WEBVTT - The Battle Over Ballots 0:00:00.360 --> 0:00:03.720 Today, an emergency appeal was filed in the US Supreme 0:00:03.720 --> 0:00:08.039 Court challenging the election results in Pennsylvania. This appeal raises 0:00:08.119 --> 0:00:11.799 serious legal issues, and I believe the court should hear 0:00:11.840 --> 0:00:15.680 the case on an expedited basis. I do believe that. 0:00:15.720 --> 0:00:18.040 But I did not write those words. Those words come 0:00:18.120 --> 0:00:23.079 from our intrepid co host, Senator Cruz. As we continue 0:00:23.120 --> 0:00:27.040 this election mess, I'm Michael knows. This is Verdict with 0:00:27.040 --> 0:00:36.120 Ted Cruz. Welcome back to Verdict with Ted Cruz. It 0:00:36.240 --> 0:00:39.519 is excellent to be here, Senator, with you in person 0:00:39.840 --> 0:00:43.920 in Washington, d C. We haven't done this because what 0:00:44.120 --> 0:00:46.000 we had to spend some time with our families or something. 0:00:46.360 --> 0:00:49.280 It has been too long, and we should apologize to 0:00:49.520 --> 0:00:53.120 all the great listeners of Verdict. But last week I 0:00:53.200 --> 0:00:55.920 was home with my family and my kids and we 0:00:55.920 --> 0:00:59.680 were eating turkey and relaxing, and so it's good to 0:00:59.680 --> 0:01:01.240 be about. It is good to be back. We want 0:01:01.240 --> 0:01:03.520 to thank all of the subscribers who have stuck with 0:01:03.640 --> 0:01:07.720 us through some of those virtual shows, and thank you 0:01:07.760 --> 0:01:10.280 to everybody who has listened in. If you haven't subscribed already, 0:01:10.400 --> 0:01:14.480 please do so on Apple Podcasts, on Spotify, on Google Play, 0:01:14.880 --> 0:01:18.959 on YouTube. We're still on those platforms for now, although 0:01:19.040 --> 0:01:20.960 I suppose a little bit later we'll get to the 0:01:21.000 --> 0:01:26.400 threats that we might face Senator First, the election is 0:01:26.440 --> 0:01:30.360 still dragging on. Some people are saying the president should 0:01:30.360 --> 0:01:32.920 concede immediately. Some people are saying we should let the 0:01:33.000 --> 0:01:35.480 legal process play out. Some people are saying Joe Biden 0:01:35.560 --> 0:01:37.440 is the president elect. Some people are saying the electors 0:01:37.480 --> 0:01:41.320 won't vote until December fourteenth. What is the state of 0:01:41.360 --> 0:01:44.760 the race and the legal challenges, Well, it's not resolved 0:01:44.840 --> 0:01:47.680 right now. There are multiple lawsuits all across the country, 0:01:47.680 --> 0:01:51.280 and those lawsuits need to be resolved. And until then, 0:01:52.080 --> 0:01:54.120 you don't have to say the media kind of stamping 0:01:54.160 --> 0:01:57.800 their feet and insisting it's over now because we say 0:01:57.800 --> 0:02:02.080 it's over. That's a little weird. We're going to have 0:02:02.120 --> 0:02:04.600 a clear and definitive result. Anytime you have an election 0:02:04.640 --> 0:02:08.639 and the election is contested, you wait until the results 0:02:08.639 --> 0:02:12.440 of that contest are over. You know, you remember think 0:02:12.480 --> 0:02:15.680 back to the Minnesota Senate race between Norm Coleman and 0:02:15.720 --> 0:02:21.360 Al Franken. We're Al Franken litigated, fought, and by hook 0:02:21.400 --> 0:02:23.639 or by crook, managed to get enough votes to beat 0:02:23.680 --> 0:02:26.560 Norm Coleman. Good choice of words there. You know, when 0:02:26.720 --> 0:02:30.480 when Democrats are filing the lawsuits, everything's hunky dorry that 0:02:30.919 --> 0:02:34.079 they can challenge it. But in this instance, because it's 0:02:34.080 --> 0:02:36.440 President Trump and his legal team that's challenging it, the 0:02:36.480 --> 0:02:39.480 media is treating it like it is the most unimaginable 0:02:39.520 --> 0:02:44.079 thing we've ever seen for a legal team to bring 0:02:44.160 --> 0:02:49.440 cases and to try to litigate their claims. And now 0:02:49.480 --> 0:02:52.040 I know there have been a lot of claims of fraud. 