
KABATALKS
KABATALKS
Episode 24: California's Gubernatorial Outlook From the Left and the Right.
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Is California's political stage ready for a major shake-up? Join us, brothers Brian and John Kabateck, as we dissect the Golden State's gubernatorial race. With Brian leaning slightly left and John slightly right, we explore the landscape of potential candidates such as Tony Atkins, Eleni Kounalakis, and Antonio Villaraigosa, while contemplating the roles of Kamala Harris and Gavin Newsom in future political arenas. We also ponder the slim but impactful chances of a Republican governor influencing key issues like economic stress and public safety.
Dive into our engaging discussion on California's affordability crisis and policy challenges, where we critique the impact of economic factors such as gas prices and the high cost of living in regions like Los Angeles. We examine how these issues are shaping voter behavior, often surpassing party allegiances. The debate heats up as we tackle the consequences of a high minimum wage and proposed tariffs, offering insights into the broader political dynamics that both Democrats and Republicans must navigate to address voter concerns effectively.
Our episode takes a turn to explore the Menendez brothers' case, questioning the fairness of their life sentences and considering potential resentencing. As always, find insightful analysis, promising an engaging listen that keeps you wondering which unexpected candidate might enter California's political ring next.
If you enjoy hearing what we have to say, albeit somewhat irreverent and rarely do we agree, please subscribe or follow and us and leave a comment. We would love to hear from you.
To learn more about John Kabateck's firm visit Kabateck Strategies
To learn more about Brian's firm visit KBK Law
Brian Kabateck: [00:00:00] Hey, welcome back everybody to KabaTalks. This is Brian Kabateck, the older, shorter, funnier brother. Also former president of the Consumer Attorneys of California, Los Angeles County Bar. Politically engaged and slightly to the left of center. And my brother,
John Kabateck: This is Brian's interrupting brother, younger brother, John Kabateck.
I am the California State Director of the National Federation of Independent Business, but I'm also the president of Cavitek Strategies, a full service public affairs firm based in Sacramento, slightly to the right, but always enjoy the discussion with big brother Brian.
Brian Kabateck: Slightly to the right of whom is the big question.
All right, so let's get started. I know one of the things we wanted to talk about today A few years ago, John and I were testifying against each other in Sacramento, and then California State Senator Hannah Beth Jackson, one of my people, heard us debating and I think she turned to my brother and she asked him a question about Thanksgiving.
John Kabateck: Yeah, Senator [00:01:00] Jackson said, Boy, I bet Thanksgivings with the two of you are most entertaining. And I said, Well, Senator, yes, they are. They're usually at Brian's home in Pasadena, and they always involve vodka. So, while we're doing this, we decided to have a little beverage to kind of keep the party going and get us through these topics together.
You won't
Brian Kabateck: see me drinking the alcohol on camera. That's all I can say. And if you're listening to this, I didn't drink any alcohol. Just keep that in mind, perfectly clean and sober, clean and sober.
John Kabateck: Great. And I'm the crazy younger brother, not the T totally.
Brian Kabateck: So I think what we're going to talk about today, John, at least to start out, kick this off is what's going to happen in a couple of years with the California gubernatorial race, which is already shaking up.
And we're going to talk about that sort of in the context of, you know, what happened with the selection that just happened a few weeks ago. And where that's going to lead things. And, and the Republicans have still not stopped their victory parade. The Democrats have not stopped their. [00:02:00] Circling the wagons and I guess I would call it sort of shooting at each other and trying to find blame.
And I still stand by what I said before, which is there's not one specific reason why the Dems lost. There are many reasons. And there's not one specific reason why the Republicans won. There are many reasons. And what happens nationally doesn't necessarily reflect on what could happen in California. I am a little sick and tired of seeing these big t shirts that people are wearing that say something like Trump had better coverage than Verizon, which is a complete misnomer, they just use the electoral map, as opposed to the fact that every major city in the United States voted for Kamala, whereas the rural areas voted for, for Trump, and that's no different in California, right?
I mean, you know, you certainly had a lot of people in California, in the rural areas that, that voted heavily, heavily Republican. So what does it mean?
John Kabateck: And so much so that actually as we're speaking, literally today and this week, uh, Gavin Newsom has been making his way around Bryan to those rural areas, [00:03:00] Fresno, you know, Inland Empire, North, North State, making his way speaking to those rural communities, I think really trying to help better connect and better, you know, better tell their message.
