1 00:00:00,400 --> 00:00:03,520 Speaker 1: The media have declared Joe Biden the winner of the 2 00:00:03,560 --> 00:00:08,440 Speaker 1: twenty twenty presidential election. But under our constitutional system, it 3 00:00:08,480 --> 00:00:11,280 Speaker 1: turns out that the media don't actually get to pick 4 00:00:11,640 --> 00:00:15,320 Speaker 1: who the president is. Fortunately, we are joined by a 5 00:00:15,400 --> 00:00:19,560 Speaker 1: constitutional expert, somebody who knows a lot about elections. He 6 00:00:19,600 --> 00:00:22,759 Speaker 1: will help us understand the nitty gritty and who, in 7 00:00:22,840 --> 00:00:25,840 Speaker 1: fact will be the president. This is a verdict with 8 00:00:25,880 --> 00:00:35,040 Speaker 1: Ted Cruz. Welcome back to Verdicts with Ted Cruz. I 9 00:00:35,040 --> 00:00:39,639 Speaker 1: am Michael Knowles, Senator. I am no constitutional expert. I 10 00:00:39,680 --> 00:00:41,839 Speaker 1: did not go to law school, but I think I 11 00:00:41,880 --> 00:00:44,720 Speaker 1: am right in saying this. The media don't get to 12 00:00:44,720 --> 00:00:48,720 Speaker 1: pick the president, right, thankfully, although lord knows they're trying. 13 00:00:50,040 --> 00:00:52,800 Speaker 1: It is the voters who decide. And you know, I 14 00:00:52,840 --> 00:00:56,000 Speaker 1: got to say so. You and I are filming this 15 00:00:56,160 --> 00:01:00,240 Speaker 1: on Tuesday night. Election Day was a week ago. We 16 00:01:00,280 --> 00:01:04,280 Speaker 1: haven't done a podcast since before election Day. I kind 17 00:01:04,280 --> 00:01:08,919 Speaker 1: of feel like Thomas Jefferson in the musical Hamilton coming 18 00:01:08,959 --> 00:01:14,560 Speaker 1: back saying so what did I miss? Like, Holy crap, 19 00:01:14,840 --> 00:01:19,959 Speaker 1: what a week this has been. There's never been a 20 00:01:19,959 --> 00:01:26,080 Speaker 1: week like this in politics, in media, in life, and 21 00:01:27,120 --> 00:01:32,280 Speaker 1: the consequence for the nation are enormous. You know, we've 22 00:01:32,280 --> 00:01:35,240 Speaker 1: gotten a lot of messages of people asking why didn't 23 00:01:35,240 --> 00:01:37,240 Speaker 1: you do an episode during the election or the day 24 00:01:37,240 --> 00:01:40,800 Speaker 1: after the election. And I think people sometimes forget you 25 00:01:40,840 --> 00:01:42,880 Speaker 1: are a sitting US senator. You know, you do have 26 00:01:42,880 --> 00:01:46,240 Speaker 1: a pretty busy schedule, and the events have been changing 27 00:01:46,280 --> 00:01:50,080 Speaker 1: in real time. Obviously, on election night, you had certain 28 00:01:50,120 --> 00:01:54,680 Speaker 1: cable networks calling Arizona, for instance, for Joe Biden. Then 29 00:01:54,720 --> 00:01:56,760 Speaker 1: it seems like people were walking that back. Now it 30 00:01:56,760 --> 00:01:59,560 Speaker 1: seems unclear who's going to get Arizona. You had a 31 00:01:59,600 --> 00:02:03,040 Speaker 1: lot of vote coming really late in Pennsylvania, in Wisconsin 32 00:02:03,040 --> 00:02:08,160 Speaker 1: and Michigan, you had the polls counting stopping just at 33 00:02:08,200 --> 00:02:10,359 Speaker 1: ten o'clock at night, and then it was supposed to 34 00:02:10,440 --> 00:02:12,480 Speaker 1: not resume until the morning. Other reports that resumed in 35 00:02:12,520 --> 00:02:17,440 Speaker 1: the middle of the night. There's just so much disinformation, misinformation, 36 00:02:17,600 --> 00:02:21,800 Speaker 1: and on the legal front, obviously, there are so many questions. 37 00:02:21,800 --> 00:02:24,560 Speaker 1: So I know you have been through this actually before. 38 00:02:24,720 --> 00:02:27,520 Speaker 1: You were a lawyer on President George W. Bush's team 39 00:02:27,800 --> 00:02:30,440 Speaker 1: during the Florida recount and the questions of the two 40 00:02:30,480 --> 00:02:34,440 Speaker 1: thousand presidential election. What are we looking at here in 41 00:02:34,560 --> 00:02:38,200 Speaker 1: terms of President's Trump's chances for a second term in 42 00:02:38,320 --> 00:02:42,200 Speaker 1: terms of the ability to find fraud in Philadelphia, for instance. 43 00:02:42,560 --> 00:02:45,080 Speaker 1: Where are we on the legal front. Well, I'll start 44 00:02:45,080 --> 00:02:49,400 Speaker 1: with a radical proposition, which is that elections are decided 45 00:02:51,080 --> 00:02:54,519 Speaker 1: when the results have been counted and the legal proceedings 46 00:02:54,520 --> 00:02:59,119 Speaker 1: are over that that didn't used to be a controversial proposition. 47 00:03:00,919 --> 00:03:04,600 Speaker 1: You know, think back to election night. I was here 48 00:03:04,600 --> 00:03:08,280 Speaker 1: in Houston, was an election party with a number of friends. 49 00:03:08,440 --> 00:03:13,200 Speaker 1: That night was a great night. Republicans were winning, We 50 00:03:13,200 --> 00:03:16,760 Speaker 1: were winning the Senate, we were winning House seats, and 51 00:03:17,200 --> 00:03:21,680 Speaker 1: President Trump was winning re election. Early on Florida was 52 00:03:21,680 --> 00:03:24,200 Speaker 1: called for the president. Early on Ohio was called for 53 00:03:24,240 --> 00:03:27,600 Speaker 1: the president, and we were leading. I went home to 54 00:03:27,639 --> 00:03:29,720 Speaker 1: go to bed about two in the morning, and we 55 00:03:29,720 --> 00:03:33,760 Speaker 1: were leading in Pennsylvania and Michigan and Wisconsin. I mean, 56 00:03:33,840 --> 00:03:37,760 Speaker 1: it looked like a really strong night. And then I 57 00:03:37,800 --> 00:03:39,440 Speaker 1: suspect a lot of us went to bed and we 58 00:03:39,480 --> 00:03:43,120 Speaker 1: woke up in the morning and it's like what happened. 59 00:03:46,080 --> 00:03:49,040 Speaker 1: There are multiple lawsuits all over the country right now 60 00:03:49,080 --> 00:03:55,120 Speaker 1: playing out. There were going to be recounts in multiple states. 61 00:03:56,320 --> 00:03:58,960 Speaker 1: All of those proceedings have to be concluded before we 62 00:03:59,080 --> 00:04:02,880 Speaker 1: know who actually will be the winner state by state. 63 00:04:02,920 --> 00:04:06,640 Speaker 1: By state, and that's going to take, in all likelihood 64 00:04:06,880 --> 00:04:10,040 Speaker 1: several weeks. It's not going to take six months, but 65 00:04:10,640 --> 00:04:12,800 Speaker 1: the litigation is not going to be over by tomorrow. 