1 00:00:00,720 --> 00:00:02,880 Speaker 1: The night Michael Brown joins me here, the former FEMA 2 00:00:02,880 --> 00:00:06,120 Speaker 1: director talk show host Michael Brown. Brownie, no, Brownie, You're 3 00:00:06,120 --> 00:00:08,559 Speaker 1: doing a heck of a job the Weekend with Michael 4 00:00:08,600 --> 00:00:12,039 Speaker 1: Brown broadcasting Life from Denver, Colorado. You've tuned into the 5 00:00:12,039 --> 00:00:13,960 Speaker 1: Weekend with Michael Brown. Glad to have you joining the 6 00:00:14,000 --> 00:00:16,640 Speaker 1: program today. A few rules of engagement. If you want 7 00:00:16,680 --> 00:00:19,079 Speaker 1: to engage with the program, tell me anything, ask me anything. 8 00:00:19,160 --> 00:00:22,600 Speaker 1: It's real easy to do. The text line is always open. 9 00:00:23,000 --> 00:00:25,480 Speaker 1: The number is three three one zero three, three three 10 00:00:25,520 --> 00:00:28,960 Speaker 1: one zero three. The keyword is Mike or Michael. You 11 00:00:28,960 --> 00:00:32,720 Speaker 1: want to follow me on social media, that's whether it's X, 12 00:00:32,840 --> 00:00:37,360 Speaker 1: Facebook or Instagram. They're all at Michael D. Brown, Michael D. Brown, 13 00:00:37,680 --> 00:00:41,040 Speaker 1: So go follow me on X or Instagram, Facebook, whatever. 14 00:00:42,640 --> 00:00:45,600 Speaker 1: In a conversation I had with a friend a few 15 00:00:45,680 --> 00:00:48,559 Speaker 1: days ago, I don't know how it came up, but 16 00:00:48,640 --> 00:00:53,240 Speaker 1: they were asking about the confirmation process that I went 17 00:00:53,360 --> 00:00:58,880 Speaker 1: through when I became the Deputy director of FEMA and 18 00:00:58,920 --> 00:01:01,920 Speaker 1: then the director a FEMA and then the Undersecretary of 19 00:01:01,920 --> 00:01:04,720 Speaker 1: Home Land Security. I first started out as the General 20 00:01:04,720 --> 00:01:07,959 Speaker 1: Council and I want to want to emphasize that for 21 00:01:08,000 --> 00:01:10,600 Speaker 1: a couple of reasons. One, the General Council is a 22 00:01:10,640 --> 00:01:14,120 Speaker 1: white House appointment, so that does not require a Senate confirmation. 23 00:01:14,959 --> 00:01:16,720 Speaker 1: But to be the deputy director of the Director or 24 00:01:16,760 --> 00:01:21,480 Speaker 1: the Undersecretary requires not just a white House appointment, it's 25 00:01:21,480 --> 00:01:25,720 Speaker 1: actually a white House nomination. There's a difference. General counsel 26 00:01:26,040 --> 00:01:30,839 Speaker 1: that's an appointment doesn't require Senate confirmation. The others require 27 00:01:31,120 --> 00:01:37,560 Speaker 1: Senate confirmation. So the President will nominated me. And so 28 00:01:37,720 --> 00:01:41,800 Speaker 1: in the nomination process you go through an extensive well, 29 00:01:41,880 --> 00:01:44,080 Speaker 1: you go through a rectal examination. That's the only way 30 00:01:44,080 --> 00:01:50,160 Speaker 1: to put it. And it's thorough. It goes back to 31 00:01:51,000 --> 00:01:53,240 Speaker 1: either the age of eighteen or sixteen. I forget which 32 00:01:53,240 --> 00:01:55,400 Speaker 1: it is. For some reason, I think it's actually went 33 00:01:55,440 --> 00:01:58,360 Speaker 1: back to sixteen. On some of the FBI stuff, the 34 00:01:58,440 --> 00:02:02,480 Speaker 1: FBI does a full field background investigation, meaning that once 35 00:02:02,560 --> 00:02:05,640 Speaker 1: you have completed all the paperwork, that's just the start. 36 00:02:07,160 --> 00:02:10,399 Speaker 1: You finish all the paperwork, and then he gets distributed. 37 00:02:10,440 --> 00:02:13,600 Speaker 1: You know, the the IRS checks your record, the FBI 38 00:02:13,760 --> 00:02:17,040 Speaker 1: gets the documents, the CIA, whoever you're in any clearance 39 00:02:17,120 --> 00:02:20,160 Speaker 1: is from, they get all the records, and the FBI 40 00:02:21,120 --> 00:02:25,760 Speaker 1: goes and now they may not check everything, but I 41 00:02:25,840 --> 00:02:28,520 Speaker 1: know for a fact, on two of my full field 42 00:02:28,880 --> 00:02:34,720 Speaker 1: FBI background investigations, they actually went to our vacation home 43 00:02:35,080 --> 00:02:39,520 Speaker 1: in New Mexico and you know, knocked on our door. 44 00:02:39,680 --> 00:02:42,400 Speaker 1: Of course we weren't there at the time. So they 45 00:02:42,440 --> 00:02:45,280 Speaker 1: went to the end of the road at the bottom 46 00:02:45,280 --> 00:02:47,480 Speaker 1: of the mountain and the end of the road where 47 00:02:47,520 --> 00:02:51,519 Speaker 1: there is a small gas station or little curio shop 48 00:02:51,919 --> 00:02:57,239 Speaker 1: post office, and they talked to the postmaster. Do you 49 00:02:57,280 --> 00:03:00,120 Speaker 1: know Michael Brown? Well, yes, in fact, they have a 50 00:03:00,160 --> 00:03:02,040 Speaker 1: box here and they live down here on the road. Oh, 51 00:03:02,120 --> 00:03:04,200 Speaker 1: we know where the live. Do you know him? Yes? 52 00:03:04,240 --> 00:03:06,520 Speaker 1: He comes in occasionally checks on his mail when he's here. 53 00:03:06,639 --> 00:03:08,520 Speaker 1: How often is he here? What does he do when 54 00:03:08,520 --> 00:03:10,960 Speaker 1: he's here? Do you see big crowds or there are 55 00:03:10,960 --> 00:03:12,480 Speaker 1: lots of people coming and going? You know, what does 56 00:03:12,520 --> 00:03:16,360 Speaker 1: he what does he do? I mean everything? Of course 57 00:03:16,440 --> 00:03:18,079 Speaker 1: you know, she didn't say anything to me about it 58 00:03:18,720 --> 00:03:21,160 Speaker 1: until the next time it was there and she goes, wow, 59 00:03:21,200 --> 00:03:23,080 Speaker 1: what are you doing? I had the FBI come and 60 00:03:23,120 --> 00:03:26,720 Speaker 1: talk to me. They went to old neighborhoods, They went 61 00:03:26,760 --> 00:03:30,480 Speaker 1: to my hometown. They ask all sorts of questions and 62 00:03:30,520 --> 00:03:33,200 Speaker 1: then when they give you their clearance, they give you 63 00:03:33,240 --> 00:03:36,240 Speaker 1: the FBI gives you there, okay, and then everybody else 64 00:03:36,840 --> 00:03:40,920 Speaker 1: comes in. Your package is then complete, and who knows 65 00:03:40,920 --> 00:03:43,600 Speaker 1: how long that takes, don't it's been too long ago, 66 00:03:43,640 --> 00:03:47,440 Speaker 1: I don't remember. But once that package gets complete, then 67 00:03:47,560 --> 00:03:50,600 Speaker 1: the White House sends that nomination up to the Senate, 68 00:03:52,160 --> 00:03:56,200 Speaker 1: gets assigned to the appropriate Senate committee, might happen to 69 00:03:56,240 --> 00:03:59,600 Speaker 1: be the I think the Senate Oversight Committee. On one 70 00:04:00,280 --> 00:04:01,960 Speaker 1: I forget oh by the time we got to the 71 00:04:02,000 --> 00:04:06,120 Speaker 1: second was the Senate Homeland Security Committee. And you go 72 00:04:06,200 --> 00:04:10,040 Speaker 1: through a committee hearing. And once you go through a committee, 73 00:04:10,280 --> 00:04:15,760 Speaker 1: and fortunately for me, on both my committee hearings and 74 00:04:15,920 --> 00:04:19,080 Speaker 1: on the actual votes, they were unanimous, so passed with 75 00:04:19,160 --> 00:04:24,359 Speaker 1: flying colors. But it's an arduous process and you can't 76 00:04:24,400 --> 00:04:27,240 Speaker 1: really do a lot while you're waiting for that process 77 00:04:27,240 --> 00:04:31,560 Speaker 1: to complete. You can, they'll they'll bring you on the 78 00:04:31,600 --> 00:04:34,920 Speaker 1: payroll as a consultant because they want your expertise, they 79 00:04:34,920 --> 00:04:36,719 Speaker 1: want your advice on things they want you know, But 80 00:04:36,800 --> 00:04:39,760 Speaker 1: you can't make any official decisions, you can't sign documents, 81 00:04:39,800 --> 00:04:42,640 Speaker 1: you can't make you can you can talk and consult. 82 00:04:44,240 --> 00:04:49,160 Speaker 1: So it's a it's a lengthy, time consuming process. But 83 00:04:49,240 --> 00:04:55,280 Speaker 1: that process is one of the presidents most important ongoing responsibilities, 84 00:04:56,360 --> 00:04:59,200 Speaker 1: and it is a huge factor. Probably it's probably the 85 00:04:59,360 --> 00:05:04,680 Speaker 1: major factor in a president's impact on the country. Who 86 00:05:04,760 --> 00:05:11,040 Speaker 1: he appoints to these positions in the executive branch. For 87 00:05:11,160 --> 00:05:15,040 Speaker 1: more than two centuries now, whether either either party held 88 00:05:15,040 --> 00:05:18,560 Speaker 1: the White House or either party control the Senate, there 89 00:05:18,560 --> 00:05:23,719 Speaker 1: were certain norms that guided the appointment process. Mine was 90 00:05:23,839 --> 00:05:26,240 Speaker 1: before what I'm about to tell you is going on 91 00:05:26,680 --> 00:05:31,040 Speaker 1: Miam is very straightforward. Once all of the White House 92 00:05:31,080 --> 00:05:35,720 Speaker 1: personnel paperwork was done and he gets distributed out to CIA, FBI, 93 00:05:35,839 --> 00:05:40,960 Speaker 1: everybody else, you start meeting with the senators. So I 94 00:05:41,000 --> 00:05:45,560 Speaker 1: would go to the chairman, meet with the vice chairman, 95 00:05:46,040 --> 00:05:48,440 Speaker 1: and then I you know, and generally you would have sponsors. 96 00:05:49,080 --> 00:05:51,880 Speaker 1: So my two sponsors were the two US Senators from 97 00:05:51,920 --> 00:05:58,520 Speaker 1: Colorado at the time, Wayne Allard and Ben Nighthorse Campbell. 98 00:06:00,279 --> 00:06:02,240 Speaker 1: And they would take you around and introduce you to people. 99 00:06:03,279 --> 00:06:05,279 Speaker 1: So you meet the chairman, you meet the vice chairman, 100 00:06:05,320 --> 00:06:07,440 Speaker 1: you sit down, they talk to you about their concerns, 101 00:06:07,440 --> 00:06:10,599 Speaker 1: their issues, what's important, what's your philosophy. It's just you know, 102 00:06:10,600 --> 00:06:13,400 Speaker 1: it's just a it's a very time consuming because they 103 00:06:13,480 --> 00:06:15,200 Speaker 1: you know, they're gonna vote on whether to confirm you 104 00:06:15,320 --> 00:06:18,320 Speaker 1: or not. So you do it, and you're honest with them. 105 00:06:18,320 --> 00:06:19,880 Speaker 1: You tell them what you really think, tell them what 106 00:06:19,920 --> 00:06:22,160 Speaker 1: you really believe, which is amazing. Then and I even 107 00:06:22,160 --> 00:06:25,760 Speaker 1: got nominated or even confirmed. So that's the way it's 108 00:06:25,800 --> 00:06:29,840 Speaker 1: been for two centuries. In the last I would say decade, 109 00:06:30,920 --> 00:06:34,279 Speaker 1: because it's been my first Senate confirmation is now probably 110 00:06:34,360 --> 00:06:38,080 Speaker 1: twenty years old, so all my presidential commissions are a 111 00:06:38,080 --> 00:06:43,640 Speaker 1: couple of decades old. In the last decades especially, these 112 00:06:43,680 --> 00:06:48,400 Speaker 1: norms have been radically altered abandoned all together. So in essence, 113 00:06:48,400 --> 00:06:50,880 Speaker 1: I would say, this is not your grandfather. Your grandfather's 114 00:06:50,920 --> 00:06:54,320 Speaker 1: it certainly was. It's not my appointment process. It's probably 115 00:06:54,360 --> 00:06:58,960 Speaker 1: not even your older brother's process. Even people who followed me, 116 00:06:59,040 --> 00:07:03,040 Speaker 1: it's not their process any more. The Constitution and federal 117 00:07:03,040 --> 00:07:09,160 Speaker 1: statutes currently require that. Only that seem like a lot 118 00:07:09,200 --> 00:07:10,560 Speaker 1: to you, But when you think about the size of 119 00:07:10,600 --> 00:07:14,200 Speaker 1: the federal government, there are one thousand, eight hundred and 120 00:07:14,200 --> 00:07:20,320 Speaker 1: fifty two positions that are filled by presidential nomination and 121 00:07:20,440 --> 00:07:25,480 Speaker 1: with the Senate's advising consent appointment. Now those include Out 122 00:07:25,480 --> 00:07:28,640 Speaker 1: of those eighteen hundred plus, there are eight hundred and 123 00:07:28,680 --> 00:07:33,120 Speaker 1: seventy positions on the courts, they have life tenured judges. 124 00:07:33,760 --> 00:07:35,920 Speaker 1: There are forty six on the courts with judges that 125 00:07:35,960 --> 00:07:40,000 Speaker 1: serve fifteen year terms, and then there are a remaining 126 00:07:40,080 --> 00:07:43,360 Speaker 1: nine hundred and thirty six positions in the executive and 127 00:07:43,400 --> 00:07:48,080 Speaker 1: the legislative branches. So requiring Senate approval for my nomination 128 00:07:48,920 --> 00:07:51,080 Speaker 1: is one of the checks and balances that's built into 129 00:07:51,120 --> 00:07:54,480 Speaker 1: our system that prevents too much power from falling into 130 00:07:54,600 --> 00:07:58,440 Speaker 1: falling into too few hands. The Constitution's framers really believe 131 00:07:58,720 --> 00:08:01,600 Speaker 1: that the Senate would have in general a silent role 132 00:08:02,400 --> 00:08:07,880 Speaker 1: with just a possibility of rejection, discouraging the appointment of 133 00:08:08,160 --> 00:08:12,520 Speaker 1: unfit characters. Rejection in a word, that's really what it is. 134 00:08:13,040 --> 00:08:17,559 Speaker 1: It's do we thumbs up thumbs down? And that would 135 00:08:17,560 --> 00:08:21,560 Speaker 1: require more than simply the preference they might feel to another, 136 00:08:22,240 --> 00:08:25,239 Speaker 1: like oh we like you, but we really like somebody else. 137 00:08:26,280 --> 00:08:29,920 Speaker 1: But rather