0:02:52.080 --> 0:02:55.040 There's been some evidence of irregularities of poll watchers not 0:02:55.080 --> 0:02:57.320 being able to see the vote count, and this has 0:02:57.400 --> 0:03:00.280 gone on in various states. We've heard about Arizona, We've 0:03:00.280 --> 0:03:02.520 heard about Georgia, We've heard about Michigan. I want to 0:03:02.520 --> 0:03:06.079 focus on Pennsylvania because it just seems as though there 0:03:06.080 --> 0:03:11.799 are so many narratives going on about fraud or how 0:03:12.240 --> 0:03:14.520 now it's being stolen in the other direction or whatever. 0:03:15.160 --> 0:03:18.400 What is the deal in Pennsylvania and what's the status 0:03:18.400 --> 0:03:20.720 of that claim. Well, let me say two things on 0:03:20.760 --> 0:03:24.120 this one. Just speaking more broadly, it is one hundred 0:03:24.120 --> 0:03:28.000 percent clear there was fraud this election cycle, and there's 0:03:28.040 --> 0:03:30.920 been fraud and prior election cycles. Election fraud is a 0:03:31.080 --> 0:03:34.480 challenge we deal with, and it occurs. The question that 0:03:34.520 --> 0:03:37.440 we don't know the answer to is whether or not 0:03:37.480 --> 0:03:40.120 the Trump team is going to be able to present 0:03:40.520 --> 0:03:44.920 sufficient evidence of fraud to change the outcome. And that's 0:03:44.960 --> 0:03:46.880 really a question. That's why we have a judicial system. 0:03:46.920 --> 0:03:49.640 We have a system to resolve those claims. They don't 0:03:49.640 --> 0:03:54.080 get resolved by wild allegations on Twitter. They don't get 0:03:54.120 --> 0:03:57.839 resolved by TV pundits screaming at the camera. They get 0:03:57.920 --> 0:04:02.680 resolved by evidence and witnesses and expert witnesses and facts, 0:04:02.680 --> 0:04:06.840 and the judicial process exists to determine what can be 0:04:06.880 --> 0:04:11.480 proven and what can't. That hasn't happened yet. I very 0:04:11.560 --> 0:04:14.200 much hope we see a different outcome in the presidential 0:04:14.200 --> 0:04:17.040 than we have right now. It's a tough road, I'm 0:04:17.120 --> 0:04:18.880 sorry to say. It is an uphill road to get 0:04:18.920 --> 0:04:21.320 there because there are multiple states where the outcome needs 0:04:21.360 --> 0:04:26.360 to flip, and so the president's legal team to change 0:04:26.760 --> 0:04:30.040 the ultimate outcome needs to prevail not just in one state, 0:04:30.120 --> 0:04:33.200 but in several. That's hard, it's not an easy thing. 0:04:33.720 --> 0:04:36.680 But he is absolutely entitled to litigate it, and I 0:04:36.720 --> 0:04:38.640 think it is important to get to the bottom of 0:04:38.680 --> 0:04:42.560 what happened. Now you asked about Pennsylvania in particular. Pennsylvania 0:04:42.760 --> 0:04:46.920 is the biggest of the states whose outcome is in dispute, 0:04:48.200 --> 0:04:53.120 and there are serious legal issues at the core of Pennsylvania. 0:04:53.160 --> 0:04:56.680 One of the problems you've got in Pennsylvania, you've got 0:04:56.720 --> 0:05:01.000 a Supreme Court that consists of partisan Mamocrats. Democrats have 0:05:01.040 --> 0:05:03.840 a five to advantage on the Supreme Court. Is the 0:05:03.880 --> 0:05:07.000 Supreme Court of Pennsylvania of Pennsylvania. Yes, And and they 0:05:07.040 --> 0:05:11.080 have been they have not been good actors. That they 0:05:11.080 --> 0:05:15.520 have behaved in a nakedly partisan way. So we saw 0:05:15.680 --> 0:05:20.400 before the election, the Pennsylvania Supreme Court ruled that ballots 0:05:20.440 --> 0:05:23.560 that were received after election day, even potentially ballots that 0:05:23.600 --> 0:05:27.520 were mailed after election day, could be counted. And it 0:05:27.600 --> 0:05:32.160 was a decision. It was a partisan decision. They were 0:05:32.200 --> 0:05:35.760 rewriting state election law because they thought it benefited the Democrats. 