66 00:04:12,840 --> 00:04:16,480 Speaker 1: And the night of the election. Number one, the media, 67 00:04:16,920 --> 00:04:21,160 Speaker 1: two outlets, Fox News and AP were really precipitous calling Arizona. 68 00:04:21,240 --> 00:04:25,160 Speaker 1: That was clearly a mistake. You know, when when CNNA 69 00:04:25,279 --> 00:04:29,919 Speaker 1: is calling out Fox for being too anti Trump, you know, 70 00:04:30,040 --> 00:04:32,760 Speaker 1: somebody's jumped the shark somewhere. I mean, I mean that 71 00:04:32,560 --> 00:04:39,080 Speaker 1: that's a problem. But the instant the vote totals shifted 72 00:04:39,120 --> 00:04:43,640 Speaker 1: to Joe Biden. We've seen virtually the entire mainstream media 73 00:04:43,880 --> 00:04:48,280 Speaker 1: try to engage in an immediate coronation, big tech engage 74 00:04:48,320 --> 00:04:52,120 Speaker 1: in total censorship of any view to the contrary. And 75 00:04:52,120 --> 00:04:56,960 Speaker 1: and they're behaving with this weird you know. I mean, 76 00:04:57,000 --> 00:05:02,200 Speaker 1: it's almost like their persecuting heritage. If you dare say, well, 77 00:05:02,279 --> 00:05:05,520 Speaker 1: let's wait till the litigation is resolved, they scream at 78 00:05:05,600 --> 00:05:13,360 Speaker 1: you your undermining democracy. That's nutty. No democracy means if 79 00:05:13,400 --> 00:05:16,760 Speaker 1: they're legal challenges, you resolve the legal challenges. And by 80 00:05:16,760 --> 00:05:19,920 Speaker 1: the way, this happens in elections all the time. We 81 00:05:20,080 --> 00:05:25,560 Speaker 1: see recounts, we see litigation. We see disputes over if 82 00:05:25,600 --> 00:05:29,440 Speaker 1: there were votes that were illegally cast, that litigation has 83 00:05:29,480 --> 00:05:32,880 Speaker 1: to be resolved. And you know the way it plays out. 84 00:05:33,240 --> 00:05:35,880 Speaker 1: Their cases in state court, their cases in federal court. 85 00:05:35,920 --> 00:05:40,599 Speaker 1: The cases in state court will be adjudicated in a 86 00:05:40,640 --> 00:05:43,359 Speaker 1: trial court. They will, they will in many instances go 87 00:05:43,480 --> 00:05:45,719 Speaker 1: up to an intermediate court of appeals. They would go 88 00:05:45,800 --> 00:05:48,960 Speaker 1: up maybe to the state Supreme Court, and then the 89 00:05:49,040 --> 00:05:52,120 Speaker 1: US Supreme Court can take it from the state system. 90 00:05:52,160 --> 00:05:54,479 Speaker 1: There will also be cases in federal court that start 91 00:05:54,520 --> 00:05:56,479 Speaker 1: in federal district court, maybe go up to the Court 92 00:05:56,480 --> 00:05:59,000 Speaker 1: of Appeals, and they can go up to the Supreme Court. 93 00:05:59,000 --> 00:06:03,000 Speaker 1: So if you look at Bush versus Gore, as you 94 00:06:03,040 --> 00:06:05,479 Speaker 1: know my book One Vote Away, it's a whole chapter 95 00:06:05,560 --> 00:06:08,960 Speaker 1: on Bush versus Gore, and it goes into great detailed 96 00:06:09,360 --> 00:06:13,320 Speaker 1: Bush versus Gore took thirty six days when we arrived 97 00:06:13,360 --> 00:06:18,799 Speaker 1: in Florida. Within days, we had a chart of seven 98 00:06:18,960 --> 00:06:21,520 Speaker 1: different cases that we're all pending just in one state, 99 00:06:21,600 --> 00:06:24,479 Speaker 1: justin Florida, any one of which could have cost the 100 00:06:24,480 --> 00:06:27,360 Speaker 1: presidency of the United States. And it was chaos. We 101 00:06:27,400 --> 00:06:29,480 Speaker 1: went to the Florida Supreme Court twice. We went to 102 00:06:29,520 --> 00:06:31,600 Speaker 1: the US Supreme Court twice. And when I say went 103 00:06:31,640 --> 00:06:34,400 Speaker 1: to the US Supreme Court, I mean brief the case, 104 00:06:34,920 --> 00:06:38,120 Speaker 1: argued it, and got a written decision from the Supreme 105 00:06:38,160 --> 00:06:42,680 Speaker 1: Court twice in those thirty six days. And by the way, 106 00:06:42,720 --> 00:06:46,080 Speaker 1: we also tried a full case in the Florida Trial 107 00:06:46,120 --> 00:06:50,159 Speaker 1: Court in addition to multiple other arguments. So the court 108 00:06:50,279 --> 00:06:54,719 Speaker 1: system can operate, but all of us should expect the 109 00:06:54,760 --> 00:06:58,359 Speaker 1: courts to resolve these claims. There are lots of claims 110 00:06:58,400 --> 00:07:03,520 Speaker 1: of voter fraud. I don't know which claims are accurate 111 00:07:03,560 --> 00:07:05,720 Speaker 1: and which aren't. You don't know which claims are accurate 112 00:07:05,760 --> 00:07:08,080 Speaker 1: and which aren't. That's why we have a legal system. 113 00:07:08,160 --> 00:07:13,240 Speaker 1: That's what courts do. And in today's world where you 114 00:07:13,280 --> 00:07:16,600 Speaker 1: see you know, this Twitter allegation, that Twitter allegation, all 115 00:07:16,600 --> 00:07:18,600 Speaker 1: sorts of things, it's really hard to know, all right, 116 00:07:18,640 --> 00:07:23,520 Speaker 1: what really is the state of affairs? Well, we ought 117 00:07:23,520 --> 00:07:27,520 Speaker 1: to allow the legal system to actually hear evidence, to 118 00:07:27,560 --> 00:07:31,360 Speaker 1: examine the data, to listen to witnesses, to examine evidence, 119 00:07:31,840 --> 00:07:35,040 Speaker 1: and to make factual determinations. That's why we have a 120 00:07:35,120 --> 00:07:38,280 Speaker 1: judicial system, of course, And the idea that there was 121 00:07:38,440 --> 00:07:41,520 Speaker 1: no fraud whatsoever seems to me very difficult to believe. 122 00:07:41,640 --> 00:07:44,240 Speaker 1: You called this out right, and I have to tell you, 123 00:07:44,280 --> 00:07:46,040 Speaker 1: I don't mean to flatter you, Senator, but you were 124 00:07:46,080 --> 00:07:48,720 Speaker 1: one of the few elected Republicans who actually came out 125 00:07:48,720 --> 00:07:53,400 Speaker 1: strongly on this. Specifically in Philadelphia, you had Republican poll 126 00:07:53,440 --> 00:07:56,240 Speaker 1: watchers show up every election. You got poll watchers from 127 00:07:56,240 --> 00:07:58,480 Speaker 1: both campaigns. They show up, they make sure there are 128 00:07:58,520 --> 00:08:02,000 Speaker 1: no shenanigans going on. Republican poll watchers were turned away. 129 00:08:02,160 --> 00:08:03,920 Speaker 1: There was then a court order that said you have 130 00:08:03,960 --> 00:08:06,800 Speaker 1: to let the Republican poll watchers in. What happened, they 131 00:08:06,880 --> 00:08:09,800 Speaker 1: still encountered resistance trying to take a look at these polls. 