would need special and strong reasons to be 138 00:08:30,160 --> 00:08:33,120 Speaker 1: justified the vote to vote thumbs up or thumbs down. 139 00:08:34,440 --> 00:08:39,160 Speaker 1: The appointment process generally reflected that understanding. For two centuries, 140 00:08:40,120 --> 00:08:43,680 Speaker 1: the Senate confirmed nearly all nominations, but it did so 141 00:08:43,840 --> 00:08:47,200 Speaker 1: without opposition, like in my case, or in most cases 142 00:08:47,440 --> 00:08:50,200 Speaker 1: even without a recorded vote, it just comes up on 143 00:08:50,240 --> 00:08:53,400 Speaker 1: the Senate floor and they ask for unanimous consent to 144 00:08:53,440 --> 00:08:55,679 Speaker 1: approve the nomination to Michael Brown to be the Undersecretary 145 00:08:55,679 --> 00:08:59,320 Speaker 1: of Home Insecurity. No one objects you. You have a 146 00:08:59,679 --> 00:09:06,760 Speaker 1: unanimus consent approval. Confirmation conflicts were few and far between, 147 00:09:08,280 --> 00:09:13,440 Speaker 1: and when they were, they focused on individual nominations that 148 00:09:13,679 --> 00:09:22,640 Speaker 1: raised very legitimate, concrete concerns. Democrats changed the process. I'll 149 00:09:22,679 --> 00:09:33,520 Speaker 1: explain how next. I'll be right back. Hey, welcome back 150 00:09:33,520 --> 00:09:34,959 Speaker 1: to the Weekend with Michael Brown. Glad to have you 151 00:09:35,040 --> 00:09:37,840 Speaker 1: with me. Appreciate you tuning in. Text line of course 152 00:09:37,840 --> 00:09:40,440 Speaker 1: has always open three three one zero three three three 153 00:09:40,480 --> 00:09:43,959 Speaker 1: one zero three. Keyword Mike or Michael. We're talking about 154 00:09:43,960 --> 00:09:50,319 Speaker 1: this confirmation process that very few people. I'm honored to 155 00:09:50,400 --> 00:09:53,200 Speaker 1: have gone through it. It was, it was an amazing process, 156 00:09:53,960 --> 00:09:55,880 Speaker 1: and I'm happy to have served the President of the 157 00:09:55,960 --> 00:10:00,440 Speaker 1: United States. I'm happy to have some presidential commissions signed 158 00:10:00,440 --> 00:10:03,559 Speaker 1: by both George Bush and Colin Powell on my wall, 159 00:10:04,000 --> 00:10:06,760 Speaker 1: something that very few people in their lifetimes get the 160 00:10:06,800 --> 00:10:10,480 Speaker 1: honor of having, so I'm quite proud of those. But 161 00:10:10,520 --> 00:10:16,080 Speaker 1: the process itself, for me was an amazing insight into 162 00:10:16,240 --> 00:10:20,240 Speaker 1: how the constitution works. And it worked for me anyway, 163 00:10:20,280 --> 00:10:22,400 Speaker 1: and I think for most of my cohorts at the time, 164 00:10:22,480 --> 00:10:25,560 Speaker 1: and for maybe a decade after, it worked fairly well. 165 00:10:26,679 --> 00:10:30,520 Speaker 1: Now we know there's always been blips. Look at Justice 166 00:10:30,520 --> 00:10:35,199 Speaker 1: Clarence Thomas, the high tech lynching, and there have been others. 167 00:10:37,200 --> 00:10:42,280 Speaker 1: But for two centuries, the confirmation process was really just 168 00:10:42,280 --> 00:10:45,560 Speaker 1: about thumbs up with thumbs down, and the thumbs down 169 00:10:45,640 --> 00:10:48,680 Speaker 1: was really we just think you're unfit. You know, you're 170 00:10:48,720 --> 00:10:52,400 Speaker 1: an alcoholic, or you're a drug abuser, or you're you know, 171 00:10:52,559 --> 00:10:55,240 Speaker 1: you're a child abuser, you got a criminal record, or 172 00:10:55,240 --> 00:10:59,880 Speaker 1: whatever it might be. So it kind of reflected that 173 00:11:00,559 --> 00:11:06,079 Speaker 1: type of attitude for two hundred plus years. Democrats changed 174 00:11:06,440 --> 00:11:10,800 Speaker 1: the process to reflect a Senate role that is radically 175 00:11:10,840 --> 00:11:15,480 Speaker 1: different than what I think the founders intended. They abandoned 176 00:11:15,520 --> 00:11:20,280 Speaker 1: this silent role of just checking the president's appointment power, 177 00:11:21,040 --> 00:11:25,199 Speaker 1: possibly by just rejecting a nominee, and instead they now 178 00:11:26,480 --> 00:11:30,120 Speaker 1: really have a process that they is more in favor 179 00:11:30,160 --> 00:11:35,079 Speaker 1: of a politically aggressive role of using the president's nominations 180 00:11:35,559 --> 00:11:42,200 Speaker 1: as a proxy to fight him. Along the way, they 181 00:11:43,040 --> 00:11:48,480 Speaker 1: destroyed several bipartisan norms that had guided the confirmation process 182 00:11:48,640 --> 00:11:51,800 Speaker 1: since the founding of the country. Now, at the time 183 00:11:51,800 --> 00:11:56,480 Speaker 1: that Ben Nighthorse Campbell, the US Senator from Colorado, and 184 00:11:56,520 --> 00:12:00,960 Speaker 1: Wayne Allard were my sponsors. Wayne Allard was the Republican. 185 00:12:01,720 --> 00:12:04,160 Speaker 1: Ben Knight Horse Campbell was a Democrat. Now he later 186 00:12:04,440 --> 00:12:07,400 Speaker 1: changed parties to Republican, but at the time he's a Democrat, 187 00:12:08,280 --> 00:12:12,320 Speaker 1: and I had bipartisan support from both Republicans and Democrats 188 00:12:12,360 --> 00:12:16,320 Speaker 1: because they saw their role as this is the president's nominee, 189 00:12:17,520 --> 00:12:20,520 Speaker 1: and we should give deference to that nominee unless there 190 00:12:20,600 --> 00:12:25,000 Speaker 1: is something in the FBI background check or if he 191 00:12:25,040 --> 00:12:27,679 Speaker 1: shows up, you know, to talk to the chairman of 192 00:12:27,720 --> 00:12:31,240 Speaker 1: the committee and he shows up, you know, drunk as 193 00:12:31,280 --> 00:12:33,959 Speaker 1: a washing machine, then yeah, maybe we shouldn't maybe we 194 00:12:34,000 --> 00:12:38,640 Speaker 1: shouldn't vote for it. Otherwise, it was just a process 195 00:12:39,280 --> 00:12:43,439 Speaker 1: to make sure that the President was picking people that 196 00:12:44,200 --> 00:12:53,440 Speaker 1: met his needs and wasn't some aberration Democrats destroyed that 197 00:12:53,520 --> 00:12:59,400 Speaker 1: bipartisan north. Now, the Senate can conduct its regular activities 198 00:12:59,440 --> 00:13:02,080 Speaker 1: such as debate and voting on nominations. They can do 199 00:13:02,080 --> 00:13:04,199 Speaker 1: it efficiently, or they can do it in a really 200 00:13:04,280 --> 00:13:09,400 Speaker 1: cumbersome and time consuming manner. And confirming judicial nominations by 201 00:13:09,559 --> 00:13:14,040 Speaker 1: unanimous consent or a voice vote is very efficient. It 202 00:13:14,080 --> 00:13:17,040 Speaker 1: requires a presence of only a few senators, takes just 203 00:13:17,080 --> 00:13:19,880 Speaker 1: a minute or two to do. Confirming them by a 204 00:13:20,000 --> 00:13:27,120 Speaker 1: formal recorded vote, a roll call vote is cumbersome, time consuming. 