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Speaker 1: Today, I'm calling on every Senate Democrat to stop the madness,

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Speaker 1: to be smart. It's not working.

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Speaker 2: They're getting killed in the polls. The public understands.

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Speaker 3: What they're doing.

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Speaker 1: They're doing the wrong thing.

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Speaker 2: You're listening to the forty seven Morning Update with Ben Ferguson.

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Speaker 3: Good Wednesday morning. Nice to have you with us on

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Speaker 3: the forty seven Morning Update. Ben Ferguson with you, and

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Speaker 3: we have got one bomb shell of a story. We

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Speaker 3: have now learned that Jack Smith and the Democrats of

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Speaker 3: the DOJ and the FBI, we're spying on even more

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Speaker 3: members of Congress, spying on Senators, congressmen, and maybe others

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Speaker 3: we don't even know about yet. All of this coming

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Speaker 3: from the ex Trump Special counsel, Jack Smith, and what

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Speaker 3: we now know is he was going after major conservative leaders.

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Speaker 3: I'm gonna have all the details on this coming up

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Speaker 3: in just a moment, but first I want to talk

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Speaker 3: to you about an incredible opportunity. As I was at

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Speaker 3: the memorial service for Charlie Kirk, there was a really

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Speaker 3: interesting moment that took place. He was the president of

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Speaker 3: Hillsdale College coming out and talking about how when he

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Speaker 3: sat down with Charlie Kirk when he was younger. He said,

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Speaker 3: You're going to have to put in the work. It's

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Speaker 3: going to be painful, You're going to have to continue

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Speaker 3: to learn and to study. And then that is when

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Speaker 3: Charlie Kirk started taking classes at Hillsdale College. Well, I

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Speaker 3: am now taking two different classes at Hillsdale College specifically

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Speaker 3: because of that moment, because it's time that all of

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Speaker 3: us go back to our roots and learn or take

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Speaker 3: refreshers on vitally important things that are happening in this country.

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Speaker 3: Hillsdale College is now offering more than forty free online courses.

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Speaker 3: That's right, more than forty free courses that you can take.

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Speaker 3: You can learn about the works of C. S. Lewis,

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Speaker 3: the stories of the Book of Genesis, the meaning of

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Speaker 3: the US Constitution, the rise in the fall of the

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Speaker 3: Roman Republic, or the history of the ancient Christian Church,

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Speaker 3: all with Hillsdale College's free online courses. Personally, I'm enjoying

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Speaker 3: the Constitution one oh one. I feel like I know

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Speaker 3: a lot about the Constitution. I talk about it, I've

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Speaker 3: studied it, but I wanted a college refresher course, and

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Speaker 3: that's why I'm studying it right now. In this course.

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Speaker 3: You're going to explore the design and the purpose of

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Speaker 3: the Constitution, the challenges it faced during the Civil War,

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Speaker 3: and how it had been undermined by more than a

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Speaker 3: century of progressives and liberals. This twelve lecture course is

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Speaker 3: self pace, so you can start whenever and wherever you

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Speaker 3: want to. And our country needs now more than ever,

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Speaker 3: Americans who understand the Constitution and can defend the freedom

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Speaker 3: of the American people against the encroachment of an insanely

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Speaker 3: large and unaccountable government. So start your free Constitution one

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Speaker 3: oh one course or any of the other courses at

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Speaker 3: Hillsdale College now for free. So go right now to

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Speaker 3: Hillsdale dot edu sam Morning Update to enroll for free,

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Speaker 3: no costs, and it's easy to get started. Hillsdale dot

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Speaker 3: edu slash Morning Update to enroll for free. Hillsdale dot

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Speaker 3: edu slash Morning Update. It's the forty seven Morning Update

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Speaker 3: and it starts right now.

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Speaker 2: Story number one.