132 00:08:10,040 --> 00:08:14,320 Speaker 1: That is outrageous, That is illegal, and who knows if 133 00:08:14,360 --> 00:08:16,760 Speaker 1: that's through an election. We can't know that. Obviously a 134 00:08:16,800 --> 00:08:18,880 Speaker 1: legal process has to play out. But to say that 135 00:08:18,880 --> 00:08:21,280 Speaker 1: there is no evidence whatsoever and we need to certify 136 00:08:21,320 --> 00:08:24,600 Speaker 1: these results and move on and waiting even five days 137 00:08:24,680 --> 00:08:27,480 Speaker 1: is too long and unprecedented. That just seems to be 138 00:08:27,720 --> 00:08:31,200 Speaker 1: not in correspondence with reality. Well, and let's take that 139 00:08:31,240 --> 00:08:34,480 Speaker 1: component for a moment. I've been trying to be very 140 00:08:34,520 --> 00:08:42,200 Speaker 1: active both on social media and also on media media, 141 00:08:43,040 --> 00:08:48,040 Speaker 1: engaging in these issues and leading the fight it's interesting 142 00:08:48,080 --> 00:08:50,800 Speaker 1: the media talking points and the dem talking points on 143 00:08:51,200 --> 00:08:53,720 Speaker 1: the Pennsylvania ballot observers is, well, no, no, no, they 144 00:08:53,760 --> 00:08:58,120 Speaker 1: were in the room. What they ignore is that they 145 00:08:58,160 --> 00:09:01,440 Speaker 1: were being kept twenty feet away or twenty five feet away. 146 00:09:01,480 --> 00:09:03,560 Speaker 1: If you've ever tried to actually look at a ballot 147 00:09:04,040 --> 00:09:06,880 Speaker 1: twenty five feet away, you can't see the damn ballot. 148 00:09:06,960 --> 00:09:09,920 Speaker 1: You are not actually an observer if you're twenty five 149 00:09:09,960 --> 00:09:13,320 Speaker 1: feet away. Ultimately, they went to a Pennsylvania state court 150 00:09:13,360 --> 00:09:15,720 Speaker 1: and got an order to be six feet away. To 151 00:09:15,720 --> 00:09:18,000 Speaker 1: be honest, it's hard to observe a ballot six feet 152 00:09:18,000 --> 00:09:21,199 Speaker 1: away if you're trying to see are the guy's cheating? 153 00:09:22,200 --> 00:09:27,199 Speaker 1: And that's a second point to understand. It couldn't sound like, oh, 154 00:09:27,200 --> 00:09:30,600 Speaker 1: it's a technicality. It's a procedural issue whether there were 155 00:09:30,600 --> 00:09:35,320 Speaker 1: observers there. But the reason that the law mandates the 156 00:09:35,360 --> 00:09:39,280 Speaker 1: observers be there is to prevent people from engaging in fraud, 157 00:09:39,320 --> 00:09:42,920 Speaker 1: to prevent people from stealing votes. You look at Bush 158 00:09:43,040 --> 00:09:46,440 Speaker 1: versus Gore. One of the first things the Democrats did 159 00:09:46,520 --> 00:09:53,800 Speaker 1: is they sought recounts in four overwhelmingly Democratic counties in Florida, 160 00:09:54,120 --> 00:09:59,600 Speaker 1: and I talk about in my book one vote away. 161 00:10:00,320 --> 00:10:02,520 Speaker 1: How on the Bush legal team and I was a 162 00:10:02,520 --> 00:10:04,120 Speaker 1: young lawyer at the time. I was in my late 163 00:10:04,160 --> 00:10:06,600 Speaker 1: twenties and was part of it. Was an incredible legal 164 00:10:06,600 --> 00:10:10,280 Speaker 1: team that came together for George W. Bush. We had 165 00:10:10,320 --> 00:10:14,439 Speaker 1: a big debate about, Okay, do we counter by asking 166 00:10:14,520 --> 00:10:18,560 Speaker 1: for recounts and four overwhelmingly Republican counties. So if they're 167 00:10:18,559 --> 00:10:21,120 Speaker 1: going to go seek recounts and Democratic counties, does it 168 00:10:21,240 --> 00:10:24,360 Speaker 1: help us to do get recounts and Republican counties? We 169 00:10:24,480 --> 00:10:27,720 Speaker 1: didn't do so we decided no, let's not do so. 170 00:10:27,760 --> 00:10:31,120 Speaker 1: And I'll tell you the reason why. Because we believe 171 00:10:31,240 --> 00:10:34,480 Speaker 1: to a person that in the Democratic recounts that the 172 00:10:34,640 --> 00:10:39,160 Speaker 1: hard leftist partisans would cheat, that they'd be sitting there 173 00:10:39,160 --> 00:10:41,360 Speaker 1: those had chads that they literally we've poked them out 174 00:10:41,360 --> 00:10:43,520 Speaker 1: with their fingernails, like if you didn't look, boom, there 175 00:10:43,559 --> 00:10:46,600 Speaker 1: you go another vote for Gore. And what we said is, look, 176 00:10:47,120 --> 00:10:49,960 Speaker 1: our guys won't cheat. Like, if we do a recount 177 00:10:49,960 --> 00:10:53,040 Speaker 1: in a Republican county, it doesn't help us because the 178 00:10:53,080 --> 00:10:55,960 Speaker 1: guys counting us are going to come up with basically 179 00:10:56,000 --> 00:10:59,400 Speaker 1: the same count that. Thankfully, I'm glad our guys won't cheat. 180 00:11:00,120 --> 00:11:03,880 Speaker 1: Now look, some observers may say, oh, that's a pretty 181 00:11:03,920 --> 00:11:09,280 Speaker 1: partisan view of things. I can't prove as a conclusive 182 00:11:09,360 --> 00:11:12,760 Speaker 1: fact that the Democratic counters cheat significantly more than the 183 00:11:12,760 --> 00:11:15,440 Speaker 1: Republican accounters do. What I can tell you is the 184 00:11:15,480 --> 00:11:18,040 Speaker 1: reason we didn't seek a recount in the Republican counties 185 00:11:18,400 --> 00:11:20,320 Speaker 1: is that all of our lawyers, all of George W. 186 00:11:20,440 --> 00:11:24,120 Speaker 1: Bush's lawyers, believe that right, and so we didn't seek 187 00:11:24,160 --> 00:11:27,000 Speaker 1: a recount. It. As they recounted it, you kept seeing 188 00:11:27,000 --> 00:11:29,920 Speaker 1: the numbers for Gore grow and grow and grow. I mean, 189 00:11:29,960 --> 00:11:34,079 Speaker 1: it clearly played out in the pattern we anticipated. And 190 00:11:34,400 --> 00:11:37,160 Speaker 1: just for people who think there isn't historical president here, 191 00:11:37,200 --> 00:11:40,520 Speaker 1: obviously you've got Bush, bigre you've got the two thousand recount, 192 00:11:40,679 --> 00:11:44,920 Speaker 1: but actually your predecessor in the Senate from Texas, Lyndon Johnson, 193 00:11:44,960 --> 00:11:47,840 Speaker 1: who obviously went on to become president. There's great controversy 194 00:11:47,840 --> 00:11:51,080 Speaker 1: about his nineteen forty eight election to the Senate, where 195 00:11:51,160 --> 00:11:53,320 Speaker 1: I think it was about a million votes cast and 196 00:11:53,400 --> 00:11:56,320 Speaker 1: he won by something like eighty seven votes. You know, 197 00:11:56,320 --> 00:11:58,680 Speaker 1: it was fewer than one hundred votes, and it all 198 00:11:58,760 --> 00:12:03,680 Speaker 1: came from back thirteen Box thirteen, a box of ballots 199 00:12:03,720 --> 00:12:07,560 Speaker 1: from a notoriously corrupt county, and there's allegations that it 200 00:12:07,600 --> 00:12:12,280 Speaker 1: had been stuffed at. President Roosevelt actually joked about stuffing 201 00:12:12,280 --> 00:12:14,920 Speaker 1: ballot boxes at the time. This is an American tradition. 