205 00:13:27,720 --> 00:13:31,320 Speaker 1: It requires the presence of every senator and takes at 206 00:13:31,400 --> 00:13:34,360 Speaker 1: least forty five minutes or more. Now, remember we're talking 207 00:13:34,400 --> 00:13:40,720 Speaker 1: about eight ninety some nominations that would take up Contrary 208 00:13:40,760 --> 00:13:43,800 Speaker 1: to my complaining in earlier about how much time they work, 209 00:13:44,160 --> 00:13:46,520 Speaker 1: that really would take up a lot of their time. 210 00:13:47,080 --> 00:13:50,320 Speaker 1: So as a practical matter, there really is no reason 211 00:13:50,320 --> 00:13:53,000 Speaker 1: for a recorded vote if there's not a senator who 212 00:13:53,080 --> 00:13:56,800 Speaker 1: really opposes a nomination, and so, consistent with that traditional role. 213 00:13:57,200 --> 00:14:01,240 Speaker 1: Between seventeen eighty nine and two thousand, I was nominated. 214 00:14:01,280 --> 00:14:04,319 Speaker 1: In two thousand and one, ninety six point three percent 215 00:14:04,320 --> 00:14:08,040 Speaker 1: of judicial nominees were confirmed with no opposition, and ninety 216 00:14:08,040 --> 00:14:11,160 Speaker 1: five point nine percent of the judicial nominees were confirmed 217 00:14:11,200 --> 00:14:16,400 Speaker 1: without a recorded vote unanimous consent. Democrats changed that in 218 00:14:16,400 --> 00:14:20,880 Speaker 1: two thousand and one, the year of my nominations, vowing 219 00:14:20,880 --> 00:14:27,040 Speaker 1: to fight Bush's judicial nominations by whatever means necessary. Fortunately, 220 00:14:27,040 --> 00:14:30,600 Speaker 1: I was not a judicial nomination. Now, mind you, two 221 00:14:31,320 --> 00:14:35,600 Speaker 1: Bush's judicial nominations were still confirmed without opposition, but the 222 00:14:35,640 --> 00:14:38,120 Speaker 1: Democrats forced the Senate to take a recorded vote on 223 00:14:38,320 --> 00:14:41,240 Speaker 1: fifty nine percent of them anyway. Now think about those numbers. 224 00:14:41,440 --> 00:14:44,680 Speaker 1: More than ninety percent get approved anyway, but Democrats wanted 225 00:14:44,680 --> 00:14:47,360 Speaker 1: a recorded roll call vote on almost sixty percent of them. 226 00:14:47,520 --> 00:14:51,240 Speaker 1: That is a fourteenfold increase over the historical pattern. Why 227 00:14:51,320 --> 00:14:54,640 Speaker 1: because the Democrats were determined to make even the Bush 228 00:14:54,720 --> 00:15:00,000 Speaker 1: nominations that they supported difficult, not just for the present 229 00:15:00,640 --> 00:15:04,160 Speaker 1: and not just for the nominee, but for the other 230 00:15:04,240 --> 00:15:11,960 Speaker 1: senators grand standing, playing to the camera, making you know, 231 00:15:12,040 --> 00:15:14,880 Speaker 1: getting a sound bite that you can take back and 232 00:15:15,040 --> 00:15:20,800 Speaker 1: play in your campaign. An important limitational in government power 233 00:15:21,840 --> 00:15:25,120 Speaker 1: is that we have a bi cameral, two house national legislature, 234 00:15:25,160 --> 00:15:27,480 Speaker 1: which is, you know, most of them around the world 235 00:15:27,680 --> 00:15:31,360 Speaker 1: just have one, and they handle legislation differently. In the House, 236 00:15:32,000 --> 00:15:35,960 Speaker 1: which you know, represents the people, the rules facilitate action 237 00:15:36,080 --> 00:15:39,200 Speaker 1: by a simple majority. And in the Senate, which was 238 00:15:39,200 --> 00:15:41,600 Speaker 1: designed originally to represent the states, which is what it 239 00:15:41,600 --> 00:15:44,320 Speaker 1: should be, but thanks to the stupid seventeenth Amendment, doesn't 240 00:15:44,360 --> 00:15:47,400 Speaker 1: really the rules make it harder for a simple majority 241 00:15:47,440 --> 00:15:49,840 Speaker 1: to always get its way by giving smaller groups of 242 00:15:49,880 --> 00:15:54,880 Speaker 1: senators greater influence. Now, since eighteen oh six, this is 243 00:15:55,320 --> 00:15:59,280 Speaker 1: this has included requiring a super majority. As we explained earlier, 244 00:15:59,360 --> 00:16:03,280 Speaker 1: sixty votes nineteen seventy five to end debate or invote 245 00:16:03,280 --> 00:16:07,400 Speaker 1: cloture on a bill or resolution before a simple majority 246 00:16:07,440 --> 00:16:12,920 Speaker 1: can pass can pass. That a filibuster occurs when fewer 247 00:16:12,960 --> 00:16:16,240 Speaker 1: than sixty senators vote to end the debate. Back to 248 00:16:16,240 --> 00:16:19,520 Speaker 1: what we talked about last hour, blocking any vote on 249 00:16:19,600 --> 00:16:22,480 Speaker 1: final passage. But here we're now talking about the Save Act. 250 00:16:22,760 --> 00:16:26,120 Speaker 1: We're talking about judicial nominations. Actually, in this case, we're 251 00:16:26,120 --> 00:16:31,760 Speaker 1: now talking about all nominations. The while extended debate has 252 00:16:31,800 --> 00:16:36,400 Speaker 1: been the defining feature of the Senate's legislative process for 253 00:16:36,520 --> 00:16:40,600 Speaker 1: more than two hundred years, and in my opinion, consistent 254 00:16:40,600 --> 00:16:43,960 Speaker 1: with the Framer's design, it was never intended to be 255 00:16:44,040 --> 00:16:47,760 Speaker 1: part of the Senate's confirmation process. So you have a 256 00:16:47,880 --> 00:16:54,160 Speaker 1: legislative process to pass bills, you have an advising consent process, 257 00:16:54,440 --> 00:16:59,240 Speaker 1: the confirmation process to approve of president's nominees. There's a 258 00:16:59,320 --> 00:17:03,080 Speaker 1: nineteen forty amendment to the Senate's cloture ending of debate 259 00:17:03,160 --> 00:17:08,720 Speaker 1: rules intended to reach all legislative actions, however, could also 260 00:17:08,840 --> 00:17:13,400 Speaker 1: make this inadvertent possibility. Still, the Senate did not take 261 00:17:13,440 --> 00:17:17,840 Speaker 1: a cloture vote on any nomination after nineteen forty nine 262 00:17:17,880 --> 00:17:21,240 Speaker 1: for another twenty years. In fact, the Senate took a 263 00:17:21,280 --> 00:17:24,480 Speaker 1: culture vote on fewer than one percent of the judicial 264 00:17:24,480 --> 00:17:28,200 Speaker 1: nominations confirmed in the second half of the last century 265 00:17:28,200 --> 00:17:32,160 Speaker 1: of the twentieth century. But the Democrats, now by whatever 266 00:17:32,320 --> 00:17:37,440 Speaker 1: means necessary, campaign destroyed that norm. They had forty nine 267 00:17:37,440 --> 00:17:39,919 Speaker 1: seats in the one hundred and ninth Congress two thousand 268 00:17:39,920 --> 00:17:42,320 Speaker 1: and three to two thousand and four, not enough to 269 00:17:42,359 --> 00:17:45,640 Speaker 1: defeat a nomination, but enough to prevent a final vote 270 00:17:45,680 --> 00:17:50,479 Speaker 1: on confirmation by filibuster, and they did, forcing twenty culture 271 00:17:50,560 --> 00:17:53,440 Speaker 1: votes on ten different nominations to the Courts of Appeal, 272 00:17:54,400 --> 00:17:57,080 Speaker 1: more than in all of American history to that point, 273 00:17:58,240 --> 00:18:10,040 Speaker 1: and what happened, Half were never confirmed. Tonight, Michael Brown 274 00:18:10,119 --> 00:18:12,200 Speaker 1: joins me here, the former FEMA director of talk show 275 00:18:12,200 --> 00:18:15,040 Speaker 1: host Michael Brown. Brownie, No, Brownie, You're doing a heck 276 00:18:15,080 --> 00:18:18,600 Speaker 1: of a job the Weekend with Michael Brown. Welcome back 277 00:18:18,600 --> 00:18:20,040 Speaker 1: to the Weekend with Michael Brown. Glad to have you 278 00:18:20,080 --> 00:18:22,679 Speaker 1: with me. Appreciate you tuning in text lines open three 279 00:18:22,720 --> 00:18:25,720 Speaker 1: three one zero three, keyword Mike or Michael. If you 280 00:18:25,800 --> 00:18:28,000 Speaker 1: like what we do during the weekend, you might like 281 00:18:28,040 --> 00:18:31,440 Speaker 1: the weekday program. You can also hear it on your 282 00:18:31,440 --> 00:18:35,760 Speaker 1: iHeart app. Just find this station instet a preset. It's 283 00:18:35,880 --> 00:18:40,000 Speaker 1: KOA at eight fifty am ninety four to one FM 284 00:18:40,560 --> 00:18:44,600 Speaker 1: and we broadcast from nine to noon mountain time on KOA. 285 00:18:44,720 --> 00:18:46,280 Speaker 1: So if you like this, you ought to stream that 286 00:18:46,640 --> 00:18:50,240 Speaker 1: Monday through Friday, nine to noon mountain time, eight fifty 287 00:18:50,320 --> 00:18:56,560 Speaker 1: am ninety four one FM. Call letters are KOA. We're 288 00:18:56,560 --> 00:19:01,400 Speaker 1: talking about this nomination process and the confirmation process. This 289 00:19:01,440 --> 00:19:07,280 Speaker 1: is another example of how Congress has decided to politicize everything. 290 00:19:09,080 --> 00:19:12,080 Speaker 1: Let's take I'm gonna get to twenty thirteen in just 291 00:19:12,080 --> 00:19:15,200 Speaker 1: a second. But this really started in two thousand and 292 00:19:15,280 --> 00:19:22,400 Speaker 1: one with Bush's judicial nominations. And as I said, there 293 00:19:22,440 --> 00:19:28,359 Speaker 1: were half of the nominations that were filibustered never got confirmed. 294 00:19:30,040 --> 00:19:32,800 Speaker 1: So now when you don't get confirmed, and you know 295 00:19:32,840 --> 00:19:38,840 Speaker 1: that they're going to filibuster, your first choice get shoved aside, 296 00:19:39,119 --> 00:19:41,880 Speaker 1: they either withdraw their nomination or the White House withdraws 297 00:19:41,880 --> 00:19:44,119 Speaker 1: the nomination, and now you go to the second and 298 00:19:44,119 --> 00:19:47,960 Speaker 1: third tier, and what happens is you start trying to 299 00:19:47,960 --> 00:19:50,720 Speaker 1: find someone that's going to mollify or be acceptable to 300 00:19:50,760 --> 00:19:55,679 Speaker 1: the Democrats. That's the politics, their play. That's not what 301 00:19:55,800 --> 00:19:59,000 Speaker 1: their job is. Their job is just to give their 302 00:19:59,000 --> 00:20:02,119 Speaker 1: advice and consent, in other words, the thumbs up or 303 00:20:02,119 --> 00:20:06,800 Speaker 1: thumbs down, not you know, do we like your judicial philosophy? 304 00:20:07,359 --> 00:20:09,679 Speaker 1: Because every president, whether you and I like it or not. 305 00:20:09,840 --> 00:20:12,920 Speaker 1: I mean, obviously Barack Obama's entitled to a point. The 306 00:20:13,760 --> 00:20:16,520 Speaker 1: justices the judges that we like or that he likes, 307 00:20:16,640 --> 00:20:24,440 Speaker 1: but maybe I don't like. That's the process. If if 308 00:20:24,480 --> 00:20:30,399 Speaker 1: they were focused on the qualifications as opposed to their 309 00:20:30,480 --> 00:20:34,480 Speaker 1: judicial philosophy. Have you been a judge in the past, 310 00:20:34,560 --> 00:20:37,000 Speaker 1: have you made a bunch of controversial decisions? How do 311 00:20:37,000 --> 00:20:39,840 Speaker 1: you how do you justify those decisions? Or are you 312 00:20:39,880 --> 00:20:43,720 Speaker 1: pretty mainstream? What's your philosophy? How do you you know? 313 00:20:43,800 --> 00:20:46,600 Speaker 1: How do you interpret statute? How do you interpret the constitution? 314 00:20:46,720 --> 00:20:50,719 Speaker 1: All those are all legitimate questions. But assuming they have, 315 00:20:52,520 --> 00:20:57,879 Speaker 1: you know, legally solid answers to those questions, they should 316 00:20:57,880 --> 00:21:02,720 Speaker 1: be confirmed. Now if they're an idiot and they can't 317 00:21:02,720 --> 00:21:05,720 Speaker 1: answer the question such as how would you define a woman. 318 00:21:06,400 --> 00:21:08,040 Speaker 1: I don't think they should be confirmed to the court 319 00:21:10,359 --> 00:21:15,760 Speaker 1: because they're not qualified, just a simple question, or if 320 00:21:15,800 --> 00:21:21,560 Speaker 1: they have, you know, they've got some sub substance abuse problem. 321 00:21:22,320 --> 00:21:26,159 Speaker 1: Otherwise it's just an up or down vote. By the 322 00:21:26,160 --> 00:21:30,280 Speaker 1: time we get to twenty thirteen, when Democrats occupied the 323 00:21:30,280 --> 00:21:34,159 Speaker 1: White House, they control the Senate, and now they have 324 00:21:34,200 --> 00:21:37,479 Speaker 1: found a new way to prevent Republicans from doing what 325 00:21:37,520 --> 00:21:40,800 Speaker 1: they had done by eliminating the super majority requirement to 326 00:21:40,960 --> 00:21:44,960 Speaker 1: end debate altogether. Because the Democrats did not have the 327 00:21:45,040 --> 00:21:48,439 Speaker 1: sixty seven votes needed to change the text of the 328 00:21:48,520 --> 00:21:53,200 Speaker 1: cloture rule, but they did have the simple majority needed 329 00:21:53,240 --> 00:21:58,000 Speaker 1: to achieve the same result by voting to simply reinterpret 330 00:21:58,080 --> 00:22:02,600 Speaker 1: the rule. So the Senate, by a vote of fifty 331 00:22:02,640 --> 00:22:06,600 Speaker 1: two to forty eight, determined that now, going forward from 332 00:22:06,600 --> 00:22:12,400 Speaker 1: twenty thirteen, the words three to fifth in the cloture 333 00:22:12,480 --> 00:22:16,639 Speaker 1: rule would mean just a simple majority for nominations. In 334 00:22:16,680 --> 00:22:24,680 Speaker 1: other words, fifty two senators made sixty equal fifty one. Yeah, 335 00:22:24,800 --> 00:22:26,800 Speaker 1: I had to write that down. You go figure that out. 336 00:22:27,440 --> 00:22:32,040 Speaker 1: That's what the Democrats did. So changing the interpretation but 337 00:22:32,200 --> 00:22:36,760 Speaker 1: not the text of the rule achieved very specific objectives 338 00:22:37,440 --> 00:22:40,960 Speaker 1: but it caused longer term distortion of the confirmation process. 