59:13 Well, it's nice to have some fighters in Congress that hold the left accountable for their whack job ideologies. And it's just been such a void in Congress for so long where we feel like we've had no pushback whatsoever but Josh Hawley has certainly been a voice for reason in the Senate And so there was a hearing for a judicial nominee today. There were some highlights from this, we're going to play some of those clips now Here's Josh Hawley getting into the issue of religious freedom with the Biden Judicial Nominee Lauren L Ali Khan Thank You Mr Chairman congratulations To all of the nominees Judge Ali Khan I think last time you and I visited it was before the Homeland Security Committee
1:00:08 And I asked you a number of questions there, including some for the record. You answered those which I appreciated one question that I ask you and I ask every nominee actually on that committee on this one is whether or not the nominee has ever litigated against religious liberty claim? Usually the answer that's no in your case you answered yes, and you listed one two three four five Different cases over a period of years actually in which you have litigated against Individuals or churches religious liberty claims so let's just talk about a few those if we could let's start with some of your work during Kovac Casey lists here Capitol Hill Baptist Church versus Bowser. Do you remember that case?
1:00:48 Yes, Senator. You remember working on that case? Yes, Senator This was a case involving the district's lockdown policies that shut down churches in the district is that correct It concerned litigation over provision of the lockdown policies The policies restricted all types of activity in the district All types of activity in the district? Yes, Senator Did it restrict mass protests in the district Well, it restricted activities that one normally expected including work going to stores. It also did include these provisions that were challenged concerning churches So it exempted unusual or unlikely activities? That's in the statute that's in the ordinance well When the mayor was enacting these orders at the outset of the pandemic, I think she was trying to be as comprehensive as she could. And the order did restrict a number of daily activities of district residents. But it exempted mass protests? I don't believe it said anything one way or another. Can you point me to the text where it exempted mass protest?
1:01:39 I don't believe it said anything one way or another. Of course it didn't, because it didn't exempt mass protests right? You know that. I think it was silent on the issue because I don't believe it was contemplated by the mayor's office. Ah so you think that mass protest should be in a different category than religious observances is at your position? I think if there were protest on the book then the mayor might have thought about that when she was enacting the COVID-19 restrictions but I think she was trying to protect public health So you think its fine to say to religious people that they are prohibited from gathering outside. wearing a mask, socially distanced. They can't do it but if you want to come and protest defund the police if you want to support that that's fine You can gather in mass person-to-person close up thousands of people That's okay That discrimination is okay? That was your position Senator that is not my position I did not It was your position its what you argued I did not write these orders What I said You defended it in court My... And just articulated to me what I take to be your position
1:02:42 What I was doing in a Capitol Hill Baptist Church was defending the mayor, my client against a constitutional challenge to one aspect of the COVID-19 restrictions. We understood that strict scrutiny applies... How did that case go for you? We lost that case because... Why? It was found that the restrictions did not meet the standard of strict scrutiny. Meaning they were unconstitutional? Uh, meaning that they did not survive strict scrutiny and it's a matter of public record but the District of Columbia did not appeal that decision Why why why were they struck down? Excuse me senator? Why would it were the restrictions that you defended struck down as discriminatory? Why were there because they did not satisfy...Why didn't they
1:03:24 The court concluded that there were restrictions that were not neutral of general applicability. Yeah, yeah, yeah, yeah! That's legalese why didn't they? Why didn't they on the facts you know the facts You're a good lawyer Why'd you lose we lost because applying the strict scrutiny test to the court concluded that the restrictions were not narrowly tailored Because? To serve a compelling governmental interest Because Senator. Oh, come on judge don't make me do this Do you want me to go through it for you? You lost because Mayor Bowser was going to mass protests herself personally with thousands of people Celebrating them by the way which is fine we have a we have first amendment in the United States I want to be clear that is totally fine. You want to protest go for it. I think that's totally fine That wasn't the problem here
1:04:09 At the same time she was doing that, she was prohibiting churches religious people from gathering socially distanced outside wearing masks. And the district court said you can't do that. That's discrimination You can't separate people out based on their ideological beliefs or their positions You can't do that right? Isn't what the district court said? The district court said that the convict did not could not survive strict scrutiny For those reasons right Why are you fighting me on this I can't figure this out I am not fighting you, Senator. So yes you agree? That's what the district court said that was with the district court conclusion Do you think he got it right? The district court get it right? The District Court we did not appeal that decision I think that District Court decision is consistent with rulings that we got from the Supreme Court clarifying the application of the religious test to COVID-19 restrictions and tanned in and my time has almost expired And I know other senators want ask questions so let me just very quickly here do you think it's wrong to discriminate on the basis of religious faith
1:05:06 Absolutely, Senator. Why did you argue that religious services, religious people pose a greater risk of infection than people gather to argue for defunding the police? I was representing my client the mayor and consulting epidemiologists had issued orders that she thought were going to protect public health it was my role to defend those as... Why'd you make that argument This seems like a strange argument to me that religious people are somehow what, more infectious than folks who have other ideological positions? I don't get it. My understanding was the nature of singing and other things epidemiologists thought could transmit COVID at a higher rate You didn't put any scientific evidence in the record for him Senator, those were fast-moving cases and they weren't going to full briefing and full summary judgment with a record. That's not what the district court said. The district court said that you engaged in — your client engaged in — and you defended discrimination on the basis of religious belief that you offered no scientific evidence for it, that you pressed these arguments over and over without any foundation
1:06:03 Frankly, I'm disappointed that you made those arguments. You can choose what arguments to make. I'm disappointed you made those arguments and disappointed he persisted in defending them here today and for that reason among others, I will not support your nomination. Thank you Mr Chairman. So there's more from this hearing but the whole issue that made Peter Hotez cower in fear is that The left and the establishment are used to just running over you They don't get pushback So when you challenge them to a debate, they're like, oh, you don't dare. You don't dare challenge me to a debate! I...You just listen! You just sit down and shut up and listen to what i have to say!" And so they don't want you to think about it. Oh yeah that's right during COVID they shut down my business and my church and my kids school and had all these