0:05:35.800 --> 0:05:39.160 And and and actually the US Supreme Court, Justice sam 0:05:39.160 --> 0:05:41.839 Alito wrote an opinion he was joined by Justice Thomas 0:05:41.839 --> 0:05:45.599 and Justice Gorsuch, where he said that the decision of 0:05:45.600 --> 0:05:50.080 the Supreme Court very likely violated the US Constitution. That 0:05:50.160 --> 0:05:53.400 was before the election. The US Supreme Court declined to 0:05:53.400 --> 0:05:57.000 resolve that issue before the election, which they should have. Yeah. Okay, 0:05:57.560 --> 0:05:59.800 so fast forward to down the statement you read at 0:05:59.800 --> 0:06:03.559 the opening the pod. I wrote yesterday, and I wrote 0:06:03.560 --> 0:06:06.279 it because I read the Supreme Court pleading that was 0:06:06.400 --> 0:06:09.560 filed in Pennsylvania. So they've asked the US Supreme Court 0:06:09.600 --> 0:06:14.280 to take the case. The central claim in this case 0:06:14.400 --> 0:06:16.360 is a little bit different from the one the Pennsylvania 0:06:16.360 --> 0:06:23.560 Supreme Court decided before the election. Right, the state of Pennsylvania, 0:06:23.600 --> 0:06:27.520 the state legislature in March of this year change the 0:06:27.560 --> 0:06:33.000 election law pretty dramatically in Pennsylvania to allow universal mail 0:06:33.040 --> 0:06:36.360 in balloting with no excuse, no basis. Anyone can mail 0:06:36.360 --> 0:06:39.560 in ballot. And so this is distinct from the traditional 0:06:39.560 --> 0:06:42.000 system of absentee, which is you go, you request, you say, 0:06:42.120 --> 0:06:44.200 I've got this reason that I need an absentee ballot. Right. 0:06:44.640 --> 0:06:46.800 This is a new system that they instituted, which is 0:06:47.040 --> 0:06:52.160 you just get mail to ballot. Yes, and they did so. 0:06:52.279 --> 0:06:57.719 Now what's interesting is the Pennsylvania State Constitution explicitly lays 0:06:57.720 --> 0:07:00.680 out the circumstances in which you can have a see Valady, 0:07:00.839 --> 0:07:03.120 and the Pennsylvania State Constitution is pretty strict on it. 0:07:03.880 --> 0:07:08.320 As a general matter, the Pennsylvania Constitution requires in person voting. 0:07:08.960 --> 0:07:12.240 And then they're a handful of exceptions that are specified, 0:07:12.320 --> 0:07:15.880 things like military service, things like if you're sick or 0:07:15.920 --> 0:07:18.520 have a serious disability, and those are written into the Constitution. 0:07:19.240 --> 0:07:21.960 And there's actually a long history in Pennsylvania where the 0:07:22.080 --> 0:07:28.880 legislature has multiple times previously past laws expanding absentee vality, 0:07:29.320 --> 0:07:31.520 and the Pennsylvania Supreme Court has struck them down over 0:07:31.600 --> 0:07:34.480 and over again and said, no, the Pennsylvania Constitution says 0:07:34.520 --> 0:07:37.680 you can't do that. So what happened here here the 0:07:37.720 --> 0:07:42.240 Pennsylvania legislature rewrote the law in direct contradiction to the 0:07:42.240 --> 0:07:47.160 Pennsylvania Constitution. So this claim that is at the center 0:07:47.200 --> 0:07:51.320 of this case is arguing that the universal mail in 0:07:52.280 --> 0:07:59.480 law that Pennsylvania passed contradicts the Constitution of Pennsylvania. Now 0:08:00.120 --> 0:08:03.560 District Judge in Pennsylvania agreed with that claim. Okay, and 0:08:03.600 --> 0:08:06.120 the secretion seems clearer, doesn't, I mean, it's it's and 0:08:06.320 --> 0:08:09.320 and there are two different Pennsylvania Supreme Court cases from 0:08:09.360 --> 0:08:12.960 decades past clearly holding that, explicitly holding that the text 0:08:13.000 --> 0:08:17.160 of the Constitution explicitly says that. And so a Pennsylvania 0:08:17.240 --> 0:08:20.200 district judge said, you're likely to prevail on this claim 0:08:20.240 --> 0:08:23.400 that what the legislature did is contrary to the Constitution. 0:08:24.400 --> 0:08:28.720 Pennsylvania Supreme Court rejected that claim, and they rejected it 0:08:29.600 --> 0:08:32.600 under a legal doctrine called latches. Now know what the 0:08:32.600 --> 0:08:36.400 heck is latches. Latches are very common doctrine, and it 0:08:36.520 --> 0:08:39.280 essentially means you slept on your rights. Another way of 0:08:39.320 --> 0:08:42.000 putting it as you waited too long. Yeah, And the 0:08:42.040 --> 0:08:46.560 Pennsylvania Supreme Court said, look, you guys waited till after 0:08:46.640 --> 0:08:48.960 the election to bring this case. You should have brought 0:08:49.000 --> 0:08:51.400 it earlier. Smester, you can't bring it. You missed your chance. 