Republicans have their own issues, no doubt, but Newsom has clearly picked up on this and is quick to get out there and talk to folks.
Brian Kabateck: Well, you hope the rest of the Democratic Party is going to start making inroads back into the people that they've lost over the last 25 years. Okay, having said that, we can keep circling back and talking about this all we want.
Gubernatorial race. What are your thoughts, John? I mean, there's a long list of people who are potential contenders. First, let me ask you the first question. This could get your opinion on this. I'm happy always to share mine. Is, does a Republican have any chance in two years? Hold on. I'm taking a sip of Tito's as you're asking me that question.
Okay.
John Kabateck: That's
Brian Kabateck: pretty much the answer right there.
John Kabateck: About the odds of Republicans having. Yeah,
Brian Kabateck: that's, that's, that's about the odds right there. I mean, the chances, The chances of a Republican winning the gubernatorial election in California in [00:04:00] 2026 are about on par with mine starting for the Dodgers in March.
John Kabateck: Exactly. Or operating a SpaceX, right? Weren't you saying trying to land on the moon?
Brian Kabateck: Land on the moon, right? I'll be the guy landing on the moon. That's about the same chances. Yeah. I mean, I think that's something we can agree on, but does a Republican shake it up?
John Kabateck: You know, I think, I think the Republican actually helps to get some of the issues out there.
I think we're still not going to see in our lifetimes or even our, my children's lifetimes, uh, you know, Republican ownership of any of the statewide offices. Oh, don't be so sure about that. I don't know. Maybe, we'll see, maybe so. I will say that I think with what we found in this last cycle, as we've talked about before on these shows, we've talked about the fact that, you know, people are still economically stressed, they still feel very unsafe in their neighborhoods, and those are issues that do speak to kind of right center, Brian, whether you're a Democrat or Republican.
But I'm looking at the field right now. And I think we're seeing about, oh gosh, declared candidates while we're [00:05:00] looking at about six or seven of them, everybody from, we can go through these a little bit, but every, everybody from the former Senate president pro tem, Tony Atkins, from her to current Lieutenant governor, Eleni Kounalakis.
I can say that we have that three times after Tito's and then certainly Antonio Villaraigosa, Brian, former mayor of Los Angeles, who you and I have talked about pretty crowded field of certainly the Democrats and then right center. Not a whole lot. Chad Bianco, who is currently the sheriff of Riverside County is out there and has expressed an interest, but he is by no means filed declared yet.
So. I don't know. I think we might see the issues start to bring the Democrat candidates closer to the middle, but it will be, we will be hard pressed to see a Republican governor.
Brian Kabateck: Yeah. I don't, I don't think you're going to see the Republicans. I don't think you're going to see the Republicans pushing the Democratic candidates towards the center.
I think they're going to have to do it all on their [00:06:00] own. And I think that's going to be a must be in this cycle. I mean, look right now. I think an interesting question. Let me, let me throw a couple interesting questions out there. Does Kamala run for governor? I mean, I'm not the first person to suggest that.
Other people have said the same thing. Does Kamala run for governor?
John Kabateck: I think so. Yes, I think absolutely. I, you know, look at Republican, Democrat, Brian. I think we find that the, uh, have been in, in the, on a pedestal of power. They get seduced. They, they are, it's, it's an elixir for them. And I think that she very much has both a desire and candidly, I think, you know, there's, there's probably a way that she's discussing a pathway with, with Gavin.
You know, I think it's kind of one of those things where I wouldn't be surprised if they've sat in a room together and said, look, I'll show you yours. If you show me mine. Okay, John. Okay. Let's draw the line there. And I mean, fundraising and grassroots books, Brian. Fundraising and grassroots, but well, we [00:07:00] do know, we do know for, you know, almost a fact that,
Brian Kabateck: that she agreed not to run for governor and he agreed not to run for Senate and then endorsed each other.
And that's where things, you know, that's where things went. And at the end of the day, she didn't end up poorly. I mean, there's a lot of talk right now, and I've heard a lot of people saying. Geez, I watched somebody just the other night do an entire bit about how it was her fault, she lost the election, and then somebody else came up to me and was talking to me, and she was a terrible AG, and of course, neither of those are true.
