1 00:00:00,760 --> 00:00:03,240 Speaker 1: Tonight, Michael Brown joins me here, the former FEMA director 2 00:00:03,240 --> 00:00:04,560 Speaker 1: of talk show host Michael Brown. 3 00:00:04,640 --> 00:00:07,040 Speaker 2: Brownie, no, Brownie, You're doing a heck of a job 4 00:00:07,200 --> 00:00:11,360 Speaker 2: the Weekend with Michael Brown broadcasting Life from Denver, Colorado. 5 00:00:11,400 --> 00:00:13,280 Speaker 3: You've tuned into the Weekend with Michael Brown. Glad to 6 00:00:13,280 --> 00:00:15,760 Speaker 3: have you with me. Appreciate you tuning in. Rules of 7 00:00:15,800 --> 00:00:17,560 Speaker 3: engagement are pretty easy. If you want to send me 8 00:00:17,600 --> 00:00:19,840 Speaker 3: a text message, text line is always open, whether you're 9 00:00:19,840 --> 00:00:22,960 Speaker 3: listening live to later on the podcast. The text line 10 00:00:23,040 --> 00:00:26,120 Speaker 3: numbers three three one zero three three three one zero three. 11 00:00:26,280 --> 00:00:28,920 Speaker 3: Keyword is Mike or Michael. If you want to follow 12 00:00:28,920 --> 00:00:32,200 Speaker 3: me on ex, Facebook or Instagram, those are all at 13 00:00:32,280 --> 00:00:33,920 Speaker 3: Michael D. Brown at Michael D. 14 00:00:34,040 --> 00:00:38,760 Speaker 4: Brown. The Senate United States Senate. 15 00:00:40,479 --> 00:00:44,519 Speaker 3: Is one of the places where you know, we in 16 00:00:44,560 --> 00:00:48,600 Speaker 3: this country we pride ourselves on protecting the rights of 17 00:00:48,640 --> 00:00:51,960 Speaker 3: the minority. And I'm not necessarily talking I'm not talking 18 00:00:51,960 --> 00:00:55,920 Speaker 3: about racial minorities, or sexual minorities or anything else, just 19 00:00:56,080 --> 00:01:00,040 Speaker 3: in general, we believe that minority rights are something that 20 00:01:00,120 --> 00:01:04,440 Speaker 3: ought to be protected. In other words, majority rule is great, 21 00:01:04,920 --> 00:01:08,160 Speaker 3: but we have procedures by which the minority can express 22 00:01:08,240 --> 00:01:12,400 Speaker 3: themselves and the minority has a right to be heard, 23 00:01:13,040 --> 00:01:18,119 Speaker 3: and the United States Senate is pretty much the epitome 24 00:01:18,160 --> 00:01:22,039 Speaker 3: of that. It's a place where if you are in 25 00:01:22,080 --> 00:01:27,840 Speaker 3: the minority, and you are a determined minority, you can 26 00:01:27,880 --> 00:01:34,560 Speaker 3: halt the advancement of legislation indefinitely. I think that that 27 00:01:34,959 --> 00:01:40,440 Speaker 3: belief gets repeated so often that it's become dogma. It's 28 00:01:40,480 --> 00:01:44,520 Speaker 3: become like a religious tenet. But like many dogmas, it 29 00:01:44,600 --> 00:01:46,959 Speaker 3: kind of dissolves when you look at it closely under 30 00:01:46,959 --> 00:01:51,680 Speaker 3: a microscope. The current debate over the Save Act, which 31 00:01:51,720 --> 00:01:57,080 Speaker 3: would just in a nutshell, require a proof that you 32 00:01:57,120 --> 00:02:00,520 Speaker 3: are a US citizen to vote, I think is a 33 00:02:00,520 --> 00:02:04,360 Speaker 3: great illustration of this dogma that fails under close examination. 34 00:02:06,280 --> 00:02:10,760 Speaker 3: The Senate Majority Leader John Thune has been suggesting He 35 00:02:10,840 --> 00:02:12,840 Speaker 3: originally suggested that, oh, yeah, you know, we're gonna pay, 36 00:02:12,960 --> 00:02:16,600 Speaker 3: We're gonna pay. Uh, we're gonna we're going to pass 37 00:02:16,680 --> 00:02:18,520 Speaker 3: the Save Act. Blah blah blah blah. You'll hear from 38 00:02:18,600 --> 00:02:18,919 Speaker 3: Eve in. 39 00:02:18,880 --> 00:02:19,440 Speaker 4: Just a minute. 40 00:02:21,160 --> 00:02:25,880 Speaker 3: But he keeps telling us that bringing the Save Act 41 00:02:25,960 --> 00:02:28,760 Speaker 3: to the floor of the US Senate for a debate 42 00:02:30,400 --> 00:02:34,560 Speaker 3: would somehow invite this endless Democrat filibuster, and that would 43 00:02:34,560 --> 00:02:39,240 Speaker 3: paralyze the chamber, the Senate chamber. It would consume precious time, 44 00:02:39,560 --> 00:02:41,960 Speaker 3: and it would keep the Senate from doing other things 45 00:02:41,960 --> 00:02:44,520 Speaker 3: that it needs to be doing. Now, if I just 46 00:02:44,560 --> 00:02:46,960 Speaker 3: told you, if I had just said that without any 47 00:02:46,960 --> 00:02:52,000 Speaker 3: intonation or any inflection, if I just said, you know, 48 00:02:52,080 --> 00:02:54,840 Speaker 3: Senator Thune is not going to bring the Save Act 49 00:02:55,280 --> 00:02:59,000 Speaker 3: because if he does, the Democrats will filibuster it, and 50 00:02:59,040 --> 00:03:03,360 Speaker 3: then that's going to prevent the majority in the Senate 51 00:03:03,760 --> 00:03:07,760 Speaker 3: from passing some other much needed to end as important legislation. 52 00:03:08,320 --> 00:03:12,320 Speaker 3: You'd say, Okay, that sells sells pretty prudent. Well, but 53 00:03:12,360 --> 00:03:17,560 Speaker 3: it's not prudent. It's not really true at all, Senator 54 00:03:17,639 --> 00:03:20,760 Speaker 3: Throng this week, more difficulty. 55 00:03:20,440 --> 00:03:20,799 Speaker 2: Of doing it. 56 00:03:21,200 --> 00:03:23,960 Speaker 1: In fact, the figure majority of the dominators right, Well, 57 00:03:24,000 --> 00:03:26,320 Speaker 1: you know, I guess, and I would just remind people 58 00:03:26,400 --> 00:03:28,480 Speaker 1: that the coin and the realm and the Senate is 59 00:03:28,520 --> 00:03:31,520 Speaker 1: floor time. There's a finite amount of it, and we 60 00:03:31,560 --> 00:03:34,519 Speaker 1: have a lot of things we have to do. There's 61 00:03:34,520 --> 00:03:37,200 Speaker 1: a housing bill that's a waiting action, hopefully, a market 62 00:03:37,200 --> 00:03:43,000 Speaker 1: structure bill possibly permitting reform, farm bill, highway bill. You 63 00:03:43,040 --> 00:03:45,040 Speaker 1: can go right down the list. Russia sanctions. There are 64 00:03:45,040 --> 00:03:46,560 Speaker 1: a whole bunch of things that could be tied up 65 00:03:46,560 --> 00:03:49,160 Speaker 1: for action on the floor of the Senate, and so 66 00:03:49,400 --> 00:03:51,520 Speaker 1: you have to make some judgments and the conference will 67 00:03:51,560 --> 00:03:53,560 Speaker 1: have a conversation about that. I've committed to that that 68 00:03:53,600 --> 00:03:58,280 Speaker 1: we will talk about that idea and determine whether or 69 00:03:58,360 --> 00:04:02,160 Speaker 1: not they're what the conferences views are about it, and 70 00:04:02,280 --> 00:04:04,840 Speaker 1: whether how they want to proceed. As I said, we 71 00:04:04,880 --> 00:04:08,720 Speaker 1: will vote on the Save Act. But exercising or triggering 72 00:04:09,040 --> 00:04:14,040 Speaker 1: a talking filibuster has ramifications implications that I think everybody 73 00:04:14,080 --> 00:04:17,839 Speaker 1: needs to be aware of. So we will have those discussions. 