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Part Of The Problem

The State of the War

07 May 2026

Transcription

Chapter 1: What is the main topic discussed in this episode?

6.595 - 27.962 Dave Smith

What's up, everybody? What's up? Welcome to a brand new episode of Part of the Problem. I am Dave Smith. He is Robbie the Fire Bernstein. And we are on our way out tomorrow. Tomorrow morning, we're headed out to Phoenix, Arizona, doing shows there all weekend. One show tomorrow night and then two shows Friday, two shows Saturday. So really looking forward to this.

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28.887 - 40.564 Robbie Bernstein

Yep. And I got a lot of porches coming up. Here's the next few Bridgeport, Connecticut, Astoria, New York, old Sabre, Connecticut, doing a show in Washington, DC, bird at New York, Detroit, trying to line up a Pittsburgh or Cleveland. Hit me up.

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40.604 - 48.516 Robbie Bernstein

If you got those porches, finalist dates at Rob Bernstein, commie.com excited to be back on the road, crisscrossing the country and playing people's lawns.

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48.496 - 78.028 Dave Smith

There you go. There you go. It's always a little bit better in porch season than it is out of porch season. All right. So let's get into the latest with this war, which we've been focusing on, of course, for weeks now. So, Rob, it's over. The war is over. This is we have with the Donald Trump administration, the propaganda for this war has long since reached your fucking with me level.

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78.208 - 88.324 Dave Smith

You know what I mean? Like, it's just like you're just fucking with me. Right. Like none of this. I mean, so Donald Trump announced the end of the war. Now, clearly, Rob, this will be he.

88.304 - 119.006 Dave Smith

uh donald trump will get credit for ending a war but of course for legal reasons we can't refer to it as a war uh so it's not a war but don donald trump gets credit for ending it i'm sure um so donald trump try to catch up here rob so 24 hours ago we were talking about uh operation freedom which Donald Trump launched in the Persian Gulf, an escalation of sorts on the blockade of the blockade.

119.046 - 135.853 Dave Smith

It didn't work. I think they got two ships through and then two more got shot at and turned away. And then he just called the whole thing off. He just ended it. It was one day. I think it was it was less than it was like 30 hours of Operation Freedom. Go ahead.

136.454 - 152.061 Robbie Bernstein

I think you're missing a step of declaring victory of the straits are now open because we've created this security corridor or some sort of blanket above everyone going through. So there was a full day of we didn't need to negotiate with Iran because we figured out the straight problem.

152.176 - 172.885 Dave Smith

yes that's that's right that's right we figured it out it was a complete success and therefore we're calling it off right away um and uh so so anyway donald trump uh took to truth social there was also a big axios piece uh that just came out and then there was a new york post piece that kind of contradicted it um

Chapter 2: What recent developments are discussed regarding the conflict with Iran?

246.119 - 269.369 Robbie Bernstein

It does sound like there's one big change, which is that America is finally willing to agree to Iranian enrichment. And so it sounds like we're are, in fact, going back to the JCPOA of I think it's three point four percent. And now that's looking like it might extend as far as 15 years. So essentially, it sounds like the Iranians actually got a concession from America.

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269.409 - 289.028 Robbie Bernstein

The big variables on the table now are whether or not, I guess, Iran's going to actually control the Hormuz. And then we've got another really big variable, which is Iran will not do this unless Israel stops taking action in Lebanon, which really brings us to the same exact point of, are we willing to break up with Israel, who's going, wait, what do you mean you're working out a deal?

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289.088 - 294.874 Robbie Bernstein

We were getting ready for more targeted strikes in Iran, and we were looking to gear up. So... Well, look...

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Chapter 3: How did Donald Trump announce the end of the war?

294.854 - 320.052 Dave Smith

As far as what you're saying about even Iran being willing to negotiate to go back down to JCPOA levels, this is totally unconfirmed. And like Iran has essentially said and again, keep in mind, these are all indirect negotiations that are happening right now. OK, so it's not the Iranians are not talking to the Americans. The Iranians are talking to Pakistan. Pakistan's talking to the Americans.

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320.032 - 337.457 Dave Smith

Iran has essentially been saying, which is what they've been saying for a while, that they're willing to do a nuclear agreement as they've always been willing to do. Like they're willing to entertain the idea of some type of JCPOA type deal, which they were not the ones. They were the ones who agreed to it and they were not the ones who tore it up.