202 00:12:15,840 --> 00:12:20,400 Speaker 1: Unfortunately it is. There has been significant voter fraud. And 203 00:12:20,480 --> 00:12:24,319 Speaker 1: by the way, in these big democratic cities, cities like Pennsylvania, 204 00:12:24,640 --> 00:12:28,520 Speaker 1: cities like Philadelphia, cities like Detroit in Michigan. In Detroit, 205 00:12:28,640 --> 00:12:31,480 Speaker 1: they put poster board and covered up the ballot county 206 00:12:32,080 --> 00:12:36,120 Speaker 1: areas to hide them. You know, an analogy I use 207 00:12:36,240 --> 00:12:39,439 Speaker 1: this weekend on one of the Sunday shows, I said, listen, 208 00:12:39,480 --> 00:12:42,760 Speaker 1: if someone goes into a bank and shuts off all 209 00:12:42,800 --> 00:12:47,480 Speaker 1: the security cameras, what is the natural inference that leads 210 00:12:49,120 --> 00:12:52,120 Speaker 1: It's not that they're intending to do nothing wrong. I mean, 211 00:12:52,160 --> 00:12:56,160 Speaker 1: if you're shutting off the mechanism for observing it, that 212 00:12:56,440 --> 00:12:58,959 Speaker 1: people naturally say, well, there's a reason you don't want 213 00:12:58,960 --> 00:13:02,480 Speaker 1: people to see what you're doing. But but let me say, okay, 214 00:13:03,440 --> 00:13:05,400 Speaker 1: in terms of where we are, I mean a lot 215 00:13:05,440 --> 00:13:07,280 Speaker 1: of people are asking, all, right, where do we go? 216 00:13:07,480 --> 00:13:11,840 Speaker 1: What's next? Let me give you good news and bad news. Okay, 217 00:13:12,000 --> 00:13:15,400 Speaker 1: give me the good news first. Okay, the good news. First, 218 00:13:16,400 --> 00:13:20,400 Speaker 1: there is reason for some optimism because listen, this was 219 00:13:20,440 --> 00:13:24,000 Speaker 1: a weird election with COVID and you had massive mail 220 00:13:24,080 --> 00:13:29,080 Speaker 1: in votings and in person voting. The data show that 221 00:13:29,200 --> 00:13:31,720 Speaker 1: on election day the people that went physically to the 222 00:13:31,760 --> 00:13:35,040 Speaker 1: polls and voted in person, that Trump won those by 223 00:13:35,080 --> 00:13:38,880 Speaker 1: a significant margin. The data also show that in many 224 00:13:38,960 --> 00:13:42,320 Speaker 1: states on the mail in votes that Biden won those 225 00:13:42,320 --> 00:13:45,520 Speaker 1: by a significant margin. So here's the good news, and 226 00:13:45,559 --> 00:13:51,120 Speaker 1: a recount or in an election contest litigation, in person 227 00:13:51,200 --> 00:13:57,120 Speaker 1: election day votes are significantly less likely to be deemed 228 00:13:57,320 --> 00:14:01,800 Speaker 1: illegal rights it's hard to cheat those votes. Generally, the 229 00:14:01,880 --> 00:14:04,280 Speaker 1: count is what it is, and the in person election 230 00:14:04,679 --> 00:14:08,840 Speaker 1: good point votes rarely change mail in votes if you 231 00:14:08,880 --> 00:14:11,320 Speaker 1: look at recounts. If you look at election contests, some 232 00:14:11,480 --> 00:14:16,439 Speaker 1: significant percentage of mail in votes fairly predictably are excluded 233 00:14:16,480 --> 00:14:19,280 Speaker 1: as this doesn't meet the legal standards. This is whether 234 00:14:19,320 --> 00:14:23,720 Speaker 1: it's you know someone, a dead person, whether it is 235 00:14:23,800 --> 00:14:26,800 Speaker 1: someone who didn't sign the thing like for whatever reason. 236 00:14:26,920 --> 00:14:29,800 Speaker 1: That varies state by state, but mail in voters have 237 00:14:29,840 --> 00:14:34,040 Speaker 1: a significantly higher percentage of being excluded. In this instance, 238 00:14:34,080 --> 00:14:39,000 Speaker 1: mail in voters are predominantly for Joe Biden, so we 239 00:14:39,080 --> 00:14:43,360 Speaker 1: may well see as these recounts go forward, a larger 240 00:14:43,400 --> 00:14:47,360 Speaker 1: percentage of Biden votes being deemed illegal than Trump votes. 241 00:14:47,400 --> 00:14:51,960 Speaker 1: We don't know that, but there's reason to have optimism. 242 00:14:52,160 --> 00:14:54,080 Speaker 1: Now let me give you the flip side. Okay, I'm 243 00:14:54,080 --> 00:14:57,200 Speaker 1: braced for it. What's the bad news for the Trump 244 00:14:57,200 --> 00:15:00,880 Speaker 1: team to prevail? They can't just win in one state. 245 00:15:02,360 --> 00:15:06,000 Speaker 1: They've got to run the table. So let me give 246 00:15:06,000 --> 00:15:09,240 Speaker 1: you some of the numbers, because it's this is the 247 00:15:09,320 --> 00:15:13,360 Speaker 1: challenging piece. So right now, all right, I'm using the 248 00:15:13,360 --> 00:15:16,880 Speaker 1: New York Times election results as one source. New York 249 00:15:16,880 --> 00:15:20,280 Speaker 1: Times has Biden with a two seventy nine electoral lead 250 00:15:20,680 --> 00:15:23,240 Speaker 1: to two hundred and fourteen. You need two seventy to 251 00:15:23,320 --> 00:15:26,080 Speaker 1: be elected president. So it has Biden with two seventy nine. 252 00:15:27,240 --> 00:15:31,800 Speaker 1: So the Times hasn't called Georgia right now. Biden has 253 00:15:31,840 --> 00:15:34,720 Speaker 1: a fourteen thousand vote lead in Georgia, so we need 254 00:15:34,760 --> 00:15:38,240 Speaker 1: to pick up fourteen thousand votes in Georgia. The Times 255 00:15:38,240 --> 00:15:41,280 Speaker 1: hasn't called Arizona right now. Biden has a twelve thousand 256 00:15:41,360 --> 00:15:45,680 Speaker 1: vote lead in Arizona. Now let's talk about the states 257 00:15:45,680 --> 00:15:50,080 Speaker 1: that they have called for Biden. Wisconsin with ten electoral votes. 