1 00:00:00,280 --> 00:00:00,640 Speaker 1: Welcome. 2 00:00:00,680 --> 00:00:03,000 Speaker 2: It is Verdict with Center Ted Cruz, and it is 3 00:00:03,040 --> 00:00:04,520 Speaker 2: the Week in Review. 4 00:00:04,920 --> 00:00:06,000 Speaker 1: Ben Ferguson with you. 5 00:00:06,080 --> 00:00:08,520 Speaker 2: And these are the big stories that you may have 6 00:00:08,560 --> 00:00:11,440 Speaker 2: missed that we talked about this past week. First up, 7 00:00:11,880 --> 00:00:15,240 Speaker 2: the Supreme Court is going to hear a serious case 8 00:00:15,320 --> 00:00:18,759 Speaker 2: that deals with Donald Trump Colorado and his name being 9 00:00:18,800 --> 00:00:20,120 Speaker 2: taken off the ballot. 10 00:00:20,400 --> 00:00:21,560 Speaker 1: They've decided to hear that. 11 00:00:21,760 --> 00:00:24,360 Speaker 2: So what does it mean for all the other lawsuits 12 00:00:24,440 --> 00:00:26,880 Speaker 2: in other states they're trying to take him off the ballot. 13 00:00:27,160 --> 00:00:29,880 Speaker 2: The Senator was going to give you all of that information, 14 00:00:30,200 --> 00:00:33,159 Speaker 2: especially about how the Supreme Court will work. That is 15 00:00:33,200 --> 00:00:36,879 Speaker 2: something very important. Plus, we have gotten now word that 16 00:00:36,920 --> 00:00:40,640 Speaker 2: there is real concerns inside the United States of America 17 00:00:41,159 --> 00:00:45,640 Speaker 2: of a coordinated terrorist attack at the hands of hesblah. 18 00:00:45,800 --> 00:00:48,800 Speaker 2: How would they get into this country? More than likely 19 00:00:48,920 --> 00:00:51,880 Speaker 2: it would be across our open southern border. And we'll 20 00:00:51,880 --> 00:00:56,440 Speaker 2: explain those details. And finally, when the Supreme Court, here's 21 00:00:56,800 --> 00:01:01,080 Speaker 2: this case with Colorado and Donald Trump. Is there a 22 00:01:01,280 --> 00:01:04,520 Speaker 2: chance that the Supreme Court will stand up for democracy 23 00:01:04,600 --> 00:01:08,400 Speaker 2: and a unanimous decision. Senator Cruz gives you his prediction 24 00:01:08,640 --> 00:01:11,840 Speaker 2: on exactly that it is that we can review and 25 00:01:11,920 --> 00:01:15,200 Speaker 2: it starts right now. How long are they going to 26 00:01:15,280 --> 00:01:17,360 Speaker 2: have to argue this? I mean when you talk about 27 00:01:17,400 --> 00:01:19,680 Speaker 2: oral arguments, is it is it hours? 28 00:01:19,800 --> 00:01:21,679 Speaker 1: Is it ninety minutes? What are we talking about? 29 00:01:22,000 --> 00:01:24,759 Speaker 3: Normally an argument is an hour, So normally each side 30 00:01:24,800 --> 00:01:27,560 Speaker 3: has thirty minutes. They can extend it. They might extend 31 00:01:27,560 --> 00:01:30,160 Speaker 3: it in this instance. I don't know, but normally an 32 00:01:30,240 --> 00:01:33,319 Speaker 3: argument is an hour. And the bulk of the argument, 33 00:01:33,360 --> 00:01:36,360 Speaker 3: by the way, is questioning from the justices. So you 34 00:01:36,480 --> 00:01:39,280 Speaker 3: get up and the justices are asking you questions, and 35 00:01:39,319 --> 00:01:41,160 Speaker 3: that it's a back and forth. 36 00:01:41,200 --> 00:01:44,360 Speaker 1: It's not a mind is an opening statement? 37 00:01:45,040 --> 00:01:46,920 Speaker 3: There is? There didn't used to be. 38 00:01:47,000 --> 00:01:49,200 Speaker 1: So the old way they. 39 00:01:49,040 --> 00:01:52,520 Speaker 3: Did Supreme Court arguments was you would start off, you'd 40 00:01:52,560 --> 00:01:54,440 Speaker 3: stand up and you'd say, mister Chief Justice, and may 41 00:01:54,480 --> 00:01:56,360 Speaker 3: it please the court, And every argument begins with that, 42 00:01:57,600 --> 00:02:03,600 Speaker 3: and you would sometimes get less than a sentence into 43 00:02:03,640 --> 00:02:07,320 Speaker 3: your argument and a justice would jump in and pepper 44 00:02:07,360 --> 00:02:10,480 Speaker 3: you with questions and what made it invigoratings? You'd have 45 00:02:10,520 --> 00:02:12,480 Speaker 3: a question here, a question here, question here, and it 46 00:02:12,560 --> 00:02:15,960 Speaker 3: was just non stop, and you had to be quick 47 00:02:16,000 --> 00:02:20,200 Speaker 3: and fast and anticipate justices who disagreed with your position. 48 00:02:20,240 --> 00:02:22,760 Speaker 3: They're trying to ask you questions to expose the weakness 49 00:02:22,760 --> 00:02:26,440 Speaker 3: of your case, and you had to anticipate it. They 50 00:02:26,560 --> 00:02:30,839 Speaker 3: have post COVID, they regimented it now, and I really 51 00:02:30,880 --> 00:02:33,000 Speaker 3: don't like how they do it now. But they now 52 00:02:33,120 --> 00:02:36,640 Speaker 3: have a period of questioning from each justice, and so 53 00:02:36,680 --> 00:02:38,840 Speaker 3: it's a little it's not the wild face. 54 00:02:39,240 --> 00:02:41,359 Speaker 2: It's almost like Congress, or you have five minutes, or 55 00:02:41,400 --> 00:02:43,480 Speaker 2: you have three minutes, and then you go in this order. 56 00:02:43,520 --> 00:02:46,000 Speaker 2: Whereas before it could be a conservative just as to 57 00:02:46,000 --> 00:02:48,240 Speaker 2: your question, followed up by a liberal justice to your question, 58 00:02:48,280 --> 00:02:50,240 Speaker 2: followed up by another justice asking your question. 