339 00:22:41,320 --> 00:22:45,359 Speaker 1: Because the cloture process itself remained unchanged, Senators could still 340 00:22:45,400 --> 00:22:47,879 Speaker 1: force the Senators to take a separate cloture vote on 341 00:22:47,920 --> 00:22:51,040 Speaker 1: any nomination, and that would add days in multiple recorded 342 00:22:51,119 --> 00:22:55,560 Speaker 1: votes of the process for confirming everyone, not just judicial nominees, 343 00:22:56,240 --> 00:22:59,920 Speaker 1: and taking a cloture vote that cannot prevent confirmation as 344 00:23:00,000 --> 00:23:03,880 Speaker 1: no more real use than a recorded vote to confirm 345 00:23:03,960 --> 00:23:08,280 Speaker 1: or deny a nomination with that opposition. So the Democrats 346 00:23:08,359 --> 00:23:13,840 Speaker 1: changed the norms solely, solely to make this process more 347 00:23:13,920 --> 00:23:19,639 Speaker 1: cumbersome and time consuming. And I think it appears this 348 00:23:19,760 --> 00:23:22,960 Speaker 1: is probably already a regular part of the confirmation process. 349 00:23:24,440 --> 00:23:28,640 Speaker 1: Why do I say that the Senate took a cloture 350 00:23:28,760 --> 00:23:34,680 Speaker 1: vote on almost thirty percent of Obama nominations. How many 351 00:23:34,760 --> 00:23:38,080 Speaker 1: do you think they took during Trump's first term? So 352 00:23:38,200 --> 00:23:46,000 Speaker 1: thirty percent in Obama, eighty percent during Trump, now ninety 353 00:23:46,080 --> 00:23:49,200 Speaker 1: three percent of Biden's picks, and one hundred percent of 354 00:23:49,200 --> 00:23:52,359 Speaker 1: Trump's second term nominations. Now all the votes passed, no 355 00:23:52,440 --> 00:23:56,960 Speaker 1: filibusters occurred, and the nominations were confirmed. So one way 356 00:23:56,960 --> 00:24:01,840 Speaker 1: you're looking at the confirmation process, the confirmation process. Partisanship 357 00:24:03,000 --> 00:24:05,880 Speaker 1: is the percentage of nominations by a president of one 358 00:24:05,960 --> 00:24:11,359 Speaker 1: party opposed by senators of the other party. Between nineteen 359 00:24:11,359 --> 00:24:15,400 Speaker 1: eighty one and twenty sixteen, that percentage difference was only 360 00:24:15,400 --> 00:24:20,520 Speaker 1: three point five percent. During Trump's first term, it jumped 361 00:24:20,560 --> 00:24:25,120 Speaker 1: more than twelvefold to almost fifty not quite forty two 362 00:24:25,200 --> 00:24:28,880 Speaker 1: point four percent. So what does that mean. It means 363 00:24:28,920 --> 00:24:31,560 Speaker 1: the focus was no longer on the nominations the Senate 364 00:24:31,640 --> 00:24:35,800 Speaker 1: was asked to approve, but squarely on who was the 365 00:24:35,840 --> 00:24:41,520 Speaker 1: president making the nomination. Democrats were opposing Trump by opposing 366 00:24:41,560 --> 00:24:45,640 Speaker 1: his nominees. You see, before Trump, no senator had ever 367 00:24:45,680 --> 00:24:50,800 Speaker 1: opposed more than fourteen percent of the other parties judicial nominations, 368 00:24:51,119 --> 00:24:55,159 Speaker 1: and during Trump's first term, no Democrat opposed fewer than 369 00:24:55,280 --> 00:24:59,879 Speaker 1: nineteen percent, and seven Democrats actually opposed more nominees than 370 00:25:00,000 --> 00:25:05,560 Speaker 1: they ever supported. So, like unnecessary recorded or cloture votes, 371 00:25:06,359 --> 00:25:11,720 Speaker 1: routine partisanship is now just I think, a feature of 372 00:25:11,760 --> 00:25:16,720 Speaker 1: the confirmation process. The average Republican voted against seventy eight 373 00:25:16,760 --> 00:25:20,520 Speaker 1: point six percent of Biden judicial nominations, with all but 374 00:25:20,600 --> 00:25:23,800 Speaker 1: three voting against the majority of those nominations, and during 375 00:25:23,800 --> 00:25:27,000 Speaker 1: the first year Trump's second term, the partisan divide has 376 00:25:27,000 --> 00:25:31,560 Speaker 1: become even deeper, with the average Democrat opposing no less 377 00:25:31,800 --> 00:25:36,480 Speaker 1: than ninety two percent of judicial nominations in twenty twenty five. 378 00:25:39,480 --> 00:25:42,800 Speaker 1: Now i've been talking about judicial nominations. You can take 379 00:25:42,920 --> 00:25:49,879 Speaker 1: almost a parallel amount of percentages and apply it to 380 00:25:50,520 --> 00:25:55,840 Speaker 1: US attorneys or to assistant attorney generals or deputy attorney generals. 381 00:25:57,480 --> 00:26:02,520 Speaker 1: What they're doing is they're trying to prevent Trump from 382 00:26:02,600 --> 00:26:07,199 Speaker 1: just simply fulfilling his constitutional duty to nominate people to 383 00:26:07,280 --> 00:26:12,360 Speaker 1: serve him in the executive branch. Other than these judges 384 00:26:12,480 --> 00:26:19,240 Speaker 1: have life tenure anybody else when the president leaves office, 385 00:26:19,720 --> 00:26:22,520 Speaker 1: unless they're asked by his successor to stay, they go 386 00:26:22,600 --> 00:26:32,119 Speaker 1: to They're politicizing everything, So even a minimal act of 387 00:26:32,240 --> 00:26:37,760 Speaker 1: cooperation came to a screeching halt with Trump's second term, 388 00:26:38,480 --> 00:26:41,920 Speaker 1: and as a result, even though Trump made more nominations 389 00:26:42,119 --> 00:26:44,879 Speaker 1: and Senate committees process a higher percentage of them in 390 00:26:44,920 --> 00:26:47,560 Speaker 1: the first three quarters of last year than either twenty 391 00:26:47,600 --> 00:26:51,119 Speaker 1: twenty one under Biden or twenty seventeen under Trump, the 392 00:26:51,200 --> 00:26:55,760 Speaker 1: Senate was able to confirm only fifty eight percent of 393 00:26:55,800 --> 00:27:01,679 Speaker 1: available executive branch nominations. Fifty eight percent, compared to eighty 394 00:27:01,760 --> 00:27:06,000 Speaker 1: two percent back in twenty twenty one and seventy five 395 00:27:06,040 --> 00:27:10,439 Speaker 1: percent in twenty seventeen. Now, Republicans voted in September of 396 00:27:10,480 --> 00:27:15,520 Speaker 1: last year to allow consideration of multiple nominations with one 397 00:27:15,680 --> 00:27:19,280 Speaker 1: vote to invote cloture and one to confirm, both by 398 00:27:19,280 --> 00:27:23,240 Speaker 1: simple majority, and after confirming three large groups of nominees. 