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338.999 - 357.203 Dave Smith

Or I guess you could claim they tore it up after the 12 day war because they were still in it with Russia and the Europeans. But it was America, obviously, and Donald Trump who did that. they've been saying they'll be willing to negotiate that after we figure out a ceasefire to this war, after we figure out negotiating like an end to this.

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357.543 - 380.736 Dave Smith

So it's like it's not clear at all what could be gained in those future negotiations. But as of right now, Donald Trump is just floating out that they've made some other promises. Like this is what the tweet is saying, right, is that assuming Iran agrees to give what has been agreed to. Now, this is obviously incredibly vague.

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380.776 - 400.545 Dave Smith

Donald Trump, it's it's crazy in the middle of a war for him to not even lay out what the war goals are. Every war goal he's laid out so far has not been achieved. But he's saying they're going to give the Iranian government is coming out and saying we're not making major concessions like that. Now, to be clear, I'm pointing out that's a big U.S. concession, though.

400.525 - 419.958 Dave Smith

oh yes no question if look there's there's no way this isn't ending with major major concessions i want to be clear almost to get ahead of this though i am as ridiculous as this whole war has been this is not such a bad day. Like I am cautiously optimistic, heavy, heavy, heavy on the cautious here.

420.239 - 442.969 Dave Smith

But Donald Trump is signaling that essentially right now, that like, he's not gonna admit it, but yeah, we're making a lot of concessions here. Rod, the whole thing is concessions. The whole thing is concessions. The starting point of this was that it's a regime change war and that he demanded unconditional total surrender. So like, once you start from there,

442.949 - 469.024 Dave Smith

whatever potential deal he's trying to work out now is a gigantic concession from there but also yes it it does not seem that any of the war goals are going to be uh uh created now one of the things that's interesting here okay sorry go ahead yeah it just it kind of sounds to me like Donald Trump won the war um and now he's losing the mini war and having to grant too many concessions but the actual war was already won just uh right just to keep the story clear here and it never was

469.004 - 493.763 Dave Smith

war just in case anyone's interested it also wasn't a war but it's been a war for 47 years there's a lot of moving pieces here okay you gotta but so to be clear so yesterday this is after we stopped recording now both of these things happened yesterday donald trump uh just to be clear so donald trump uh launches this operation freedom uh in the in the persian gulf

Chapter 4: What is Operation Freedom and what were its outcomes?

622.244 - 636.91 Dave Smith

We're not there yet. So we have Iran is setting up a new authority to be in control of the Strait of Hormuz. We have not gotten their enriched uranium. The regime has not fallen. The people have not taken over their government. They have not stopped supporting Hezbollah.

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636.93 - 665.668 Dave Smith

In fact, as you pointed out, a guarantee of non-aggression for Hezbollah is on the table here, according to all parties, including Trump. And so. What can you say about this, Rob? I mean, how the hell do you spin this? Literally the only spin that I've seen coming from people defending this is that like, well, it's not a forever war. See, Donald Trump's getting out of it.

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666.009 - 686.627 Dave Smith

And you're like, look, that much isn't even clear yet. But, okay. That's not how you judge. You don't just judge things based off other catastrophes. And if it's not quite as long or bad, then it's good. This whole thing has been, in many ways, the dumbest of all the terror wars.

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688.261 - 713.273 Robbie Bernstein

Well, I guess the question now is going to be for everyone who supported this war and thought that Israel was our number one partner. Are they going to actually be OK with Donald Trump applying pressure on Israel to have to show restraint in combating its neighbors, combating Lebanon, combating Iran and to tell them, hey, the Iranians aren't that bad. I worked out a deal with them. Knock it off.

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714.164 - 726.925 Robbie Bernstein

and the people that were really into this war if it turns out not to be an endless war and not a regime change war are they can actually support donald trump's actions when it includes having to tell israel to knock it off

727.242 - 746.466 Dave Smith

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746.446 - 768.155 Dave Smith

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768.535 - 784.372 Dave Smith

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784.653 - 801.872 Dave Smith

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Chapter 5: What did Marco Rubio and Pete Hegseth say about the situation in Iran?

926.115 - 944.762 Dave Smith

All the same people who thought Beto O'Rourke had all the charisma in the world, that Michael Avenatti had the it factor. You remember when they used to celebrate both in 2020 and in 2024? But you remember in 2020, or I guess this would be in 2019, at the very beginning of the primary season, you remember the media was like adoring Kamala Harris?

