1 00:00:01,240 --> 00:00:04,560 Speaker 1: Welcome in a verdict with Ted Cruz, we can review 2 00:00:04,800 --> 00:00:07,400 Speaker 1: Ben Ferguson with you, and my, oh my, was it 3 00:00:07,480 --> 00:00:10,840 Speaker 1: a crazy week with one of the worst debates we've. 4 00:00:10,720 --> 00:00:11,760 Speaker 2: Ever seen in history. 5 00:00:12,360 --> 00:00:15,640 Speaker 1: Joe Biden now on defense and we're going to cover 6 00:00:15,840 --> 00:00:19,880 Speaker 1: exactly what this means moving forward as Democrats are now 7 00:00:19,920 --> 00:00:23,639 Speaker 1: pushing to get rid of Joe Biden altogether. Will it work? 8 00:00:23,720 --> 00:00:27,120 Speaker 1: We're going to break that down. Plus another important story 9 00:00:27,160 --> 00:00:31,479 Speaker 1: that you may have missed. We now have unknown the 10 00:00:31,520 --> 00:00:36,360 Speaker 1: whereabouts of fifty ISIS related illegal immigrants that were smuggled 11 00:00:36,440 --> 00:00:41,720 Speaker 1: into this country by an ISIS human smuggling network. The 12 00:00:41,760 --> 00:00:44,520 Speaker 1: White House wants you to believe that everything's under control. 13 00:00:45,080 --> 00:00:48,400 Speaker 1: Well where are these fifty people with ties to ISIS? 14 00:00:48,520 --> 00:00:51,360 Speaker 1: We'll give you the details on that. And finally, the 15 00:00:51,479 --> 00:00:55,600 Speaker 1: unlawful appointment of the Special Council and what this could 16 00:00:55,640 --> 00:00:58,920 Speaker 1: mean for Donald Trump. It's the weekend review and it 17 00:00:59,000 --> 00:01:03,160 Speaker 1: starts right now out. Let's also talk about there was 18 00:01:03,240 --> 00:01:06,960 Speaker 1: two moments that I think really speak to the demise 19 00:01:07,080 --> 00:01:10,480 Speaker 1: of the cognitive clin of Joe Biden. And it was 20 00:01:10,560 --> 00:01:14,080 Speaker 1: subtle but significant, and I want to get your reaction 21 00:01:14,200 --> 00:01:17,040 Speaker 1: to it. There was one moment when he was asked 22 00:01:17,080 --> 00:01:21,639 Speaker 1: about Social Security and he gave a very very short answer, 23 00:01:21,720 --> 00:01:23,400 Speaker 1: and then the moderators looked at him like, what are 24 00:01:23,440 --> 00:01:25,680 Speaker 1: you doing. You still have I think they said eighty 25 00:01:25,720 --> 00:01:28,520 Speaker 1: four seconds left or something like that. There was another 26 00:01:28,520 --> 00:01:30,959 Speaker 1: time he was talking about African American voters, African American 27 00:01:31,000 --> 00:01:34,120 Speaker 1: community and African American issues and they're like, sir, you 28 00:01:34,200 --> 00:01:36,600 Speaker 1: still have like another minute and ex ember of seconds, 29 00:01:36,600 --> 00:01:38,360 Speaker 1: sixty four seconds left. 30 00:01:38,840 --> 00:01:40,040 Speaker 2: He couldn't even. 31 00:01:39,880 --> 00:01:42,000 Speaker 3: By the way, he spent eight days at Camp David 32 00:01:42,040 --> 00:01:44,280 Speaker 3: preparing and he could not fill the two minutes with 33 00:01:44,319 --> 00:01:44,560 Speaker 3: it a. 34 00:01:44,640 --> 00:01:49,160 Speaker 1: The two minutes on two vitally important issues like social Security. 35 00:01:49,280 --> 00:01:51,840 Speaker 1: Any politician should be able to fill for two minutes. 36 00:01:52,000 --> 00:01:53,280 Speaker 1: In fact, you should be able to fill that. 37 00:01:53,280 --> 00:01:55,720 Speaker 3: These were not subtle, These were not gotcha's, These were 38 00:01:55,760 --> 00:02:00,000 Speaker 3: obvious questions. He had nothing to say. He was scared. 39 00:02:00,000 --> 00:02:04,160 Speaker 3: He was a deer in the headlights. 