0:08:52.800 --> 0:08:55.320 So yesterday morning I printed out and read the Supreme 0:08:55.360 --> 0:08:59.640 Court pleading and I was actually it was it raises 0:08:59.679 --> 0:09:03.640 some very serious legal issues. One of the points they 0:09:03.679 --> 0:09:06.880 made is they said, look, Pennsylvania Supreme Court said through 0:09:06.880 --> 0:09:09.960 a case out based on latches, but they also have 0:09:10.120 --> 0:09:13.800 ruled that a candidate lacks standing to challenge an election 0:09:13.880 --> 0:09:17.000 law before the election. So they put us in a 0:09:17.040 --> 0:09:19.320 catch twenty two where we can't challenge it before the 0:09:19.360 --> 0:09:21.760 election because we don't have standing, and we can't challenge 0:09:21.760 --> 0:09:23.719 it after the election because they say we waited too long. 0:09:24.360 --> 0:09:27.240 It can't be the case that you could never challenge 0:09:27.920 --> 0:09:31.680 a law that's facially on constitutional. Right now, that's a 0:09:31.679 --> 0:09:33.520 pretty damn good argument. Yeah. I mean you read it 0:09:33.520 --> 0:09:36.440 and you're like, okay, wait a second, that's pretty strong. 0:09:37.720 --> 0:09:42.160 When the Pennsylvania Legislature changed their election law, they also 0:09:42.200 --> 0:09:46.520 put on the ballot a referendum to amend the constitution 0:09:46.559 --> 0:09:51.240 in Pennsylvania to allow universal mail in voting. So that's 0:09:51.280 --> 0:09:53.680 going to be on the ballot. Here's one of the 0:09:53.720 --> 0:09:57.280 weird things when it's on the ballot, whether or not 0:09:57.320 --> 0:10:00.480 to allow universal mail in voting. Pencil Vania is going 0:10:00.520 --> 0:10:03.240 to have it voted on using universal mail in voter So, 0:10:03.559 --> 0:10:06.040 I mean, it really is. That's actually a footnote in 0:10:06.040 --> 0:10:08.240 the Supreme Court pleading that just I laughed out loud, 0:10:08.360 --> 0:10:13.960 he said, this is frigging nuts. You're so I wrote 0:10:14.000 --> 0:10:16.920 a statement and the statement you read, it's it's about 0:10:16.920 --> 0:10:19.840 a page long. Yeah. By the way, you know, look, 0:10:19.920 --> 0:10:23.120 most press releases that I put out, I've got a team, 0:10:23.120 --> 0:10:25.240 a staff of very tallenge you're telling you don't write 0:10:25.240 --> 0:10:28.360 every single word of every single press release. That one 0:10:28.400 --> 0:10:32.680 I did, That that one I sat down and hammered 0:10:32.720 --> 0:10:35.040 it out on the keyboard and tried to explain, Look, 0:10:35.080 --> 0:10:40.360 these issues are serious, and the US Supreme Court, I believe, 0:10:40.440 --> 0:10:42.720 should hear it. Now. There's a very good chance they 0:10:42.800 --> 0:10:45.559 say no, they decline to hear it. Frankly, if you're 0:10:45.600 --> 0:10:48.040 a Supreme Court justice and you're trying to protect your 0:10:48.040 --> 0:10:51.520 own backside, the natural instinct is not to take the case. 0:10:51.960 --> 0:10:54.600 But the reason I wrote that statement was to say 0:10:54.640 --> 0:10:58.079 to them, I think the US Supreme Court has a 0:10:58.160 --> 0:11:05.400 responsibility that the degree of distrust in this election. Yeah, um, yeah, 0:11:05.400 --> 0:11:09.199 Well you actually give the number in the statement. According 0:11:09.240 --> 0:11:13.160 to Reuters and IPSOS polling, thirty nine percent of Americans believe, 0:11:13.280 --> 0:11:16.360 quote the election was rigged, thirty almost forty percent of 0:11:16.360 --> 0:11:19.760 Americans that That is the next sentence I think, I say, 0:11:19.760 --> 0:11:22.199 and that is that that is not healthy for our democracy. 0:11:22.280 --> 0:11:25.160 That is now. I know you really did write the statement, 0:11:25.679 --> 0:11:30.480 But part of the reason I urged the Court to 0:11:30.520 --> 0:11:33.560 take the case is I think this the Supreme Court 0:11:33.600 --> 0:11:37.480 has a responsibility to try to ensure we're following the 0:11:37.559 --> 0:11:40.920 law and the Constitution and to take a step to 0:11:41.080 --> 0:11:45.400 calm the acrimony in the division. Having so many Americans 0:11:46.160 --> 0:11:50.400 distrust our entire system as rigged, as fake, as bogus. 