She's a factor why they lost the election, but she's not the only factor, you know, like I have a Long standing relationship with her. I know you know her john as well I could see her running for governor of the state of california You know, she wouldn't be the first vice president of the united states to take a run at the governor The governorship of california, right?
You know who the other one was don't you?
John Kabateck: Oh gosh. Give me give me. Oh
Brian Kabateck: my god How do you not know this? Richard Nixon, Nixon after he left, after he left the vice presidency, ran for governor [00:08:00] after and, and after he, uh, he ran for the vice presidency and I mean ran for governor of the state of California and he, he lost and he had that famous line where he said, you won't have Dick Nixon to kick around anymore.
And a few years later, he became president of the United States.
John Kabateck: Yeah, that's
Brian Kabateck: true. That's true.
John Kabateck: It'll be interesting to see, you know, I think, like I said, a lot of these candidates, whether they're in the legislature, uh, you know, they can't get enough of the power and the desire to serve in all to be candid.
And, you know, some of them are, I think a lot of them actually choose to run for that mosquito abatement district or city council or school board or county supervisor. But you know, but I think with her, I think she feels like there's an opportunity. And I think if she's helping out Gavin with his pathway to the white house, which is Never going away and vice versa.
He's helping her with his campaign books and teams and grassroots and money. There could be a bit of this mutual help with each other and a chance for her to continue like he will for the next several years to be a foil
Brian Kabateck: for Trump. Let me be very political about saying this. [00:09:00] Her chances of becoming governor of the state of California are much better than his chances of becoming president of the United States, in my humble opinion.
No doubt. No doubt about it. I mean, I think if she ran for governor, I think she would. I don't think she necessarily clear the field, but I think she'd win the nomination and win the The office.
John Kabateck: Yeah, I think you're right. I mean, I look at Reza, I think probably osa. I wish you
Brian Kabateck: people could see the picture my brother sent me of Vosa.
And, like, it looks like he has a wig on, like he's trying out for the 1960s Beach Boys. I don't know where they got this picture.
John Kabateck: This is crazy. It is a crazy, crazy picture. Well, you know, since I think he has probably held down about 13 different jobs, you know, since he left the position as mayor. Does the dude
Brian Kabateck: have a wig?
John Kabateck: He may very wig, he may very well be doing the eight o'clock program time at Disneyland for, uh, you know, for [00:10:00] the, uh, evening event. So. That is a crazy picture. Crazy picture. It is crazy. Brian, what do you think? I mean, let me ask you this. If you were to look at the constitutional offices, where would you see a window for Republicans possibly to have hope?
Would it be AG? You tell me. What do you think?
Brian Kabateck: Well, hope's not a plan. Let's just start with that. No, I, I mean, AG's always been the possibility. You know, one of the things people forget when they talk about Kamala is that, that she narrowly won The AG race over my friend, Steve Cooley, who is a decent man and was a good DA.
And for whatever reason, Steve couldn't carry Los Angeles County. And it was a very tight race and I think it wasn't decided the night of the election. It went down several days afterwards. So yeah, it could be a Republican. It could absolutely be a Republican that people feel the law and order and the Republican party is going to be more in charge of that.
But I don't know. I, I, I don't see it this cycle. Maybe in the future you could [00:11:00] see it happening. Depends on what happens. You know, by tradition, the midterms in Congress tend to go against the party in power. So you would think that that would come into some effect in, in California. I don't know. I, I, I don't think you're going to see a Republican this cycle, but you could four years from now, you could see a, a Republican who successfully becomes.
Or four years after that, you know, and what would that 20, 20, 30, um, that would, that could, it just depends on what happens. It depends on how things shake out. Very true. So, so if, if it's just the field that we've talked about right now, and there's a couple of names you skipped over, but who do you think would have the best chance of getting elected right now, Kamala excluded.
Yeah, yeah. Kamal excluded. Yep.
John Kabateck: Oh, I'd say Antonio, you know, he's been the mayor of a city. He's got some great name ID. He is charismatic. He has a great [00:12:00] hairstylist and the man knows how to hold down the job or six at one time. So I think that on, but I'll, I'll joke in his side. I think he's probably got, you know, he's also got the Sacramento experience.
