October 6, 2014 - James M. McPherson

  • 10/06/2014

Gay marriage becomes legal in 30 states, Allison Orr Larsen discusses amicus briefs, the CDC attempts to quell Ebola fears, and James M. McPherson talks "Embattled Rebel."

>> STEPHEN: TONIGHT, WHO ISINFLUENCING THE SUPREME COURT?

FASHIONWISE, I SAY DRUIDS.

THEN A SURPRISING WEAPON IN THEFIGHT AGAINST EBOLA

YOU ARM WHITE BLOOD CELLS WITHGUNS AND GIVE THE VIRUS A HOODIE

AND MY GUEST JAMES MCPHERSON HASA NEW BOOK ABOUT CONFEDERATE

PRESIDENT JEFFERSON DAVIS

OR AS I CALL HIM THE LINCOLN OFSLAVERY.

INVESTIGATORS FOUND I.S.I.S.

USED AMMUNITION FROM 21DIFFERENT COUNTRIES INCLUDING

CHINA.

OH, NO!

SOME OF THOSE BULLETSMIGHT CONTAIN LEAD!

THIS IS "THE COLBERT REPORT"!

(CHEERS AND APPLAUSE)>> STEPHEN: WELCOME TO "THE

REPORT."

(AUDIENCE CHANTING "STEPHEN")(CHEERS AND APPLAUSE)

(AUDIENCE CHANTING "STEPHEN")(CHEERS AND APPLAUSE)

>> STEPHEN: WELCOME TO "THEREPORT"!

GOOD TO HAVE YOU WITH US! INHERE OUT THERE, ALL AROUND

THE WORLD, ALL THE SHIPS AT SEA

THANK YOU SO MUCH FOR BEINGHERE!

NATION, TODAY IS THE FIRSTMONDAY IN OCTOBER, THE START OF

THE SUPREME COURT'S NEW SESSION,AND I AM PUMPED TO THE GAVELS.

IT'S LIKE THE START OF FOOTBALLSEASON, ONLY, UNLIKE THE N.F.L.,

THESE PLAYERS ACTUALLY GO TOCOURT.

(LAUGHTER)AND RIGHT HERE ON DAY ONE, THE

COURT'S ALREADY DECIDED ON AHUGE NON-DECISION.

>> THE SUPREME COURT HAS SAID ITWILL NOT HEAR ANY OF THE SEVEN

SAME-SEX MARRIAGE CASES THATWERE FILED OVER THE SUMMER.

>> NOW THE LOWER COURT RULINGSSTAND.

>> IN MOST OF THESEJURISDICTIONS NOW, SAME-SEX

MARRIAGE WILL BE DE FACTO LEGAL.

>> NOW WE ARE IN A SITUATIONWHERE 30 STATES HAVE SAME-SEX

MARRIAGE.

APPROXIMATELY 60% OF THEAMERICAN PEOPLE LIVE IN A STATE

WITH SAME-SEX MARRIAGE.

>> THE MOMENTUM WHEN YOU HAVETHAT MANY PEOPLE LIVING IN A

WORLD WHERE SAME-SEX MARRIAGE ISLEGAL MAKES IT INEVITABLE, IT

SEEMS, THAT THE REST OF THECOUNTRY WILL FOLLOW.

>> STEPHEN: INEVITABLE THATTHE REST OF THE COUNTRY WILL

FOLLOW.

WELL, I GUESS THAT'S IT.

(LAUGHTER)I'D JUST LIKE TO THANK MY WIFE

LORRAINE FOR 25 GOOD YEARS.

(LAUGHTER)>> STEPHEN: WHAT CAN I SAY?

WE GAVE IT A GOOD SHOT, HONEY.

AND I WAS JUST ABOUT TO GET APHOTO OF YOU.

AND I'D LIKE TO WELCOME MY NEWGOVERNMENT-MANDATED LIFE PARTNER

ROGER CORNSWORTH.

(LAUGHTER)ROG AND I ARE REGISTERED AT

RESTORATION HARDWARE.

WE'RE DOING OUR ENTIRE LIVINGROOM IN HAMMERED STAINLESS

STEEL.

(LAUGHTER)BUT FOR NOW, FOLKS, LET'S TALK

ABOUT THE CASES THAT THE COURTHAS GRACIOUSLY AGREED TO HEAR.

SPECIFICALLY, HOW THEY WILL BEARRIVING AT THEIR DECISIONS.

