- [Presenter] Legal Eagle is sponsored by CuriosityStream and Nebula. Get 26% off using the
link in the description. - (laughs) Liberals want
to evict an elderly, financially troubled COVID
survivor and his family from inner-city public housing. I mean, that's only a bad
take because it doesn't say that the liberals also want to take away that elderly COVID survivor's
healthcare as well. (upbeat drumbeats) Well, we're finally on the other side of an incredibly momentous election. But at times, it was
a little touch and go. And while we know the outcome now, along the way, there were some... How do I put this charitably? Bad election takes. But now that hindsight is 20/20, why don't we engage in
a little schadenfreude and let's make fun of some
really bad election opinions. Because not all election
opinions are created equal. So let's take a look at some of the worst
election takes out there. (dramatic percussion) Yeah, so many of my friends
were completely thirsty for chart-throb himself, Steve Kornacki or Korsnacki, as I heard
him referred to many times. - [Leslie] Steve, you
are doing it for me doug. With these numbers. Wait a minute. - Let's take out the
old trusty calculator. - [Leslie] Did this mother
(bleep) just pull out a calc? (laughing) Steve, hey Steve, hey Steve, you ain't gotta do it all, 'cuz. - I'm not in any place to opine on that. I'm not saying that Steve
Kornacki is not hot. What I am saying is that
lawyers are familiar with a phenomenon called
the deposition effect. Deposition is where you're
stuck in the same room for hours where you're
questioning a witness. There is opposing counsel
and the stenographer, usually in the same room. Back when we could do
things in the same room and it wasn't all virtual. And one of the effects of the deposition is that because you're locked
in a room with that person, multiple people for many hours at a time, you build up an affinity for these people. Whether it's opposing
counsel or the stenographer, and they might seem more attractive than they did when you
first entered that room. Look, I'm not saying that that's the case with Steve Kornacki but I'm just saying, you know, sleep on it and ask yourself if you still
feel that way in the morning. (laughing) (dramatic percussion) - We want the law to be
used in a proper manner. So we'll be going to
the U.S. Supreme Court. We want all voting to stop. - [Host] All right, the king of bad election takes himself, Donald Trump, saying that he's going to go straight to the Supreme Court. And I hate to break it to him but as avid viewers of this channel know, that's generally not
how these things work. The U.S. Supreme Court
is the highest court in the federal system though
when it comes to state law, often it is the state Supreme
Court that is the highest and last word on the subject. But generally you don't go straight to the United
States Supreme Court and it can take a very,
very long time to get there. In fact, even when the
court is moving fast, like we saw with Bush versus Gore in 2000, it can take over a month before it actually gets to the
United States Supreme Court. Though interestingly,
Donald Trump is not as off as he usually is in this respect. Because occasionally under
extremely rare circumstances, the court can weigh in on
emergency relief applications and here Justice Alito did
issue an injunctive order saying that the state of
Pennsylvania should follow basically the guidance of the
secretary of the Commonwealth which seems like everyone
was doing anyway. (dramatic percussion) But of course, this
order from Justice Alito on the Supreme Court
engendered its own bad take in the form of this
tweet from Sean Spicer, who is saying that basically
this order from Justice Alito was a game changer and will
basically change the outcome of the election in Pennsylvania. That's not how that happens. And in fact, it seems like
there are a very, very small number of ballots that came in
after the statutory deadline that might be in this small grace period created by the courts. And in fact, it seems like
the state of Pennsylvania was already doing it. That they were segregating the ballots, they were counting the ballots but not adding them to the
cumulative total for the state and waiting for the courts to figure out what they're going to do with these provisional ballots. So, it's not going to change the outcome. Sorry, Sean Spicer. (dramatic percussion) - [Crowd] Stop the
counts! Count those votes! Stop the votes! Count those votes! Stop the count! Count those votes! Stop the count! Count those votes! - Ah yes, who could forget
the near simultaneous chanting from the crowds of Trump's supporters. Some saying to stop the count and others saying that we
needed to count the votes. Look, they have a first amendment right to protest the things that
they are aggrieved about. But at the same time it seems ironic at the very least that they would, at least some would argue for
this anti-democratic measure of stopping the counting
of the actual ballots, or at least the processing of the ballots. Now, in fairness, I think this is a little
bit blown out of proportion because the laws of different
states are different. There is no universal election
law throughout this country. So what's legal in one state might not be legal in another state. But still it's a bad look when you're out there
protesting against the counting of the votes themselves while at the same time, another group of Trump supporters are arguing the exact opposite thing. Bad election take. (dramatic percussion) Yeah, the pollsters got
this one pretty wrong. The polls showed that Joe
Biden was going to win in a landslide and that the Democrats were going to pick up
potentially many seats in the Senate and take a
majority in the Senate. And that of course never happened. The pollsters learned from