He understands that. And then Karen Kander, you know, I think there were folks on the right who worked very well with him when he was up here and even in Los Yeah, but that's inside baseball. I mean, does that
Brian Kabateck: matter to the voter?
John Kabateck: Yeah, I, it may, you know, but I think he's probably got the most name ID and the others.
You know, they, they're going to have an uphill climb for sure.
Brian Kabateck: I don't know. I like, I kind of like Kunalakis chances. Lieutenant governor, that looks good on the, on the ballot. She's a woman. There's definitely a pro, you know, pro female, anti misogynistic feel in California. She has experience. I mean, but if you're looking at this from a voter's point of view, what are they going to see?
John Kabateck: Yeah, well, you know, and remember you, you've got declared, you still have a long ways between now and, and, you know, kind of the deadline for filing. There could always [00:13:00] be a dark horse, Brian. I mean, I've heard rumors is I've, I've heard rumors from everything from like George Clooney, considering it to people trying on the, on the left to the people on the right, trying to recruit Condoleezza Rice.
So, you know, you've got, but I think again, that's a more well,
Brian Kabateck: Well, come on. Let's let's let's be serious. John, an actor could never become governor of the state of California. Right? That's a ridiculous proposition. It's
John Kabateck: never happened. Funny story, when I was at the California Restaurant Association in a previous life, and I know we've had Jot Kondi, the president, on as a previous guest.
When I was there as staff, as a lobbyist, I'll just never forget. This was, gosh, in early 2000. I remember getting Is this story gonna
Brian Kabateck: come to an end soon?
John Kabateck: Hey now, hey now, be nice. I'm having vodka, I can pour some for you. Do I have time to go get a cup of coffee, though? Yeah, you can go do that. Okay, I'll see you.
Just pour some Tito's in it. But I remember the president of the association putting a flyer on my chair that said, come see Arnold Schwarzenegger talk about his after school initiative. And at the bottom, my boss had written, [00:14:00] what next? Secretary of State Oprah Winfrey? Ha ha ha. And I thought, gosh, be careful what you're laughing at.
Brian Kabateck: Yeah. Well, she's not going to become secretary of state instead little Marco Rubio is, but that's another story. Hey, listen to candidates who are very serious that have been mentioned. One who I think is absolutely going to run. If Kamala doesn't run is Rob Bonta, the attorney, attorney general. I think he's a very viable candidate.
I think he, he presents well. I think the attorney general looks good on a ballot initiative. I mean on the, on the ballot and his ballot designation, I think he's a serious candidate.
John Kabateck: We'll see. We'll see. Is he embracing the issues that are important to Californians? We'll see, you know. He never took a position on Prop 36, which by the way, which was the retail crime initiative that was overwhelmingly passed by Democrats and Republicans.
You know
Brian Kabateck: what his rationale for that is, John? Before you start trashing on him? He says he never takes a position on any initiative because he writes the title and summary. But he did take a position when it [00:15:00] was in the legislature and he supported it when it was in the legislature.
John Kabateck: No, he actually, well, I'd be surprised if I, we should do a little research on that, Brian.
He actually, it wasn't in the legislature, those reforms weren't in the legislature. What he did support and co author was Proposition 47, which is what rose all of, most all Californians up in anger because it backfired and people were getting away with, with a lot of fans. When he was still in the legislature.
Brian, no coincidence, you know, it's just a little bit surprising to me that he didn't take a position given that he was a co author of Prop 47, but
Brian Kabateck: whatever. And, and I think that this whole, the whole stirring up people about crime is, you know, A little over the top. It's a little overboard. Because crime is down.
Sure, crime's down. Yes, and I appreciate it. Someone who's had their car stolen. Someone who's had their business ransacked. Absolutely terrible. Awful, awful, awful. But it isn't the epidemic that your side tries to make
John Kabateck: it out to be. Oh my gosh, this is this, uh, welcome to the world of the D doesn't [00:16:00] stand just for Democrats, it stands for denial.
Denialists. And that's Look at the statistics! Hey, Brian Look at
Brian Kabateck: the statistics!
John Kabateck: Brian, denial ain't just a river in Egypt. Oh my god. That's the Tito's talk. I
Brian Kabateck: mean, we, we know, we know that, that violent crime particularly is down. We know that. Yes, it's a problem. Look, anybody who's the victim of crime, crime is a problem.