I READ ALL ABOUT IT IN THEVIRGINIA LAW REVIEW.

I'M A LONG-TIME SUBSCRIBER.

I USE IT TO HIDE MY HUSTLERS.

THE ARTICLE WAS BY WILLIAM ANDMARY SCHOOL OF LAW PROFESSOR

ALLISON ORR LARSEN.

IN IT, ALLISON, OR LARSEN, I'MNOT SURE WHICH ONE IT WAS, BLOWS

THE LID OFF THE SUPREME COURT'SRELIANCE ON SOMETHING CALLED

AMICUS CURIAE ORFRIEND-OF-THE-COURT BRIEFS,

INFORMATIONAL DOCUMENTS WRITTENBY THIRD PARTIES WHO ARE NOT

INVOLVED IN THE SITUATION, WHOSEOPINION WAS NOT SOUGHT, BUT

STILL WANT SOME SAY IN THEDECISION.

IT'S THE LEGAL EQUIVALENT OFGRANDPARENTS.

(LAUGHTER)AND YOU DON'T HAVE TO BE SOME

ESTABLISHED EXPERT TO INFLUENCETHE COURT.

FOR INSTANCE, IN A 2013DECISION, JUSTICE STEPHEN G.

BREYER CITED AN AMICUS BRIEF TOESTABLISH THAT AMERICAN

LIBRARIES HOLD 200 MILLION BOOKSTHAT WERE PUBLISHED ABROAD...

THE FIGURE CAME FROM A BLOGPOST.

THE BLOG HAS BEEN DISCONTINUED.

(LAUGHTER)SO WHAT IF IT'S DISCONTINUED?

I GET ALL MY LEGAL RESEARCH FROMCACHED GEOCITIES PAGES.

FROM THE 1990S!

(LAUGHTER)THAT'S HOW I KNOW --

(CHEERS AND APPLAUSE)IT'S HOW I KNOW IT IS MY

CONSTITUTIONAL RIGHT TO GETJIGGY WID GILLIAN ANDERSON.

(LAUGHTER)AND IN CARHART V. GONZALES,

JUSTICE KENNEDY WROTE THAT WOMENWHO GET ABORTIONS CAN SUFFER

SEVERE DEPRESSION AND LOSS OFESTEEM.

QUOTING AN AMICUS BRIEF CITINGTHE WORK OF DR. DAVID REARDON,

WHO IS AN ELECTRICAL ENGINEERWHO HOLDS A PH.D. IN BIOETHICS

FROM AN UNACCREDITED AND NOWNON-EXISTENT SCHOOL IN HAWAII.

(LAUGHTER)(AUDIENCE REACTS)

WELL, I SAY ITS LACK OFEXISTENCE IS IRRELEVANT, AND I

HAVE A DOCTORATE IN EXISTENTIALPHILOSOPHY FROM THE UNIVERSITY

OF NARNIA ONLINE.

(LAUGHTER)(CHEERING)

AND THESE ARE NOT ISOLATEDINCIDENTS, ACCORDING TO LARSEN.

THE NUMBER OF AMICUS CURIAEBRIEFS FILED AT THE SUPREME

COURT IS AT AN ALL-TIME HIGH.

AND FROM 2008 TO 2013, THECOURT'S OPINIONS CITED FACTUAL

ASSERTIONS FROM AMICUS BRIEFS124 TIMES.

WELL, AS A WISE MAN ONCE SAID,THERE'S NOTHING WRONG WITH

QUOTING SOMEONE WHO DOESN'T KNOWWHAT THEY'RE TALKING ABOUT.

(LAUGHTER)YOU KNOW WHO SAID THAT?

I DID.

(LAUGHTER)(CHEERING)

BUT I SAY WHY LIMIT THE COURT TOAMICUS BRIEFS WHEN THERE ARE SO

MANY SOURCES FOR UNVERIFIEDFACTS?

WHAT ABOUT SNAPPLE CAPS?

(LAUGHTER)YOUR HONOR, ALABAMA SEEKS A

PRECEDENT IN ITS ABILITY TOREDRAW CONGRESSIONAL VOTING

DISTRICTS BECAUSE...

EMUS CAN'T WALK BACKWARDS.(LAUGHTER)

TASTES LIKE THE TRUTH.

CLEARLY, AMICUS BRIEFS ARE THEGREATEST THING TO HAPPEN TO

JURISPRUDENCE SINCE THE CASE OFSLICED V. BREAD.