74 00:04:17,839 --> 00:04:20,440 Speaker 1: But that obviously ties the floor up for an indefinite 75 00:04:20,440 --> 00:04:25,080 Speaker 1: amount of time with not only unlimited debate, but also 76 00:04:25,320 --> 00:04:26,560 Speaker 1: unlimited amendments. 77 00:04:27,120 --> 00:04:29,240 Speaker 4: All right, rather we had to say that majority of yeah, 78 00:04:29,240 --> 00:04:29,799 Speaker 4: that's enough. 79 00:04:31,200 --> 00:04:35,520 Speaker 3: Okay, that's technically true, But why is there time limited? 80 00:04:37,000 --> 00:04:39,240 Speaker 3: I don't want to bury the lead too much before 81 00:04:39,240 --> 00:04:43,240 Speaker 3: we get into the details. But when you're elected to 82 00:04:43,240 --> 00:04:46,920 Speaker 3: be a United States Senator, you are elected to do 83 00:04:46,960 --> 00:04:51,520 Speaker 3: a job, and that is to attend committee hearings, subcommittee hearings, 84 00:04:52,520 --> 00:04:58,480 Speaker 3: attend debates, participate in conferences and caucuses, and do all 85 00:04:58,520 --> 00:05:00,719 Speaker 3: of that. But if you only work to days a week. 86 00:05:02,040 --> 00:05:04,760 Speaker 3: Then your time is limited because you have chosen to 87 00:05:04,800 --> 00:05:09,240 Speaker 3: limit your time. Some people, there's truly work six days 88 00:05:09,240 --> 00:05:11,560 Speaker 3: a week. Some people work seven days a week. Some 89 00:05:11,600 --> 00:05:14,080 Speaker 3: people work five days a week. Very few people that 90 00:05:14,160 --> 00:05:17,320 Speaker 3: I know that have any sort of life only work 91 00:05:17,400 --> 00:05:21,400 Speaker 3: one or two days a week. But to see why 92 00:05:21,440 --> 00:05:25,600 Speaker 3: this is absurd, it helps to strip away the modern 93 00:05:25,800 --> 00:05:29,360 Speaker 3: habit and look directly at how the Senate really does 94 00:05:29,440 --> 00:05:32,720 Speaker 3: work when they enforce their rules, rather than when they 95 00:05:32,760 --> 00:05:37,800 Speaker 3: ignore their rules. The Constitution contemplates a legislature governed by 96 00:05:38,120 --> 00:05:42,640 Speaker 3: majority rule after debate. So the Senate rules, if you 97 00:05:42,680 --> 00:05:46,880 Speaker 3: apply them properly, preserve that structure. What they don't permit 98 00:05:47,080 --> 00:05:51,200 Speaker 3: is an indefinite veto by a minority absent the consent 99 00:05:51,320 --> 00:05:54,920 Speaker 3: of the majority. Let me repeat that the rules do 100 00:05:55,040 --> 00:06:01,280 Speaker 3: not permit an indefinite veto by a minority be absent 101 00:06:01,360 --> 00:06:03,599 Speaker 3: the consent of the majority. In other words, you're giving 102 00:06:03,640 --> 00:06:06,760 Speaker 3: into them, You are allowing them to control everything, and 103 00:06:06,760 --> 00:06:09,640 Speaker 3: you're the majority, and that's not what minority rights are. 104 00:06:10,800 --> 00:06:15,000 Speaker 3: The talking filibuster, and maybe I should, before I go 105 00:06:15,040 --> 00:06:18,760 Speaker 3: any further, explain what a talking filibuster is. The filibuster 106 00:06:18,920 --> 00:06:22,440 Speaker 3: is a rule in the Senate. Filibuster is a pretty 107 00:06:22,440 --> 00:06:25,599 Speaker 3: easy word to understand. I'm gonna I'm I'm filibustering right 108 00:06:25,640 --> 00:06:27,520 Speaker 3: now because I'm not gonna allow anybody else to speak, 109 00:06:27,640 --> 00:06:29,800 Speaker 3: and I'm gonna speak for the three hours, and I 110 00:06:29,800 --> 00:06:32,039 Speaker 3: don't care who comes into the studio. This is my 111 00:06:32,160 --> 00:06:34,160 Speaker 3: time and I'm gonna take it, and you'll have to 112 00:06:34,240 --> 00:06:36,919 Speaker 3: drag me out of here. Well on the Senate floor, 113 00:06:37,720 --> 00:06:40,920 Speaker 3: if I want to stop or slow down the passage 114 00:06:40,920 --> 00:06:45,880 Speaker 3: of a bill, I can. Under the rules, I can 115 00:06:45,960 --> 00:06:49,920 Speaker 3: stand up, and I can speak for as long as 116 00:06:49,920 --> 00:06:54,320 Speaker 3: I possibly want to, or possibly can at some point, 117 00:06:54,440 --> 00:06:57,200 Speaker 3: depending how much diet coke I've sucked down, I might 118 00:06:57,279 --> 00:06:59,280 Speaker 3: have to go take a whiz. And if I do, 119 00:06:59,400 --> 00:07:03,600 Speaker 3: guess what my portion of the filibuster ends. And they 120 00:07:03,600 --> 00:07:07,120 Speaker 3: can vote on the bill. Now, if I got a 121 00:07:07,120 --> 00:07:09,640 Speaker 3: bunch of senators lined up behind me, and I can 122 00:07:09,680 --> 00:07:13,520 Speaker 3: talk for let's say six hours, and I've got ten 123 00:07:13,600 --> 00:07:17,080 Speaker 3: senators lined up, we can all talk in concurrence. You'll 124 00:07:17,080 --> 00:07:19,360 Speaker 3: one right after the other. We can talk for sixty 125 00:07:19,400 --> 00:07:23,720 Speaker 3: hours straight, so we can talk for more than two days. 126 00:07:23,960 --> 00:07:26,200 Speaker 3: We can talk for slightly listen. If we had enough, 127 00:07:26,280 --> 00:07:28,480 Speaker 3: we could talk for three days straight, and for three 128 00:07:28,560 --> 00:07:31,240 Speaker 3: days straight, the Senate couldn't vote on a bill. That's 129 00:07:31,320 --> 00:07:36,440 Speaker 3: the talking filibuster, and the talking filibuster, when treated as 130 00:07:36,480 --> 00:07:42,320 Speaker 3: a real obligation as opposed to a theatrical threat, indeed, 131 00:07:42,560 --> 00:07:48,440 Speaker 3: is a delaying tactic. But it is not a stopping tactic. 132 00:07:51,840 --> 00:07:55,600 Speaker 3: Begin with the basic structure and the current Senate rules, 133 00:07:55,600 --> 00:08:01,840 Speaker 3: debate on legislation is unlimited. It's unlimited, Senator Thune doesn't 134 00:08:01,840 --> 00:08:05,880 Speaker 3: really tell you that. Under the Senate rules, debate on 135 00:08:05,960 --> 00:08:12,480 Speaker 3: a bill is unlimited unless the Senate vote to invoke cloture. 136 00:08:13,480 --> 00:08:21,480 Speaker 3: Culture requires sixty votes. Now, cloture in terms of filibuster, 137 00:08:22,960 --> 00:08:28,120 Speaker 3: cloture is, in a legislative assembly, a procedure for ending 138 00:08:28,520 --> 00:08:33,400 Speaker 3: debate and taking a vote. In other words, cloture is 139 00:08:33,440 --> 00:08:38,000 Speaker 3: a way to stop debate, which then requires an immediate 140 00:08:38,080 --> 00:08:41,400 Speaker 3: vote on the bill. So it's just a fancy word. 141 00:08:42,440 --> 00:08:46,480 Speaker 3: Culture requires in the Senate rules, a supermajority, not just 142 00:08:46,520 --> 00:08:50,720 Speaker 3: fifty one votes or fifty if it's split evenly, fifty 143 00:08:50,840 --> 00:08:54,320 Speaker 3: plus the vote of the Vice president. It requires a 144 00:08:54,400 --> 00:08:58,280 Speaker 3: sixty vote majority. But cloture is not required for a 145 00:08:58,320 --> 00:09:02,560 Speaker 3: bill to pass. It is merely one mechanism for ending 146 00:09:02,640 --> 00:09:07,920 Speaker 3: debate early because if cloture is not invoked, the debate continues, 147 00:09:08,679 --> 00:09:13,000 Speaker 3: but debate must actually be conducted. Somebody has to take 148 00:09:13,080 --> 00:09:20,280 Speaker 3: the floor and has to speak. Silence ends the debate. Exhaustion, 149 00:09:20,880 --> 00:09:26,439 Speaker 3: having to pee, having to eat, passing out, getting drunk, fainting, 150 00:09:26,520 --> 00:09:32,720 Speaker 3: whatever it is, ends debate. Here's the key. Though the 151 00:09:32,720 --> 00:09:36,400 Speaker 3: Senate does not grind to a halt by rule, It 152 00:09:36,480 --> 00:09:40,240 Speaker 3: grinds only if the majority chooses to let it grind. 