59 00:02:50,680 --> 00:02:54,280 Speaker 3: It was it was control chaos, It was yes, and and. 60 00:02:54,600 --> 00:02:58,239 Speaker 3: But it is more regimented now. But I would say 61 00:02:58,600 --> 00:03:01,880 Speaker 3: I would expect the Chief Justice questions to lay out 62 00:03:01,960 --> 00:03:05,520 Speaker 3: in the questions what he think thinks is the best 63 00:03:05,560 --> 00:03:07,520 Speaker 3: theory to bring the court together. All right, let me 64 00:03:07,520 --> 00:03:10,400 Speaker 3: give the rest of Trump's arguments. Fourth argument he makes 65 00:03:11,200 --> 00:03:14,160 Speaker 3: is that Trump did not participate in an insurrection because 66 00:03:14,200 --> 00:03:17,280 Speaker 3: an insurrection, as understood at the time of passage of 67 00:03:17,320 --> 00:03:20,320 Speaker 3: the fourteenth Amendment, means the taking up of arms and 68 00:03:20,360 --> 00:03:23,960 Speaker 3: waging war upon the United States. Now, I think that's 69 00:03:24,040 --> 00:03:27,639 Speaker 3: absolutely correct. I think it's ludicrous to say that Trump 70 00:03:27,680 --> 00:03:30,840 Speaker 3: engaged in an insurrection based on the facts. I also 71 00:03:30,880 --> 00:03:34,400 Speaker 3: do not believe the Supreme Court will conclude that because 72 00:03:34,400 --> 00:03:36,960 Speaker 3: you can't get nine justices for that, and I think 73 00:03:37,000 --> 00:03:40,720 Speaker 3: they will want unanimity, and so they'll say, look, my 74 00:03:40,880 --> 00:03:43,840 Speaker 3: guess is we might get a concurrence from one of 75 00:03:43,840 --> 00:03:48,160 Speaker 3: the more conservative justices saying this clearly was not an insurrection, 76 00:03:49,160 --> 00:03:51,880 Speaker 3: but we might not. And by the way, look, I 77 00:03:51,960 --> 00:03:54,640 Speaker 3: said that there's a sixty to seventy percent chance of 78 00:03:54,640 --> 00:03:58,280 Speaker 3: it being unanimous. That means there's a forty to thirty 79 00:03:58,320 --> 00:04:02,200 Speaker 3: to forty percent chance that the liberal justices just hate 80 00:04:02,200 --> 00:04:04,480 Speaker 3: Trump so much they can't bring themselves to do it. 81 00:04:04,640 --> 00:04:05,960 Speaker 1: And what would that decision look like. 82 00:04:06,000 --> 00:04:07,720 Speaker 2: I mean, would it be one or two that say, hey, 83 00:04:07,960 --> 00:04:09,560 Speaker 2: just for the principle and said, n I know, we're going 84 00:04:09,600 --> 00:04:13,120 Speaker 2: to go seven to here, or even go six ' three. 85 00:04:13,440 --> 00:04:17,640 Speaker 3: Look six ' three would be heartbreaking. It would do 86 00:04:17,720 --> 00:04:20,240 Speaker 3: real day in this country to the Court and to 87 00:04:20,320 --> 00:04:24,280 Speaker 3: the country if it just broke on partisan lines. If 88 00:04:24,320 --> 00:04:28,080 Speaker 3: the three liberal justices dissented and the six more conservative 89 00:04:28,200 --> 00:04:30,480 Speaker 3: justices were in the majority, I think that would be 90 00:04:30,680 --> 00:04:37,359 Speaker 3: terrible for the Court. And I really hope it's not so. 91 00:04:39,279 --> 00:04:43,479 Speaker 3: The fifth argument that Trump made is that the electors 92 00:04:43,600 --> 00:04:48,919 Speaker 3: Clause requires states to appoint presidential electures quote, in such 93 00:04:49,040 --> 00:04:52,240 Speaker 3: matter as the legislature thereof may direct. In other words, 94 00:04:52,320 --> 00:04:57,880 Speaker 3: the courts can't intervene in that. The sixth argument is 95 00:04:57,960 --> 00:05:02,120 Speaker 3: that Section three can not be used to deny a 96 00:05:02,160 --> 00:05:06,240 Speaker 3: candidate access to the ballot. It can only be used 97 00:05:06,320 --> 00:05:11,520 Speaker 3: instead to prevent someone from holding office. So all of 98 00:05:11,560 --> 00:05:16,479 Speaker 3: those are arguments, as I said, and you know it's 99 00:05:16,480 --> 00:05:20,640 Speaker 3: and it's horse by the way, the argument that I 100 00:05:20,720 --> 00:05:27,479 Speaker 3: think will will fly is the argument that it was 101 00:05:27,640 --> 00:05:34,320 Speaker 3: not adequately determined that Trump had participated in insurrection, not 102 00:05:34,440 --> 00:05:38,000 Speaker 3: that there wasn't an insurrection, but that the means of 103 00:05:38,080 --> 00:05:39,240 Speaker 3: ascertaining that. 104 00:05:40,480 --> 00:05:42,240 Speaker 2: While that goes back to Jack Smith and what you're 105 00:05:42,240 --> 00:05:45,560 Speaker 2: talking about, he was never charged, much less convicted, and 106 00:05:45,600 --> 00:05:47,960 Speaker 2: it didn't work its way through the court system. And 107 00:05:48,040 --> 00:05:50,719 Speaker 2: so if you believe that Donald Trump in fact was 108 00:05:50,760 --> 00:05:52,880 Speaker 2: a part of an insurrection, then charge him with it, 109 00:05:53,279 --> 00:05:55,360 Speaker 2: get him convicted of it, then you have that different 110 00:05:55,440 --> 00:05:56,800 Speaker 2: argument goes back to what you were saying at the 111 00:05:56,880 --> 00:05:57,440 Speaker 2: very beginning. 112 00:05:58,560 --> 00:06:01,560 Speaker 3: Yes, and I will say, look, one of the questions 113 00:06:01,960 --> 00:06:06,159 Speaker 3: that will be front and center litigated is whether Section 114 00:06:06,400 --> 00:06:10,600 Speaker 3: three is self executing. Self executing means a provision of 115 00:06:10,640 --> 00:06:13,440 Speaker 3: the Constitution that has force of law, that doesn't need 116 00:06:13,920 --> 00:06:18,320 Speaker 3: Congress to pass legislation to enforce it, and that will 117 00:06:18,360 --> 00:06:26,440 Speaker 3: be actively disputed. And in the Colorado Supreme Court, one 118 00:06:26,480 --> 00:06:29,920 Speaker 3: of the justices, Justice Carlo Samour, dissented on this point. 119 00:06:31,000 --> 00:06:33,320 Speaker 3: And what he said is that the majority opinion of 120 00:06:33,360 --> 00:06:37,479 Speaker 3: Colorado stripped President Trump of due process of the due 121 00:06:37,520 --> 00:06:41,120 Speaker 3: process of law, and he says Section three didn't specify 122 00:06:41,200 --> 00:06:44,400 Speaker 3: the procedures that have to be followed to be determined 123 00:06:44,400 --> 00:06:48,119 Speaker 3: whether someone is engaged insurrection all the Democrats is absurd. 124 00:06:48,200 --> 00:06:51,920 Speaker 3: It's insurrection. It's insurrection, but that hasn't been determined as 125 00:06:51,960 --> 00:06:58,640 Speaker 3: a legal matter, and so Justice Samour concluded the Section 126 00:06:58,720 --> 00:07:03,320 Speaker 3: three is not self executing and requires legislation for enforcement. 