Absolutely. 100%. And it needs, there needs to be more reform. But I don't think that haunts him the way you think it haunts him.
John Kabateck: Well, I think he's about, I think he's a viable candidate. Either people bought into scare tactics, which I don't agree with, or 71 percent of Californians felt that this has a real problem with their, whether they're Democrat or Republican, with their aunt, their uncle, their next door neighbor, their colleague.
It's a problem, Brian, that many people.
Brian Kabateck: So you actually don't think You don't think that messaging has an effect on people?
John Kabateck: Oh, absolutely. But do you also, I also think reality has an effect when 71 percent of California is realized and you know, that is [00:17:00] realize,
Brian Kabateck: okay. How about, how about brainwash to some extent, what Fox tells them, you know, when they watch these shows, they hear this kind of stuff.
John Kabateck: Give me a break. You don't have that kind of a win without reality being rooted in everybody's backyard going, wow, this is a problem. We need to fix it.
Brian Kabateck: It's a problem. It's not as big a problem as you make it out to be. I'm
John Kabateck: glad if the, as we see the numbers declining, that is happening. That's great. And I will say to the governor's credit.
He has, you know, he has definitely deployed significant larger budget dollars to about 40 of our counties that have had the problem. So I think there are more law enforcement on the streets. CHP has been deployed in greater numbers. So to Newsom's credit, he is giving, he is dedicated. And I don't,
Brian Kabateck: I don't dispute the fact that this has hurt, this hurt the Democrats in this cycle.
There's no question about that. That, plus defund the police, it hurt them a lot. Absolutely. But I still stand by what I'm saying. Bonta is a viable candidate. [00:18:00] He, if you threw Bonta into the group of currents, I'd probably put him towards the top and he's very noncommittal because I think he is waiting to see how the rest of the field shakes out.
He's got time. Also because he was, I could be wrong about this, but because he was an appointee in 2021, he could run again next year.
John Kabateck: 2020 in 2030. Very true. And I, and, and you know, as history has, history has repeated itself here, Brian, we've seen on the left and the right, the attorney general position be a perfect serve as a perfect platform and training ground and breeding ground for gubernatorial candidates.
Dan Lundgren, George Ian, Kamala Harris, at least at High , Jerry. For higher level. Jerry Brown, absolutely. So, I think you're absolutely right. I, I think that he will be a viable candidate. I think he and, I wouldn't be surprised if he and Villaraigosa really are the ones in the primary that try and steer themselves more towards the common Californian.
How about Javier Becerra? [00:19:00] Interesting. Yeah, you know, I like him. I, you know, I think he's got some good strengths and I, you know, I have not seen, I've not seen a lot of what his activities have been in health and human services, but you know him. What are your thoughts?
Brian Kabateck: Well, he's not an anti vaxxer. So let's start with that.
I mean, look, I like Javier a lot and I worked with him. When he was AG here from 2017 to 2021 in California, the problem with Javier is that he spent most of his career in DC. So how well known is he here in California? You know, that lack, even though he was a, he was a member, I believe he was a member of the state assembly at some point.
He was a member of Congress from 93 to 2017. Then he was a G, then he went, then when Biden got elected, he became U S secretary of health and human services, the whole run, the whole time, the whole four years. So what does that mean? Does he not have a connection to California? I like him a lot, but I think he, I think that may be a real downside for him.
He's, he's got to reconnect with California. [00:20:00] Yeah. Somebody who I think is, is, is a big, no, is Katie Porter. She's been mentioned. I don't think she has a chance. Fiona Mao withdrew, right? She's running for Lieutenant governor. He's running for the Lieutenant Governor.
John Kabateck: And then
Brian Kabateck: you have Leo Zaki running as a Republican, who is the Vice President of Zaki Farms, the people who make chicken.
Which, by the way, I like chicken. Question, important question. If you had to choose between chicken and turkey, what would you choose, John? Well, I don't really give a
John Kabateck: cluck.
Brian Kabateck: Oh my God.
John Kabateck: Come on. Come on, Brian. Oh
Brian Kabateck: my God. Take another shot, John.
John Kabateck: Take another shot.
Brian Kabateck: Yeah. L'chaim. Ganatz.