153 00:09:41,080 --> 00:09:45,480 Speaker 3: Because in the modern Senate, the illusion of this indefinite 154 00:09:45,480 --> 00:09:50,120 Speaker 3: filibuster is sustained by a set of informal practices. Now 155 00:09:51,320 --> 00:09:55,480 Speaker 3: people usually invoke cloture, they file cloture before the real 156 00:09:55,520 --> 00:09:59,560 Speaker 3: debate begins. I'll explain what that really means, because once again, 157 00:10:00,000 --> 00:10:03,240 Speaker 3: and this is fakery in the legislative process. I'll be 158 00:10:03,320 --> 00:10:12,040 Speaker 3: right back. Hey, welcome back to the Weekend with Michael Brown. 159 00:10:12,080 --> 00:10:13,920 Speaker 3: Glad to have you with me. I appreciate you tuning in. 160 00:10:14,480 --> 00:10:17,040 Speaker 3: Text lines always open three three one zero three three 161 00:10:17,120 --> 00:10:19,960 Speaker 3: three one zero three. Keyword Micha or Michael. Follow me 162 00:10:20,000 --> 00:10:23,959 Speaker 3: on social media Facebook, Instagram, X They're all at Michael D. 163 00:10:24,080 --> 00:10:24,360 Speaker 4: Brown. 164 00:10:25,800 --> 00:10:28,679 Speaker 3: So let's go back to the Senate and this illusion 165 00:10:29,280 --> 00:10:36,880 Speaker 3: of the indefinite filibuster, because before this modern incarnation of 166 00:10:36,920 --> 00:10:41,000 Speaker 3: the filibuster, senators actually had to stand up and talk. 167 00:10:41,760 --> 00:10:46,840 Speaker 3: That's why Soon refers to a talking filibuster. Today, like 168 00:10:46,920 --> 00:10:51,160 Speaker 3: everything else that seems to be fake, the filibusters are fake. 169 00:10:52,440 --> 00:10:56,160 Speaker 3: A senator just notifies the clerk of the Senate that 170 00:10:56,600 --> 00:11:01,960 Speaker 3: or the presiding officer, that I'm filibustering this bill, and 171 00:11:02,040 --> 00:11:04,360 Speaker 3: that's all they have to do. They can go back 172 00:11:04,360 --> 00:11:07,680 Speaker 3: to their office, take a nap, go have lunch, go 173 00:11:07,800 --> 00:11:11,560 Speaker 3: on a date, take a vacation, whatever they want. But 174 00:11:12,200 --> 00:11:17,319 Speaker 3: until the Senate gets sixty votes, they can't debate that 175 00:11:17,559 --> 00:11:24,200 Speaker 3: bill because a senator is technically in air quotes filibustering 176 00:11:24,280 --> 00:11:28,479 Speaker 3: the bill. But that's not what the original rule required. 177 00:11:29,000 --> 00:11:34,960 Speaker 3: It required actual debate. So it is the illusion of 178 00:11:35,000 --> 00:11:40,240 Speaker 3: an indefinite filibuster, and that illusion gets set in stone 179 00:11:40,320 --> 00:11:44,480 Speaker 3: by a set of informal practices. As I said, leaders 180 00:11:44,600 --> 00:11:48,560 Speaker 3: usually file for cloture before the real debate even begins, 181 00:11:49,880 --> 00:11:55,200 Speaker 3: so unanimous consent agreements limit speech. Legislative days are routinely 182 00:11:55,240 --> 00:11:59,280 Speaker 3: allowed to lapse, Quorum calls are used as naps rather 183 00:11:59,320 --> 00:12:04,360 Speaker 3: than tools. Those practices create the impression that the minority 184 00:12:04,400 --> 00:12:07,880 Speaker 3: can just go talk forever. In reality, they do so 185 00:12:08,120 --> 00:12:11,359 Speaker 3: only because the majority acquiesces and allows. 186 00:12:10,960 --> 00:12:14,079 Speaker 4: It to happen. Now, let's think about something for a moment. 187 00:12:14,720 --> 00:12:17,760 Speaker 3: What if the Save Act, which I think is absolutely 188 00:12:17,840 --> 00:12:20,920 Speaker 3: a great piece of legislation, a few things about it 189 00:12:20,960 --> 00:12:24,760 Speaker 3: I don't like. But I think requiring proof of citizenship 190 00:12:24,840 --> 00:12:28,680 Speaker 3: to vote in an election, if I have to show 191 00:12:28,720 --> 00:12:36,000 Speaker 3: an ID to show who I am to even fire 192 00:12:36,040 --> 00:12:38,240 Speaker 3: you know, this was a great example. I hadn't thought 193 00:12:38,240 --> 00:12:40,720 Speaker 3: of until somebody reminded me of it. So I file 194 00:12:40,800 --> 00:12:43,360 Speaker 3: my taxes online. I use a third party file my 195 00:12:43,440 --> 00:12:49,040 Speaker 3: taxes online. I have to provide an ID to do that. 196 00:12:49,600 --> 00:12:54,600 Speaker 3: To file my taxes. If you go by liquor and 197 00:12:54,640 --> 00:12:57,080 Speaker 3: you look like you're underage, you have to show an 198 00:12:57,120 --> 00:12:59,760 Speaker 3: ID if you you know, I never get carted. But 199 00:12:59,840 --> 00:13:02,080 Speaker 3: if if I go into a restaurant in order a you know, 200 00:13:02,120 --> 00:13:05,280 Speaker 3: a cocktail or a glass of wine or something, I 201 00:13:05,280 --> 00:13:07,520 Speaker 3: would be honored to be asked to show an ID. 202 00:13:07,720 --> 00:13:09,520 Speaker 3: Really you think I'm looking look back? Young? 203 00:13:09,559 --> 00:13:12,040 Speaker 4: You must be blind. Speedtheart must be blind. 204 00:13:13,080 --> 00:13:15,240 Speaker 3: We show ID for everything to prove who we are. 205 00:13:16,280 --> 00:13:20,160 Speaker 3: But when it comes to something as fundamental ast voting, 206 00:13:21,320 --> 00:13:23,800 Speaker 3: Democrats are saying no, no, no, we wouldn't show an 207 00:13:23,800 --> 00:13:29,120 Speaker 3: ID and we didn't want to require ID because Democrats 208 00:13:29,120 --> 00:13:34,680 Speaker 3: have decided that minorities Blacks, Hispanics, Asians, or gays or 209 00:13:34,720 --> 00:13:37,320 Speaker 3: transgenders or whatever minority you want to choose, are too 210 00:13:37,320 --> 00:13:41,520 Speaker 3: stupid or incompetent to get an ID. Really, that's pretty 211 00:13:41,559 --> 00:13:42,120 Speaker 3: racist to me. 212 00:13:43,800 --> 00:13:44,120 Speaker 2: So what. 213 00:13:46,920 --> 00:13:49,000 Speaker 3: Let's think about to say that from them. Let's say 214 00:13:49,000 --> 00:13:51,560 Speaker 3: it's brought to the Senate floor and there is no 215 00:13:51,640 --> 00:13:54,480 Speaker 3: cloture in motion already filed. There's there's not already a 216 00:13:54,480 --> 00:14:00,680 Speaker 3: motion filed to end debate. Democrats can announce a talking filibuster. Now, 217 00:14:00,720 --> 00:14:04,880 Speaker 3: what happens next is not governed not by myth but 218 00:14:05,000 --> 00:14:08,960 Speaker 3: by arithmetic and biology. In order to delay the vote 219 00:14:09,040 --> 00:14:12,679 Speaker 3: on the bill, the Democrat senators have to continuously talk. 220 00:14:13,040 --> 00:14:15,800 Speaker 3: You can't sit, you can't leave the chamber because the 221 00:14:15,880 --> 00:14:19,120 Speaker 3: minute you do that yields the floor and that gives 222 00:14:19,160 --> 00:14:20,560 Speaker 3: way to a debate. 