127 00:07:03,480 --> 00:07:08,800 Speaker 3: And he argued that the lower courts proceeding in Colorado 128 00:07:10,040 --> 00:07:14,200 Speaker 3: lacked basic discovery, lacked the ability to subpoena documents, lacked 129 00:07:14,240 --> 00:07:18,040 Speaker 3: the ability to compel witnesses, lacked any time frame to 130 00:07:18,120 --> 00:07:22,320 Speaker 3: investigate or developed defenses, and lacked the opportunity for a 131 00:07:22,320 --> 00:07:30,000 Speaker 3: fair trial. And he pointed out that in his view, 132 00:07:30,080 --> 00:07:35,000 Speaker 3: section three cannot be self executing because it doesn't provide 133 00:07:35,040 --> 00:07:38,560 Speaker 3: any procedural guides. For example, Section three the fourteenth Amendment 134 00:07:39,280 --> 00:07:41,720 Speaker 3: is completely silent on whether a jury has to be 135 00:07:41,760 --> 00:07:44,440 Speaker 3: impaneled or not. Can a judge decide it? Or does 136 00:07:44,440 --> 00:07:46,160 Speaker 3: it have to be a jury your peer as well? 137 00:07:46,280 --> 00:07:49,680 Speaker 3: Section three doesn't say it. What's the burden of proof? 138 00:07:50,360 --> 00:07:53,720 Speaker 3: Is it beyond a reasonable doubt? Is clear and convincing evidence? 139 00:07:53,800 --> 00:07:56,000 Speaker 3: Is it simply a preponderance of the evidence. Those are 140 00:07:56,200 --> 00:08:00,280 Speaker 3: very different burdens of proof. Constitution is silence on that. 141 00:08:00,320 --> 00:08:02,880 Speaker 3: What's the standard of review, what's the standard of discovery, 142 00:08:02,880 --> 00:08:05,560 Speaker 3: what's the standard of evidence? Is it a civil determination 143 00:08:05,680 --> 00:08:08,840 Speaker 3: or criminal determination? None of that is there. And so 144 00:08:10,080 --> 00:08:15,040 Speaker 3: what he argues is that Congress could pass legislation to 145 00:08:15,080 --> 00:08:20,440 Speaker 3: adjudicate that. I'm not entirely persuaded on that. What I 146 00:08:20,480 --> 00:08:23,080 Speaker 3: would say is Congress has passed legislation when it's set 147 00:08:23,160 --> 00:08:26,600 Speaker 3: up a criminal statute for insurrection, that there is a 148 00:08:26,680 --> 00:08:30,280 Speaker 3: mechanism and it is a criminal trial. 149 00:08:30,440 --> 00:08:32,800 Speaker 2: And charge him and charge them. And so you go 150 00:08:32,920 --> 00:08:35,800 Speaker 2: back to the very beginning of what you said. No 151 00:08:35,840 --> 00:08:38,079 Speaker 2: one has had the knes to charge them because they 152 00:08:38,120 --> 00:08:39,079 Speaker 2: know they would lose. 153 00:08:39,400 --> 00:08:43,160 Speaker 3: You could not prove the case in court, which is 154 00:08:43,200 --> 00:08:46,480 Speaker 3: why instead you have partisan judges or a partisan Secretary 155 00:08:46,480 --> 00:08:50,319 Speaker 3: of State just asserting it because they believe it is 156 00:08:50,320 --> 00:08:54,199 Speaker 3: a political matter. Now, on our next podcast, what I 157 00:08:54,280 --> 00:08:56,800 Speaker 3: want to walk into and go into is there is 158 00:08:56,840 --> 00:09:02,080 Speaker 3: some history and some Supreme Court history on the Fourteenth 159 00:09:02,080 --> 00:09:04,840 Speaker 3: Amendment in section three right after the Civil War and 160 00:09:04,960 --> 00:09:08,040 Speaker 3: Jefferson Davis in particular. So I'm going to give a 161 00:09:08,120 --> 00:09:10,880 Speaker 3: tease for our next podcast. I'm going to walk through 162 00:09:11,360 --> 00:09:16,200 Speaker 3: what happened with Jefferson Davis under the Fourteenth Amendment Section three. 163 00:09:16,240 --> 00:09:21,040 Speaker 3: But let's be clear, Jefferson Davis, by any measure, engaged 164 00:09:21,080 --> 00:09:26,520 Speaker 3: in dramatically different conduct. Leading the Confederacy and waging war 165 00:09:26,800 --> 00:09:29,720 Speaker 3: with the United States for four years is very different 166 00:09:29,760 --> 00:09:33,240 Speaker 3: from giving a speech telling people to be peaceful and so. 167 00:09:33,480 --> 00:09:39,319 Speaker 3: But there is complicated precedent post Civil War. In the 168 00:09:39,360 --> 00:09:40,800 Speaker 3: next podcast, will dive into that. 169 00:09:40,840 --> 00:09:42,800 Speaker 2: It's going to be very fun. This is why I 170 00:09:42,840 --> 00:09:46,439 Speaker 2: love doing this show. I also will get your political predictions. 171 00:09:46,520 --> 00:09:48,920 Speaker 2: I do want to end with one last thing, just 172 00:09:48,960 --> 00:09:52,200 Speaker 2: so people have that timeline you mentioned earlier. Supreme Court's 173 00:09:52,200 --> 00:09:54,080 Speaker 2: going to hear this When and when do you think 174 00:09:54,120 --> 00:09:55,880 Speaker 2: we'll have a decision from the Supreme Court. 175 00:09:55,960 --> 00:09:59,360 Speaker 3: February eighth is when they hear the oral argument. I 176 00:09:59,400 --> 00:10:01,680 Speaker 3: think we will get a decision quickly. I think it's 177 00:10:01,800 --> 00:10:06,080 Speaker 3: possible it could be within days. I think it will 178 00:10:06,120 --> 00:10:09,600 Speaker 3: be at the very latest by March fifth, which is 179 00:10:09,600 --> 00:10:13,120 Speaker 3: when the Colorado primary is. And my guess is it'll 180 00:10:13,120 --> 00:10:15,320 Speaker 3: be a week or two. That's just It'll be as 181 00:10:15,400 --> 00:10:17,520 Speaker 3: quick as they can write the opinions. But I think 182 00:10:17,600 --> 00:10:20,360 Speaker 3: they will feel an urge to move quickly. 