John Kabateck: I'm gonna actually go with turkey.
I mean, I know we're the night before a beautiful dinner at your house, which your wife, Roxanne, is currently just slaving away right now at, but, uh, turkey it is. Turkey it is, hands down. How about you? I like turkey, but, you know, a good barbecue chicken breast I'll go with every day. Ooh, remember when [00:21:00] you smoked that one turkey at your house years ago and that there were two different turkeys.
One was that one was like almost these Cornish game hens and all of the family from England flocked to the smoked turkey. I know the listeners are caring about this, but it matters. This matters. Yeah, we've
Brian Kabateck: lost everybody at this point, I'm sure.
John Kabateck: You know, hey, let's talk about one other thing, if you don't mind, Brian.
As we're also looking back at the Republican caucus. Our legislature is becoming more diverse. Actually, there were three Democrat held seats that were flipped. This past cycle into Republicans. In fact, one this morning, as I was flying down a Clarissa Cervantes, who's the sister of Sabrina Cervantes in the Inland Empire, lost to Republican Leticia Castillo, she has declared victory and all pollsters are pointing to her win, so we will see that, but.
That's the plan and that's what we understand, but hey, there's, we're seeing some, we're seeing a chipping away here. We're [00:22:00] seeing some folks getting through. What are your thoughts on that? I mean, there were three, three Republicans that, you know, succeeded, you know, we saw Steven Choi beat out Josh Newman.
Brian Kabateck: Yeah. I mean, that's, that's an outlier in my mind. I mean, the unions turned against Josh Newman, which is kind of despicable or it's kind of indicative of a trend. And they may pay the price for that. I'm not sure that you can put Josh Newman in the same category as the others. You also had someone in the Inland Empire, Coachella Valley, where even though the Democrats had apparently a 14 point advantage.
I don't know. Is it the Trump bump? Is that what's doing it? Or is it something deeper?
John Kabateck: I think it's, I think it's the issues. I think people are just finding the issues or, you know, they're drawing them to those who really will prove and show to them that they can, they can be there for them. And that's kind of what my take on it is.
I think Republican, Democrat, Latino, African American, I think people are going to the issues where, do I feel safer? Do I have more certainty economically and safety wise? [00:23:00] And. Which candidate is demonstrating that? So I'm with you. I think there's anomalies out there, but which candidate really has proven it?
Brian Kabateck: I do think the, I do think the democratic party has to take a long, hard look. You know, one thing I was thinking about before we started recording this today was the Democrats didn't lose that badly. I know the Republicans all go around and they're popping their bottles of, I was going to say, Cristal, but judging from some of your supporters there, it's Andre Something like that, that they're popping.
Or if they even know what champagne is, like Miller, isn't that the champagne of beer? But they're really, they're, they're sitting there, you know, chumming it up and thinking, look, they didn't win by that big a margin. And my point is that if the Democrats had really gotten creamed. You know, I mean, there are a couple of senators down, maybe a couple of members of Congress, even though we don't know how that's going to ultimately shake out because Trump keeps appointing members of Congress [00:24:00] or they resign, you know, because of some ethics report.
If they've gotten cream really badly, I think it would have been better for them to go back and retreat and figure out what the F they did wrong. But my concern is they're looking at the situation now and they're going to think to themselves. Business as usual. We need to pick up pieces. Yeah, we're gonna figure out some mistakes we made as opposed to completely revamping, and I think that's somewhat true in California, too.
I think that Californians, the California Democrats need to get away from this, you know, the far left, the woke, the stuff that really pisses people off the elites. They need to look at some of the big issues in this state. I mean, why is gas costing three dollars a gallon in Arizona and over the border, it costs five dollars a gallon.
There's these kinds of issues. They've got to address them. And I don't know how they address them, but they have to address them. Well, I have a few ideas. Affordability, affordability,
John Kabateck: affordability. I mean, I know Brian, we've talked before and I [00:25:00] know progressives like right now, and you and I have talked about this, you also sometimes feel like, like crime is down, the economy's just glowing.
It's not. And I think what we have found, what we found with the minimum wage measure, Prop 32, which again, I will point out and in fairness, Was narrowly defeated, narrowly defeated. But what we found from doing a lot of the focus groups and a lot of the talking to folks and people that were out there was exit polls and otherwise was affordability, Democrat, Republican.