399 00:27:23,240 --> 00:27:25,480 Speaker 1: In this way, the Senate had by the end of 400 00:27:25,480 --> 00:27:27,440 Speaker 1: the calendar year. At the end of twenty twenty five, 401 00:27:27,720 --> 00:27:31,440 Speaker 1: they had approved ninety five percent of all executive branch 402 00:27:31,560 --> 00:27:35,040 Speaker 1: nominations approved by committee, which is a head of the 403 00:27:35,119 --> 00:27:39,119 Speaker 1: historical pace. So the sent has been evaluating and approving 404 00:27:39,160 --> 00:27:42,520 Speaker 1: trump second term judicial nominees about as efficiently as it 405 00:27:42,560 --> 00:27:46,960 Speaker 1: can be done. It could just be better. Three measures of 406 00:27:47,240 --> 00:27:51,760 Speaker 1: efficiency are the percentage of nominees that are given a 407 00:27:51,800 --> 00:27:55,080 Speaker 1: hearing and the number of confirmations as a percentage of 408 00:27:55,080 --> 00:27:57,840 Speaker 1: either the nominations or the current vacancies. And by any 409 00:27:57,840 --> 00:28:01,400 Speaker 1: of those measures, the judicial confortation process has been more 410 00:28:01,440 --> 00:28:04,000 Speaker 1: efficient than during the first year of any president since 411 00:28:04,080 --> 00:28:08,520 Speaker 1: Ronald Reagan. Oh, then, Michael, what are you complaining about, Well, 412 00:28:08,520 --> 00:28:13,879 Speaker 1: there's two caveats. The number of current vacancies and the 413 00:28:13,920 --> 00:28:18,240 Speaker 1: emergence of new vacancies have been historically low since Trump 414 00:28:18,280 --> 00:28:23,600 Speaker 1: took office. So many were filled during o'biden, so few 415 00:28:23,680 --> 00:28:27,199 Speaker 1: during Trump won, and then I'm sorry, so many were 416 00:28:27,200 --> 00:28:31,439 Speaker 1: filled during Obama, so few during Trump one, and then 417 00:28:31,520 --> 00:28:35,480 Speaker 1: so many many during Biden. That in terms of judicial nominees, 418 00:28:35,520 --> 00:28:38,200 Speaker 1: particularly those that have lifetime tenure, there just aren't that 419 00:28:38,240 --> 00:28:41,960 Speaker 1: many to fill. Frankly, it's easier to keep up when 420 00:28:41,960 --> 00:28:45,200 Speaker 1: the workload is liked, so the better tests would come 421 00:28:45,520 --> 00:28:51,480 Speaker 1: when the vacancy occurs, and vacancies increase to nearer historic levels, 422 00:28:51,760 --> 00:28:55,320 Speaker 1: which will then put more pressure on the process. And 423 00:28:55,400 --> 00:28:58,320 Speaker 1: as I've tried to explain, the obstruction headwinds have never 424 00:28:58,360 --> 00:29:01,320 Speaker 1: been greater, which means efficient he's even more difficult at 425 00:29:01,360 --> 00:29:04,400 Speaker 1: the confirmation pace we have now so far, at least 426 00:29:04,680 --> 00:29:09,080 Speaker 1: Senate leadership has been determined to make confirmation a real priority. 427 00:29:09,760 --> 00:29:12,800 Speaker 1: So as much as I gripped about John Thune in 428 00:29:12,840 --> 00:29:17,160 Speaker 1: the last hour, when it comes to approving those vacancies 429 00:29:17,200 --> 00:29:21,200 Speaker 1: in the judicial branch that do occur, they are being 430 00:29:21,200 --> 00:29:25,480 Speaker 1: more efficient about that. But that doesn't take away from 431 00:29:25,480 --> 00:29:30,280 Speaker 1: what the Democrats have done to politicize this entire process. 432 00:29:31,320 --> 00:29:34,680 Speaker 1: It's now cumbersome, it's time consuming, and when the other 433 00:29:34,680 --> 00:29:37,680 Speaker 1: party controls the Senate, it will be much easier simply 434 00:29:37,680 --> 00:29:40,800 Speaker 1: to minimize confirmation to whatever level the party chooses. That's 435 00:29:40,840 --> 00:29:44,360 Speaker 1: a radical departure from the historic norm, and I think 436 00:29:44,400 --> 00:29:48,760 Speaker 1: that'll be the pattern for the future. So the Democrats 437 00:29:49,160 --> 00:30:00,280 Speaker 1: once again have bastardized the Constitution. I'll be right back. Hey, 438 00:30:00,280 --> 00:30:02,240 Speaker 1: welcome back to the Weekend with Michael Brown. Glad you've 439 00:30:02,240 --> 00:30:05,239 Speaker 1: been with me. I appreciate you tuning in. It is 440 00:30:06,400 --> 00:30:10,240 Speaker 1: amazing some of the responses that I get to things 441 00:30:10,240 --> 00:30:13,200 Speaker 1: that I talk about. I understand. For example, the say 442 00:30:13,200 --> 00:30:16,560 Speaker 1: of Act. There are these arguments. In fact, let me 443 00:30:16,640 --> 00:30:20,600 Speaker 1: just pull up something that someone just sent This comes 444 00:30:20,640 --> 00:30:23,920 Speaker 1: from the Bipartisan Policy Center. Five things to know about 445 00:30:23,960 --> 00:30:27,600 Speaker 1: the say of Act. Now. I don't know much about 446 00:30:27,600 --> 00:30:30,560 Speaker 1: the Bipartisan Policy Center because this was just sent to me, 447 00:30:30,600 --> 00:30:32,280 Speaker 1: so I haven't had time to really dig into it. 448 00:30:32,920 --> 00:30:35,520 Speaker 1: But when somebody tells me that they are the Bipartisan 449 00:30:35,600 --> 00:30:38,840 Speaker 1: Policy Center, that tells me they're actually leaning to the left, 450 00:30:39,160 --> 00:30:42,400 Speaker 1: and they use Bipartisan as their moniker so that they 451 00:30:42,440 --> 00:30:45,240 Speaker 1: can put on a veneer of Hey, we're neutral, and 452 00:30:45,280 --> 00:30:48,360 Speaker 1: we're just trying to be you know, objective. Here, this 453 00:30:48,440 --> 00:30:52,440 Speaker 1: is the date of February two this year, and here's 454 00:30:52,480 --> 00:30:54,960 Speaker 1: what they say you need to know about requiring proof 455 00:30:55,040 --> 00:31:00,640 Speaker 1: of citizenship to register to vote citizenship. There are five 456 00:31:00,680 --> 00:31:04,920 Speaker 1: things they say. Citizenship is already a requirement to vote, 457 00:31:05,600 --> 00:31:10,560 Speaker 1: and instances of non citizen voting are rare. Two, many 458 00:31:10,640 --> 00:31:17,560 Speaker 1: eligible citizens don't have access to documentary proof of citizenship. Three, 459 00:31:17,720 --> 00:31:20,840 Speaker 1: there are better ways to verify citizenship than to put 460 00:31:20,840 --> 00:31:26,280 Speaker 1: the respons That put the responsibility on government, not voters. 