HERE TO TELL ME WHY THEY'RE NOTIS PROFESSOR

ALLISON ORR LARSEN.

THERE'S YOUR FANCY VIRGINA LAWREVIEW. WHAT IS THE PROBLEM WITH

AMICUS BRIEFS BEING FILED WITHTHE COURT? IT LITERALLY MEANS

BEING FRIENDLY.

>> THE TROUBLE IS TODAY ANYBODYCAN BE A FACTUAL EXPERT OR CLAIM

TO BE.

>> STEPHEN: EXACTLY RIGHT,BECAUSE IF IT FEELS LIKE A FACT,

IT IS A FACT.

(LAUGHTER)>> BUT IF ALL THOSE ASSERTIONS

ARE MADE TO THE COURT IN DOZENSAND DOZENS OF BRIEFS, IT'S HARD

TO TELL WHICH ARE RELIABLE ANDWHICH ARE NOT.

>> STEPHEN: BUT ALL YOU HAVETO DO IS MERELY READ THE AMICUS

BRIEFS THAT AGREE WITH YOU ANDTHEN YOU DON'T HAVE TO CHANGE

YOUR OPINION.

>> I THINK THAT'S PART OF THEPROBLEM BECAUSE USUALLY, IN THE

LAW, WE HAVE TWO SIDES FIGHTINGIT OUT AND THE JUDGE PICKS WHICH

IS THE MOST RELIABLE OF THEEXPERTS BUT THAT'S NOT THE CASE

WHEN THEY'RE COMING IN AT THEELEVENTH HOUR AND UNTESTED AND

THEY'RE SUPPORTING APRE-EXISTING POINT OF VIEW.

>> STEPHEN: COMING IN AT THEELEVENTH HOUR, IS THAT LIKE

BIDDING IN THE LAST FIVE SECONDSON EBAY?

>> A LITTLE LIKE THAT, EXCEPTBIGGER IMPLICATIONS.

>> STEPHEN: REALLY?

HAVE YOU EVER BID ON A TROLLDOLL?

IT GETS PRETTY VICIOUS.

(APPLAUSE)(CHEERING)

WHAT ARE THESE AMICUS BRIEFSSUPPOSED TO BE?

IF THEY'RE NOT WHAT THEY'RESUPPOSED TO BE, WHAT WAS THE

GOLDEN STANDARD.

>> THEY WERE ORIGINALLY CALLEDFRIEND-OF-THE-COURT BRIEFS A

LONG TIME AGO, WHEN A LAWYER INTHE COURT WOULD HELP THE COURT

OUT WITH A QUESTION OF LAW THATHE WANTED TO KNOW.

>> STEPHEN: THEY WOULD BEBATTLING AN ISSUE AND LOOK

AROUND AND SAY, IS THIS A LAWYERHERE?

>> YES.

>> STEPHEN: REALLY?

IS THERE A LAWYER IN THE HOUSE?

>> IT HASN'T BEEN THAT WAY IN ALONG TIME.

>> STEPHEN: THAT'S HOW ITSTARTED OUT?

>> IT STARTED OUT THAT WAY.

IT HASN'T BEEN THAT WAY IN ALONG TIME.

NOW THEY'RE FILED BY MOTIVATEDGROUPS, PEOPLE WITH A DOG IN THE

FIGHT.

>> STEPHEN: WHY WOULDN'T YOUWANT A MOTIVATED PERSON IN

WHAT'S THE DOWN SIDE?

>> THE DOWN SIDE IS IF YOUAREN'T TESTING THAT, LIKE WHEN

YOU WANT AN EXPERT WITNESS ATTRIAL, YOU DON'T LET ANYBODY

COME TO THE COURTHOUSE STEPS TOTESTIFY.

>> STEPHEN: ANYBODY WHO AGREESWITH ME.

>> IT DOESN'T WORK LIKE THAT.

THERE'S SYSTEM IN PLACE FORDECIDING WHO CAN BE THE REAL

EXPERT AT THAT POINT IN TIME.

>> STEPHEN: SO WHO ARE THESEPOWERFUL PEOPLE WHO ARE

SUBMITTING THESE?

ARE THESE LOBBYISTS?

>> NO, THERE IS ORGANIZATIONSCREATED TO LOBBY AND ALSO TO

FILE AMICUS BRIEFS, TOO, INSUPPORT OF THEIR ORGANIZATION.