40 00:02:05,920 --> 00:02:09,040 Speaker 1: So you said, deer in headlights. Let's go to the 41 00:02:09,080 --> 00:02:12,160 Speaker 1: next conversation that's being had right now, and I'm sure 42 00:02:12,200 --> 00:02:15,000 Speaker 1: it's being had at the White House, at the EO B, 43 00:02:15,520 --> 00:02:19,720 Speaker 1: at the campaign headquarters. Who goes to the president first 44 00:02:19,720 --> 00:02:22,320 Speaker 1: and says step down, and then you're also dealing with 45 00:02:22,400 --> 00:02:25,480 Speaker 1: every guy. That's everybody very stubborn though like he can 46 00:02:25,600 --> 00:02:27,280 Speaker 1: just can't. He just look at them say I'm not 47 00:02:27,360 --> 00:02:28,000 Speaker 1: gonna do it. 48 00:02:29,240 --> 00:02:32,520 Speaker 3: He is absolutely stubborn. I think it is BARACKO Bob. 49 00:02:32,560 --> 00:02:34,280 Speaker 3: I think it is Nancy Pelosi. I think it is 50 00:02:34,360 --> 00:02:37,080 Speaker 3: Chuck Schumer. I think it is every leader in the 51 00:02:37,080 --> 00:02:39,680 Speaker 3: Democrat Party. It's not Kamala Harris Kamo is not allowed 52 00:02:39,720 --> 00:02:42,000 Speaker 3: in the room, but I think it is. And they 53 00:02:42,040 --> 00:02:44,240 Speaker 3: go to him and they're pitched to him. They say, Joe, 54 00:02:44,280 --> 00:02:47,480 Speaker 3: you were an historic president, you saved America from Donald Trump. 55 00:02:47,760 --> 00:02:50,000 Speaker 3: You wanted to be the next FDR. I think they will. 56 00:02:50,000 --> 00:02:51,960 Speaker 3: They will appeal to his vanity and say you are 57 00:02:52,000 --> 00:02:56,520 Speaker 3: the next to FDR. You are consequential right now. If 58 00:02:56,560 --> 00:02:59,160 Speaker 3: you stay in the race, you risk undoing your entire 59 00:02:59,280 --> 00:03:03,400 Speaker 3: legacy and giving that legacy going down in history as 60 00:03:03,400 --> 00:03:05,840 Speaker 3: the man who made Donald Trump president. If you stay 61 00:03:05,840 --> 00:03:08,400 Speaker 3: in this race, it will be your fault that Trump 62 00:03:08,480 --> 00:03:10,840 Speaker 3: is president. I think they'll appeal to his vanity and 63 00:03:12,040 --> 00:03:14,640 Speaker 3: look that that is I think to Joe Biden a 64 00:03:14,639 --> 00:03:17,840 Speaker 3: really powerful pitch. Look you look at the debate tonight, 65 00:03:17,880 --> 00:03:21,480 Speaker 3: He said, things. At one point, he said, during Trump's presidency, 66 00:03:21,520 --> 00:03:24,000 Speaker 3: we had one thousand trillionaires. By the way, there are 67 00:03:24,040 --> 00:03:27,160 Speaker 3: no trillionaires on planet Earth. At another point, he said, 68 00:03:27,200 --> 00:03:30,720 Speaker 3: during Donald Trump, we had fifty percent unemployment. No, that 69 00:03:30,840 --> 00:03:35,160 Speaker 3: is wildly wrong. At another point, he said he created 70 00:03:35,280 --> 00:03:38,400 Speaker 3: Joe Biden created hundreds of millions of jobs. Mind you, 71 00:03:38,400 --> 00:03:41,080 Speaker 3: there three hundred and thirty million Americans, and apparently he's 72 00:03:41,080 --> 00:03:44,080 Speaker 3: created hundreds of millions of jobs, so more jobs than 73 00:03:44,120 --> 00:03:50,000 Speaker 3: there are working Americans. Like it is, every answer was 74 00:03:50,040 --> 00:03:52,520 Speaker 3: a problem. At another point, he said, the Border Patrol 75 00:03:52,600 --> 00:03:55,320 Speaker 3: endorsed me. Let's be clear. The Border Patrol Union immediately 76 00:03:55,360 --> 00:03:57,920 Speaker 3: tweeted out, to be clear, we have never and will 77 00:03:57,920 --> 00:04:02,840 Speaker 3: never endorse Biden at every stage. And what's interesting, he 78 00:04:02,920 --> 00:04:06,480 Speaker 3: was also trying to insult Trump. Yeah, and Trump didn't 79 00:04:06,480 --> 00:04:10,000 Speaker 3: take the bait. Yeah, and he was smart. It was 80 00:04:10,120 --> 00:04:14,960 Speaker 3: really and actually when Trump poked Biden, Biden freaked out. 81 00:04:15,000 --> 00:04:18,000 Speaker 3: He couldn't not take the bait. And so the contrast, 82 00:04:18,080 --> 00:04:21,400 Speaker 3: and I'll say something else. You mentioned African American votes. 