258 00:15:50,120 --> 00:15:53,040 Speaker 1: Biden has over a twenty thousand vote lead in Wisconsin. 259 00:15:54,120 --> 00:15:57,640 Speaker 1: Nevada with six electoral votes. Biden has over a thirty 260 00:15:57,640 --> 00:16:03,720 Speaker 1: six thousand vote lead in Nevada. Michigan with sixteen electoral votes. 261 00:16:03,800 --> 00:16:07,480 Speaker 1: Biden unfortunately has one hundred and forty eight thousand vote 262 00:16:07,560 --> 00:16:12,320 Speaker 1: lead in Michigan. That's a big lead. And then Pennsylvania, 263 00:16:12,400 --> 00:16:14,600 Speaker 1: which is the big Enchilada in terms of the most 264 00:16:14,640 --> 00:16:18,640 Speaker 1: electoral votes of the states we're talking about, Biden has 265 00:16:18,720 --> 00:16:21,880 Speaker 1: right now about a forty five thousand vote lead. That 266 00:16:22,200 --> 00:16:25,720 Speaker 1: is a lot of votes to shift in a recount 267 00:16:25,800 --> 00:16:28,120 Speaker 1: or a contest litigation. If you look at Florida and 268 00:16:28,120 --> 00:16:31,160 Speaker 1: Bush versus Gore, the whole course of it, we were 269 00:16:31,160 --> 00:16:33,680 Speaker 1: talking about a few thousand votes. Right at the end 270 00:16:33,680 --> 00:16:35,880 Speaker 1: of the day, George W. Bush won by five hundred 271 00:16:35,920 --> 00:16:40,160 Speaker 1: and thirty seven votes. Right, the totals in Florida started 272 00:16:40,160 --> 00:16:44,640 Speaker 1: out much much closer than where these totals are, And 273 00:16:44,720 --> 00:16:49,640 Speaker 1: if we were talking about one state, you could be 274 00:16:50,880 --> 00:16:54,200 Speaker 1: more optimistic about what the result would be. In this instance, 275 00:16:54,640 --> 00:16:57,120 Speaker 1: the Trump team's got to win in a whole bunch 276 00:16:57,120 --> 00:17:01,640 Speaker 1: of states, right, I suppose even when you hear those numbers, 277 00:17:01,640 --> 00:17:05,120 Speaker 1: I mean, it's amazing how thin some of Michigan accepted, 278 00:17:05,240 --> 00:17:08,040 Speaker 1: how thin some of the margins are in Georgia, for instance, 279 00:17:08,160 --> 00:17:12,240 Speaker 1: or Arizona or Wisconsin even But you know that that 280 00:17:12,359 --> 00:17:14,959 Speaker 1: is very tricky because time is running out. I suppose 281 00:17:14,960 --> 00:17:16,919 Speaker 1: one cause for hope is that we are in this 282 00:17:17,000 --> 00:17:20,800 Speaker 1: bizarre year of the universal unsolicited maland so perhaps that 283 00:17:21,160 --> 00:17:23,639 Speaker 1: gives a greater opportunity to flip them, but perhaps not. 284 00:17:23,720 --> 00:17:25,600 Speaker 1: I mean, that's a lot of votes in a lot 285 00:17:25,640 --> 00:17:29,000 Speaker 1: of states. So what you're saying is, let the legal 286 00:17:29,040 --> 00:17:32,040 Speaker 1: process play out. Do not in no way declare the winner, 287 00:17:32,119 --> 00:17:33,960 Speaker 1: you know it, or go along with the media, but 288 00:17:34,359 --> 00:17:36,880 Speaker 1: maybe don't pop the champagne. Yet, there's still a long 289 00:17:36,960 --> 00:17:39,720 Speaker 1: hill to climb. Well, and look there instances. Let's take 290 00:17:39,760 --> 00:17:43,360 Speaker 1: there was a county in Michigan that has publicly admitted 291 00:17:43,400 --> 00:17:47,760 Speaker 1: that there was a what they called a software glitch 292 00:17:48,880 --> 00:17:54,320 Speaker 1: that shifted six thousand votes from Trump to Bide. Now, 293 00:17:54,520 --> 00:17:57,439 Speaker 1: thankfully they caught it. They caught it and they did 294 00:17:57,480 --> 00:18:00,200 Speaker 1: a hand recount and discovered weight our results are way 295 00:18:00,240 --> 00:18:04,040 Speaker 1: off what we anticipated. And they said it's a glitch. 296 00:18:04,119 --> 00:18:08,040 Speaker 1: This software is used I believe in forty seven counties 297 00:18:08,040 --> 00:18:11,120 Speaker 1: in Michigan. So look, if there were six thousand votes 298 00:18:11,160 --> 00:18:13,320 Speaker 1: shifted in all forty seven counties, that would be enough 299 00:18:13,359 --> 00:18:19,520 Speaker 1: to move the margin. What the Michigan officials are arguing, however, 300 00:18:19,640 --> 00:18:24,560 Speaker 1: is that this quote glitch is idiosyncratic to just this 301 00:18:24,800 --> 00:18:29,439 Speaker 1: county and that it's not present more widely. Now, this 302 00:18:29,560 --> 00:18:35,080 Speaker 1: is an example of there's a reason to be skeptical 303 00:18:35,160 --> 00:18:40,840 Speaker 1: of their sort of self serving explanation. But it actually 304 00:18:40,920 --> 00:18:44,280 Speaker 1: is going to take the lawyers proving this in court. 305 00:18:44,600 --> 00:18:48,520 Speaker 1: It's going to take right now. And I've been on 306 00:18:48,560 --> 00:18:50,720 Speaker 1: the phone with the President. I've been on the phone 307 00:18:50,720 --> 00:18:52,320 Speaker 1: with Jared Kushner. I've been on the phone with the 308 00:18:52,359 --> 00:18:55,680 Speaker 1: White House. I have been urging them to bring in 309 00:18:57,680 --> 00:19:03,560 Speaker 1: a stronger legal team, more curious, high powered litigators, and 310 00:19:03,640 --> 00:19:07,439 Speaker 1: to go make their case. At this point, yelling about 311 00:19:07,480 --> 00:19:10,679 Speaker 1: it isn't going to change it. You got to go 312 00:19:10,720 --> 00:19:13,360 Speaker 1: into court, Yeah, and you got to put on evidence 313 00:19:14,200 --> 00:19:21,440 Speaker 1: and demonstrate to a court a legal basis that the 314 00:19:21,520 --> 00:19:25,080 Speaker 1: margins we're talking about state by state, that that portion 315 00:19:25,119 --> 00:19:27,159 Speaker 1: of the votes were illegally cast and that's got to 316 00:19:27,200 --> 00:19:32,399 Speaker 1: be proven with cross examination, with evidence. And we're not 317 00:19:32,440 --> 00:19:35,320 Speaker 1: there yet. I hope we get there but that's not 318 00:19:35,400 --> 00:19:41,880 Speaker 1: an easy task and it takes some real hard, careful, 319 00:19:42,000 --> 00:19:46,119 Speaker 1: diligent work, right right, Okay, you have not completely thrown 320 00:19:46,119 --> 00:19:49,000 Speaker 1: me into despair. There is still some cause for hope, 321 00:19:49,040 --> 00:19:51,199 Speaker 1: and obviously we'll see that play out. One of the 322 00:19:51,240 --> 00:19:53,760 Speaker 1: reasons I think a lot of people want President Trump 323 00:19:53,760 --> 