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945.063 - 952.172 Dave Smith

And they were like, she's just got this magnetism and this charisma. She's got the it factor. And then like...

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952.152 - 973.626 Dave Smith

just the american people saw her and every was like no one no one supports her like it was like we're we're dividing up between bernie elizabeth warren joe biden amy klobuchar nobody wants this maybe some people wanted pete budaj no one wanted kamala anyway they just lie and then of course in 24 she's right She's got the Obama-like energy, remember they tried to say for a few weeks there.

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974.007 - 982.767 Dave Smith

Anyway, now they're saying that Marco Rubio did great. Let's take a look at some of Marco Rubio's press conference from today.

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982.848 - 1005.784 Pete Hegseth

actor that enables Iran sanctions evasion is going to face secondary sanctions exposure and a loss of access to the U.S. financial system. As President Trump has said, and the facts clearly bear out, the United States of America holds all the cards. There is no scenario here in which if they decide to join a ladder of escalation, they wind up getting the last say. But our preference

Chapter 6: What are the implications of Trump's tweet regarding Iran?

1005.764 - 1024.881 Pete Hegseth

is for these straits to be opened to the way they're supposed to be opened back to the way it was. Anyone can use it. No mines in the water. Nobody paying tolls. That's what we have to get back to. And that's the goal here. Every day the conflict continues. However, our leverage on Iran will continue to increase and their position will continue to weaken, especially as the blockade really begins.

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1026.222 - 1050.81 Dave Smith

Dude, if you this is a pretty good rule of thumb in life, Rob, if you ever do anything, you ever do something, And then after you do that thing, you go, okay, the goal here is to get back to exactly what the state of things were before I did that thing. Then that was a bad idea. This is foolproof, dude.

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1051.25 - 1071.343 Dave Smith

This applies to any situation where you say the goal here is to get back to what we had before we launched this war. So as he announces in his own words, says Epic Fury is over. As he announces the end of the war, there is now only one war goal, which is to get back to where we were before we had this war.

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1072.319 - 1077.645 Robbie Bernstein

And it sounds like every dude who's ever gone into a casino and he's chasing getting back back to you back to break even.

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1078.226 - 1097.888 Dave Smith

Yeah. Yeah. Literally. Right. The goal is just to get back to where I was when I walked into this casino. Um, or at least in that, in that example, maybe you had some fun, you know, I mean, I'm maybe Pete Hegseth had some fun in this one too, but you know, a lot of people died while he was having fun. Um, yeah, I,

1098.425 - 1112.4 Dave Smith

It's just too wild to even imagine that you could be up there saying the goal now is just that, is just the Strait of Hormuz, really something else. Let's go to this next Marco Rubio clip.

1112.971 - 1132.937 Unknown

On the war, if the fighting were to resume, because you've said that Operation Epicurean is over. The President also said that the U.S. would bomb them off the face of the earth if they tried to go after U.S. ships. So if the fighting resumes, are you saying that it would resume under Project Freedom? And I ask as it relates to the War Powers Act.

1132.917 - 1147.455 Pete Hegseth

The operation at Big Fury is concluded. We achieved the objectives of that operation. I'm not going to, you know, we're not cheering for an additional situation to occur. We would prefer the path of peace. What the president would prefer is a deal.

1147.495 - 1162.674 Pete Hegseth

He would prefer to sit down, work out a memorandum of understanding for future negotiations that touches on all the key topics that have to be addressed, a full opening of the straits so the world can get back to normal. And he prefers that be negotiated through the route that Steve and Jared have been working and that all of us have been supporting. That's the route he prefers.

Chapter 7: How are the U.S. and Israel's goals regarding Iran aligned or opposed?

1437.392 - 1437.953 Dave Smith

Yes.

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1437.933 - 1456.11 Robbie Bernstein

donald trump seems to be acknowledging though that the war pres powers resolution does have an impact and he's not violating it because he's not currently in a war because the war that he was engaged in is over which would sound like that if you went back to war you would actually need to have a war powers resolution that approved it

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1456.09 - 1470.305 Robbie Bernstein

which is now why they're walking the line of, and I guess they're going to pull some weasel move of, well, it's a new war. So a new count, there's a new clock and maybe every 60 days they'll pull that move or they take one day off from strikes and go, no, that was the end of that war. And now we're in a new war.

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1470.926 - 1483.92 Robbie Bernstein

I mean, I wouldn't put that kind of lunacy past Donald Trump, but whatever's going on here, this is a cartoonish way of trying to get around the War Power Resolutions Act, which is also just ridiculous. It shouldn't exist.