183 00:10:20,920 --> 00:10:23,319 Speaker 2: Now, if you want to hear the rest of this conversation, 184 00:10:23,559 --> 00:10:25,920 Speaker 2: you can go back and listen to the full podcast 185 00:10:26,000 --> 00:10:30,600 Speaker 2: from earlier this week. Now onto story number two. It's 186 00:10:30,640 --> 00:10:33,880 Speaker 2: not shocking, but it certainly is a sobering moment. We 187 00:10:33,960 --> 00:10:36,080 Speaker 2: know we have an open southern border. We know that 188 00:10:36,800 --> 00:10:39,680 Speaker 2: more of people on the terrace watch lists were caught 189 00:10:39,760 --> 00:10:41,959 Speaker 2: last year coming across the southern border in the last 190 00:10:42,040 --> 00:10:45,760 Speaker 2: five years before it combined. And now there's a new 191 00:10:45,800 --> 00:10:49,560 Speaker 2: report coming out from Politico that American intel officials are 192 00:10:49,640 --> 00:10:52,920 Speaker 2: warning of a risk of a HESBLO attack not just 193 00:10:53,200 --> 00:10:56,439 Speaker 2: on US men and women around the world and service 194 00:10:56,440 --> 00:10:59,960 Speaker 2: members and some of our bases, but also a real 195 00:11:00,200 --> 00:11:05,760 Speaker 2: elevated risk at home. Four officials familiar with the intelligence 196 00:11:05,800 --> 00:11:09,960 Speaker 2: have confirmed this to Politico that they're worried about attacks 197 00:11:10,000 --> 00:11:13,400 Speaker 2: here outside of what we've seen from ISIS and al Kada, 198 00:11:13,440 --> 00:11:16,280 Speaker 2: where it's lone wolf type attacks, where they could be 199 00:11:16,400 --> 00:11:19,320 Speaker 2: coming into this country, already in this country and planning 200 00:11:19,320 --> 00:11:20,120 Speaker 2: a major attack. 201 00:11:21,640 --> 00:11:23,960 Speaker 3: Well, I think that's exactly right. And I've said before, 202 00:11:24,040 --> 00:11:27,200 Speaker 3: I think the risk of a major terrorist attack in 203 00:11:27,280 --> 00:11:31,280 Speaker 3: twenty twenty four is greater than it has been at 204 00:11:31,360 --> 00:11:34,800 Speaker 3: any time since September eleventh, two thousand and one. 205 00:11:35,720 --> 00:11:37,600 Speaker 1: That we have right. 206 00:11:37,440 --> 00:11:40,040 Speaker 3: Down number one, a war the Middle East. In Israel, 207 00:11:41,320 --> 00:11:46,800 Speaker 3: Hamas and Hesbela have called upon their terrorists to wage 208 00:11:46,880 --> 00:11:51,400 Speaker 3: jahad not just against Israel but against America. And we 209 00:11:51,520 --> 00:11:53,679 Speaker 3: have an open border on our southern border due to 210 00:11:53,720 --> 00:11:58,880 Speaker 3: Joe Biden the Democrats, nine point six million people have 211 00:11:59,000 --> 00:12:02,440 Speaker 3: crossed illegally in this country under Joe Biden. When I 212 00:12:02,480 --> 00:12:04,360 Speaker 3: was last down on the southern border, I'm down there 213 00:12:04,400 --> 00:12:08,000 Speaker 3: a lot. Multiple border patrol agents told me they were 214 00:12:08,280 --> 00:12:12,880 Speaker 3: deeply concerned about the risk of Hamas terrorists and Hesbela 215 00:12:13,000 --> 00:12:16,560 Speaker 3: terrorists crossing the border because Joe Biden, it continues to 216 00:12:16,600 --> 00:12:18,800 Speaker 3: be an open border to this day. They could be 217 00:12:18,840 --> 00:12:22,520 Speaker 3: crossing right now as we are speaking, Hamas and Hesbela 218 00:12:22,600 --> 00:12:28,040 Speaker 3: terrists could be crossing in. And what is so frustrating 219 00:12:28,160 --> 00:12:32,440 Speaker 3: is if you were a Hamas commander, Ben, you would 220 00:12:32,520 --> 00:12:37,560 Speaker 3: send terrorists in. It's a glaring vulnerability that Joe Biden 221 00:12:37,600 --> 00:12:40,760 Speaker 3: the Democrats don't care to solve. So this political article 222 00:12:40,760 --> 00:12:45,640 Speaker 3: that just came out quoted a senior US intelligence official 223 00:12:45,720 --> 00:12:48,960 Speaker 3: is saying, and this is a quote Hesbela could draw 224 00:12:49,000 --> 00:12:52,360 Speaker 3: on the capability they have to put people in places 225 00:12:52,400 --> 00:12:55,880 Speaker 3: to do something. It is something to be worried about, 226 00:12:56,440 --> 00:13:00,720 Speaker 3: said the official. And this is consist st with We 227 00:13:00,800 --> 00:13:04,800 Speaker 3: did a previous podcast where we read the memo that 228 00:13:04,840 --> 00:13:07,839 Speaker 3: Customs and Border Patrol had sent to border patrol agents 229 00:13:07,880 --> 00:13:11,600 Speaker 3: saying be on particular guard for Hamas and Hesbala terrorists 230 00:13:11,640 --> 00:13:16,800 Speaker 3: and also Palestinian Islamic Jehad terrorists trying to cross the border. 231 00:13:16,920 --> 00:13:21,160 Speaker 3: And it is astonishing to me that even in the 232 00:13:21,160 --> 00:13:25,359 Speaker 3: face of that risk, which suddenly the FBI is publicly acknowledging. 233 00:13:25,400 --> 00:13:27,640 Speaker 3: We're six months ago, they were not acknowledging it, they 234 00:13:27,640 --> 00:13:31,559 Speaker 3: are now, And what that tells me is the classified 235 00:13:31,600 --> 00:13:35,520 Speaker 3: intel is even worse than what we know in public. 236 00:13:36,000 --> 00:13:38,720 Speaker 2: You know, you don't have to leap very far to 237 00:13:38,800 --> 00:13:41,120 Speaker 2: get from point A to point B on something as 238 00:13:41,160 --> 00:13:44,880 Speaker 2: simplistic of Hey, if you are a terrorist organization, are 239 00:13:44,920 --> 00:13:47,080 Speaker 2: you going to take the risk of putting people that 240 00:13:47,120 --> 00:13:49,440 Speaker 2: can be on the terrorists watch list on airplanes and 241 00:13:49,480 --> 00:13:51,640 Speaker 2: try to get them into the country that way? Or 242 00:13:51,640 --> 00:13:53,120 Speaker 2: are you just going to get them to come across 243 00:13:53,120 --> 00:13:56,280 Speaker 2: the southern open border when there's millions of people that 244 00:13:56,320 --> 00:13:59,480 Speaker 2: have already it's worked successfully for You know that if 245 00:13:59,559 --> 00:14:01,560 Speaker 2: you are not on the watch list and they catch you, 246 00:14:01,679 --> 00:14:04,160 Speaker 2: about eighty plus percent