0:11:51.200 --> 0:11:53.480 That ain't good. Right. Well, you know it's funny because 0:11:53.880 --> 0:11:55.920 your reaction was the same as mine, which is, if 0:11:55.920 --> 0:11:57.439 I were on the court, I sure wouldn't want to 0:11:57.440 --> 0:11:59.280 take the case. I don't want to be accused of 0:11:59.280 --> 0:12:02.680 politicizing anything. But it does seem that there's an irony 0:12:02.760 --> 0:12:05.200 where the court that's so reticent to be seen as 0:12:05.240 --> 0:12:09.480 political actually seems very very political. You know, if they 0:12:09.480 --> 0:12:12.000 were to take the case. First of all, it very 0:12:12.040 --> 0:12:14.880 likely would not change the outcome of the presidential election, 0:12:15.040 --> 0:12:17.839 but at least, for goodness sakes, it would restore some 0:12:17.920 --> 0:12:21.040 confidence that we're not just all playing partisan politics, that 0:12:21.200 --> 0:12:24.840 we actually will follow the state constitutions and the law. Well, 0:12:24.920 --> 0:12:28.040 and look, let me be candid. The Pennsylvania case their 0:12:28.120 --> 0:12:32.080 challenge is also so there's number one, there's a jurisdictional 0:12:32.160 --> 0:12:35.360 doctrine at the US Supreme Court, which is, the US 0:12:35.440 --> 0:12:40.440 Supreme Court cannot take an appeal if there is what 0:12:40.640 --> 0:12:44.240 is called an adequate and independent state ground. In other words, 0:12:44.280 --> 0:12:48.000 on a question of Pennsylvania state law, the Pennsylvania Supreme 0:12:48.000 --> 0:12:50.520 Court is the final arbitry the US Supreme Court doesn't 0:12:50.520 --> 0:12:53.840 decide issues of state law, right, and so if a 0:12:53.920 --> 0:12:56.960 state supreme court has decided a case on an issue 0:12:57.000 --> 0:13:00.880 of state law and that's sufficient, the US Supreme Court 0:13:00.920 --> 0:13:03.680 can't take it. And so a tough question in this 0:13:03.720 --> 0:13:08.360 case is what is the federal question that gives the 0:13:08.440 --> 0:13:11.079 US Supreme Court jurisdiction? Well, you know, actually from your 0:13:11.120 --> 0:13:13.400 own state. I think we'd mentioned this in a prior podcast. 0:13:13.640 --> 0:13:16.400 There was a Senate race in nineteen forty eight when 0:13:16.679 --> 0:13:19.959 Lyndon Johnson stole an election and it went all the 0:13:19.960 --> 0:13:21.960 way up to the Supreme Court, and the Supreme Court said, 0:13:22.640 --> 0:13:24.679 we don't have jurisdiction here, we don't want to settle, 0:13:24.760 --> 0:13:27.280 we don't want to interfere in this state election. And 0:13:27.320 --> 0:13:30.360 that was it, and they they gave Johnson the seat. Now, look, 0:13:30.400 --> 0:13:33.160 they're obviously counterpoints Bush versus Gore, And as you know, 0:13:33.200 --> 0:13:36.200 I was part of the legal team litigating that. We've 0:13:36.200 --> 0:13:38.640 talked on the podcast before about my book One Vote Away, 0:13:38.679 --> 0:13:41.440 where I talk at great length about Bush versus Gore 0:13:41.559 --> 0:13:46.640 about the inside strategy there. Likewise, the Florida Supreme Court 0:13:46.720 --> 0:13:50.880 twice issued rulings that was also a partisan democratic court. 0:13:50.960 --> 0:13:54.440 They were lawless rulings, and the US Supreme Court and 0:13:54.440 --> 0:13:58.439 Bush versus Gore stepped in and ultimately resolved the case, 0:13:58.440 --> 0:14:05.600 and they did the right thing. A challenge here is, 0:14:05.640 --> 0:14:08.880 even if the Trump team wins in Pennsylvania, that alone 0:14:09.080 --> 0:14:11.880 is not enough to switch the outcome, right, So that 0:14:12.240 --> 0:14:17.000 may well, that will certainly be a basis that encourages 0:14:17.040 --> 0:14:20.400 the justices not to take the case. Is either way, 0:14:20.440 --> 0:14:24.040 the outcomes the same. It's why I wrote what I 0:14:24.080 --> 0:14:30.800 did that Listen, this dynamic of so many Americans not 0:14:30.920 --> 0:14:34.800 having faith in the integrity of our democratic system. That's 0:14:34.880 --> 0:14:39.600 a real problem, and I think the Supreme Court has 0:14:39.560 --> 0:14:43.240 a responsibility to cure the claims and decide them pursue 0:14:43.240 --> 0:14:44.960 it to the law. Well, there are other issues in 0:14:45.000 --> 0:14:47.760 other states, and we do have to touch on not 0:14:47.800 --> 0:14:51.040 just the presidential race, but and not just Pennsylvania, but 0:14:51.160 --> 0:14:55.800 Georgia and specifically the Georgia Senate races, because whatever happens 0:14:55.800 --> 0:14:58.720 with the presidential race there, you've got these runoff races. 