223 00:14:20,280 --> 00:14:21,600 Speaker 4: On the bill. 224 00:14:21,720 --> 00:14:26,760 Speaker 3: You can't sleep in any meaningful way. Rule nineteen limits 225 00:14:26,840 --> 00:14:32,840 Speaker 3: each senator to two speeches per legislative day. Now that 226 00:14:32,920 --> 00:14:36,640 Speaker 3: can you know and GERMANEENUS disputes can be raisy. You're 227 00:14:36,680 --> 00:14:39,480 Speaker 3: not talking a many things, Germaine, So the presiding officer 228 00:14:39,560 --> 00:14:44,960 Speaker 3: has discretion. Those constraints matter a little at first, but 229 00:14:45,040 --> 00:14:51,120 Speaker 3: they matter enormously after the exhaustion sets in. You gotta pee, 230 00:14:51,440 --> 00:14:54,360 Speaker 3: you gotta eat. You can't keep your eyes open, you 231 00:14:54,400 --> 00:14:56,640 Speaker 3: can't think about anything else to say about the bill. 232 00:14:57,800 --> 00:15:04,600 Speaker 3: You're now talking gibberish. Among scholars of the United States 233 00:15:04,680 --> 00:15:11,000 Speaker 3: Senate and the historians, the parliamentary historians, there's a very 234 00:15:11,040 --> 00:15:13,920 Speaker 3: strong consensus on how long such an effort can last 235 00:15:14,680 --> 00:15:18,680 Speaker 3: without cloture. But with a continuous legislative day, a determined 236 00:15:18,760 --> 00:15:24,320 Speaker 3: minority could realistics, realistically sustain debates somewhere between twenty four 237 00:15:24,320 --> 00:15:28,920 Speaker 3: and seventy two hours. That range appears repeatedly in every 238 00:15:28,960 --> 00:15:34,280 Speaker 3: academic analysis, in the memoirs of former parliamentarians, and in 239 00:15:34,480 --> 00:15:39,640 Speaker 3: actual oral interviews with former leaders from both parties. So 240 00:15:39,720 --> 00:15:44,040 Speaker 3: beyond that window of history, collapse becomes likely. Unless the 241 00:15:44,080 --> 00:15:48,920 Speaker 3: majority blinks for political reasons, the minority would collapse. But 242 00:15:48,960 --> 00:15:52,320 Speaker 3: the majority keeps blinking because they don't really want to 243 00:15:52,400 --> 00:15:55,640 Speaker 3: vote on the bill themselves, so they shift the blame 244 00:15:55,720 --> 00:15:58,920 Speaker 3: to an unwitting what they believe is a dumb group 245 00:15:59,000 --> 00:16:01,320 Speaker 3: of American voters. Which is why I'm explaining this to you, 246 00:16:01,400 --> 00:16:03,680 Speaker 3: because I don't think you're dumb, and if you don't 247 00:16:03,680 --> 00:16:04,920 Speaker 3: get it, I want you to get it. 248 00:16:08,400 --> 00:16:10,160 Speaker 4: Beyond that window. 249 00:16:10,360 --> 00:16:15,560 Speaker 3: Let's say twenty four to seventy two hours, collapse becomes 250 00:16:15,800 --> 00:16:20,360 Speaker 3: likely because every senator has exhausted their amount of time. 251 00:16:21,560 --> 00:16:27,080 Speaker 3: They've given up, they're tired. You can't keep going, and 252 00:16:27,120 --> 00:16:30,800 Speaker 3: then you vote on the bill. But the majority, the 253 00:16:30,840 --> 00:16:33,560 Speaker 3: Republicans in this case, not the Democrats, because in this 254 00:16:33,640 --> 00:16:37,960 Speaker 3: case the Senate is controlled by the Republicans. They're blinking 255 00:16:38,480 --> 00:16:41,760 Speaker 3: and allowing this to happen for pure political reasons. 256 00:16:41,800 --> 00:16:42,880 Speaker 4: They don't want. 257 00:16:42,680 --> 00:16:45,000 Speaker 3: To vote on the Say Act no matter how many 258 00:16:45,040 --> 00:16:47,720 Speaker 3: times they get they go on national television, or they 259 00:16:47,760 --> 00:16:50,480 Speaker 3: go on and there may be some but whenever they 260 00:16:50,520 --> 00:16:53,960 Speaker 3: go on Fox News or John Thuns talks about how 261 00:16:54,000 --> 00:16:56,080 Speaker 3: he really wants to debate it, he really wants to 262 00:16:56,080 --> 00:16:57,720 Speaker 3: debate it and vote on it. But we have all 263 00:16:57,760 --> 00:17:01,200 Speaker 3: the will we limited amount of time, full of bull craft. 264 00:17:02,360 --> 00:17:04,960 Speaker 3: So why a ceiling? Why is there a ceiling of say, 265 00:17:05,000 --> 00:17:08,720 Speaker 3: twenty four to seventy two hours. Well, the first constraint 266 00:17:08,760 --> 00:17:12,919 Speaker 3: is physical. Speaking continuously is far more taxing than you 267 00:17:12,920 --> 00:17:19,560 Speaker 3: can imagine. Cognitive degradation begins well before total physical collapse. 268 00:17:20,680 --> 00:17:27,919 Speaker 3: Even an exceptional speaker deteriorates quickly. Huey Long, operating alone 269 00:17:28,200 --> 00:17:32,639 Speaker 3: and with extraordinary rhetorical stamina, he was able to do 270 00:17:32,640 --> 00:17:38,240 Speaker 3: it for about fifteen hours. The outlier, former Senator strom Thurman, 271 00:17:38,800 --> 00:17:43,880 Speaker 3: philibusterer for twenty four hours straight. No modern senate has 272 00:17:43,960 --> 00:17:49,920 Speaker 3: replicated that under hostile floor management, now rotation might help, 273 00:17:50,000 --> 00:17:51,200 Speaker 3: and I'll explain why next. 274 00:17:51,200 --> 00:18:00,640 Speaker 4: I'll be right back to night. 275 00:18:00,640 --> 00:18:02,919 Speaker 1: Michael Brown joins me here, the former FEMA director of 276 00:18:02,920 --> 00:18:04,119 Speaker 1: talk show host Michael Brown. 277 00:18:04,200 --> 00:18:06,640 Speaker 2: Brownie, no, Brownie, You're doing a heck of a job 278 00:18:06,800 --> 00:18:08,920 Speaker 2: the Weekend with Michael Brown. 