of your being released into the 247 00:14:04,160 --> 00:14:06,840 Speaker 2: interior of this country. And if you want to be 248 00:14:06,880 --> 00:14:09,880 Speaker 2: one of the godaways, it's not that hard. You've witnessed 249 00:14:09,880 --> 00:14:13,319 Speaker 2: it firsthand at the southern border. And yet this administration 250 00:14:13,520 --> 00:14:16,640 Speaker 2: refuses to admit that's a national security risk. And I 251 00:14:16,679 --> 00:14:19,680 Speaker 2: think even now if you ask them, they would refuse 252 00:14:19,760 --> 00:14:24,160 Speaker 2: to acknowledge the existence of a real terrorist threat because 253 00:14:24,160 --> 00:14:26,640 Speaker 2: of an open southern border. And you got to ask 254 00:14:26,680 --> 00:14:29,360 Speaker 2: yourself at that point, like what does it take for 255 00:14:29,400 --> 00:14:30,920 Speaker 2: them to get their heads out of the rear end? 256 00:14:30,960 --> 00:14:34,880 Speaker 2: Senator and understand This isn't just about an open border 257 00:14:34,960 --> 00:14:39,600 Speaker 2: a border policy, this is about a national security policy 258 00:14:39,640 --> 00:14:40,080 Speaker 2: as well. 259 00:14:41,400 --> 00:14:45,320 Speaker 3: Now, look, that's exactly right. You know. Christy Abazide, who 260 00:14:45,360 --> 00:14:48,480 Speaker 3: is the director of the National counter Terrorism Center, said 261 00:14:48,560 --> 00:14:52,320 Speaker 3: during a congressional hearing on October Here's what she said, quote, 262 00:14:52,880 --> 00:14:58,040 Speaker 3: Iran Hezbolah and their linked proxies are trying to calibrate 263 00:14:58,040 --> 00:15:01,800 Speaker 3: their activity, avoiding that would open up a concerted second 264 00:15:01,800 --> 00:15:05,200 Speaker 3: front with the United States or Israel, while still exacting 265 00:15:05,280 --> 00:15:08,200 Speaker 3: costs in the midst of the current conflict. This is 266 00:15:08,240 --> 00:15:10,760 Speaker 3: a very fine line to walk, and in the present 267 00:15:10,840 --> 00:15:16,520 Speaker 3: regional context, their actions carry the potential for miscalculation. This 268 00:15:16,600 --> 00:15:21,800 Speaker 3: is what they're admitting. Here's what Anthony Blink and the 269 00:15:21,800 --> 00:15:24,560 Speaker 3: Secretary of State said, quote this is a moment of 270 00:15:24,600 --> 00:15:27,960 Speaker 3: profound tension in the region. This is a conflict that 271 00:15:28,080 --> 00:15:33,440 Speaker 3: could easily metastasize. And yet even as they're admitting that 272 00:15:33,480 --> 00:15:36,400 Speaker 3: they're not willing to secure the border. Here's what Chris 273 00:15:36,480 --> 00:15:39,880 Speaker 3: Ray said in a congressional hearing on November fifteenth. Quote 274 00:15:40,440 --> 00:15:43,400 Speaker 3: the arrest of individuals in the United States allegedly linked 275 00:15:43,440 --> 00:15:48,240 Speaker 3: to Hesbela's main overseas terrorist arm and their intelligence collection 276 00:15:48,360 --> 00:15:53,520 Speaker 3: and procurement efforts demonstrate Hesbelah's interests in the long term 277 00:15:53,880 --> 00:15:59,080 Speaker 3: contingency planning activities here in the homeland. And none of 278 00:15:59,080 --> 00:16:04,400 Speaker 3: this is persuasive to Joe Biden, or Kamala Harris or 279 00:16:04,440 --> 00:16:08,240 Speaker 3: Alejandro Majorcis or any of the congressional Democrats who are 280 00:16:08,320 --> 00:16:12,680 Speaker 3: all willing to turn a blind eye and say, right now, today, 281 00:16:12,920 --> 00:16:15,000 Speaker 3: whenever you're listening to this podcast, if you're listening to 282 00:16:15,040 --> 00:16:18,200 Speaker 3: this podcast at six in the morning, if you're listening 283 00:16:18,240 --> 00:16:20,720 Speaker 3: to this podcast at noon, if you're listening to this 284 00:16:20,800 --> 00:16:22,800 Speaker 3: podcast at six pm, or if you're listening to this 285 00:16:22,840 --> 00:16:27,720 Speaker 3: podcast at midnight, whatever time you're listening to it, right now, 286 00:16:28,520 --> 00:16:31,720 Speaker 3: there are people crossing illegally into this country, and the 287 00:16:31,760 --> 00:16:34,680 Speaker 3: Biden administration is doing nothing to stop them. In the 288 00:16:34,760 --> 00:16:39,520 Speaker 3: last three years, there have been over two million god Aways. 289 00:16:39,560 --> 00:16:42,720 Speaker 3: Those are people that have evaded capture. We know about them, 290 00:16:43,040 --> 00:16:46,120 Speaker 3: but they didn't turn themselves in, whereas the bulk of 291 00:16:46,160 --> 00:16:48,240 Speaker 3: the people who came did turn themselves in. The god 292 00:16:48,240 --> 00:16:50,360 Speaker 3: Aways are the most dangerous. You want to know where 293 00:16:50,360 --> 00:16:52,920 Speaker 3: the terrorists are, they're the god Aways. You want to 294 00:16:52,920 --> 00:16:55,640 Speaker 3: know where the criminals are, They're the god aways, the murderers, 295 00:16:55,680 --> 00:16:57,440 Speaker 3: the rapists, they're the god aways. You want to know 296 00:16:57,480 --> 00:17:00,800 Speaker 3: where the gang members, the MS thirteen are the godaways? 297 00:17:01,120 --> 00:17:04,040 Speaker 3: And I don't know what it will take to get 298 00:17:04,040 --> 00:17:09,200 Speaker 3: this administration to actually step up and say we're going 299 00:17:09,240 --> 00:17:11,439 Speaker 3: to keep the American people safe from. 300 00:17:11,359 --> 00:17:13,840 Speaker 1: A terror attack? Is it arrogance? 301 00:17:13,960 --> 00:17:17,000 Speaker 2: Last question on this, is it arrogance that you know, oh, 302 00:17:17,200 --> 00:17:22,560 Speaker 2: we know better because there is a younger age that 303 00:17:22,680 --> 00:17:24,679 Speaker 2: is serving in the House now than we've seen that 304 00:17:24,760 --> 00:17:28,200 Speaker 2: maybe doesn't understand or remember truly what happened on nine 305 00:17:28,200 --> 00:17:30,719 Speaker 2: to eleven. Is it an arrogance of the Democratic Party 306 00:17:31,080 --> 00:17:33,320 Speaker 2: that they just don't care about history in the past. 307 00:17:33,359 --> 00:17:36,960 Speaker 2: I mean, I remember nine to eleven like it was yesterday. 