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Speaker 3: It is very clear now that it was intentional, It

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Speaker 3: was targeted political spying that likely went to the very

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Speaker 3: highest levels in the Biden administration, and there should be

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Speaker 3: the broadest possible investigation and accountability for what Jack Smith

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Speaker 3: and the Democrats were doing. We have learned a lot

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Speaker 3: more now and there are more centers names to add

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Speaker 3: to the list of those who were spied on by

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Speaker 3: Jack Smith. Ted Cruz's phone records, we've now learned were

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Speaker 3: subpoena as part of an investigation the Jacksmith conducted or

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Speaker 3: oversaw into the January sixth events and the broader quote

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Speaker 3: interference matter. The subpoena in his case specifically covered the

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Speaker 3: period of January fourth through the seventh of twenty twenty one,

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Speaker 3: just before and around the time of the January sixth disturbances.

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Speaker 3: The Axios piece says that Cruz is the ninth Republican

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Speaker 3: US senator whose phone records were targeted or subpoenaed by

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Speaker 3: the Justice Department under Smith's leadership and direction. The subpoena

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Speaker 3: apparently requested a broad set of metadata inbound and outbound calls,

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Speaker 3: text messages, direct connect voicemail messages, plus names and even addresses.

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Speaker 3: Some Republican centers, for example Marshall Blackbird of Tennessee, have

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Speaker 3: now sent letters to the Attorney General and to the

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Speaker 3: telecom carriers alleging that this amounts to politicize surveillance of

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Speaker 3: Congress by the Department of Justice and the FBI, I

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Speaker 3: calling it spying on duly elected members of Congress. One

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Speaker 3: report from October to eighth places the number of GOP

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Speaker 3: lawmakers senators plus at least one representative whose metadata was

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Speaker 3: actually obtained, and nine eight centers and one House member

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Speaker 3: in that initial batch, which now is expanding. The reporting

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Speaker 3: is based on subpoenas and metadata requests. It is not clear,

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Speaker 3: at least in the public, what the contents are, what

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Speaker 3: they did with the communications, what was accessed, or what

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Speaker 3: was done by the DOJ and the FBI with the metadata.

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Speaker 3: For Ted Cruz specifically, this is what we do know.

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Speaker 3: The reason why he wasn't in the first batch is

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Speaker 3: because he was not with Verizon. Instead, his carrier was

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Speaker 3: AT and T, Which brings me to a special part

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Speaker 3: of the show. Senator Ted Cruz and I set down

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Speaker 3: to talk about this spying, exactly what happened and why

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Speaker 3: we're now seeing this expand to other members of Congress,

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Speaker 3: and there could be more to come that were spied

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Speaker 3: on by the Democrats and Jack Smith. So take a

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Speaker 3: listen to what he had to say about finding out

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Speaker 3: that he was a target. All right, Senator, So let's

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Speaker 3: start with the big news. Where were you when you

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Speaker 3: found out that you were spied on as part of

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Speaker 3: Jack Smith's investigation into Donald Trump. This clearly is a

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Speaker 3: fishing expedition. And what were you told? Have you been

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Speaker 3: briefed on this or are you just getting to say

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Speaker 3: mentel we are from reading it in the news.

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Speaker 1: So I found out about this last week last Thursday,

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Speaker 1: I got the information. And let's back up a couple

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Speaker 1: of weeks ago. A couple of weeks ago, the news

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Speaker 1: broke that Jack Smith, the prosecutor and the Biden DOJ

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Speaker 1: that was going after January sixth, that was going after

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Speaker 1: President Trump had subpoenaed eight senators and one Republican house

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Speaker 1: member and had gotten their cell phone records. And the

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Speaker 1: eight Senators who had been subpoena were Marsha Blackburn, Ron Johnson,

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Speaker 1: Bill Haggerty, Josh Holly, Cynthia Lumus, Lindsey Graham, Dan Sullivan,

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Speaker 1: and Tommy Tubberville. And then Mike Kelly, a Republican House

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Speaker 1: member from Pennsylvania, was also subpoena. All nine of them

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Speaker 1: had their cell phone records handed over to the Biden

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Speaker 1: Department of Justice. Now I got to admit Just over

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Speaker 1: a week ago, Sean Hannity was in town and I

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Speaker 1: had dinner with Sean and with several of the senators

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Speaker 1: on that list as well, and I was laughing with Sean.