83 00:04:22,560 --> 00:04:25,120 Speaker 3: Trump's numbers are surging in the black community, and I 84 00:04:25,160 --> 00:04:28,080 Speaker 3: think tonight he made a very hard pitch for black 85 00:04:28,160 --> 00:04:30,560 Speaker 3: voters and his most significant pitch. He had a lot 86 00:04:30,560 --> 00:04:33,640 Speaker 3: of points about how bad Trump, how bad Biden has 87 00:04:33,640 --> 00:04:36,480 Speaker 3: been for the African American community. He talked about inflation, 88 00:04:36,839 --> 00:04:40,240 Speaker 3: how it's hammering black families, but then he also tied 89 00:04:40,279 --> 00:04:42,840 Speaker 3: it to illegal immigration and he said, look that the 90 00:04:43,440 --> 00:04:45,800 Speaker 3: millions and millions of illegal immigrants that are coming into 91 00:04:45,800 --> 00:04:49,640 Speaker 3: this country, they're taking jobs from Black Americans. That is 92 00:04:49,720 --> 00:04:52,760 Speaker 3: a powerful argument. That is an argument. And by the way, 93 00:04:53,640 --> 00:04:56,200 Speaker 3: Biden had no response to that. It was silent. It 94 00:04:56,279 --> 00:05:03,839 Speaker 3: was on the substance, prosecuted the case and Biden crashed 95 00:05:03,880 --> 00:05:07,479 Speaker 3: and burned. And in fact, the Wall Street Journal just 96 00:05:07,600 --> 00:05:11,279 Speaker 3: sent out their key takeaway, their story that they wrote tonight, 97 00:05:11,320 --> 00:05:14,520 Speaker 3: and it's now ten forty seven pm, and and their 98 00:05:14,520 --> 00:05:18,279 Speaker 3: headline is Biden crashed in first debate with Trump. That's 99 00:05:18,279 --> 00:05:21,320 Speaker 3: not an editorial, that's the news headline in the Wall 100 00:05:21,320 --> 00:05:25,279 Speaker 3: Street Journal, because it is just objectively. If you watch 101 00:05:25,360 --> 00:05:29,800 Speaker 3: the Hennenburg explode, you don't say Zeppelin landed tonight. 102 00:05:31,279 --> 00:05:34,240 Speaker 1: Well, let's also talk about those that have been lying. 103 00:05:34,600 --> 00:05:38,920 Speaker 1: The media center has been lying, congressmen have been lying, 104 00:05:39,640 --> 00:05:42,960 Speaker 1: staff members have been lying. They've been going on TV 105 00:05:43,120 --> 00:05:45,680 Speaker 1: telling you that Joe Biden can run circles around me. 106 00:05:45,760 --> 00:05:48,200 Speaker 1: The White House Press secretary saying over and over again, 107 00:05:48,320 --> 00:05:51,640 Speaker 1: saying there's no cognitive decline here, saying that he's in 108 00:05:51,760 --> 00:05:54,719 Speaker 1: perfect health. This guy is is a beast. He's you know, 109 00:05:54,800 --> 00:05:58,760 Speaker 1: he's jacked up aviator Joe. Now they're all actually having 110 00:05:58,760 --> 00:06:00,760 Speaker 1: to admit they're wrong. But no, no one's gonna, i think, 111 00:06:00,800 --> 00:06:02,920 Speaker 1: call them accountable for that. They're just gonna run out 112 00:06:02,920 --> 00:06:05,159 Speaker 1: there and say, clearly, it's time for him to step aside, 113 00:06:05,160 --> 00:06:09,159 Speaker 1: step aside, step aside, which is also weird because if 114 00:06:09,200 --> 00:06:12,960 Speaker 1: you're not cognitive, you don't have the cognitibility to be 115 00:06:13,160 --> 00:06:17,599 Speaker 1: president in the future. Right, and they're saying he can't 116 00:06:17,600 --> 00:06:22,040 Speaker 1: be the president come January again, then when does the 117 00:06:22,080 --> 00:06:24,720 Speaker 1: twenty fifth and does that even come up? Because you're 118 00:06:24,760 --> 00:06:27,200 Speaker 1: admitting that he's basically incapacitated. 