279 00:18:09,359 --> 00:18:11,080 Speaker 3: Welcome back to the Weekend with Michael Brown. Glad to 280 00:18:11,080 --> 00:18:13,960 Speaker 3: have you with me. I appreciate you listening. We're talking 281 00:18:14,000 --> 00:18:18,400 Speaker 3: about the Save Act, but we're talking about the procedures 282 00:18:18,960 --> 00:18:23,919 Speaker 3: that you're being told prevents it from being passed. One 283 00:18:23,960 --> 00:18:25,800 Speaker 3: of the things I try to do on this program 284 00:18:26,480 --> 00:18:29,960 Speaker 3: is to give you a little insight into how it 285 00:18:30,000 --> 00:18:35,640 Speaker 3: really does work and what they're telling you isn't always Oh, 286 00:18:35,680 --> 00:18:39,920 Speaker 3: it may be truthful, but it's almost as if they're 287 00:18:40,240 --> 00:18:45,680 Speaker 3: lying by omission. Let's go back to Senator Thune, who 288 00:18:45,680 --> 00:18:48,879 Speaker 3: this week said that, yes, we want to pass the 289 00:18:48,960 --> 00:18:51,720 Speaker 3: Save Act, but we have to be careful about these 290 00:18:51,760 --> 00:18:56,880 Speaker 3: talking filipbusters because we have so much work to do. 291 00:18:57,480 --> 00:19:00,520 Speaker 3: We've got so many things to take care of. And 292 00:19:00,600 --> 00:19:03,520 Speaker 3: if we if we bring this to the floor and 293 00:19:03,560 --> 00:19:07,240 Speaker 3: they have a talking filipbuster, oh we're never gonna get 294 00:19:07,280 --> 00:19:12,000 Speaker 3: anything done. Now I'm broadcasting live on a Saturday. I 295 00:19:12,040 --> 00:19:16,440 Speaker 3: haven't checked the Senate calendar this week, but they probably worked, oh, 296 00:19:16,520 --> 00:19:18,800 Speaker 3: I don't know, maybe Tuesday Wednesday and went home Thursday. 297 00:19:19,760 --> 00:19:20,960 Speaker 3: Maybe they stayed till Friday. 298 00:19:21,000 --> 00:19:24,760 Speaker 4: I don't know. But these are. 299 00:19:26,840 --> 00:19:32,439 Speaker 3: The relatively speaking, compared to the jobs that you and 300 00:19:32,520 --> 00:19:36,800 Speaker 3: I have. The workload that you and I carry, whether 301 00:19:36,840 --> 00:19:41,439 Speaker 3: you're a blue collar or white collar, their workload is 302 00:19:41,480 --> 00:19:44,560 Speaker 3: a joke. I know, they've got lots of bills, they 303 00:19:44,560 --> 00:19:46,359 Speaker 3: have lots of committee hearings, they have lots of things 304 00:19:46,359 --> 00:19:49,840 Speaker 3: to do. But when you decide that, hey, we're gonna 305 00:19:49,880 --> 00:19:54,000 Speaker 3: go back home on you know, Thursday afternoon, and then 306 00:19:54,000 --> 00:19:57,880 Speaker 3: we're not gonna call the role until either Monday evening, 307 00:19:58,400 --> 00:19:59,760 Speaker 3: so you don't have to really fly back to DC 308 00:19:59,840 --> 00:20:04,320 Speaker 3: and sometime Monday or even Tuesday morning or Tuesday at noon, 309 00:20:05,520 --> 00:20:09,920 Speaker 3: so your day, your work week gets kind of compacted 310 00:20:10,000 --> 00:20:13,520 Speaker 3: down to a couple of days. Don't tell me how 311 00:20:13,560 --> 00:20:16,480 Speaker 3: busy you are. You get paid to one hundred and 312 00:20:16,520 --> 00:20:19,600 Speaker 3: seventy four thousand dollars a year plus all the benefits. 313 00:20:20,240 --> 00:20:22,600 Speaker 3: You have a staff out the wall Zoo, you have 314 00:20:22,640 --> 00:20:24,720 Speaker 3: a staff in DC, you got a staff back in 315 00:20:24,760 --> 00:20:31,920 Speaker 3: your state, You have staffs everywhere. You are pathetic, I 316 00:20:31,960 --> 00:20:35,400 Speaker 3: really believe. And I'm talking about even senators and congressmen 317 00:20:35,400 --> 00:20:39,560 Speaker 3: that I know personally, and I like, you guys are pathetic. Well, 318 00:20:39,600 --> 00:20:42,960 Speaker 3: everybody else out here is busting their butts, trying to 319 00:20:43,040 --> 00:20:45,280 Speaker 3: make a living, trying to take care of their household, 320 00:20:45,320 --> 00:20:48,280 Speaker 3: take care of their families, trying to do everything. You 321 00:20:48,440 --> 00:20:52,679 Speaker 3: pompous asses ripe about having to work two or three 322 00:20:52,760 --> 00:20:53,240 Speaker 3: days a week. 323 00:20:53,320 --> 00:20:54,720 Speaker 4: Oh, we just don't have time. 324 00:20:56,840 --> 00:21:02,280 Speaker 3: And when here's a piece of legislation that among Democrats 325 00:21:03,200 --> 00:21:06,440 Speaker 3: is supported well over fifty percent, like somewhere between sixty 326 00:21:06,440 --> 00:21:09,160 Speaker 3: and seventy percent. Republicans support it, you know, well over 327 00:21:09,200 --> 00:21:14,960 Speaker 3: eighty or ninety percent, And even blacks, even black minorities, 328 00:21:15,680 --> 00:21:18,199 Speaker 3: where Schumer keeps telling us, oh, the same act is 329 00:21:18,240 --> 00:21:20,240 Speaker 3: just Jim Crow two point zero. Then why do seventy 330 00:21:20,240 --> 00:21:23,920 Speaker 3: one percent of Black support passage of the bill. They 331 00:21:23,960 --> 00:21:26,399 Speaker 3: don't want to do it, and they don't want to 332 00:21:26,440 --> 00:21:30,639 Speaker 3: do it because it's an essence admitting that, oh, we 333 00:21:30,720 --> 00:21:34,920 Speaker 3: might have some fraud in the elections, and we'll we'll 334 00:21:35,000 --> 00:21:37,720 Speaker 3: let the Democrats play their games, and we'll play our games, 335 00:21:37,760 --> 00:21:40,000 Speaker 3: and we'll go on Fox News and we'll talk about 336 00:21:40,040 --> 00:21:42,080 Speaker 3: how we owe you. We really wanted to do this, 337 00:21:42,240 --> 00:21:44,200 Speaker 3: but you know we can't because if we do, then 338 00:21:44,200 --> 00:21:46,720 Speaker 3: Democrats are going to filibuster. And I'm here just to 339 00:21:46,760 --> 00:21:48,400 Speaker 3: cut through all that bull crap and tell you what's 340 00:21:48,400 --> 00:21:53,040 Speaker 3: really going on. So when John Thune says more. 341 00:21:53,040 --> 00:21:58,639 Speaker 1: Difficulties, right, well, you know, I guess, And I would 342 00:21:58,800 --> 00:22:01,280 Speaker 1: just remind people that the coin of the realm and 343 00:22:01,320 --> 00:22:03,879 Speaker 1: the Senate is floor times. There's a finite amount of it, 344 00:22:04,400 --> 00:22:06,000 Speaker 1: and we have a lot of things. 345 00:22:05,800 --> 00:22:06,480 Speaker 4: We have to do. 346 00:22:06,920 --> 00:22:10,919 Speaker 3: Oh doesn't your heartbreak. I think have a lot of 347 00:22:10,960 --> 00:22:11,520 Speaker 3: things to do. 348 00:22:12,560 --> 00:22:15,159 Speaker 1: There's a housing bill that's a waiting action, hopefully a 349 00:22:15,160 --> 00:22:17,680 Speaker 1: market structure bill possibly permitting reform. 350 00:22:18,200 --> 00:22:21,520 Speaker 3: Oh so there is a housing bill, and there's potentially 351 00:22:21,560 --> 00:22:25,119 Speaker 3: and possibly this in this so not really just you know, 352 00:22:25,160 --> 00:22:26,440 Speaker 3: you got to listen to what they really. 353 00:22:26,280 --> 00:22:31,159 Speaker 1: Say, farm bill, highway bill, you can go right down 354 00:22:31,200 --> 00:22:33,119 Speaker 1: the list, Russia sanctions. There are a whole bunch of 355 00:22:33,119 --> 00:22:34,720 Speaker 1: things that could be teed up for action on the 356 00:22:34,720 --> 00:22:37,720 Speaker 1: floor of the Senate, and so you have to make 357 00:22:37,760 --> 00:22:40,199 Speaker 1: some judgments and the conference will have a conversation about that. 358 00:22:40,240 --> 00:22:42,080 Speaker 1: I've committed to that that we will talk about. 