00:19:58,680 Speaker 1: to get reelected is because they are so infuriated at 324 00:19:58,840 --> 00:20:03,080 Speaker 1: the blob, the deep state, the administrative state, the out 325 00:20:03,119 --> 00:20:05,640 Speaker 1: of control agencies, whatever you want to call it. And 326 00:20:06,600 --> 00:20:09,320 Speaker 1: you know, speaking of legal questions, I was wondering if 327 00:20:09,320 --> 00:20:11,639 Speaker 1: you were going to be arrested for murder earlier today 328 00:20:12,000 --> 00:20:16,080 Speaker 1: because you eviscerated mister Andrew McCabe, one of these corrupt 329 00:20:16,119 --> 00:20:20,119 Speaker 1: officials who was involved in the entire hoax and the 330 00:20:20,200 --> 00:20:24,200 Speaker 1: scandals of twenty sixteen surrounding that election and thereafter. It's 331 00:20:24,200 --> 00:20:26,800 Speaker 1: not getting any play. I noticed the testimony of Andrew 332 00:20:26,880 --> 00:20:28,800 Speaker 1: McCabe is not getting any play because everyone's focused on 333 00:20:28,840 --> 00:20:31,359 Speaker 1: the presidential But I thought it was extraordinarily telling. It's 334 00:20:31,359 --> 00:20:33,679 Speaker 1: one of the most important issues of the past four years. 335 00:20:33,920 --> 00:20:36,199 Speaker 1: And maybe going forward, could you just take us through 336 00:20:36,200 --> 00:20:38,120 Speaker 1: a little bit of what happened. First, we'll just play 337 00:20:38,119 --> 00:20:43,000 Speaker 1: a little clip of your grilling of mister McCabe. Mister mcabe. 338 00:20:43,040 --> 00:20:47,040 Speaker 1: Yesterday on MSNBC, Ben Roods, the former deputy National Security 339 00:20:47,080 --> 00:20:50,879 Speaker 1: advisor to President Obama, said that foreign leaders are already 340 00:20:50,880 --> 00:20:55,240 Speaker 1: having conversations with Joe Biden quote, talking about the agenda 341 00:20:55,280 --> 00:20:58,480 Speaker 1: they're going to pursue January twenty. It's mister McKay. Based 342 00:20:58,520 --> 00:21:01,160 Speaker 1: on that testimony, do you believe Joe Biden is violating 343 00:21:01,160 --> 00:21:04,520 Speaker 1: the Logan Act. I'm not aware of Ben Rhodes's statements, 344 00:21:05,080 --> 00:21:07,840 Speaker 1: or take it on faith he said what I read, 345 00:21:07,920 --> 00:21:11,000 Speaker 1: assuming he's that quote is accurate, and so a verbatim quote, 346 00:21:11,080 --> 00:21:13,560 Speaker 1: is that a violation of the Logan Act under any 347 00:21:13,600 --> 00:21:17,600 Speaker 1: plausible theory? I am not prepared to take your statement 348 00:21:17,720 --> 00:21:21,640 Speaker 1: on faith, and I am also not prepared to conduct 349 00:21:21,720 --> 00:21:24,359 Speaker 1: legal analysis. All right, you're a lawyer. Have you ever 350 00:21:24,400 --> 00:21:27,919 Speaker 1: answered a hypothetical in court? If it is correct that 351 00:21:28,000 --> 00:21:31,040 Speaker 1: I am accurately quoting, it's something the Department of Justice 352 00:21:31,119 --> 00:21:35,600 Speaker 1: frequently did wrong in this investigation. If that is what 353 00:21:35,680 --> 00:21:38,160 Speaker 1: Ben Rhodes said, If Joe Biden is talking with foreign 354 00:21:38,240 --> 00:21:40,600 Speaker 1: leaders right now, does it violate the Logan Act? Yes? 355 00:21:40,680 --> 00:21:44,359 Speaker 1: Or no. I'm not going to opine on a hypothetical 356 00:21:44,440 --> 00:21:48,040 Speaker 1: question about what him he is talking with foreign leaders, 357 00:21:48,080 --> 00:21:50,280 Speaker 1: and it doesn't violate the Logan Act because the Logan 358 00:21:50,320 --> 00:21:52,800 Speaker 1: Act is unconstitutional, which is why it's never been used 359 00:21:52,800 --> 00:21:56,400 Speaker 1: to prosecute anyone. You authorized using it to go after 360 00:21:56,480 --> 00:22:00,280 Speaker 1: General Flynn as part of a political persecution. I can 361 00:22:00,280 --> 00:22:02,119 Speaker 1: give you the answer. Hell, no, Joe Biden is not 362 00:22:02,200 --> 00:22:05,200 Speaker 1: violating the Logan Act. The reason you won't say it 363 00:22:05,280 --> 00:22:08,560 Speaker 1: is because that was your flimsy political basis to go 364 00:22:08,680 --> 00:22:12,040 Speaker 1: after a decorated war hero because you disagreed with politically 365 00:22:12,080 --> 00:22:15,920 Speaker 1: with President Trump. Well, look, McCabe was the deputy director 366 00:22:15,920 --> 00:22:21,280 Speaker 1: of the FBI. Today was significant because there's been a conflict. 367 00:22:21,280 --> 00:22:23,399 Speaker 1: There's been a conflict for a couple of years between 368 00:22:23,480 --> 00:22:29,560 Speaker 1: McCabe and James Coomy, his boss, over whether Comy authorized 369 00:22:29,680 --> 00:22:33,600 Speaker 1: him and directed him to leak to the press. Comy's 370 00:22:33,640 --> 00:22:36,879 Speaker 1: testified now repeatedly under oath under penalty of perjury, that 371 00:22:37,040 --> 00:22:39,359 Speaker 1: he did not, that he never has, that he didn't. 372 00:22:40,840 --> 00:22:45,800 Speaker 1: McCabe had told the press that Comy had authorized to 373 00:22:46,920 --> 00:22:49,359 Speaker 1: But today was the first time McCabe ever said that 374 00:22:49,440 --> 00:22:54,320 Speaker 1: under oath. So that's a big deal. It's one thing. Look, 375 00:22:55,080 --> 00:22:57,560 Speaker 1: it ain't a crime. Delight of the press. May i'd 376 00:22:57,600 --> 00:23:00,440 Speaker 1: be a good idea. It may not be honorable or ethical, 377 00:23:00,480 --> 00:23:04,200 Speaker 1: but it is not. It doesn't carry a prison term 378 00:23:04,280 --> 00:23:07,680 Speaker 1: to lie to the press. If you lie to Congress 379 00:23:07,720 --> 00:23:14,040 Speaker 1: under oath, that is a crime. And so my objective 380 00:23:14,200 --> 00:23:17,760 Speaker 1: in this cross examination was to get and and Comy 381 00:23:17,840 --> 00:23:22,040 Speaker 1: testified before the election. I got him on record again saying, no, 382 00:23:22,240 --> 00:23:25,879 Speaker 1: he didn't authorize McCabe to do this. McCabe, now he 383 00:23:26,000 --> 00:23:28,480 Speaker 1: you want to talk about a slippery witness. Boy, This guy, 384 00:23:29,000 --> 00:23:32,640 Speaker 1: he's smarmy and political and hates Trump and is a 385 00:23:32,680 --> 00:23:37,600 Speaker 1: hardcore Democrat and it was up to his eyeballs in 386 00:23:37,640 --> 00:23:42,000 Speaker 1: the political persecution of the president. But