their mistakes in 2016, where they were off by an average of 5%. They revised their models,
they did their homework and in 2020, they were off by over 7%. Now, in fairness, they
did get some things right. Apparently Arizona and
Virginia are pretty close to the way that the pollsters
predicted things would go. But across the country,
they were incredibly wrong. (dramatic percussion) - The pollsters got it knowingly wrong. They got it knowingly wrong. - [Host] Knowingly wrong? As if they were doing everyone a favor by suggesting that the Democrats were going to win in a landslide. You could argue it both ways I suppose. That it might suppress the votes or people might not go out and vote because they think that it's
going to be a landslide. That's what some people say about 2016. But...(laughs). But there's no doubt
that the polls in general saying that it was going
to be a complete bloodbath we're very wrong. (dramatic percussion) I feel like I would be remiss if I didn't include a QAnon
as a world-class bad take because I'm sorry, the military
didn't get operationalized. As far as I know, all
my friends were not sent to Guantanamo Bay and Q
has been incredibly silent now that Trump is no longer
going to be re-elected. You know, frankly, I miss good old fashioned
conspiracy theories that were harder to debunk. They weren't making pronouncements about what would and would
not happen on certain days. It could easily be disproven. I miss the old conspiracy theories like the black helicopters
and the chemtrails. I mean, those were at least general enough that there was no certainty that things were not gonna happen. QAnon needs to try harder. It sad that they got the
election so, so wrong and that no one is in jail. (dramatic percussion) Ah, a Donald Trump tweet from 2012 where he says the electoral
college is a disaster for democracy. I guess this is a bad
take with respect to him losing the election in this year. But I actually, I think
that's absolutely right. The electoral college is
a disaster for democracy just because the popular
vote happened to line up with the electoral college vote in 2020 does not mean that it's
a good institution. And then there are all kinds
of anti-democratic issues with the electoral college. I've covered that in
several videos in the past. But frankly, given the
fact that it's possible that faithless electors
could screw up the results and how the votes are
wildly disproportionate, the electoral college
definitely needs some work. (dramatic percussion) (laughs)This is probably
the funniest thing that has ever happened
in American politics, probably full stop. Because it was not the case
that the Trump administration was holding a press conference at the Four Seasons Hotel in Philadelphia. The Four Seasons tweeted out that in fact, they were not holding the
press conference there. And then Trump surrogates mobilized and held a press conference
in front of Four Seasons' total landscaping in a
rundown industrial part of Philadelphia, just on a whim. Credit where credit is due. They got their stuff together
and held a press conference in a place that should not
have had a press conference. In between a crematorium
and an adult sex toy store. You literally could not make that up. If the writers had written that for Veep, they would have rejected it as too crazy. - You know what? I kinda love it. - Probably the funniest
thing that has ever happened in American politics ever. (dramatic percussion) - [Crowd] Fox News sucks! - And they're actually
chanting Fox News sucks. Fox news sucks. The reason why they're chanting that is because Fox news called
Arizona for Biden yesterday. And a lot of people are angry about that. - It's incredible that so
many people on the right were apoplectic that Fox news
called Arizona for Joe Biden. Now, granted it was
early on in the process but it couldn't have had
any effect on the election. They didn't call it until
after the polls were closed. As it turns out, Fox news was right. So, obviously the damage could
not have actually existed because it turns out that
Arizona did go for Joe Biden. But that's the irony of the facts don't care
about your feelings crowd. (dramatic percussion) Pat, to me, the Senator from Pennsylvania, as well as others were
rightfully complaining that Pennsylvania didn't start counting the mailed in ballots and other
ballots until election day. And thus the counting
process in Pennsylvania was long and drawn out. And that's, that's perfectly fine. But the reason it was long and drawn out is because of state law. State law mandated that
they couldn't start counting those ballots. A lot of other states, including Florida, start way ahead of time so that
they don't have this backlog of ballots that are uncounted and that they can stretch out
until long after election day. And in Pennsylvania, it was a Republican
house of representatives that refused to pass
legislation to change that law. We're all exasperated
about how long it takes in all the different states,
including Pennsylvania, but you've got to change the
law to be able to handle that. And under COVID, you would think that they
would want to do that, but of course they did not. (dramatic percussion) (laughs) Liberals want
to evict an elderly, financially troubled COVID survivor and his family from
inner-city public housing. I mean, that's only a bad take because it doesn't say that the liberals also want to take away that
elderly, COVID survivor's healthcare as well. (dramatic percussion) And back to Donald Trump quoting the illustrious former
acting attorney general, Matthew Whitaker. "We need an explanation as to how these numbers have been running up for the last two or three days." Well, that seems pretty simple. Number one, the president
said people should not vote by mail. Democrats often said that