359 00:22:42,280 --> 00:22:47,320 Speaker 3: Oh, I've committed, and that's all people will hear. I've 360 00:22:47,320 --> 00:22:50,080 Speaker 3: committed to talk about this in the Republican Caucus. Well, 361 00:22:50,080 --> 00:22:54,639 Speaker 3: whoop pooped to do? You're the leader, and I understand that 362 00:22:54,720 --> 00:22:57,359 Speaker 3: a good leader listens to his troops. So go listen 363 00:22:57,400 --> 00:23:00,320 Speaker 3: to your troops and then tell the troops, Hey, I'm 364 00:23:00,359 --> 00:23:02,879 Speaker 3: the leader. This is what we need to do. The 365 00:23:03,000 --> 00:23:07,680 Speaker 3: people want this done, so we're going to go do it. Okay, Now, 366 00:23:07,720 --> 00:23:09,560 Speaker 3: if you want to fight me on the floor, fight 367 00:23:09,600 --> 00:23:11,240 Speaker 3: me on the floor. But I think this is the 368 00:23:11,320 --> 00:23:13,080 Speaker 3: right thing to do. The problem is he doesn't think 369 00:23:13,119 --> 00:23:13,959 Speaker 3: it's the right thing to do. 370 00:23:14,640 --> 00:23:20,200 Speaker 1: That idea and determine whether or not they're what the 371 00:23:20,240 --> 00:23:22,640 Speaker 1: conference's views are about it, and whether how they want 372 00:23:22,680 --> 00:23:25,080 Speaker 1: to proceed. As I said, we will vote on the 373 00:23:25,080 --> 00:23:27,359 Speaker 1: Save Act, but acts. 374 00:23:27,600 --> 00:23:30,040 Speaker 3: We will vote on the Save Act. Maybe not in 375 00:23:30,080 --> 00:23:33,640 Speaker 3: your lifetime, sweetheart, but we'll vote on sometime. I don't 376 00:23:33,640 --> 00:23:36,800 Speaker 3: want to listen to him anywhy I It makes me sick. 377 00:23:38,320 --> 00:23:40,720 Speaker 3: So let's go back to what the studies show us, 378 00:23:42,000 --> 00:23:47,879 Speaker 3: the historians, the parliamentarians, even real world examples. Huey Long 379 00:23:49,080 --> 00:23:53,040 Speaker 3: once famously said, there's always something. Huey Long, operating alone, 380 00:23:53,119 --> 00:23:58,760 Speaker 3: had extraordinary stamina. He lasted fifteen hours. Center Strom Thermon 381 00:24:00,320 --> 00:24:04,320 Speaker 3: he went twenty four hours. That's an outlier. It's all 382 00:24:04,359 --> 00:24:08,320 Speaker 3: dependent on careful preparation and circumstances that frankly don't exist 383 00:24:08,359 --> 00:24:12,560 Speaker 3: any longer. No modern senate has replicated what hughing Long 384 00:24:12,640 --> 00:24:16,840 Speaker 3: or Strong Therman have done under hostile floor management. Now 385 00:24:17,359 --> 00:24:21,359 Speaker 3: doing a rotation would help, but only briefly. By rotation, 386 00:24:21,480 --> 00:24:23,879 Speaker 3: I mean you have senators lined up so you can 387 00:24:23,920 --> 00:24:28,480 Speaker 3: continuously speak and go for seventy two hours. To sustain 388 00:24:28,560 --> 00:24:32,720 Speaker 3: a seventy two hour talking filibuster, democrats need dozens of 389 00:24:32,760 --> 00:24:38,479 Speaker 3: senators willing to speak, discipline handoffs with no gaps. You 390 00:24:38,520 --> 00:24:41,960 Speaker 3: have to physically be present in Washington all times, ready 391 00:24:42,000 --> 00:24:46,080 Speaker 3: to stand up and start talking. Constant readiness through nights 392 00:24:46,080 --> 00:24:52,159 Speaker 3: and weekends. Oh, that's not just difficult, it's historically unprecedented 393 00:24:52,200 --> 00:24:57,159 Speaker 3: outside moments of an existential crisis. Modern caucuses are not 394 00:24:57,280 --> 00:25:01,200 Speaker 3: built for this level of coordination. Senators do indeed, I admit, 395 00:25:01,240 --> 00:25:04,879 Speaker 3: they've got committees, they got media obligations, they have human limits. 396 00:25:05,480 --> 00:25:11,360 Speaker 3: The bench empties faster than any modeling could assume that 397 00:25:11,400 --> 00:25:17,000 Speaker 3: you could sustain a talking filibuster, and then Rule nineteen 398 00:25:18,080 --> 00:25:22,880 Speaker 3: Titans device even further. Every center is limited to two 399 00:25:22,920 --> 00:25:27,520 Speaker 3: speeches per legislative day. What's a legislative day? Oh, you 400 00:25:27,560 --> 00:25:31,159 Speaker 3: think it's like from noon to noon the next day. No, 401 00:25:31,240 --> 00:25:34,399 Speaker 3: a legislative day is whatever they determine it to be. 402 00:25:34,960 --> 00:25:38,880 Speaker 3: You can keep a legislative day open in definitely so 403 00:25:38,920 --> 00:25:42,760 Speaker 3: that there's never a reset so as the speakers get tired, 404 00:25:43,359 --> 00:25:47,480 Speaker 3: as the germaneness of what they're talking about. As those 405 00:25:47,560 --> 00:25:51,920 Speaker 3: challenges become more effective, the presiding officers, if they're instructed 406 00:25:51,960 --> 00:25:55,800 Speaker 3: to do so, can enforce decorm very strictly. So what 407 00:25:55,960 --> 00:26:00,800 Speaker 3: was once unused authority becomes decisive, becomes very decisive once 408 00:26:00,920 --> 00:26:06,520 Speaker 3: the fatigue that they experience erodes their performances, and quorum 409 00:26:06,600 --> 00:26:11,600 Speaker 3: calls in where someone stands up and asks the presiding 410 00:26:11,640 --> 00:26:15,200 Speaker 3: officer that you challenge a quorum? Are there enough people 411 00:26:15,240 --> 00:26:20,239 Speaker 3: here that won't rescue the minority. It'll pause debate, but 412 00:26:20,320 --> 00:26:23,800 Speaker 3: it does not eliminate the obligation to resume speaking, and 413 00:26:23,880 --> 00:26:28,040 Speaker 3: the majority can always force attendance. Time burns on, but 414 00:26:28,119 --> 00:26:31,800 Speaker 3: the runway does not lengthen. Every serious academic treatment of 415 00:26:31,840 --> 00:26:35,840 Speaker 3: the subjectgrees on this point. Quorum calls will slow the clock, 416 00:26:36,240 --> 00:26:38,919 Speaker 3: it does not stop the clock, and so the result 417 00:26:38,960 --> 00:26:42,760 Speaker 3: becomes very clear. A determined minority can delay a vote 418 00:26:42,760 --> 00:26:43,440 Speaker 3: on the Save. 419 00:26:43,280 --> 00:26:44,959 Speaker 4: Act for a few days. 420 00:26:46,080 --> 00:26:50,080 Speaker 3: It can't stop the vote unless the majority, like John 421 00:26:50,119 --> 00:26:54,400 Speaker 3: Thune is doing, chooses to let it stop the vote. 422 00:26:54,480 --> 00:26:59,760 Speaker 3: The talking filibuster becomes a mythical speed bump, it's not 423 00:26:59,800 --> 00:27:03,960 Speaker 3: a brick wall, and the modern reputation rests entirely on 424 00:27:04,000 --> 00:27:07,960 Speaker 3: the fact that recent majorities have declined to press the issue. 425 00:27:08,800 --> 00:27:12,040 Speaker 3: So this brings us back to this controversy. If John 426 00:27:12,080 --> 00:27:14,520 Speaker 3: Thune really wanted to be and have a vote on 427 00:27:14,520 --> 00:27:16,800 Speaker 3: the Save Act, there could be a vote within the week. 428 00:27:17,480 --> 00:27:20,119 Speaker 3: Democrats could posture all they want to. They could exhaust 429 00:27:20,200 --> 00:27:22,399 Speaker 3: themselves yelling and screaming and running to the media and 430 00:27:22,400 --> 00:27:24,560 Speaker 3: talking and talking about Jim Crow and all of this thing. 