finally, after trying 387 00:23:42,040 --> 00:23:46,480 Speaker 1: to wriggle away repeatedly, repeatedly, repeatedly, he said on the record, Yes, 388 00:23:46,560 --> 00:23:51,840 Speaker 1: Coomy did authorize me. And critically. I ended this cross 389 00:23:51,920 --> 00:23:57,159 Speaker 1: examination by saying, mister McCabe, the FBI has the records 390 00:23:57,200 --> 00:24:01,000 Speaker 1: to demonstrate who's telling the truth. Either you're telling the 391 00:24:01,000 --> 00:24:03,040 Speaker 1: truth or Comy's telling the truth. You can't both be 392 00:24:03,119 --> 00:24:08,359 Speaker 1: one of you's lying. Do you think the FBI should 393 00:24:08,440 --> 00:24:13,800 Speaker 1: release the records, whether emails or remember and or whatever 394 00:24:13,840 --> 00:24:16,920 Speaker 1: documents they have to if you're telling the truth, to 395 00:24:17,040 --> 00:24:19,200 Speaker 1: vindicate you, to tell show that you're telling the truth, 396 00:24:19,200 --> 00:24:21,840 Speaker 1: and if Comey's telling the truth, to vindicate him. Do 397 00:24:21,880 --> 00:24:25,840 Speaker 1: you think the FBI should release the materials? And McCabe said, yes, 398 00:24:25,960 --> 00:24:29,040 Speaker 1: they should release the materials. Well, hot diggity damn, I 399 00:24:29,040 --> 00:24:31,080 Speaker 1: can tell you. I pulled my chief counsel aside right 400 00:24:31,119 --> 00:24:32,600 Speaker 1: after the hearing and said, all right, I want you 401 00:24:32,640 --> 00:24:35,680 Speaker 1: to draft a letter to Bill Barr and to Chris Ray, 402 00:24:35,800 --> 00:24:37,880 Speaker 1: which we will send in the next day or two, 403 00:24:39,880 --> 00:24:45,040 Speaker 1: quoting Comy's testimony, Quoting McCabe's testimony, pointing out there directly 404 00:24:45,040 --> 00:24:48,080 Speaker 1: in conflict that the FBI has records demonstrating who's lying 405 00:24:48,119 --> 00:24:52,200 Speaker 1: and who's telling the truth. And now even McCabe is 406 00:24:52,240 --> 00:24:54,119 Speaker 1: calling for them to be released. And I'm going to 407 00:24:54,200 --> 00:25:00,359 Speaker 1: ask Barr and Ray release them now and let us 408 00:25:00,400 --> 00:25:04,359 Speaker 1: know who committed perjury because they can't both be true true. 409 00:25:04,400 --> 00:25:08,280 Speaker 1: One said yes, one said no. It is impossible for 410 00:25:08,320 --> 00:25:11,320 Speaker 1: both to be testifying truth truthfully. And this is the issue. 411 00:25:11,359 --> 00:25:14,960 Speaker 1: We hope, in Secretary of State Mike Pumpey's words, we 412 00:25:15,000 --> 00:25:17,320 Speaker 1: hope for a smooth transition into a second term for 413 00:25:17,359 --> 00:25:20,280 Speaker 1: the president. But in any case, there is no reason 414 00:25:20,560 --> 00:25:22,959 Speaker 1: not to get this information out. Now you know that 415 00:25:23,000 --> 00:25:26,680 Speaker 1: you won't get it under a democratic administration, So very important, 416 00:25:26,840 --> 00:25:30,320 Speaker 1: I thought. I thought the grilling was just terrific to watch, 417 00:25:30,400 --> 00:25:33,760 Speaker 1: and I do hope that we can see the release 418 00:25:33,760 --> 00:25:36,000 Speaker 1: of this kind of material, and I do hope that 419 00:25:36,040 --> 00:25:39,600 Speaker 1: these people are held to account. Speaking of these agencies 420 00:25:39,640 --> 00:25:41,560 Speaker 1: that are out of control, we'll want to get to 421 00:25:41,600 --> 00:25:44,959 Speaker 1: two mail bad questions. First, one from Kim Joe. Biden, 422 00:25:45,119 --> 00:25:47,600 Speaker 1: if he is named president, wants to issue a lot 423 00:25:47,640 --> 00:25:51,200 Speaker 1: of executive orders that would overturn Trump's executive orders. How 424 00:25:51,240 --> 00:25:53,919 Speaker 1: easy is that to do? After the Supreme Court upheld 425 00:25:53,960 --> 00:25:57,399 Speaker 1: one of Obama's unconstitutional executive orders, doesn't that make it 426 00:25:57,440 --> 00:26:01,840 Speaker 1: harder for Biden to overturn Trump's owes if Biden actually 427 00:26:01,880 --> 00:26:04,160 Speaker 1: gets elected. That is what is the deal here. We've 428 00:26:04,160 --> 00:26:06,760 Speaker 1: always told, you know it lived by the executive order, 429 00:26:06,800 --> 00:26:09,240 Speaker 1: die by the executive order, that they're easy to overturn. 430 00:26:09,440 --> 00:26:11,679 Speaker 1: But sometimes the court has shown us that they're not 431 00:26:11,720 --> 00:26:14,840 Speaker 1: so easy to overturn. So that is a really smart, 432 00:26:14,920 --> 00:26:19,679 Speaker 1: savvy question. If we were living in a world of 433 00:26:19,840 --> 00:26:24,160 Speaker 1: principle and reason, the answer to that should be yes, 434 00:26:24,240 --> 00:26:29,240 Speaker 1: it does make it harder. All right, let me step 435 00:26:29,280 --> 00:26:33,439 Speaker 1: back and answered a little bit differently. In any ordinary 436 00:26:33,440 --> 00:26:37,159 Speaker 1: world where you're following the law, a president condissue an 437 00:26:37,160 --> 00:26:40,080 Speaker 1: executive order, the next president can rescind the executive order, 438 00:26:40,080 --> 00:26:43,520 Speaker 1: and the power to do so is unlimited. Now it's 439 00:26:43,520 --> 00:26:45,879 Speaker 1: a different question whether the executive order is legal, but 440 00:26:45,920 --> 00:26:49,879 Speaker 1: the power to rescind an executive order is complete in total. 441 00:26:51,560 --> 00:26:54,760 Speaker 1: And an executive order, by the way, should not be 442 00:26:54,880 --> 00:26:58,080 Speaker 1: making law. It is directing the executive their executive orders, 443 00:26:58,119 --> 00:27:01,800 Speaker 1: going back to George Washington. But those are instructions from 444 00:27:01,800 --> 00:27:05,680 Speaker 1: the president to the executive branch. Here's how you are 445 00:27:05,720 --> 00:27:10,600 Speaker 1: to execute the law. So it's so, and that's an authority. 