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1483.9 - 1503.782 Dave Smith

So the War Powers Act is debatably unconstitutional. In fact, Murray Rothbard wrote a lot about this when it was first passed, I believe, in the 70s. And yeah, because essentially, right, the Constitution is very clear that you need a declaration from Congress. Only Congress can declare war.

1503.762 - 1531.643 Dave Smith

And so now the president does have authority to thwart an invasion, to deal with an imminent attack without authorization from Congress. But that's it. And so the idea that it was ever constitutional to say you can just launch wars of aggression and wars of choice like that the president has the authority to do that, it clearly is not granted that authority in the Constitution.

1531.623 - 1554.354 Dave Smith

But what they're trying to claim here is that the War Powers Act itself is unconstitutional. Now, look, they're saying it's unconstitutional because the president has the right to do this, and he's pointing out that it's consensus amongst all the presidents that they have the right to start wars without a declaration from Congress. And, like, that is true, but that doesn't matter.

1554.394 - 1570.054 Dave Smith

It's just an indictment of all of the presidents. Now, for Marco Rubio to sit here and say that the War Powers Act is unconstitutional... Okay, well, even if you feel that way, here's the thing. The goddamn executive branch doesn't get to determine that.

1570.635 - 1590.624 Dave Smith

If Congress writes a law and it's unconstitutional, if your beef is with unconstitutionality, well, then that is the Supreme Court's job to overturn that and to say that that's overstepped. There's the president simply does not have the right to say that a law that's been passed and signed into law by a president just isn't the law anymore.

Chapter 8: What challenges does the U.S. face in negotiating with Iran?

1733.705 - 1761.868 Dave Smith

I can't remember which part I saw earlier and which part we played already on the show. But anyway, it's just an absolutely ridiculous argument. I mean, they are really... I don't know that I've ever quite seen anything like this war. In fact, I'll say I've never seen anything like this war where the, you know, even with previous, like, you know, I don't know, with the terror wars,

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1762.928 - 1788.328 Dave Smith

In Syria, they had a story that Assad was slaughtering his own people. In Libya, they said he was about to go genocidal, and that's why we had to take him out. This war is just like every piece of propaganda has just fallen flat on its face. I've just never seen anything like this. Again, whatever you say about the Joe Biden war propaganda in Ukraine...

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1788.95 - 1814.693 Dave Smith

Or the Israeli war propaganda in Gaza or the whatever, Iraq, Afghanistan, any of those. It wasn't like, yo, you are completely contradicting the thing you said yesterday. You weren't like, you know, they at least like when George W. Bush. was saying like when he was bragging about the elections in Iraq, at least he could point to the elections in Iraq.

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1815.053 - 1835.663 Dave Smith

They were holding elections, you know, like it wasn't this. It wasn't like you've achieved none of the war aims and created this new problem and you haven't solved the new problem and you're going, this was an unbelievable success, dude. This was crazy. It's just, it's wild. All right, let's go to the next Marco Rubio clip, which plays well into what you were just saying, Rob.

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1836.419 - 1852 Pete Hegseth

This president under President Trump, the United States will help our friends. We're going to stand up to rogue regimes like the one in Tehran. And we're going to be unashamed to use our power and our abilities to project military power in the service of our national interest above all else.

1852.921 - 1869.552 Pete Hegseth

Now, what's really important for you to report and for everyone to understand is this is not an offensive operation. This is a defensive operation. And what that means is very simple. There's no shooting unless we're shot at first. Okay, we're not attacking them, but if they are attacking us, so they're attacking a ship, you need to respond to that.

1870.093 - 1886.693 Pete Hegseth

You're not gonna let some fast boat come up on a ship and shoot it up. We're gonna respond to it, and we've been successful at it. I don't know what the exact number is, but I know a number of those fast boats have now been targeted and will continue to be if they pose a threat to our forces. We'll shoot down drones, we'll shoot down missiles, but it's defensive in nature. This is defensive.

1886.673 - 1896.708 Pete Hegseth

So if you hear stories about attacks and launching of firing back and forth, it's not back and forth. We are only responding if attacked first. This is a defensive operation. And that's what's occurring here.

1900.072 - 1910.908 Dave Smith

There you go, Rob. I guess if you just say it enough, then it's got to be true, right? This is a defense. Every time there's a shootout, it's aggression on their part. We're just there defensively.

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