431 00:27:24,680 --> 00:27:28,879 Speaker 3: But they cannot sustain an indefinite blockade under the rules 432 00:27:28,880 --> 00:27:32,000 Speaker 3: as they are written and historically understood. The claim that 433 00:27:32,040 --> 00:27:36,200 Speaker 3: the bill must be shelved to avoid this paralysis is false. 434 00:27:39,119 --> 00:27:43,800 Speaker 3: Don't you then wonder to yourself, why the hesitation? What 435 00:27:44,160 --> 00:27:49,240 Speaker 3: is it about the Save Act that has them coming 436 00:27:49,240 --> 00:27:52,680 Speaker 3: out and talking, say to Fox News and working themselves 437 00:27:52,720 --> 00:27:56,959 Speaker 3: into a pretzel, trying to explain to a bunch of 438 00:27:57,240 --> 00:28:01,040 Speaker 3: dubious voters that don't truly understand these parts elementary procedures. 439 00:28:02,000 --> 00:28:06,240 Speaker 3: What's the real fear? What's really going on here? Why 440 00:28:06,359 --> 00:28:17,480 Speaker 3: the hesitation hang tight? That's next. Welcome back to the 441 00:28:17,520 --> 00:28:19,200 Speaker 3: Weekend with Michael Brown. Glad to have you with me 442 00:28:20,240 --> 00:28:24,639 Speaker 3: talking about the Save Act and these machinations that the 443 00:28:24,680 --> 00:28:28,240 Speaker 3: Republicans are going through trying to avoid a debate, trying 444 00:28:28,240 --> 00:28:32,879 Speaker 3: to avoid a vote. What's the real hesitation here? What's 445 00:28:33,040 --> 00:28:38,280 Speaker 3: really going on? I think the most plausible explanation is 446 00:28:38,320 --> 00:28:43,520 Speaker 3: not a fear of the procedure. It's the math. I 447 00:28:43,560 --> 00:28:49,320 Speaker 3: think it's evident that Senator Thune may not have the 448 00:28:49,360 --> 00:28:52,600 Speaker 3: fifty one votes of all of the Republicans in his 449 00:28:52,680 --> 00:28:57,760 Speaker 3: own caucus. I'll give you an example, John Cornyn, senior 450 00:28:57,800 --> 00:29:02,680 Speaker 3: Senator from Texas. He opposes the bill, and not coincidentally, 451 00:29:02,680 --> 00:29:07,160 Speaker 3: their major campaign contributors oppose the bill too. They are 452 00:29:07,200 --> 00:29:12,160 Speaker 3: beholden to interests that benefit from the status quo. I've 453 00:29:12,160 --> 00:29:15,760 Speaker 3: read some reports that as many as eight Republican Senators 454 00:29:16,080 --> 00:29:19,480 Speaker 3: are prepared to vote against the Save Act if forced 455 00:29:19,520 --> 00:29:26,640 Speaker 3: to do so openly. Now that raises the eternal question, 456 00:29:27,400 --> 00:29:31,160 Speaker 3: is a senator there to vote their own interest? Are 457 00:29:31,160 --> 00:29:36,280 Speaker 3: they there to represent us and to represent the national interest? 458 00:29:39,200 --> 00:29:43,760 Speaker 3: I think anytime seventy eighty ninety percent of the American 459 00:29:43,800 --> 00:29:48,080 Speaker 3: people are behind something, don't accept it at face value. 460 00:29:48,480 --> 00:29:50,720 Speaker 3: But perhaps you want to look into why do the 461 00:29:50,760 --> 00:29:54,840 Speaker 3: majority of Americans support something and why do you oppose it? 462 00:29:56,880 --> 00:30:00,520 Speaker 3: Americans aren't always right, but neither are you s senators. 463 00:30:02,280 --> 00:30:05,080 Speaker 3: So all of that creates a real incentive to avoid 464 00:30:05,120 --> 00:30:08,600 Speaker 3: the actual debate, because if you voted for cloture, you 465 00:30:09,160 --> 00:30:16,160 Speaker 3: if you voted to end debate, that offers an elegant Escapelicans. 466 00:30:16,480 --> 00:30:21,240 Speaker 3: Republicans could vote yes on ending debate knowing that it 467 00:30:21,280 --> 00:30:26,000 Speaker 3: will fail when Democrats vote no, so the debate would 468 00:30:26,120 --> 00:30:29,440 Speaker 3: the filibuster would always continue, So that means the same 469 00:30:29,480 --> 00:30:32,800 Speaker 3: act would just die quietly, and no Senator Republican or 470 00:30:32,800 --> 00:30:34,800 Speaker 3: Democrat would ever have to take a vote on the 471 00:30:34,840 --> 00:30:38,400 Speaker 3: act itself if they would just be taking procedural votes. 472 00:30:39,400 --> 00:30:42,040 Speaker 3: And then everybody can issue a press release claiming that 473 00:30:42,080 --> 00:30:45,200 Speaker 3: they supported the bill. They just couldn't get the debate stopped, 474 00:30:45,360 --> 00:30:51,480 Speaker 3: they just couldn't vote cloture. That way, no Senator Republican 475 00:30:51,560 --> 00:30:56,160 Speaker 3: or Democrat is ever forced to reveal their true position 476 00:30:56,800 --> 00:31:01,200 Speaker 3: on the bill. The debate never happened, and accountability just 477 00:31:01,880 --> 00:31:09,560 Speaker 3: evaporates like a morning fog. That's performative politics. Votes are 478 00:31:09,600 --> 00:31:13,120 Speaker 3: cast on motions. I want to vote, cast on the law. 479 00:31:13,360 --> 00:31:15,520 Speaker 3: I want to vote on the legislation, not on the 480 00:31:15,560 --> 00:31:16,200 Speaker 3: stupid motion. 481 00:31:16,520 --> 00:31:16,680 Speaker 4: Now. 482 00:31:16,680 --> 00:31:18,360 Speaker 3: I know we need votes on the motion to get 483 00:31:18,360 --> 00:31:21,720 Speaker 3: to a vote on the law, but that's what I want. 484 00:31:22,280 --> 00:31:23,400 Speaker 4: And when all you do. 485 00:31:23,400 --> 00:31:28,080 Speaker 3: Is focus on the procedure, responsibility gets diffused and then 486 00:31:28,200 --> 00:31:31,720 Speaker 3: you get misled into thinking that there was a real 487 00:31:31,840 --> 00:31:35,640 Speaker 3: effort made with what they were doing was actually avoiding 488 00:31:35,680 --> 00:31:41,520 Speaker 3: the effort. It becomes a procedural myth of the indefinite filibuster, 489 00:31:42,000 --> 00:31:46,280 Speaker 3: and that becomes the cover story, that becomes their cover 490 00:31:47,040 --> 00:31:49,800 Speaker 3: and so people like John Cornyn, there are plenty of others, 491 00:31:49,800 --> 00:31:51,640 Speaker 3: but he just comes to mind because he's in a 492 00:31:52,080 --> 00:31:58,120 Speaker 3: tight race down in Texas right now, and I think, 493 00:31:58,200 --> 00:32:03,280 Speaker 3: what without going down too much of a rabbit hole. 494 00:32:04,960 --> 00:32:06,640 Speaker 3: And I don't want anybody to take offense to this. 495 00:32:09,040 --> 00:32:12,080 Speaker 3: You may not have understood this, and what's really good, 496 00:32:12,080 --> 00:32:14,480 Speaker 3: you probably knew in your gut. There's just something fishy 497 00:32:14,480 --> 00:32:18,320 Speaker 3: about this. And I don't expect every American to understand 498 00:32:18,560 --> 00:32:21,080 Speaker 3: all the arcane rules of the United States Senate or 499 00:32:21,160 --> 00:32:25,280 Speaker 3: the House, or all the rules of parliamentary procedure. But 500 