>> STEPHEN: I'LL GIVE YOU ANEXAMPLE YOU'VE GOT HERE.

THE AMERICAN COLLEGE OFPEDIATRICS AND THE AMERICAN

ACADEMY OF PEDIATRICS TAKEOPPOSITE POSITIONS ON ADOPTION

OF CHILDREN BY GAY COUPLES.

>> RIGHT.

>> STEPHEN: WHICH ONE OF THEMIS RELIABLE?

>> WELL, IT'S HARD TO TELL,RIGHT?

>> STEPHEN: WHICH ONE ISAGAINST ADOPTION OF CHILDREN BY

GAY COUPLES?

>> THAT WOULD BE THE AMERICANCOLLEGE OF PEDIATRICS.

>> STEPHEN: SOUNDS LIKE GOODFOLKS.

(LAUGHTER)SO BOTH THESE ORGANIZATIONS

COULD SUBMIT AFRIEND-OF-THE-COURT BRIEF AND

THE JUSTICES HAVE TO KEEP INMIND WHICH ONE HAS ALREADY MADE

UP THEIR DECISION IS ESSENTIALLYA LOBBYING ORGANIZATION?

>> YOU'RE LOOKING TO SUPPORTFACTS OF SOMETHING YOU ALREADY

BELIEVE ANYWAY. IT'S ACONVENIENCE AND YOU PICK THE

BRIEF THAT FITS YOUR PREEXISTINGVIEW.

>> STEPHEN: WHICH JUSTICES DOTHIS MORE THAN OTHERS?

>> THEY ALL DO IT. THEY ALL CITEAMICUS BRIEFS.

SOME COMPLAIN WHEN THEIRCOLLEAGUES DO IT.

>> STEPHEN: DO THEY STILL DOIT THEMSELVES, THOUGH?

>> YES.

>> STEPHEN: WHO IS THAT?

DOES SCALIA DO IT?

DOES SCALIA COMPLAIN ABOUT IT?

>> HE DOES COMPLAIN ABOUT IT.

>> STEPHEN: BUT DOES HE DO IT,ANYWAY?

>> HE HAS DONE IT.

>> STEPHEN: AH, THAT'S ANTONIN!

THANK YOU SO MUCH.

(APPLAUSE)PROFESSOR ALLISON ORR LARSEN!

WE'LL BE RIGHT BACK!

>> STEPHEN: WELCOME BACK.

(CHEERS AND APPLAUSE)FOLKS, THANKS SO MUCH FOR YOUR

SUPPORT.

I NEED IT TONIGHT.

THIS ISN'T GOING TO BE EASY TOSAY BUT I WANT TO ISSUE A RARE

CORRECTION.

(LAUGHTER)LAST WEEK, I BROKE THE STORY

THAT YOU WOULD SOON BE DEAD

IT TURNS OUT YOU ARE NOT AND,FOR THAT, I APOLOGIZE.

(LAUGHTER)BECAUSE, AS WE ALL KNOW, EBOLA

HAS REACHED AMERICA, BUT EVERSINCE THE FIRST CASE WAS

IDENTIFIED, THE C.D.C. HASSTEPPED IN TO ISOLATE THE VIRUS,

MONITOR ANYONE AT RISK, ANDCONTAIN ANY CHANCE OF FURTHER

INFECTION.

YOU CAN SLEEP SOUNDLY.

THERE WILL BE NO EBOLA OUTBREAKIN THE UNITED STATES...

IS WHAT THEY WANT YOU TOBELIEVE!

JIM?

>> ARE AMERICANS BEING TOLD THETRUTH ABOUT THE THREAT OF THIS

VERY DEADLY DISEASE?

>> I HEARD THE C.D.C. CHIEF SAYIT'S NOT GOING TO HAPPEN.

I HEARD THE HOSPITAL SAY, DON'TWORRY.

WE HAVE THIS UNDER CONTROL.

I'M NOT SURE WE CAN TRUSTANYONE.

>> AN EMERGENCY ROOM PHYSICIANSAYS THE C.D.C. IS LYING.

>> THEY HAVE BEEN DOWNPLAYINGTHIS FROM THE VERY BEGINNING.

I DON'T THINK AMERICANS AREGOING TO JUST SIT BACK AND GO,

IT'S COOL, THE GOVERNMENT HAS ITTAKEN CARE OF, BECAUSE I DON'T

BELIEVE THE GOVERNMENT HAS GOTIT TAKEN CARE OF.