0:14:58.760 --> 0:15:03.040 This will decide who controls the Senate. You laid out 0:15:03.120 --> 0:15:06.520 the Democrats plan for if they do take control of 0:15:06.560 --> 0:15:08.760 the Senate in the White House, it's pretty radical. Stuff. 0:15:08.760 --> 0:15:11.000 It could end the Republican Party in many ways as 0:15:11.000 --> 0:15:14.600 a national party. What is the state of play there? 0:15:15.120 --> 0:15:18.600 It's David Purdue and Kelly Laffler are the Republicans and 0:15:18.640 --> 0:15:21.440 the incumbents. You sit next to David Purdue in the Senate, 0:15:21.480 --> 0:15:23.440 so you've got a very close view of all of this. 0:15:23.600 --> 0:15:26.640 How do things stand in Georgia? So where we are 0:15:26.760 --> 0:15:29.080 right now in the Senate, as Republicans have a fifty 0:15:29.080 --> 0:15:32.000 two forty eight majority, but two of those seats, the 0:15:32.000 --> 0:15:35.480 Georgia seats, there's a runoff on January fifth. Ye, if 0:15:35.520 --> 0:15:39.360 we lose them both, the Senate becomes fifty fifty. If 0:15:39.360 --> 0:15:41.320 we win them both, we stay at fifty two forty 0:15:41.320 --> 0:15:45.400 eight and fifty fifty. By the way, if Joe Biden 0:15:45.440 --> 0:15:48.400 does as send to the presidency, the tiebreaker then is 0:15:48.440 --> 0:15:51.600 Kamala Harris. So the Democrats have it. So it means 0:15:51.640 --> 0:15:54.080 if we lose them both and Joe Biden as president, 0:15:54.080 --> 0:15:57.200 it means Chuck Schumer as the majority leader. And I 0:15:57.280 --> 0:15:59.760 got to say, in our lifetimes, I don't believe there 0:15:59.760 --> 0:16:03.120 has been a Senate race as consequential as the Georgia 0:16:03.200 --> 0:16:10.640 Senate race on January fifth, because the two outcomes are 0:16:10.880 --> 0:16:16.720 radically different. World Number One, the Democrats win if we 0:16:16.880 --> 0:16:21.840 have a Biden Schumer Pelosi government. There's no check on 0:16:21.880 --> 0:16:24.360 the radicals in the Democratic Party. Here's what I believe 0:16:24.360 --> 0:16:27.720 will happen with a Biden Schumer Pelosi government. I think 0:16:27.760 --> 0:16:31.400 they'll end the filibuster, which means there is no ability 0:16:31.480 --> 0:16:34.840 the minority to stop the most radical policy proposals they 0:16:34.920 --> 0:16:39.880 put forward. I think they will pass a massive tax increase, 0:16:39.960 --> 0:16:44.680 not just repealing the Trump tax cut, but massively increasing taxes. 0:16:45.320 --> 0:16:48.480 I think they will pass all or major components of 0:16:48.480 --> 0:16:51.160 the Green New Deal, which will be absolutely crushing too 0:16:51.200 --> 0:16:54.920 small businesses and jobs. I think they will grant amnesty 0:16:54.920 --> 0:16:57.760 to every single illegal alien in America and try to 0:16:57.800 --> 0:17:00.480 make them voters as quickly as possible, and has more 0:17:00.520 --> 0:17:03.000 or less said that already. And I think they will 0:17:03.040 --> 0:17:05.560 add two new states to the Union. They will add 0:17:05.600 --> 0:17:08.400 the district to Columbia and Puerto Rico because they believe 0:17:08.440 --> 0:17:11.920 they'll elect four Democratic senators immediately, which means we could 0:17:11.960 --> 0:17:16.400 start January with fifty Democratic Senators and in the year 0:17:16.480 --> 0:17:19.359 with fifty four. And this is all about power, This 0:17:19.400 --> 0:17:22.800 is about locking in their power. And I believe if 0:17:22.800 --> 0:17:24.960 we lose these two Georgia seats, I believe that the 0:17:25.040 --> 0:17:28.160 Democrats will pack the US Supreme Court. They'll put on 0:17:28.840 --> 0:17:31.879 four radical judicial acts. So you think that the remainder, 0:17:31.880 --> 0:17:35.919 there's really only one even sort of quasi moderate Democrat left, 0:17:36.000 --> 0:17:39.800 Joe Mansion from West