00:32:25,320 --> 00:32:29,240 Speaker 3: what I do want Americans to understand is that when 501 00:32:29,400 --> 00:32:32,320 Speaker 3: all you focus on is the procedure and you don't 502 00:32:32,320 --> 00:32:36,840 Speaker 3: focus on this substance, there's something fishy going on. The 503 00:32:37,000 --> 00:32:41,680 Speaker 3: problem is we have too many people of what it 504 00:32:41,720 --> 00:32:44,240 Speaker 3: doesn't mean a difference to me, whatever generation, whatever age, 505 00:32:44,960 --> 00:32:49,440 Speaker 3: that are never taught how our government works, and so 506 00:32:49,640 --> 00:32:53,440 Speaker 3: they become as much as a useful idiot as a 507 00:32:53,480 --> 00:32:57,640 Speaker 3: Marxist or Communist in that regard. Because a John Thune 508 00:32:57,680 --> 00:33:00,000 Speaker 3: is able to go on of all places, Fox Knews 509 00:33:00,680 --> 00:33:03,680 Speaker 3: and Fox News will report that, oh, John Thune is 510 00:33:03,720 --> 00:33:05,440 Speaker 3: for this bill, but he can do it because of 511 00:33:05,440 --> 00:33:08,240 Speaker 3: a filibuster, and they've got so many other things to consider. 512 00:33:08,400 --> 00:33:12,200 Speaker 3: Fox News will dutifully report exactly the same crap that 513 00:33:12,320 --> 00:33:16,320 Speaker 3: they that they want you to hear. And if you 514 00:33:16,400 --> 00:33:19,560 Speaker 3: think Fox News is willing to provide cover, what do 515 00:33:19,600 --> 00:33:24,720 Speaker 3: you think MSNBC or CNN or the networks are doing. 516 00:33:25,320 --> 00:33:31,920 Speaker 3: Of course, they're just stenographers for the Democrats. So to 517 00:33:31,960 --> 00:33:38,520 Speaker 3: a certain extent, I blame American citizens. And it's American 518 00:33:38,560 --> 00:33:43,520 Speaker 3: citizens because they're never taught civics, they're never taught government 519 00:33:43,680 --> 00:33:47,000 Speaker 3: and how it works. They don't know the rules of procedure. 520 00:33:47,720 --> 00:33:52,760 Speaker 3: They just blithely assume consume what is fed to them 521 00:33:53,080 --> 00:33:56,400 Speaker 3: by that stupid television setting up sitting up there, and 522 00:33:56,440 --> 00:33:58,719 Speaker 3: they just assume that, oh, yeah, you know, John Thune's 523 00:33:58,760 --> 00:34:00,800 Speaker 3: good guy, he's really trying to do this. He just 524 00:34:00,840 --> 00:34:03,280 Speaker 3: can't do it. And the Democrats are out there screaming 525 00:34:03,320 --> 00:34:06,080 Speaker 3: about Jim Crow two point zero, and you know they 526 00:34:06,080 --> 00:34:09,840 Speaker 3: can't this filibuster. They're just gonna keep talking and talking 527 00:34:09,920 --> 00:34:12,080 Speaker 3: and they'll never get anything else done. And you just 528 00:34:12,120 --> 00:34:19,439 Speaker 3: buy a hook line and sinker performative politics. We really 529 00:34:19,480 --> 00:34:25,080 Speaker 3: are a dumbnation in that regard votes get cast on motions. 530 00:34:25,640 --> 00:34:28,680 Speaker 3: I want to vote cast on the law because I 531 00:34:28,719 --> 00:34:30,280 Speaker 3: want to see some responsibility. 532 00:34:30,960 --> 00:34:31,520 Speaker 4: I want to know. 533 00:34:31,840 --> 00:34:33,799 Speaker 3: Forget the Democrats, they're not going to vote for this, 534 00:34:33,880 --> 00:34:36,360 Speaker 3: They'll just write them off. But when it comes to 535 00:34:36,400 --> 00:34:41,000 Speaker 3: the Republicans, I want accountability. I want to see a 536 00:34:41,080 --> 00:34:44,799 Speaker 3: yes or no vote. I want to know whether or 537 00:34:44,800 --> 00:34:50,880 Speaker 3: not you support this legislation. They avoid that responsibility. John 538 00:34:50,960 --> 00:34:52,799 Speaker 3: Cornyn can run. I don't know whether he's doing this 539 00:34:52,920 --> 00:34:55,520 Speaker 3: or not, but John Cornyn could run down to Texas. 540 00:34:55,719 --> 00:34:58,239 Speaker 3: He can have town halls in Houston or Dallas. He 541 00:34:58,280 --> 00:35:00,359 Speaker 3: can have them in the Amarillo or wherever he wants 542 00:35:00,360 --> 00:35:02,160 Speaker 3: to go. He can have them in Round Rock, and 543 00:35:02,200 --> 00:35:04,319 Speaker 3: he can talk about how much you know, Oh, the 544 00:35:04,320 --> 00:35:07,239 Speaker 3: Democrats are preventing us from doing this because of the filibuster, and. 545 00:35:07,640 --> 00:35:08,839 Speaker 4: People just lap it up. 546 00:35:11,000 --> 00:35:12,640 Speaker 3: Maybe there'd be one person in the back of the 547 00:35:12,719 --> 00:35:14,880 Speaker 3: room they would say, you know, I heard on the 548 00:35:14,960 --> 00:35:20,080 Speaker 3: radio somebody explained how the filibuster works. If it came 549 00:35:20,120 --> 00:35:22,960 Speaker 3: to a floor vote, Senator Cornet, how would you vote? 550 00:35:23,840 --> 00:35:27,319 Speaker 3: Would you vote yes or no? Forget the procedure. I 551 00:35:27,400 --> 00:35:30,080 Speaker 3: want to know how you would vote on the legislation. 552 00:35:32,040 --> 00:35:36,920 Speaker 3: Be curious what he would say. That the remedy is simple, 553 00:35:37,719 --> 00:35:40,880 Speaker 3: and the remedy happens to be lawful. Just bring the 554 00:35:40,960 --> 00:35:45,040 Speaker 3: Act to the floor, keep the legislative day open, enforce 555 00:35:45,120 --> 00:35:48,239 Speaker 3: the rules. Allow Democrats to talk until they can't talk 556 00:35:48,239 --> 00:35:52,719 Speaker 3: any longer, and then hold a vote. Let every senator 557 00:35:53,719 --> 00:35:57,800 Speaker 3: show their card. Majority rule does not require rule changes. 558 00:35:58,360 --> 00:36:04,800 Speaker 3: Majority rule Act requires governing and being honest with your voters. 559 00:36:05,640 --> 00:36:08,439 Speaker 3: Every Republican vote for that matter. Democrats should too, should 560 00:36:08,440 --> 00:36:11,960 Speaker 3: demand this outcome. Call their senator, demand that the Save 561 00:36:12,000 --> 00:36:14,280 Speaker 3: Act be brought to the floor for a real debate. 562 00:36:15,160 --> 00:36:18,279 Speaker 3: Insists that the minority be allowed to delay because they 563 00:36:18,320 --> 00:36:21,400 Speaker 3: have a right to do so, and then they'll have 564 00:36:21,480 --> 00:36:27,560 Speaker 3: to yield. Insist that the majority actually governed, and if 565 00:36:27,600 --> 00:36:30,520 Speaker 3: the bill fails, let it fail honestly. If it passes, 566 00:36:30,600 --> 00:36:34,120 Speaker 3: let it pass honestly. Either way, the Senate will have 567 00:36:34,400 --> 00:36:39,200 Speaker 3: done what the Constitution says they should do. The real 568 00:36:39,320 --> 00:36:42,480 Speaker 3: danger is not in these delaying tactics. It is in 569 00:36:42,520 --> 00:36:46,439 Speaker 3: the evasion of even dealing with the bill. And that's 570 00:36:46,480 --> 00:36:50,279 Speaker 3: what they're doing. Your honor, I arrest my case, I'll 571 00:36:50,280 --> 00:36:50,919 Speaker 3: be right back