 1:08.7 | It used to be called exile. |
| 1:12.3 | If we were afraid of somebody, |
| 1:17.7 | we would exile them and make them leave the country. So we're using that now as a mechanism of prevention. And I would say that I would give a split verdict to the administration. |
| 1:23.4 | They're doing the right thing substantively. That is, they're trying to throw the right people out. |
| 1:28.2 | They're trying to make sure that we're not subject to crime by gang members. |
| 1:33.2 | On the other hand, they're not doing such a great job on due process. |
| 1:37.0 | And the Supreme Court has basically come down with split decisions. |
| 1:40.7 | They basically said, look, the president has the authority to decide who's in the |
| 1:44.6 | country and who's not in the country, but he has to cross every constitutional T and that |
| 1:49.9 | every constitutional I. And so the courts have struck back on some of the mechanisms that |
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