Virginia. When Joe Mansion says I'm 0:17:39.840 --> 0:17:42.280 going to vote against all the radical stuff, I'm gonna 0:17:42.320 --> 0:17:46.359 be the stop against AOC, you think that's just a 0:17:46.359 --> 0:17:48.679 lot of talk. I don't believe him. I think what 0:17:48.800 --> 0:17:52.800 Joe is doing is politicking in Georgia. He's trying to 0:17:52.840 --> 0:17:55.920 convince Georgians vote for the Democrats. Listen, Joe is someone 0:17:55.920 --> 0:17:58.520 I've served with for eight years now. Joe is a 0:17:58.640 --> 0:18:02.040 very Mansion is a very nice guys, a very affable guy. 0:18:02.080 --> 0:18:04.960 It's it's nobody dislikes Joe. It's hard to dislike it. 0:18:05.200 --> 0:18:07.960 He's got he keeps a vote on the Potomac, and 0:18:08.000 --> 0:18:10.680 he invites senators to go out, you know, go out 0:18:10.720 --> 0:18:15.160 on like sunset cruise in the Potomac, which is fun 0:18:15.200 --> 0:18:16.760 to do. You look, I mean, I've I've gone out 0:18:16.800 --> 0:18:21.280 with him and and hung out with him. Joe when 0:18:21.320 --> 0:18:24.159 I was first elected to the Senate. One of the 0:18:24.680 --> 0:18:27.399 one of my colleagues said to me, he said, Joe 0:18:28.040 --> 0:18:31.520 is like a purple unicorn. He will always always be 0:18:31.680 --> 0:18:36.120 with you, right up until the moment you need him. 0:18:36.119 --> 0:18:40.119 And I can tell you in eight years in the Senator, 0:18:40.200 --> 0:18:45.280 I cannot think of a single issue where Joe Joe 0:18:45.400 --> 0:18:49.920 Mansion was the deciding vote. Um. He will occasionally vote 0:18:49.920 --> 0:18:53.760 with Republicans when his vote doesn't matter, Yeah, but when 0:18:53.760 --> 0:18:56.520 when push comes to shove, I don't believe he will 0:18:56.560 --> 0:19:00.600 stand up to Chuck Schumer. Um. Now I could see 0:19:00.680 --> 0:19:02.719 him doing. I think he'll vote with Schumer to end 0:19:02.720 --> 0:19:05.920 the filibuster, and he'll vote with Schumer to add DC 0:19:06.080 --> 0:19:08.400 in Puerto Rico. And then if they have fifty four Democrats, 0:19:08.400 --> 0:19:11.520 maybe he votes against packing the court right right after, 0:19:11.920 --> 0:19:15.119 ensuring that they can win and they lock in this majority. 0:19:15.320 --> 0:19:18.639 And it's worth pointing out to the opponents here are 0:19:19.200 --> 0:19:22.240 pretty radical people. You have John Assoff, who if that 0:19:22.320 --> 0:19:25.080 name is familiar to any of the listeners, it's because 0:19:25.119 --> 0:19:27.840 Hollywood propped him up to run for Congress just a 0:19:27.880 --> 0:19:30.280 few years ago, and he lost that race. But he 0:19:30.400 --> 0:19:33.520 was the sort of Hollywood darling. He's just come out 0:19:33.520 --> 0:19:36.359 and said we need to basically empower the bureaucracy to 0:19:36.440 --> 0:19:38.840 make all of the decisions for us and basically have 0:19:38.920 --> 0:19:41.560 government by experts, so much for we the people. And 0:19:41.600 --> 0:19:45.560 then the other candidate in this race, Raphael Warnock, is 0:19:45.600 --> 0:19:50.920 as radical as they come. He is openly embraced socialism. 0:19:50.960 --> 0:19:53.119 He's said that one cannot serve God and be in 0:19:53.160 --> 0:19:56.399 the United States military. For goodness sakes, this guy is 0:19:57.480 --> 0:19:59.760 forget we talk about AOC or whoever. This guy is 0:20:00.800 --> 0:20:03.159 maybe the most radical politician I've seen in our in 0:20:03.200 --> 0:20:06.600 our national discourse. He is quite radical. He is a 0:20:07.359 --> 0:20:11.359 preacher in the mold of Jeremiah Right and and in 0:20:11.440 --> 0:20:16.880 fact his former church welcomed and embraced Fidel Castro Right. 0:20:20.400 --> 0:20:23.680 The Democratic Party, particularly in Georgia, has decided to go far, 0:20:23.760 --> 0:20:27.000 far left. But to be honest, I actually don't think 0:20:27.040 --> 0:20:32.320 even though these candidates are extreme, yea, in some ways, 0:20:32.880 --> 0:20:40.600 it doesn't even matter. The Democrats are disciplined. Look, they're collectivists, 0:20:41.000 --> 0:20:45.479 they believe in Stadism, they believe in Some of them 0:20:45.480 --> 0:20:49.159 are markraists. They obey orders. Yeah, that's I was talking 0:20:49.200 --> 0:20:53.000 with talking today with Lamar Alexander. Lamar Alexander is retiring. 