>> THE C.D.C.,THE CENTERS FOR DENIAL AND

CONFUSION ARE DOWNPLAYING THEDANGERS TO AMERICANS ALMOST TO

THE POINT OF LYING TO THEM.

>> STEPHEN: THE C.D.C., THECOALITION FOR DECEPTION AND

COERCION IS LYING!

THEY WANT YOU TO BELIEVE THATTHEY'VE GOT THIS UNDER CONTROL.

BUT LOOK AT THEIR TRACK RECORD.

BACK IN THE '90S, THEY LETTHAT INFECTED MONKEY FROM

"OUTBREAK" ESCAPE, THEN HESHARED AN ICE CREAM CONE WITH

ROSS FROM "FRIENDS," AND NOWGWYNETH PALTROW IS DEAD.

(APPLAUSE)SO I DON'T TRUST THE C.D.C. OR

COVEN OF DEVIANTS AND CHARLATANSI LISTEN TO TV PUNDITS BECAUSE

WE TREAT EVERYTHING LIKE IT'STHE END OF THE WORLD.

>> WHITE HOUSE SPOKESMAN JOSHEARNEST SAYS SCREENING

PROCEDURES ARE IN PLACE AT OURBORDER AND PEOPLE ARE SCREENED

AS SOON AS THEY GET HERE.

REALLY?

YOU'RE KIDDING, RIGHT?

WHAT IS THAT?

YOU'RE SAYING THAT BECAUSE YOUDON'T WANT PEOPLE TO PANIC?

YOU DON'T WANT US TO PANIC?

HOW ABOUT I DON'T WANT US TODIE?

>> STEPHEN: YEAH!

YEAH!

OBAMA WANTS CAN YOU TO LINE UPFOR A CALM AND ORDERLY DEATH.

WHAT'S THAT?

WHAT'S THAT YOU'RE SAYING?

THIS IS MY DEAF EAR?

AND NOBODY'S TALKING?

THEN WHY AM I HEARING VOICES?

IS THAT BECAUSE OF EBOLA?

WHAT'S THAT?

IT'S AN UNRELATED MENTALDISORDER?

ALL RIGHT THEN, AS LONG AS IDON'T CATCH WHATEVER PARALYZED

HER EYEBROWS.

(CHEERS AND APPLAUSE)BAD, BAD! NO, BAD!

POINT IS, THE FEDERAL GOVERNMENTIS INCOMPETENT.

WE SIMPLY CAN'T TRUST THEM TOCONTAIN EBOLA.

IT SHOULD BE LEFT UP TO STATES.

AND MY HOME STATE OFSOUTH CAROLINA ALREADY HAS A

POTENTIAL PLAN TO ERADICATE THEVIRUS.

AS FORMER EXECUTIVE DIRECTOR OFTHE SOUTH CAROLINA G.O.P. AND

CURRENT MIDDLE SCHOOL DEBATECLUB TREASURER, TOM KINCANNON

TWEETED...

THE PROTOCOL FOR A POSITIVEEBOLA TEST SHOULD BE IMMEDIATE,

HUMANE EXECUTION ANDSANITIZATION OF THE WHOLE AREA.

THAT WILL SAVE LIVES.

FINALLY, A WAY TO SAVE LIVES.

HUMANELY EXECUTE THE VICTIM.

OF COURSE, THE SHOTGUN BLAST TOHIS CHEST COULD SPREAD SOME

BODILY FLUIDS.

SO, TO BE SAFE, SOMEONE WILLHAVE TO COMPASSIONATELY MURDER

WHOEVER EXECUTED THE PATIENT.

AND THAT PERSON, OF COURSE, WILLHAVE TO BE SENSITIVELY

BLUDGEONED TO DEATH BY A FOURTHPERSON, AND SO ON UNTIL THE

CHAIN OF HUMANE HOMICIDE MAKESIT BACK TO WHOEVER'S WONDERFUL

IDEA THIS WAS.

(CHEERS AND APPLAUSE)WE'LL BE RIGHT BACK.

(CHEERS AND APPLAUSE)>> STEPHEN: WELCOME BACK,

EVERYBODY!

MY GUEST TONIGHT HAS A NEW BOOKABOUT CONFEDERATE PRESIDENT

JEFFERSON DAVIS.