446 00:27:11,000 --> 00:27:14,080 Speaker 1: Obama abused it by trying to change the law, which 447 00:27:14,080 --> 00:27:22,080 Speaker 1: an executive order can't do. The Supreme Court lawlessly, and 448 00:27:22,119 --> 00:27:24,959 Speaker 1: the most egregious example of it was this past summer 449 00:27:24,960 --> 00:27:31,359 Speaker 1: in June, the Supreme Court struck down President Trump's revoking 450 00:27:31,520 --> 00:27:35,879 Speaker 1: Obama's amnesty executive order, and it was John robertson the 451 00:27:35,880 --> 00:27:38,560 Speaker 1: Four Liberals, and John Roberts wrote what I think was 452 00:27:38,600 --> 00:27:45,840 Speaker 1: a deeply unprincipled opinion where the Chief Justice didn't dispute 453 00:27:45,880 --> 00:27:48,560 Speaker 1: that Obama had no authority to issue the executive order, 454 00:27:48,920 --> 00:27:51,840 Speaker 1: and he said, of course Trump can rescind it, but 455 00:27:53,080 --> 00:27:57,560 Speaker 1: he didn't provide enough explanations as to why. So we're 456 00:27:57,560 --> 00:28:00,880 Speaker 1: going to call a process foul and send it back. 457 00:28:00,920 --> 00:28:04,119 Speaker 1: And the thing that is utterly and completely hypocritical is 458 00:28:04,160 --> 00:28:07,919 Speaker 1: the chances that John Roberts holds a Joe Biden presidency 459 00:28:07,920 --> 00:28:12,520 Speaker 1: to the same standards or zero. It was clearly a 460 00:28:12,600 --> 00:28:19,159 Speaker 1: pretext to reinstate amnesty, and it's frankly it's the same 461 00:28:19,200 --> 00:28:25,040 Speaker 1: pretext John Roberts and the four liberals did the prior 462 00:28:25,240 --> 00:28:28,960 Speaker 1: term in the census case, where the Trump administration was 463 00:28:28,960 --> 00:28:31,280 Speaker 1: going to ask in the census, are you a US citizen? 464 00:28:31,320 --> 00:28:34,800 Speaker 1: A question that has been asked for two hundred years. 465 00:28:35,320 --> 00:28:38,240 Speaker 1: It's been asked over and over and over again in censuses. 466 00:28:38,560 --> 00:28:41,720 Speaker 1: Are you a citizen? Well, left wing activists don't like 467 00:28:41,800 --> 00:28:43,719 Speaker 1: that question because they don't want how many people are 468 00:28:43,760 --> 00:28:49,120 Speaker 1: here illegally? Yeah, and Roberts played the same game, said, well, 469 00:28:49,120 --> 00:28:53,560 Speaker 1: of course you can ask that question, but the memo 470 00:28:53,720 --> 00:28:56,640 Speaker 1: laying it out you didn't have good enough reasons, So 471 00:28:56,640 --> 00:28:59,120 Speaker 1: we're striking it down and saying, show your work, Go 472 00:28:59,200 --> 00:29:01,560 Speaker 1: show your homework a little more. And it was a 473 00:29:01,560 --> 00:29:03,480 Speaker 1: political game because they ran out of time, and so 474 00:29:03,480 --> 00:29:07,440 Speaker 1: I didn't ask the question. That game has been ship 475 00:29:08,120 --> 00:29:13,640 Speaker 1: will only apply to Trump Biden? Will I think repeal 476 00:29:13,680 --> 00:29:16,560 Speaker 1: executive orders? I think if Biden as president, he will 477 00:29:16,600 --> 00:29:23,360 Speaker 1: re enter the Paris Climate Agreement. If Biden as president, 478 00:29:23,400 --> 00:29:26,840 Speaker 1: I think he will reinstate many aspects, if not the 479 00:29:27,040 --> 00:29:30,400 Speaker 1: entirety of the Iran nuclear deal. There's a lot the 480 00:29:30,400 --> 00:29:35,120 Speaker 1: president can do unilaterally. If Republicans keep the Senate, we 481 00:29:35,160 --> 00:29:39,560 Speaker 1: can stop the worst legislative things. That's also something I 482 00:29:39,600 --> 00:29:42,800 Speaker 1: supposed to hope for now. Senator, I know you don't 483 00:29:42,840 --> 00:29:45,320 Speaker 1: want me to bug you about future plans, so I 484 00:29:45,360 --> 00:29:47,760 Speaker 1: will not. But I felt this was a very important question, 485 00:29:47,960 --> 00:29:49,800 Speaker 1: so I'm going to include it. This is from Tommy. 486 00:29:50,440 --> 00:29:54,440 Speaker 1: If Senator Cruz ever seeks higher office, will he keep 487 00:29:54,520 --> 00:29:59,120 Speaker 1: the beard? I think he should. Senator. Your answer, damn 488 00:29:59,160 --> 00:30:02,720 Speaker 1: define out. The Beard's been fun. I grow it on 489 00:30:02,840 --> 00:30:06,280 Speaker 1: a whim. I've had fun with it. At some point. 490 00:30:06,400 --> 00:30:09,560 Speaker 1: Heidi is not crazy about the beard, so there is 491 00:30:09,600 --> 00:30:13,600 Speaker 1: some pressure to get rid of it. Well, we'll see 492 00:30:13,600 --> 00:30:16,480 Speaker 1: how it shakes out. I'm fun with it, right now, Senator, 493 00:30:16,520 --> 00:30:18,680 Speaker 1: I would like on the record you know I won't 494 00:30:18,720 --> 00:30:20,360 Speaker 1: be like Andy McCabe here. I won't try to be 495 00:30:20,520 --> 00:30:23,960 Speaker 1: weasily about my answers. I am fully one hundred percent 496 00:30:24,120 --> 00:30:28,640 Speaker 1: pro beard. I think if for the Verdict listeners, if 497 00:30:28,680 --> 00:30:30,600 Speaker 1: you agree with my position on this, please let us 498 00:30:30,640 --> 00:30:33,600 Speaker 1: know on Twitter. I think it's great, it's very has 499 00:30:33,720 --> 00:30:35,800 Speaker 1: lots of Abraham Lincoln vibes. I think it's cool. If 500 00:30:35,840 --> 00:30:38,280 Speaker 1: I were able to grow a beard, I would. Unfortunately 501 00:30:38,640 --> 00:30:41,040 Speaker 1: it doesn't quite work out on me, but maybe someday 502 00:30:41,040 --> 00:30:43,840 Speaker 1: in the future. Well, I will say that the baby 503 00:30:43,920 --> 00:30:47,360 Speaker 1: face is a good look for you. Well, that's very kind, 504 00:30:47,440 --> 00:30:49,880 Speaker 1: Thank you, Senator. I appreciate that very much, and I 505 00:30:49,920 --> 00:30:52,280 Speaker 1: will I will try to keep the baby face. We will. 506 00:30:52,320 --> 00:30:54,600 Speaker 1: I'm sure the next time we speak have a million 507 00:30:54,640 --> 00:30:58,720 Speaker 1: more developments in this crazy, crazy end to a crazy 508 00:30:58,720 --> 00:31:01,320 Speaker 1: crazy year. In the meantime, I'm Michael Knowles. This is 509 00:31:01,440 --> 00:31:13,840 Speaker 1: Verdict with Ted Cruz. This episode of Verdict with Ted 510 00:31:13,920 --> 00:31:16,520 Speaker 1: Cruz is being brought to you by Jobs, Freedom and 511 00:31:16,640 --> 00:31:22,440 Speaker 1: Security Pack, a political action committee dedicated to supporting conservative causes, organizations, 512 00:31:22,520 --> 00:31:26,080 Speaker 1: and candidates across the country. In twenty twenty two, Jobs 513 00:31:26,120 --> 00:31:29,640 Speaker 1: Freedom and Security Pack plans to donate to conservative candidates 514 00:31:29,680 --> 00:31:33,479 Speaker 1: running for Congress and help the Republican Party across the nation.