Can they afford to put food on the table and can they, can they afford a 30 cheeseburger or just groceries, or as you said, gas prices. So affordability, there's one area of the Democrats really need to get their arms around in the next cycle. It's talking to people about their pocketbook. And even I would say, even if and as the economy improves under the great Trump administration that we're going to see, Oh God, do we really want to
Brian Kabateck: go there?
But I will agree with you. And you know, I've done this before. I've agreed that the 20 minimum wage was [00:26:00] ridiculous that the people it's going to hurt the most of the people that are making the 20 minimum wage, they're going to end up paying more. I think it's very unfair in California that it is expensive as it is to live here.
Somebody told me the other day about, we were comparing about what it would cost a family of four to go to a Dodger game and get at least decent seats, and it'll be hundreds and hundreds and hundreds of dollars. This is a very expensive city to live in. And it's, you know, LA has become, in my humble opinion, extremely difficult to negotiate as a city.
I mean, it's the traffic's terrible. It's expensive. It's expensive to live. All we're going to do is keep going up and up and up and in the costs. And yeah, they have to do, I don't know how you deal with it though. I don't know what the answer is. I don't know how the legislature deals with it. It's going to
John Kabateck: be difficult.
I, and then you want to
Brian Kabateck: add on top of that. These ridiculous tariffs that Trump is starting to propose on 25 percent tariffs on goods from Canada and [00:27:00] Mexico. How isn't that going to hurt the very people that you're trying
John Kabateck: to court? This is an area where you and I agree. I have, and I have heard from a number of small business owners about their grave concern.
Those who deal with distribution and products and inventory. So you and I aren't going to find a lot of drama on this one, because that's not, you know, between that and Matt Goetz, those are two Trump calls that, that I do have grave concerns about. And fortunately, fortunately, though, gets pulled back, right?
And Pam beyond, I don't know if
Brian Kabateck: you should ever use the words pull back and Mac gets in the same in the same sentence.
John Kabateck: Oh, oh, oh, my goodness. Okay. Yes. Paging the FCC. That's great. I
Brian Kabateck: just think that, you know, look, his administration is going to make mistakes. They all do. That's not gonna be an issue. But this is one that really seems to affect people directly in their pocketbooks.
John Kabateck: No argument, no argument about it. But you know, we'll see. I think that, let me ask [00:28:00] you this, you being the consumer attorney, this Consumer Financial Protection Bureau at the federal level, what are you concerned about moving forward? A lot of people in the business community feel really concerned that there's been a lot of, there is the, there has been a lot of overreach.
I'm not an expert on the consumer side of things, but you know, you have a lot of interaction or knowledge of this board.
Brian Kabateck: Oh, yeah, I know. I know exactly what they are and exactly what you're talking about. They're, the, the problem with the board isn't the board itself. It's that we lack an infrastructure in this state, in this county, in the country, to regulate, to properly go after businesses who lie, cheat, and steal.
And there has to be a solution to it. And as an attorney, one of the solutions has been to weaponize lawyers to go after dishonest businesses. Now it does get out of hand. And unfortunately when it gets out of hand, it's like the old story about throwing the baby out with the bathwater, a consumer protection bureau that was well staffed that could [00:29:00] go after companies out there that lie, cheat and steal.
And I don't just mean. Companies that like cheat and steal with respect to consumers. I'm talking about businesses that are dishonest and that act dishonestly hurting other businesses. If you've got a business, John, if you've got a small business, for example, and they're following all the rules and the business down the street is not compensating its employees.
Is lying and cheating about, you know, not paying taxes or whatever. They're gaining an unfair advantage on the good business who follows the law. And that's wrong. And there should be something done about that. But you know, unless you want government bigger, you've got to come up with other solutions.
John Kabateck: It's true. It's
Brian Kabateck: true.
John Kabateck: Hey, can I, can I turn a complete corner on, on the political stuff with you for a minute, cause I know we're going to wrap up, but I want to ask you a question about your general thought here, do the Menendez brothers walk?
Brian Kabateck: Okay. Very good topic. And thank you for bringing that up.