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Speaker 1: I was saying, I'm actually kind of offended, Like how

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Speaker 1: did I get lift out of this list? Like? What

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Speaker 1: did I have to do? I was literally standing on

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Speaker 1: the Senate floor on January sixth, objecting and leading the fight.

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Speaker 1: And I had brought together eleven senators to stand together

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Speaker 1: in fighting for an election commission to assess the evidence

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Speaker 1: of voter fraud, and including many of the senators who

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Speaker 1: were subpoena were in the group that I'd brought together.

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Speaker 1: So I was I was joking with Sean, but I

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Speaker 1: wasn't entirely joking. Well, it turns out the reason I

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Speaker 1: was not on the list is apparently all eight of

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Speaker 1: those senators their cell phones are with Verizon, and the

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Speaker 1: evidence had come out that Verizon had handed over their

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Speaker 1: their their cell phone information. Well, my cell phone is

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Speaker 1: with AT and T and I didn't know it at

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Speaker 1: the time, but I found out late last week that

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Speaker 1: Jack Smith sent a subpoena at AT and T H

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Speaker 1: demanding my cell phone records, and AT and T told

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Speaker 1: him to go jump in a lake. AT and T

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Speaker 1: did not give my cell phone records. I really look.

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Speaker 1: AT and T is based in Texas. I'm proud of them.

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Speaker 1: They did the right thing. I appreciate that. And and

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Speaker 1: they assessed it. They had a subpoena from Jack Smith.

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Speaker 1: By the way, the subpoena called for quote, detailed records

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Speaker 1: for inbound and outbound calls, text messages, direct connect and

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Speaker 1: voicemail messages, among other things. So they were seeking that.

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Speaker 1: There was an also an order from Judge Boseburg, who

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Speaker 1: was you know this, this left wing judge has been

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Speaker 1: presiding against over much of the litigation against against Trump.

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Speaker 1: Had an order from Judge Boseberg ordering AT and T

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Speaker 1: you cannot disclose to Cruise that we're seeking his cell

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Speaker 1: phone information for a year.

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Speaker 3: Isn't that amazing? By the way, and you're sitting unin

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Speaker 3: State Center, don't tell him, we don't want him to know.

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Speaker 1: Yes, and so AT and T examined it, and they

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Speaker 1: actually they came to the conclusion. Now, the way it works,

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Speaker 1: so the subpoena just comes and they get a cell

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Speaker 1: phone number. So the Biden DOJ didn't identify who they

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Speaker 1: were seeking. And by the way, look the telecom companies

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Speaker 1: typically if they get a subpoena for phone records on

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Speaker 1: a number, they typically hand it over because it's usually

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Speaker 1: a drug dealer or criminal. You have a subpoena that's

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Speaker 1: issued from a grand jury, so so it it they

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Speaker 1: will routinely in a criminal proceeding hand over.

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Speaker 2: Uh.

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Speaker 1: Well, it's so happened that that at and T. Even

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Speaker 1: though they just asked for the number, they looked and

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Speaker 1: realized whose number it was, and and and they talked

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Speaker 1: with their legal team and and and they said, listen,

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Speaker 1: what what Cruz is saying is it? And any member

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Speaker 1: of Congress, what they're saying is protected by the Speech

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Speaker 1: and Debate Clause of the Constitution. The Constitution uh protects

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Speaker 1: the ability of of of Senators and House members to

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Speaker 1: engage in debate, to to do our jobs. Article one

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Speaker 1: of the Constitution vests all legislative power in the Congress.

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Speaker 1: And and in fact, we you know, on January sixth,

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Speaker 1: it was very literally speech and debate. As I said,

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Speaker 1: I was standing on the Senate floor giving a speech

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Speaker 1: and raising an objection. So it's literally the heart of

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Speaker 1: what one does as an elected member of Congress, and

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Speaker 1: and so a concluded, listen there, we're not going to comply.

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Speaker 1: As I said, I'm grateful for AT and T doing that,

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Speaker 1: but that now makes it nine senators that we know

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Speaker 1: of and one House.