I WILL CLAIM THE INTERVIEW ISABOUT SOMETHING OTHER THAN

SLAVERY.

PLEASE WELCOME JAMESMCPHERSON!

(CHEERS AND APPLAUSE)THANK YOU SO MUCH!

THANKS FOR BEING HERE!

YOU ARE A PROFESSOR AT PRINCETONUNIVERSITY.

WELL, LA TEE DA!

SOMEBODY"S PRETTY SMART.

YOU'RE CONSIDERED AN EXPERT ONTHE CIVIL WAR AND AUTHOR OF MANY

BOOKS INCLUDING PULITZER PRIZEBATTLE CRY FREEDOM AND YOUR

LATEST "EMBATTLED REBEL: JEFFERSON DAVIS AS

COMMANDER-IN-CHIEF."

ARE YOU FROM THE SOUTH?

>> NO.

>> STEPHEN: WHERE ARE YOUFROM?

>> NORTH DAKOTA.

>> STEPHEN: YOU GOT NO DOG INTHIS FIGHT!

WHAT INTERESTS YOU IN THE SOUTH,BEING FROM NORTH DAKOTA?

THAT'S AS FAR AWAY FROM THESOUTH AS NORTH CAN BE

>> I GREW UP IN MINNESOTA AFTERBORN IN NORTH DAKOTA.

>> STEPHEN: OKAY.

THE SOUTH WAS A MYSTERIOUS,STRANGE LAND TO ME AND I DECIDED

TO LEARN MORE ABOUT IT.

>> STEPHEN: I BET THE SOUTHFELT PRETTY GOOD ABOUT MID

FEBRUARY.

>> BEING FROM MINNESOTA, THAT'SQUITE TRUE, YES.

>> STEPHEN: WELL, I'M FROMCHARLESTON, SOUTH CAROLINA,

WHERE WE LIKE TO SAY ALL ROADSLEAD NORTH FROM HERE, AND THERE

ARE PEOPLE IN MY HOME STATE WHOSTILL GET TEARY WHEN YOU START

TO TALK ABOUT ROBERT E. LEE, BUTNOBODY GIVES A DAMN ABOUT

JEFFERSON DAVIS.

(LAUGHTER)HE WAS THE PRESIDENT OF THE

CONFEDERACY.

I'M NOT SAYING ANYTHING ABOUTYOUR BOOK, IT'S A GREAT SUBJECT,

BUT WHY DON'T WE LOVE DAVIS?

>> WELL, DAVIS WAS AT THE TOP OFTHE CHAIN.

SOMEBODY HAS TO BE BLAMED FORDEFEAT, AND THE BUCK STOPPED AT

THE PRESIDENT'S DESK.

>> STEPHEN: HE SAID THAT,ORIGINALLY, DIDN'T HE?

THE BUCK STOPS HERE.

>> HARRY TRUMAN SAID THAT.

>> STEPHEN: HE WAS THE HARRYTRUMAN OF THE CONFEDERACY.

>> THAT'S CORRECT.

(LAUGHTER)>> STEPHEN: QUESTION ABOUT

DAVIS, GREAT CONFEDERATE OR THEGREATEST CONFEDERATE PRESIDENT?

>> HE WAS THE ONLY.

>> STEPHEN: I'LL PUT YOU DOWNFOR GREATEST, BECAUSE I ONLY

HAVE GREATER-GREATEST HERE.

GROWING UP IN SOUTH CAROLINA, IKNOW THE CIVIL WAR WASN'T

PRIMARILY ABOUT SLAVERY.

>> MM-HMM.

>> STEPHEN: WHY DID DAVIS FEELTHEY HAD TO SECEDE?

>> BECAUSE THE CIVIL WAR WASABOUT SLAVERY.

>> STEPHEN: ECONOMIC ISSUES,STATES' RIGHTS BUT NOT SLAVERY.

>> MM-HMM(LAUGHTER)

DAVIS SAID LINCOLN'S ELECTIONREPRESENTED A THREAT TO

$3 BILLION WORTH OF PROPERTY.

SOME OF THAT PROPERTY WASACTUALLY JEFFERSON DAVIS'

HIMSELF.

HE OWNED 113 SLAVES, AND IFSLAVERY DISAPPEARED, HE WOULD

HAVE HAD TO GO ON UNEMPLOYMENT.

>> STEPHEN: DID THEY HAVETHAT?

THE CONFEDERATE STATES?