461 00:31:27,200 --> 00:31:31,479 Speaker 1: Four the Save Act could have unintended consequences for election 462 00:31:31,600 --> 00:31:37,560 Speaker 1: officials and election administration. And Fifth, the Save Act needs 463 00:31:37,600 --> 00:31:42,760 Speaker 1: more time and resources to be implemented. Well can you 464 00:31:42,840 --> 00:31:47,200 Speaker 1: guess just based on those five bullet points. But the 465 00:31:47,280 --> 00:31:52,600 Speaker 1: Bipartisan Policy Center Bipartisan Policy dot org thinks about the 466 00:31:52,640 --> 00:31:57,680 Speaker 1: Save Act, Oh, that it's horrible. So citizenship is already 467 00:31:57,760 --> 00:32:04,560 Speaker 1: requirement to vote, instances of non citizens voting are rare. Hmm. 468 00:32:05,520 --> 00:32:10,440 Speaker 1: So some fraud is okay. I want to eliminate fraud altogether, 469 00:32:11,640 --> 00:32:16,200 Speaker 1: because every instance of fraud, while it may not be 470 00:32:16,400 --> 00:32:21,520 Speaker 1: enough to overturn any one particular election, is a signal 471 00:32:21,560 --> 00:32:26,120 Speaker 1: to anybody else that hey, we don't really care and rare. 472 00:32:27,320 --> 00:32:32,720 Speaker 1: What does that mean. I don't want any fraud. I 473 00:32:32,720 --> 00:32:37,080 Speaker 1: don't want anyone who is a non citizen, frankly, voting 474 00:32:37,120 --> 00:32:40,360 Speaker 1: in any election, that alone, a federal election. I don't 475 00:32:40,360 --> 00:32:43,320 Speaker 1: want them voting for dog catcher. I don't care if 476 00:32:43,360 --> 00:32:45,960 Speaker 1: they're non citizens. I don't want them voting at all. 477 00:32:46,480 --> 00:32:50,440 Speaker 1: So that it's rare seems to me. Oh so if 478 00:32:50,480 --> 00:32:56,600 Speaker 1: I make that argument about anything else, and I just say, well, 479 00:32:56,600 --> 00:33:00,640 Speaker 1: it's rare, but it's something that liberals oppose, what are 480 00:33:00,640 --> 00:33:03,360 Speaker 1: they gonna throw back home me? Oh, the stats that show, 481 00:33:03,600 --> 00:33:06,440 Speaker 1: oh you call it rare, but look it happens, you know, 482 00:33:06,480 --> 00:33:10,440 Speaker 1: eighteen point sixty two seven percent of the time. Then 483 00:33:10,480 --> 00:33:13,600 Speaker 1: this one is always a killer for me. Many eligible 484 00:33:13,600 --> 00:33:17,640 Speaker 1: citizens don't have documentary proof of citizenship, this says according 485 00:33:17,640 --> 00:33:21,040 Speaker 1: to the US Department of State, examples of primary citizenship 486 00:33:21,080 --> 00:33:25,480 Speaker 1: include a birth certificate, a passport, a consular report of 487 00:33:25,520 --> 00:33:29,480 Speaker 1: birth abroad, a certificate of citizenship, or a naturalization certificate. 488 00:33:30,720 --> 00:33:35,120 Speaker 1: They say that nine percent nine percent of all eligible 489 00:33:35,200 --> 00:33:39,680 Speaker 1: voters do not have or do not have easy access 490 00:33:39,760 --> 00:33:45,040 Speaker 1: to documentary proof of citizenship. I say, okay, let's say 491 00:33:45,080 --> 00:33:49,880 Speaker 1: that that is factually true, then go get it. And 492 00:33:49,920 --> 00:33:53,600 Speaker 1: if it's not easy to access, well, if you want 493 00:33:53,640 --> 00:33:59,440 Speaker 1: to vote, which is a fundamental part of our republican 494 00:33:59,480 --> 00:34:02,200 Speaker 1: form of goun then you ought to go find that 495 00:34:02,240 --> 00:34:08,919 Speaker 1: document because when you talk about documentary proof of citizenship, 496 00:34:09,480 --> 00:34:13,240 Speaker 1: that's needed for a lot of things. Fifty two percent 497 00:34:13,280 --> 00:34:16,680 Speaker 1: of registered voters, they say, do not have an unexpired 498 00:34:16,800 --> 00:34:21,120 Speaker 1: passport with their current legal name. Well, that's a strong 499 00:34:21,200 --> 00:34:24,279 Speaker 1: man argument, because a passport is only one of about 500 00:34:24,360 --> 00:34:27,480 Speaker 1: six different things that you can use to prove citizenship. 501 00:34:30,680 --> 00:34:34,279 Speaker 1: Eleven percent of registered voters do not have access to 502 00:34:34,320 --> 00:34:38,920 Speaker 1: their birth certificate. Okay, what do those eleven percent have 503 00:34:39,000 --> 00:34:44,160 Speaker 1: access to? Because perhaps they have a consular report, a 504 00:34:44,200 --> 00:34:48,520 Speaker 1: certificate of a citizenship, a naturalization certificate. And by the way, 505 00:34:48,680 --> 00:34:53,239 Speaker 1: a real ID is often assumed to be a reliable 506 00:34:53,280 --> 00:34:58,760 Speaker 1: proxy for citizenship. And I agree it doesn't definitively establish 507 00:34:58,840 --> 00:35:01,560 Speaker 1: citizenship because we give out, you know, really these to 508 00:35:01,600 --> 00:35:06,479 Speaker 1: a lot of people. But if you are of such 509 00:35:06,520 --> 00:35:09,680 Speaker 1: an age that you don't have access, now there's a 510 00:35:09,719 --> 00:35:15,120 Speaker 1: difference between having access to birth certificate and not actually 511 00:35:15,200 --> 00:35:20,360 Speaker 1: having a birth certificate. But those octagenarians that may not 512 00:35:20,560 --> 00:35:24,680 Speaker 1: actually have a birth certificate because they didn't keep those records, 513 00:35:25,160 --> 00:35:28,080 Speaker 1: or they were born on a reservation, or whatever it 514 00:35:28,160 --> 00:35:33,120 Speaker 1: might be. There are ways around that. Yes, if you 515 00:35:33,200 --> 00:35:37,000 Speaker 1: really want to get into the nitty gritty, there are 516 00:35:37,120 --> 00:35:40,120 Speaker 1: any number of ways for someone who does not have 517 00:35:40,200 --> 00:35:45,080 Speaker 1: access to a birth certificate to prove their citizenship, family bibles, 518 00:35:45,160 --> 00:35:48,920 Speaker 1: family records, any number of things. So this idea that 519 00:35:49,000 --> 00:35:54,200 Speaker 1: many eligible citizens don't have it boils down to oh 520 00:35:54,800 --> 00:35:58,239 Speaker 1: less than well somewhere between eleven and nine percent, because 521 00:35:58,239 --> 00:36:00,160 Speaker 1: I'm not going to count at fifty two that have 522 00:36:00,200 --> 00:36:05,759 Speaker 1: an unexpired passport that don't have an unexpired passport. And 523 00:36:05,800 --> 00:36:08,839 Speaker 1: then they say there are better ways to verify citizenship. 524 00:36:09,200 --> 00:36:17,279 Speaker 1: That put the responsibility on government, not voters. Why do 525 00:36:17,360 --> 00:36:22,120 Speaker 1: we put everything as the responsibility of the government. If 526 00:36:22,120 --> 00:36:28,160 Speaker 1: you want to vote, that's your responsibility to prove your eligibility. 527 00:36:28,320 --> 00:36:31,440 Speaker 1: I don't want the government to be responsible for doing that. 528 00:36:32,040 --> 00:36:34,600 Speaker 1: I want the voters to do that. And I have 529 00:36:34,680 --> 00:36:39,120 Speaker 1: an ulterior reason too. If you're too lazy to prove 530 00:36:39,200 --> 00:36:43,240 Speaker 1: your citizenship, you're not willing to make the effort. Quite frankly, 531 00:36:43,239 --> 00:36:45,640 Speaker 1: I don't want you to vote because you're not willing 532 00:36:45,640 --> 00:36:50,320 Speaker 1: to make the effort to be a citizen of this country. Everybody, 533 00:36:50,320 --> 00:36:53,040 Speaker 1: thanks for tuning in, have a great weekend, enjoy the 534 00:36:53,040 --> 00:36:55,040 Speaker 1: super Bowl, and I'll talk to you next weekend.