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Speaker 3: So I'm guessing there might be other senators that were

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Speaker 3: also at AT and T and they probably said no, we're

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Speaker 3: not going to do that either. Right, it would be

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Speaker 3: Verizon just caved instantly and said, sure, here's everybody you're

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Speaker 3: asking for. There could be easily, I would say, another four, five,

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Speaker 3: six others. Who knows how many outside the Senate right

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Speaker 3: that they could have asked for that they could have

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Speaker 3: said no to as well. And I would assume there

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Speaker 3: was a lot of people on AT and T well.

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Speaker 1: And look the Biden DOJ also after the Republican Attorney

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Speaker 1: General's Association, it went after Turning Point USA. This was

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Speaker 1: a massive fishing expedition and this was a political persecution. Understand.

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Speaker 1: Jack Smith was appointed Special Counsel to investigate and prosecute

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Speaker 1: January sixth, three days after Donald Trump announced his campaign

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Speaker 1: for reelection into four literally three days later, so it

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Speaker 1: was twenty twenty two, So it was two years after

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Speaker 1: January sixth, they had not appointed anyone, and yet suddenly

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Speaker 1: when Trump announces his campaign, they rushed to appoint Jack

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Speaker 1: Smith to say, go after Donald Trump because we want

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Speaker 1: to stop the voters from voting for him. Sure, but

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Speaker 1: nine senators, that is twenty percent of the Republicans in

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Speaker 1: the United States Senate, and I got to say for

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Speaker 1: the executive branch to engage in wholesale spying on their

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Speaker 1: political opponents and spying with Let's be clear, none of

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Speaker 1: us engaged in criminal conduct. None of us can engage

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Speaker 1: in anything remotely criminal, arguably criminal. This was political persecution.

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Speaker 1: This was snooping. This is hoping. Someone said something.

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Speaker 3: I was going to ask you, what were they hoping

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Speaker 3: to find? Right, you go fishing and what is this

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Speaker 3: smoking gun? In that scenario, they were just, hey, we'll

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Speaker 3: just go after all these conservatives and maybe we get lucky.

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Speaker 2: Look.

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Speaker 1: I don't know what they were hoping to find, but

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Speaker 1: but but they were asking for the cell phone records

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Speaker 1: from from January fourth to January seventh, so all surrounding

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Speaker 1: January sixth. I assumed they were looking for some some

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Speaker 1: modicum of coordination, uh with with with those who engage

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Speaker 1: in active violence on that day. Part of their theory

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Speaker 1: was was the alternate electors that were being sent from

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Speaker 1: various states. So I assumed they were looking for some

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Speaker 1: modicum of coordination there. But this was a political prosecution

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Speaker 1: because they did not have evidence. And so they said, well,

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Speaker 1: let's let's go through their cell phone records and see

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Speaker 1: if we can find something. And by the way, who

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Speaker 1: knows if if somebody had sent something stupid a text,

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Speaker 1: had a voicemail, had you know, I mean people when

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Speaker 1: you go through someone's emails, when you go through someone's

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Speaker 1: cell phones, when prosecutors go looking for or a crime,

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Speaker 1: the nature of a fishing expedition is, let's go look around.

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Speaker 1: You know, there's a book that was written decades ago.

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Speaker 1: Uh that that that that's called three Felonies a Day,

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Speaker 1: And and it talks about how the average American commits

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Speaker 1: three felonies a day, that that in our regulatory state,

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Speaker 1: things are so complicated, things are so mired in complexity

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Speaker 1: that that that you can violate you know, you you

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Speaker 1: step on a wetland in your backyard and and and

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Speaker 1: you know there's an old line that a prosecutor can

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Speaker 1: indict a ham sandwich. Yeah, that that a prosecutor goes

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Speaker 1: in front of a grand jury. When a prosecutor goes

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Speaker 1: in front of a grand jury, you know, there's no

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Speaker 1: defense attorney there. It's just the prosecutor and members of

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Speaker 1: the grand jury. And so I don't know what they

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Speaker 1: were looking for. I think they were looking for anything

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Speaker 1: that could stick because this was a political prosecution. Let

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Speaker 1: me ask you this, if and and so, Ben, I

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Speaker 1: just want to say, I'm really grateful they did not

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Speaker 1: find the make sures you sent to me of you

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Speaker 1: and a pink too too, because I just think that

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Speaker 1: it's not criminal all.