Because first of all, as full disclosure, my former business [00:30:00] partner and friend, Mark Aragos, not former friend, friend Mark Aragos is one of the lead lawyers in that case. So I have my own personal feelings about this, that, you know, relate to that. Look, the first thing that people have said to me, particularly late people is they constantly say, Oh, they're getting off scot free.
No, they're not. They're, they're not, their convictions are not being vacated. They've also spent 35 years in prison. What they're talking about is resentencing them from life without the possibility of parole to with the possibility of parole so they'd be parole eligible and in a fundamental fairness.
It was precluded, the jury was precluded from hearing any of this evidence about child molestation by the father that the mother turned a blind eye to. And as Mark has said, and I agree with him on this, is if it was, if they were two girls as opposed to two boys, that evidence would have come in. What's wrong with that evidence having been left out of the case and of the trial?
Kind of deprive them of some fundamental issue of fairness. So, [00:31:00] re sentence them, life with the possibility of parole, and let the parole board decide. That seems to me to be the most fair way and the way to go with this. Now, will the new DA in Los Angeles County agree with me? I don't know. Most people don't agree with me, so he may not agree with me.
But, it just seems to me that if that evidence was left out, this is a fair method of dealing with the problem. And how often do you get the sisters of the victims coming forward saying, These boys have been through enough.
John Kabateck: Yeah. I just wonder, Brian. I mean, listen, they were both what 19 and 20. How old were they when they,
Brian Kabateck: I think 18 and 21, but close enough.
John Kabateck: Question that lingers for me. And I just ask you is at that age. And again, we have been, we were fortunate to have awesome parents who would have celebrated their 66th anniversary. This day, we're doing this today.
Brian Kabateck: Yeah.
John Kabateck: Now we had awesome parents and we, so we don't know what it's like to live under that atmosphere.
And, and, and no, but I
Brian Kabateck: know what it's like to live under the same roof as you.
John Kabateck: Well, yeah, that's that's a hell. Thank you very much. [00:32:00] I do appreciate that. Hence the vodka, but I do ask you this At that age, why could they not have walked out gotten an attorney like mark? Why could they not have walked out and certainly or pushed back on their dad?
We can't know we can't relate to see
Brian Kabateck: you're going
John Kabateck: with the
Brian Kabateck: why are they innocent question? No one's saying they're innocent We're just talking about degrees of punishment
John Kabateck: Yeah, they
Brian Kabateck: did what they did. They absolutely, and they admit it. They killed their parents. They did it. The question is, are there mitigating factors?
John Kabateck: Well, I, there's a lot involved in that process. So I get it. I get it. It's tough. It's a hard one to answer. We've never lived in that atmosphere.
Brian Kabateck: So you don't know what it's like. You don't know what it's like. You can't put yourself in their shoes and what we're, no one is suggesting that they be acquitted.
Well, I guess there's a habeas petition pending, you know, to set aside their conviction and retry them. But at this point, how can you even retry them? It was 35 years ago. Witnesses are gone. They're dead. The [00:33:00] evidence is gone, you know. Yeah. Ladies and gentlemen, I'm very sorry that you've had to listen to this episode at least the last 30 seconds, and I apologize in advance for my brother.
I just want to go on the record saying that my brother's statements are solely his own and not representative of either the Cabotox industry or Brian Cabotek or any other member of the Cabotek family. Thank you very much for listening to us today. John, don't say another word. Don't say another word.
John Kabateck: As we wrap this up, I am going to say a few more words.
Brian, maybe name a couple of things that you are thankful for. They can be serious, they can be funny, but you know, we're on the edge of Thanksgiving here. What are some things that you're very grateful for?
Brian Kabateck: I'm just thankful to still be here.
John Kabateck: Yeah,
Brian Kabateck: me too,
John Kabateck: me too. Looking forward to doing this very soon. I think we have some other great guests coming up in our next podcast.
We're going to have some great cabot talks ahead of us, but I think Joe
Brian Kabateck: Biden's going to be on
John Kabateck: Steve Garvey. We've got Steve Garvey who I'd
Brian Kabateck: love to get Steve Garvey on. Did you know, did Steve Garvey get more votes in California than Donald Trump? I [00:34:00] think he did. I think that actually may be the case might be the case.
Yeah. So thank you everybody for listening. This is Brian Kabatek with cabot talks with my younger. Obviously, much more immature brother, John, who's still drinking vodka. Thanks, everybody.