308 00:17:37,160 --> 00:17:39,879 Speaker 2: I know you do as well, and many Americans do. 309 00:17:40,359 --> 00:17:42,680 Speaker 2: And when you hear this type of threat, you can 310 00:17:42,720 --> 00:17:45,040 Speaker 2: imagine it because you've lived through nine to eleven. You 311 00:17:45,080 --> 00:17:48,280 Speaker 2: can imagine what it looks like when you allow Hasbala 312 00:17:48,400 --> 00:17:51,440 Speaker 2: terrorists to come across the southern border and what they 313 00:17:51,520 --> 00:17:53,960 Speaker 2: can do if they are well trained, which they are, 314 00:17:54,640 --> 00:17:56,399 Speaker 2: and if they can get their hands on what they 315 00:17:56,440 --> 00:17:59,200 Speaker 2: need to carry out a significant tearist attack. And I said, 316 00:17:59,200 --> 00:18:01,920 Speaker 2: here and go, how do you not remember nine to eleven? 317 00:18:02,640 --> 00:18:04,120 Speaker 2: Where is the disconnect here? 318 00:18:04,760 --> 00:18:07,440 Speaker 3: Well, look for one thing, nine to eleven was twenty 319 00:18:07,480 --> 00:18:10,320 Speaker 3: two years ago. Twenty two years ago is a long time. 320 00:18:11,600 --> 00:18:14,040 Speaker 3: You and I. Although we think we're spring chickens, we're 321 00:18:14,040 --> 00:18:17,800 Speaker 3: not anymore. You're in your forties, I'm in my fifties. 322 00:18:18,680 --> 00:18:20,280 Speaker 3: There are a lot of people. There is not a 323 00:18:20,320 --> 00:18:23,560 Speaker 3: single college kid who remembers nine to eleven. There are 324 00:18:23,600 --> 00:18:26,320 Speaker 3: a lot of people in their thirties who nine to 325 00:18:26,359 --> 00:18:31,000 Speaker 3: eleven is a distant memory from their childhood. And look, 326 00:18:31,080 --> 00:18:33,159 Speaker 3: I get it, you know, for me, I think about 327 00:18:33,200 --> 00:18:35,720 Speaker 3: like Pearl Harbor. I know about Pearl Harbor. It's a 328 00:18:35,760 --> 00:18:38,879 Speaker 3: horrible day in history. It's a horrible day in US history. 329 00:18:38,960 --> 00:18:43,320 Speaker 3: But do I have a personal emotional reaction to Pearl Harbor. No, 330 00:18:43,800 --> 00:18:46,440 Speaker 3: it happened long before I was born, so it's kind 331 00:18:46,480 --> 00:18:48,880 Speaker 3: of I've read about it, but I didn't live through it. 332 00:18:49,280 --> 00:18:52,640 Speaker 3: So there is a dynamic that many people in America 333 00:18:52,720 --> 00:18:55,160 Speaker 3: were getting far enough beyond nine to eleven that many 334 00:18:55,160 --> 00:18:59,439 Speaker 3: people don't have a personal acute memory. And then I 335 00:18:59,480 --> 00:19:03,840 Speaker 3: think beyond that, what has happened is that we've seen 336 00:19:03,960 --> 00:19:10,080 Speaker 3: the Democrat Party in Washington radicalized and it's been happening 337 00:19:10,119 --> 00:19:14,639 Speaker 3: for a while. Barack Obama started this process of radicalizing it, 338 00:19:14,720 --> 00:19:19,040 Speaker 3: and then Trump becoming president broke their brains. They hate 339 00:19:19,040 --> 00:19:24,399 Speaker 3: Trump so much that I actually just think they've convinced 340 00:19:24,440 --> 00:19:31,200 Speaker 3: themselves that anything is justified fighting Trump, and the result 341 00:19:31,280 --> 00:19:35,600 Speaker 3: of it is that they're embracing radical policies. And because 342 00:19:35,720 --> 00:19:42,159 Speaker 3: the press, Trump broke the press, the media doesn't report 343 00:19:42,160 --> 00:19:47,200 Speaker 3: on this, and so the Democrats are radicalized because they 344 00:19:47,240 --> 00:19:50,040 Speaker 3: know they will never be asked back home about the 345 00:19:50,080 --> 00:19:51,680 Speaker 3: extreme policies they're supporting. 346 00:19:52,280 --> 00:19:54,240 Speaker 2: As before, If you want to hear the rest of 347 00:19:54,240 --> 00:19:57,119 Speaker 2: this conversation on this topic, you can go back and 348 00:19:57,200 --> 00:19:59,600 Speaker 2: dow the podcast from earlier this week to hear the 349 00:19:59,720 --> 00:20:03,679 Speaker 2: entire thing. I want to get back to the big story, 350 00:20:03,800 --> 00:20:06,320 Speaker 2: number three of the week. You may have missed one 351 00:20:06,359 --> 00:20:09,040 Speaker 2: other question I want to ask you about this case 352 00:20:09,200 --> 00:20:12,680 Speaker 2: moving forward. You predicted that this is going to be 353 00:20:12,760 --> 00:20:18,000 Speaker 2: probably a very stern Supreme Court on this issue with Colorado. 354 00:20:19,280 --> 00:20:22,040 Speaker 2: As your mind changed at all since we did part 355 00:20:22,119 --> 00:20:24,280 Speaker 2: one on that, I mean, you're back in DC. You've 356 00:20:24,280 --> 00:20:27,280 Speaker 2: seen I guess, more of the press reaction. You've seen 357 00:20:27,280 --> 00:20:30,360 Speaker 2: more of the reaction in Washington. Do you still think 358 00:20:30,400 --> 00:20:32,520 Speaker 2: that the Supreme Court is eager to not only take 359 00:20:32,560 --> 00:20:35,879 Speaker 2: us up, but also to say, hey, you can't in America. 360 00:20:36,200 --> 00:20:38,760 Speaker 2: In the United States of America right now, we let 361 00:20:38,800 --> 00:20:42,320 Speaker 2: the people decide. We don't let people, you know, dictate 362 00:20:42,400 --> 00:20:43,800 Speaker 2: who you can and can't vote for. 363 00:20:44,600 --> 00:20:46,800 Speaker 3: So let me say, I wouldn't say eager is the 364 00:20:46,880 --> 00:20:51,040 Speaker 3: right adjective. They're not eager. The Court would love to 365 00:20:51,080 --> 00:20:52,879 Speaker 3: stay out of this. They don't want to be involved 366 00:20:52,920 --> 00:20:55,840 Speaker 3: in this presidential election. They want to stay out of it. 367 00:20:56,600 --> 00:20:59,639 Speaker 3: But once Colorado ruled that they were pulling Trump off 368 00:20:59,640 --> 00:21:02,840 Speaker 3: the ballot, the Court had to get in. And I 369 00:21:02,960 --> 00:21:08,119 Speaker 3: actually think every justice recognized, Okay, we've got a responsibility. 