0:20:53.040 --> 0:20:55.480 He gave his farewell speech today, And so I was 0:20:55.480 --> 0:20:58.439 talking with Lamar on the Senate floor, and we were 0:20:58.480 --> 0:21:03.800 talking about the challenge that the Democrats. They always have message, discipline, 0:21:03.800 --> 0:21:08.720 they're always together. Look on the Republican side, for good 0:21:08.800 --> 0:21:11.160 or for ill, we've got a bunch of individualists. We've 0:21:11.160 --> 0:21:15.439 got a party with Rand Paul and Susan Collins. Yeah, 0:21:15.480 --> 0:21:18.679 that's a lot of diversity, and we're running all sorts 0:21:18.680 --> 0:21:21.480 of different crazy directions. I mean it's it's we don't 0:21:21.520 --> 0:21:25.760 follow orders, right, they're a virtues to that. But on 0:21:25.800 --> 0:21:33.200 the Democratic side, if they get a majority, Chuck Schumer 0:21:33.320 --> 0:21:38.160 Pelosi will dictate the agenda in Congress, which means AOC 0:21:38.520 --> 0:21:41.919 and Elizabeth Warren and Bernie Sanders will dictate the agenda, 0:21:42.240 --> 0:21:46.520 in particular because Schumer will be terrified of being primaried 0:21:46.560 --> 0:21:49.879 from the left by AOC. Yeah, right, I think this 0:21:49.920 --> 0:21:51.919 is a good I remember you had warned about this 0:21:51.960 --> 0:21:54.080 point a while ago. Yeah, and I sort of thought, oh, no, 0:21:54.320 --> 0:21:57.040 I don't know, he'll stand up. No, there's no incentive 0:21:57.040 --> 0:21:58.919 for him too. You know, if this is a unified government, 0:21:58.960 --> 0:22:01.240 the left is going to be calling shots. Well and 0:22:01.320 --> 0:22:04.160 Schumer's a political animal through and through. That's just who 0:22:04.200 --> 0:22:08.600 he is. He lives for politics, and he's seen Democrat 0:22:08.720 --> 0:22:14.280 after democrat beaten from the left and primaries. I don't 0:22:14.280 --> 0:22:17.119 think there will be any appetite to stand up to 0:22:17.160 --> 0:22:20.840 the demands of the far left. Now with a Republican majority, 0:22:20.840 --> 0:22:23.840 if we win in Georgia, it's not all going to 0:22:23.920 --> 0:22:29.520 be you know, Honey and Roses. If we win, we 0:22:29.560 --> 0:22:32.080 will have a narrow Republican majority. If we have a 0:22:32.119 --> 0:22:35.800 Biden presidency. Look, there will be some bad things that 0:22:35.880 --> 0:22:38.400 Republicans join with Democrats to pass that I will fight 0:22:38.480 --> 0:22:41.760 hard against, and we'll have podcasts with me raving about him. 0:22:43.600 --> 0:22:49.760 But the reason majority matters so much is ball control. 0:22:49.920 --> 0:22:52.800 So in the majority, you're you're the chairman of every committee, 0:22:53.760 --> 0:22:55.680 and you can control what bills are voted on and 0:22:55.800 --> 0:22:59.280 what or not. So I can tell you with a 0:22:59.400 --> 0:23:03.120 one hundred percent certainty that if there's a Republican majority 0:23:03.119 --> 0:23:05.800 in the Senate, we will not see a massive tax increase. Yeah, 0:23:06.800 --> 0:23:08.920 I can tell you with one hundred percent certainty, DC 0:23:09.040 --> 0:23:11.440 will not become a state. I could tell you with 0:23:11.480 --> 0:23:14.679 one hundred percent certainty the US Supreme Court will not 0:23:14.720 --> 0:23:19.880 be packed all of those if we have the majority, 0:23:19.920 --> 0:23:23.840 they ain't happening. Will there be some other bad things? 0:23:23.840 --> 0:23:29.320 Will there be some trillion dollars spending bills that are 0:23:29.359 --> 0:23:35.280 horrific and drive up the debt? Yes? Will there be 0:23:35.400 --> 0:23:40.640 some terrible immigration deal. Probably I'll fight hard against those. 0:23:40.720 --> 0:23:42.760 But you know what, I'd rather be in those fights 0:23:42.760 --> 0:23:47.080 where I'm trying to fight against policies that are bad 0:23:47.200 --> 0:23:53.800 versus fundamental permanent structural Taking the US Supreme Court from 0:23:53.880 --> 0:23:57.600 nine justices to thirteen that does damage to the Constitution, 0:23:57.680 --> 0:24:01.760