>> WELL, A LOT OF PEOPLE WHOOWNED SLAVES WERE NOT EMPLOYED

BECAUSE THE SLAVES DID ALL THEWORK.

>> STEPHEN: HOW WAS HE AS ACOMMANDER-IN-CHIEF?

DID HE HAVE A GOOD RELATIONSHIPWITH LEE?

>> A VERY GOOD RELATIONSHIP WITHLEA, IT WAS A CREATIVE

PARTNERSHIP.

>> STEPHEN: WHAT DO YOUMEAN BY CREATIVE PARTNERSHIP?

THAT SOUNDS LIKE THEY WORKED INA DANCE TROUPE.

>> WELL, IN A WAY THEY DID.

>> STEPHEN: IN WAY, THEY WEREIN A DANCE TROUPE.

I WANT TO BE CLEAR ON WHAT YOUJUST SAID, OKAY?

(LAUGHTER)(APPLAUSE)

WHO'S LEADING IN THIS DANCE?

(LAUGHTER)>> DAVIS IS LEADING.

LEE IS ACTUALLY MANIPULATING HIMTO LEAD IN A CERTAIN WAY.

>> STEPHEN: WHY DID THE SOUTHLOSE THE CIVIL WAR?

>> I THINK THE BETTER WAY TO ASKTHAT QUESTION IS WHY DID THE

NORTH WIN THE CIVIL WAR.

>> STEPHEN: LET ME ASK ITAGAIN.

WHY DID THE SOUTH LOSE THE CIVILWAR?

(APPLAUSE)MY SHOW, MY QUESTION.

(LAUGHTER)WHY DID THE NORTH WIN?

>> THE NORTH WON BECAUSE ITDEVELOPED A BETTER LEADERSHIP BY

THE LATTER TWO YEARS OF THE WARTHAT COULD MAKE USE OF THE

NORTH'S SUPERIOR RESOURCES.

THE NORTH HAD MORE PEOPLE, ASTRONGER ECONOMY, MORE GUNS,

MORE BUTTER, BUT AT FIRST THEYDIDN'T EMPLOY THIS ADVANTAGE

VERY SUCCESSFULLY, BUT BY THELAST YEAR OR TWO OF THE WAR,

LINCOLN HAD PUT TOGETHER AWINNING TEAM OF GRANT AND

SHERMAN AND SHERIDAN AND THOMASAND LINCOLN'S OWN POLITICAL

LEADERSHIP, AND THAT EVENTUALLYCARRIED THROUGH TO A VICTORY.

>> STEPHEN: CAN I POINT OUTSOMETHING?

CAN WE HAVE A CLOSE SHOT OFTHIS?

THERE'S THE COVER.

THERE'S JEFFERSON DAVIS RIGHTTHERE.

I WANT TO POINT OUT SOMETHING TOYOU.

IF I DO THIS AND THIS, IF I DOTHIS, OKAY --

(LAUGHTER)-- IF I DO THIS, OKAY, AND

THIS --(LAUGHTER)

-- AND THIS, AND LIKE THAT,LIKE THAT, OKAY --

(LAUGHTER)(CHEERS AND APPLAUSE)

IS THERE ANY CHANCE -- IS THEREANY CHANCE THAT JEFFERSON DAVIS

AND LINCOLN WERE THE SAME MAN?

DID ANYONE EVER SEE THEM IN THESAME ROOM TOGETHER?

>> NO ONE EVER DID.

>> STEPHEN: NO ONE EVER SAWTHEM?

SO THEY COULD HAVE BEEN THE SAMEPERSON AND JUST SAID MARY TODD

WAS CRAZY TO PROTECT LINCOLN'SSECRET IDENTITY AND THAT'S WHY

LINCOLN HAD TO BE ASSASSINATEDBECAUSE ONLY ONE OF THEM COULD

SURVIVE THE WAR.

>> THAT'S RIGHT.

>> STEPHEN: THAT'S YOUR NEXTBOOK.

>> THAT'S MY NEXT BOOK.

>> STEPHEN: THANK YOU SO MUCH!

(APPLAUSE)>> STEPHEN: JAMES MCPHERSON,

"EMBATTLED REBEL". AND THEN GOGET A SHARPIE.

WE'LL BE RIGHT BACK.

(APPLAUSE)>> STEPHEN: THAT'S IT FOR "THE

REPORT," EVERYBODY!

GOOD NIGHT!