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Speaker 3: The league jokes that I send you about the Ivy

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Speaker 3: League snobs. I mean, Jack Smith probably ended up going

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Speaker 3: to one of those places. That could have been very

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Speaker 3: bad for me.

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Speaker 1: I I it, you know it, it would have been

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Speaker 1: uh and and I got to say, just the typos

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Speaker 1: and misspellings that that that you have in your text,

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Speaker 1: that that alone would have been been a little bit

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Speaker 1: embarrassing too. So I'm glad none of that.

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Speaker 3: Good news is they're very hard to decipher when you're

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Speaker 3: if there, if it's in front of you know, Congress,

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Speaker 3: like it's what was been really trying to say? And

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Speaker 3: I'm like, you're welcome.

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Speaker 1: I will tell you about I. I talked to AT

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Speaker 1: and T today and I said, look, you guys got

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Speaker 1: to start a marketing campaign and shift to AT and T.

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Speaker 1: We'll we'll protect your stuff. Like yeah, like who knows

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Speaker 1: to them? Look, I I don't have a good answer

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Speaker 1: to that. But but but but I did.

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Speaker 3: Uh.

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Speaker 1: And I didn't know about this until just a few

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Speaker 1: days ago. So this was when the first news broke.

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Speaker 1: I like, I was joking that I felt excluded, but

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Speaker 1: it wasn't entirely a joke. And then I was like, oh, okay,

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Speaker 1: that makes sense, and and here.

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Speaker 3: We are all right here. I don't question on this.

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Speaker 3: What is gonna be the response from Congress? Will there

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Speaker 3: be any to this or is this just old administration

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Speaker 3: abusive power? It is what it is. We're going to

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Speaker 3: move on. Or is there gonna be a way to

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Speaker 3: make sure like we have standards of this is not

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Speaker 3: allowed to happen and that people are held accountable for this.

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Speaker 1: Look, I think we're going to see hearings. I think

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Speaker 1: we've we've got hearings coming in the House. I think

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Speaker 1: we'll see hearings in the Senate. I will tell you,

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Speaker 1: the nine of us who were targeted. We're talking to

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Speaker 1: each other because we want to prevent this. We want

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Speaker 1: to prevent a subsequent DOJ from doing this, from spying

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Speaker 1: on their political opponents, particularly in Congress. The executive doesn't

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Speaker 1: have the ability to go engage in spying on members

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Speaker 1: of the opposing party in Congress. That is an abuse

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Speaker 1: of power. It is it is politicization. Uh. And and

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Speaker 1: this that this entire effort, so so this prosecution was

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Speaker 1: called Arctic Frost. And I think this is going to

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Speaker 1: be the watergate of the Biden d o J. I

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Speaker 1: think it is a demonstration that Jack Smith was a

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Speaker 1: partisan prosecutor who was drunk on power and and and

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Speaker 1: and I don't believe Jack Smith made this decision on

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Speaker 1: his own. I think the decision making goes all the

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Speaker 1: way up. I think it goes up to the Attorney General.

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Speaker 1: I think it goes up to the White House. And

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Speaker 1: and so I expect number one, some some real investigation

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Speaker 1: and hopefully transparency in terms of who approved let's go

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Speaker 1: spy on members of Congress and and and and and

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Speaker 1: that that I think we're gonna work to have some

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Speaker 1: real transparency on and that I think we're gonna look

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Speaker 1: at real and concrete steps we can take to make

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Speaker 1: sure this never happens again, because this kind of is

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Speaker 1: there part.

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Speaker 3: Of you that just thinks like maybe this has just

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Speaker 3: been going on and never really stopped. After after you know,

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Speaker 3: the famous FBI director that had you know, files on everybody,

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Speaker 3: and people said, well, we won't have that again after Jagger,

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Speaker 3: And now it's like they're just like they wild West.