370 00:21:08,119 --> 00:21:11,919 Speaker 3: We can't duck this. We've got to resolve this, because 371 00:21:11,960 --> 00:21:16,200 Speaker 3: this is the court exists to resolve the most important 372 00:21:16,280 --> 00:21:20,080 Speaker 3: legal issues in the country, particularly concerning the constitution, and 373 00:21:20,280 --> 00:21:24,600 Speaker 3: whether you will allow the voters to vote for a 374 00:21:24,680 --> 00:21:28,280 Speaker 3: candidate for president is right at the top of it. 375 00:21:28,359 --> 00:21:32,600 Speaker 3: Is difficult to imagine a more consequential constitutional issue than that. 376 00:21:33,200 --> 00:21:36,119 Speaker 3: And so I think every justice recognized, even though they 377 00:21:36,119 --> 00:21:39,600 Speaker 3: didn't want to be in this, they had a responsibility 378 00:21:39,600 --> 00:21:42,080 Speaker 3: and they really had no choice. Now, I also believe 379 00:21:42,160 --> 00:21:47,000 Speaker 3: the odds are overwhelming, close to one hundred percent that 380 00:21:47,160 --> 00:21:50,439 Speaker 3: the Supreme Court will reverse the Colorado Supreme Court. I 381 00:21:50,560 --> 00:21:55,000 Speaker 3: just I do not believe they are going to allow 382 00:21:55,720 --> 00:21:58,240 Speaker 3: one of the two major parties candidates for president to 383 00:21:58,280 --> 00:22:00,000 Speaker 3: be removed from the ballot and to tell the vot 384 00:22:00,040 --> 00:22:03,399 Speaker 3: voters you don't get to decide who the president is. 385 00:22:03,440 --> 00:22:09,440 Speaker 3: That is contrary to democracy. It is an assault on democracy. Ironically, 386 00:22:10,000 --> 00:22:16,240 Speaker 3: while Joe Biden is prancing around and proclaiming his defense 387 00:22:16,280 --> 00:22:20,120 Speaker 3: for democracy, he and the Democrats and the media are 388 00:22:20,200 --> 00:22:24,040 Speaker 3: trying to utterly frustrate democracy and stop the voters from 389 00:22:24,080 --> 00:22:27,160 Speaker 3: voting for their opponents. I think the Court is going 390 00:22:27,200 --> 00:22:31,800 Speaker 3: to easily reverse it, and I desperately hope. I got 391 00:22:31,840 --> 00:22:33,960 Speaker 3: to say, there are very few things I have hoped 392 00:22:34,000 --> 00:22:39,080 Speaker 3: for more passionately that I can recall than that. I 393 00:22:39,119 --> 00:22:41,520 Speaker 3: hope that this is unanimous. If it's six ' three, 394 00:22:42,520 --> 00:22:45,240 Speaker 3: if it's the Conservatives voting to reverse and the liberals 395 00:22:45,320 --> 00:22:49,080 Speaker 3: voting to affirm, that is bad for the Supreme Court. 396 00:22:49,080 --> 00:22:50,800 Speaker 3: It is bad for the country. It is bad for 397 00:22:50,840 --> 00:22:56,280 Speaker 3: the rule of law. It will cement the perception that 398 00:22:56,320 --> 00:22:59,399 Speaker 3: the Court is a political body. And that is disastrous 399 00:22:59,440 --> 00:23:03,919 Speaker 3: for the Court. I am certain that there is no 400 00:23:04,080 --> 00:23:07,040 Speaker 3: human being on the planet that feels that urgency more 401 00:23:07,080 --> 00:23:10,120 Speaker 3: intensely than Chief Justice John Roberts. I know John Roberts 402 00:23:10,240 --> 00:23:13,159 Speaker 3: very very well. We've been friends for thirty years. He 403 00:23:13,320 --> 00:23:19,720 Speaker 3: cares exquisitely about the legitimacy of the Supreme Court, and 404 00:23:19,760 --> 00:23:21,760 Speaker 3: so I think the Chief Justice is going to bed 405 00:23:21,800 --> 00:23:27,119 Speaker 3: over backwards to find any theory that would produce a 406 00:23:27,280 --> 00:23:29,560 Speaker 3: unanimous decision. There are lots of theories he could do. 407 00:23:30,000 --> 00:23:34,320 Speaker 3: The one I find most persuasive the one if I 408 00:23:34,400 --> 00:23:37,959 Speaker 3: had if Trump had offered me the Scalia seat and 409 00:23:38,000 --> 00:23:40,359 Speaker 3: I'd gotten the nomination in the place of Gorsa to 410 00:23:40,400 --> 00:23:42,359 Speaker 3: the Saiate. He confirmed me if I were a justice. 411 00:23:43,160 --> 00:23:46,160 Speaker 3: The theory that I would be inclined to agree with 412 00:23:47,600 --> 00:23:50,000 Speaker 3: is what I laid out on the last podcast, which 413 00:23:50,040 --> 00:23:56,640 Speaker 3: is it is absolutely true and I think correct that 414 00:23:57,600 --> 00:24:03,199 Speaker 3: if an individual engages in insurrection, they're not eligible to 415 00:24:03,240 --> 00:24:08,400 Speaker 3: be elected to federal office. I'm convinced of that. However, 416 00:24:09,720 --> 00:24:13,720 Speaker 3: what is not clear is how you determine whether someone 417 00:24:14,200 --> 00:24:18,160 Speaker 3: quote engaged in insurrection. As I described in the last podcast, 418 00:24:18,760 --> 00:24:22,000 Speaker 3: the Civil War was indisputably an insurrection. No one can 419 00:24:22,080 --> 00:24:25,080 Speaker 3: dispute that we had a four year war with six 420 00:24:25,200 --> 00:24:29,639 Speaker 3: hundred thousand dead Americans like it was. It is why 421 00:24:29,720 --> 00:24:32,159 Speaker 3: the Fourteenth Amendment, Section three was passed. It was in 422 00:24:32,200 --> 00:24:35,040 Speaker 3: response to the Civil War. It is the embodiment of 423 00:24:35,080 --> 00:24:39,720 Speaker 3: an insurrection. There is a real and acute debate over 424 00:24:40,160 --> 00:24:45,000 Speaker 3: whether what occurred on January sixth, twenty twenty one constitute 425 00:24:45,040 --> 00:24:47,120 Speaker 3: an insurrection. I think the answer is easy. I think 426 00:24:47,119 --> 00:24:49,240 Speaker 3: the answer is hell no. I don't think it remotely 427 00:24:49,280 --> 00:24:52,720 Speaker 3: reaches that level. But there are those who disagree. I 428 00:24:52,720 --> 00:24:56,119 Speaker 3: will acknowledge there's disagreement with almost every damned Democrat in 429 00:24:56,160 --> 00:25:02,080 Speaker 3: all the media. They say routine the insurrection, insurrection, and insurrection. However, 430 00:25:02,280 --> 00:25:08,320 Speaker 3: the constitutional question is how do you determine that someone 431 00:25:08,400 --> 00:25:12,200 Speaker 3: has engaged in an insurrection in the Civil War? Since 432 00:25:12,280 --> 00:25:15,200 Speaker 3: nobody disputed the Civil War was an insurrection, the only 433 00:25:15,280 --> 00:25:17,320 Speaker 3: question did you engage in it? So if you put 434 00:25:17,359 --> 00:25:20,800 Speaker 3: on a Confederate uniform, if you had stars stars on 435 00:25:20,840 --> 00:25:25,160 Speaker 3: your shoulder, you were guilty. Like that, it was easy 436 00:25:25,240 --> 00:25:28,000 Speaker 3: to determine whether you fell into that disqualification. 437 00:25:28,280 --> 00:25:30,200 Speaker 1: Yeah, it was. It was as simple as you could 438 00:25:30,200 --> 00:25:31,119 Speaker 1: make it at that point. 439 00:25:31,320 --> 00:25:34,840 Speaker 3: Yeah, there was no one disputed the Civil War was 440 00:25:34,880 --> 00:25:38,440 Speaker 3: an insurrection, and I'm not aware of anyone that disputed 441 00:25:38,480 --> 00:25:40,800 Speaker 3: if someone was in fact a Confederate officer. I don't 442 00:25:40,800 --> 00:25:42,879 Speaker 3: know have anyone that said, no, no, I wasn't a Confederate officer. 443 00:25:42,960 --> 00:25:47,240 Speaker 3: Like the two pieces were admitted, and so there was 444 00:25:47,320 --> 00:25:54,080 Speaker 3: no meaningful factual dispute here. There is a reason that 445 00:25:54,440 --> 00:25:58,359 Speaker 3: Jack Smith and every other prosecutor, that left wing prosecutor 446 00:25:58,400 --> 00:26:01,200 Speaker 3: that hates Donald Trump, that no, no buddy has charged 447 00:26:01,560 --> 00:26:04,680 Speaker 3: Trump with the crime of insurrection because you couldn't remotely 448 00:26:05,320 --> 00:26:09,120 Speaker 3: prove that. The facts don't demonstrate it. And so I 449 00:26:09,240 --> 00:26:12,919 Speaker 3: think the theory of the Supreme Court will say, and 450 00:26:13,000 --> 00:26:16,120 Speaker 3: I predicted a sentence from Look when this comes down, 451 00:26:16,200 --> 00:26:18,400 Speaker 3: and I think it'll come down, it'll be argued February eighth. 452 00:26:18,400 --> 00:26:23,520 Speaker 3: I'm going to predict it comes down February nineteenth. I'm 453 00:26:23,520 --> 00:26:25,200 Speaker 3: just pulling a date out. It will be some time 454 00:26:25,240 --> 00:26:27,640 Speaker 3: between February eighth and March fourth. I'm pulling a date 455 00:26:27,680 --> 00:26:31,120 Speaker 3: out of the air saying February nineteenth. When it comes down, 456 00:26:31,160 --> 00:26:35,000 Speaker 3: I'm predicting right now, there will be a sentence we 457 00:26:35,119 --> 00:26:39,800 Speaker 3: express no opinion over whether the events of January sixth, 458 00:26:39,840 --> 00:26:45,800 Speaker 3: twenty twenty one constitute an insurrection or not. However, in 459 00:26:45,920 --> 00:26:50,040 Speaker 3: order for the Fourteenth Amendment prohibition to apply, there needs 460 00:26:50,080 --> 00:26:54,480 Speaker 3: to be a conclusive determination that it was at insurrection. 461 00:26:55,560 --> 00:27:00,119 Speaker 3: And for those who urge Trump should be ineligible, or 462 00:27:00,160 --> 00:27:02,920 Speaker 3: the Biden Department of Justice, which has urged Trump should 463 00:27:02,960 --> 00:27:06,399 Speaker 3: be ineligible, they have a path to prove that case, 464 00:27:06,440 --> 00:27:10,160 Speaker 3: which is to charge him with insurrection and convict him 465 00:27:10,160 --> 00:27:12,920 Speaker 3: and obtain a final judgment that he is guilty of insurrection. 466 00:27:13,000 --> 00:27:16,200 Speaker 3: If they do so, he will be ineligible for office. 467 00:27:16,200 --> 00:27:21,120 Speaker 3: But they have not done so. And accordingly, this decision 468 00:27:21,160 --> 00:27:25,879 Speaker 3: should not be made by judges in Colorado or a 469 00:27:26,000 --> 00:27:30,719 Speaker 3: partisan unelected secretary of State in Maine, but rather the 470 00:27:30,720 --> 00:27:32,800 Speaker 3: decision of the next president should be made by the 471 00:27:32,880 --> 00:27:37,080 Speaker 3: voters and the American people. I think that that's what 472 00:27:37,119 --> 00:27:39,760 Speaker 3: I would rule if I were a justice. That is 473 00:27:39,800 --> 00:27:42,880 Speaker 3: the sort of opinion I would write. And my hope 474 00:27:42,920 --> 00:27:49,280 Speaker 3: is I really hope the liberal justices are not infected 475 00:27:49,320 --> 00:27:52,199 Speaker 3: by Trump derangement syndrome, like so many Democrats are, that 476 00:27:52,280 --> 00:27:55,840 Speaker 3: they recognize the damage to the court if they make 477 00:27:55,880 --> 00:27:59,880 Speaker 3: this a partisan decision, will be historic and a rep 478 00:28:00,359 --> 00:28:01,520 Speaker 3: so I pray they don't do that. 479 00:28:02,200 --> 00:28:05,480 Speaker 2: As always, thank you for listening to Verdict with Center, 480 00:28:05,560 --> 00:28:07,959 Speaker 2: Ted Cruz Ben Ferguson with you don't forget to deal 481 00:28:08,080 --> 00:28:10,320 Speaker 2: with my podcast and you can listen to my podcasts 482 00:28:10,320 --> 00:28:12,320 Speaker 2: every other day you're not listening to Verdict or each 483 00:28:12,359 --> 00:28:14,800 Speaker 2: day when you listen to Verdict. Afterwards, I'd love to 484 00:28:14,840 --> 00:28:17,400 Speaker 2: have you as a listener to again the Ben Ferguson 485 00:28:17,440 --> 00:28:20,439 Speaker 2: podcasts and we will see you back here on Monday morning.