they should vote by mail. The vote by mail tends
to favor the Democrats in the first place. And of course there's the
issue that when another vote comes in, that adds to the counts. That's called math. And on top of that, the count continues. So as a lot of people were pointing out, on election day we're not
going to have a final count. So it takes a long time
to process these things. And lots of states have laws that say that as long as
the ballot is postmarked by election day, that the ballot itself can come
in many days or weeks later and still be counted. So, that's the answer. (dramatic percussion) "No state authority nor FEC
has yet to declare the winner yet Fox News just called
it for Joe Biden, wow." Yeah, that's sort of how that works. The calling of a presidential election is mainly just a media thing. The FEC doesn't make the call
nor does Fox News in general. That's sort of just a projection. Doesn't actually carry any
legal weight with it, so. Rudy Giuliani was also
saying that the court would have to decide
who was the president. That's also not how that works. The court might decide the lawsuits, which is probably what he was hinting at, but it's not for a court to declare anyone the president or not. It's just a media thing that
they say based on the results that who's the projected winner. (dramatic percussion) "Funny how CNN has suddenly stopped it's "COVID COVID, COVID
COVID!" drumbeat, isn't it?" (scoffs) Maybe my timeline is just
different from other people's. But my timeline on Twitter,
at least, was filled with so many people talking about 110, 120, 130,000
new COVID cases a day. Exactly the same time
that they were talking about the election. And of course the election
is relatively consequential for COVID. So it makes sense that
COVID was sort of crowded out for like a day or two. COVID never left my timeline
and I'm still stuck at home. (dramatic percussion) Ben Shapiro arguing
every legally cast vote should be counted. Every illegally cast vote should not. End of story. Well, everyone agrees with that, but a lot of the litigation itself, or at least the posturing
over the litigation is over what is considered
a legal vote or not. You could make the same argument in 2000 in Bush versus Gore but when you're talking about the law about whether it permits a recount or not, or whether a hanging chad or a vote made with a marker versus a pen is legally cast or not, you're changing the rules as with respect to what is legally cast or not. So, that's sort of the
beginning of the fight not the end of the fight. (dramatic percussion) And what has gotta be one
of the worst election takes of all time, from former football player and I think American gladiator
participant, Herschel Walker, says, "Instead of us
fighting and going to court, why don't we have Nevada,
Arizona, Georgia, North Carolina, Pennsylvania, Michigan
and Wisconsin vote again? We can have it done within a week and maintain our democracy." My God. Apart from that violating
the election laws of all of those states, there would be rioting in the street. Can we just, can we not be
done with the 2020 election? Which some were saying is a continuation of the 2016 election. My God, that's insane. Complete insanity. (dramatic percussion) But of course, even that
election take can't hold a candle to the ultimate bad take, tweeted by none other
than the big man himself, Donald Trump, saying, "I won this election by a
lot, exclamation point." Spoiler alert, he did not. I think Donald Trump is just
a practitioner of The Secret. He's just putting it out there, trying to will it into existence. But unfortunately, I don't
think that's going to be enough in this election. - That's the truth. - So those are the worst
election takes that I could find. And if you're the kind
of person that loves dunking on terrible legal takes, I tackle a couple more over at Nebula. This tweet seems perfectly normal. The only problem is the
timestamp, November 10th. A full week after the November election. I posted a whole extended
version of this video there on Nebula as well. Because sometimes even legal issues are too haunt for YouTube, which is why my creator friends teamed up to build our own platform where we don't have to
worry about demonetization or the threaded algorithm. It's called Nebula. And we're thrilled to be
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house our content ad free and also experiment with original content and new series that probably
wouldn't work on YouTube. In fact, almost all the
videos I put up on Nebula are both ad-free or have
an extended discussion or have bloopers or some extra content. They're also released early
before the YouTube version. Nebula features a lot of YouTube's top educationalist creators like Real Engineering,
TierZoo and Kento Bento. And we also get to collaborate in ways that probably
wouldn't work on YouTube and put out amazing original content like Lindsay Ellis' documentary about whether blazing
saddles could be made today. Real Engineering's
incredible multi-part series about the logistics of D-Day and Alex Nichols show, Alex goes bananas, where older
millennials try to explain things to this sheltered, Gen Z kid like Limp Bizkit, Will Smith, or the episode that I guest star in, trying to explain the
whole Gwen Stefani thing. Have you ever heard of scar? - Not at all. - [Host] So what does this have
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helps out this channel. So do you agree with my trashing of these election bad takes? Are there election bad takes that I missed that I should have trashed? Leave your objections in the comments and check out this playlist over here with all of my other real lawyer reactions and my meme reviews and all
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and I'll see you in court.