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Speaker 3: You can do what the hell you want to if

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Speaker 3: you're a Democrat and you're in charge, Like we can

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Speaker 3: spawn the present, we can spy in the campaigns. We

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Speaker 3: can go after people in this situation room and the

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Speaker 3: trap them. We can try to go after their business

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Speaker 3: associates and their kids and get them to turn against them,

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Speaker 3: like Eric Trump was talking about that on our show

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Speaker 3: the day. If you missed that show, people should go

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Speaker 3: back and listen to. He's like they were literally trying

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Speaker 3: to turn Donald Trump's own children against him, threatening that

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Speaker 3: your life's gonna be over and you're gonna be in jail,

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Speaker 3: so you better get a get out of jail free card.

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Speaker 3: And now it's like yeah, and we were also spying

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Speaker 3: on senators. I'm assuming some congressmen will come out like

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Speaker 3: who knows who's there. I mean, Charlie Kirk said recently

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Speaker 3: before assassination. It came out that he said during the campaign,

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Speaker 3: we either win the campaign or I may go to jail.

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Speaker 3: I actually believe now witnessing what we've seen, that that's

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Speaker 3: not far off from reality at all.

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Speaker 1: Look, the left was willing to weaponize the Department of

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Speaker 1: Justice in the FBI, as you know, I wrote an

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Speaker 1: entire book entitled Justice Corrupted, How the Left is weaponized

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Speaker 1: our legal system, and it talked about it actually started

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Speaker 1: with Richard Nixon. Richard Nixon tried to do that, and

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Speaker 1: and you look at some of the some of the

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Speaker 1: hair brain schemes that the Nixon Justice Department came up with,

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Speaker 1: including creating underground stings to to to get people, uh,

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Speaker 1: to get people on film taking drugs and with prostitutes

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Speaker 1: to use to essentially blackmail them and to go after

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Speaker 1: their political opponents. I mean, it was grotesque abuse of power.

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Speaker 1: And and and when when that came to light, we

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Speaker 1: actually saw an improvement. And there were a couple of

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Speaker 1: decades where I think this this receded and occurred far less.

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Speaker 1: And then what Richard Nixon tried to do to the

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Speaker 1: justice system. Barack Obama succeeded in doing. He came in

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Speaker 1: as this this almost miss I figure and and and

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Speaker 1: and do o j Eric Holders Attorney general. You had

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Speaker 1: Lois Learner at the I r S. They began targeting

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Speaker 1: their political opponents, targeting targeting anyone that they disagreed with,

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Speaker 1: and also protecting their friends. During the Trump administration the

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Speaker 1: first term, they went underground, but they waged war on

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Speaker 1: the president. These are the people that created fraudulent documents

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Speaker 1: submitted to the FISA Court in order to in order

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Speaker 1: to try to go after President Trump. They wanted to

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Speaker 1: reverse the results of the twenty sixteen election because they

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Speaker 1: were furious that the American people elected Trump. And then

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Speaker 1: during Biden they were open, they were flagrant. They were

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Speaker 1: out in the open, and they were they were abusing

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Speaker 1: their power. And I think they felt that the ends

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Speaker 1: justified the means, and and and anything was acceptable and

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Speaker 1: and and so I think we need to take real steps.

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Speaker 1: Do I think this has been going on forever? And ever?

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Speaker 1: I don't. I certainly hope not. I'm not aware that

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Speaker 1: it has. There is there, there's ancient history, but it

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Speaker 1: took really, i think, under Biden to make it just

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Speaker 1: as viciously partisans as m McCain.

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Speaker 2: Yes, yeah, thank you for listening to the forty seven

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Speaker 2: Morning Update with Ben Ferguson. Please make sure you hit

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Speaker 2: subscribe wherever you're listening to this podcast right now and

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Speaker 2: for more in depth news, also subscribe to the Ben

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Speaker 2: Ferguson podcast and we will see you back here tomorrow