119 00:06:27,480 --> 00:06:33,680 Speaker 3: Now, Yeah, listen, we have seen reporters and we've seen 120 00:06:33,720 --> 00:06:36,839 Speaker 3: Democrats lying about Joe's mental capacity for a long time, 121 00:06:37,200 --> 00:06:42,039 Speaker 3: and nobody fair and objective who watched tonight could conclude 122 00:06:42,080 --> 00:06:44,680 Speaker 3: anything other than this is a man who is seriously 123 00:06:44,760 --> 00:06:47,679 Speaker 3: mentally diminished. You know, it's interesting Andrew Yang, he you remember, 124 00:06:47,760 --> 00:06:50,760 Speaker 3: ran for president against Joe in twenty twenty. He tweeted 125 00:06:50,800 --> 00:06:54,760 Speaker 3: out tonight quote, look, I debated Joe seven times in 126 00:06:54,839 --> 00:06:58,240 Speaker 3: twenty twenty. He's a different guy. In twenty twenty four, 127 00:06:58,680 --> 00:07:04,200 Speaker 3: hashtag swap Joe out that that's from one of the 128 00:07:04,360 --> 00:07:08,479 Speaker 3: alternative one of the other candidates who ran against twenty twenty, 129 00:07:08,480 --> 00:07:11,320 Speaker 3: from a prominent Democrat. Two of the top trends that 130 00:07:11,320 --> 00:07:15,160 Speaker 3: were trending tonight right after the debate were dementia and 131 00:07:15,240 --> 00:07:19,000 Speaker 3: Michelle Obama. Now that's bad news. If that's if that's 132 00:07:19,080 --> 00:07:26,160 Speaker 3: what's uh? What is trending? And all right, I want 133 00:07:26,160 --> 00:07:29,120 Speaker 3: to wrap up tonight's pod with this. I'm going to 134 00:07:29,200 --> 00:07:31,840 Speaker 3: do something I have rarely, if ever done. I may 135 00:07:31,840 --> 00:07:35,040 Speaker 3: never have done this before. I'm going to praise CNN 136 00:07:37,200 --> 00:07:40,760 Speaker 3: this morning's debate. You and I both thought Jake Tapper 137 00:07:40,840 --> 00:07:43,480 Speaker 3: and Dana Bash would do a terrible job. They both 138 00:07:43,520 --> 00:07:48,200 Speaker 3: hate Donald Trump, they both have become hard partisans. CNN 139 00:07:48,280 --> 00:07:51,080 Speaker 3: did an excellent job tonight with this debate. Jake Tapper 140 00:07:52,040 --> 00:07:55,960 Speaker 3: and Dana Bash. That was the best debate moderation they 141 00:07:56,000 --> 00:08:00,000 Speaker 3: have ever done. They ask good questions, they asked substantive questions. 142 00:08:00,960 --> 00:08:03,280 Speaker 3: They didn't make the debate about them. One of the 143 00:08:03,320 --> 00:08:06,960 Speaker 3: interesting things no one is debating about the moderators bad 144 00:08:07,000 --> 00:08:11,280 Speaker 3: debate moderators. When Chris Wallace debated moderated, the whole debate 145 00:08:11,320 --> 00:08:12,760 Speaker 3: was about him because he wanted to be right in 146 00:08:12,800 --> 00:08:15,920 Speaker 3: the center of the show. When Candy Crowley from CNN 147 00:08:16,440 --> 00:08:20,400 Speaker 3: was the moderator between Obama and Mitt Romney, she made 148 00:08:20,400 --> 00:08:24,800 Speaker 3: it all about her. Jake and Danna, they asked good questions, 149 00:08:24,840 --> 00:08:28,280 Speaker 3: They moved subjects along. They would press the candidates, but 150 00:08:28,440 --> 00:08:32,080 Speaker 3: not in a jerky way. They just say, I asked 151 00:08:32,080 --> 00:08:34,360 Speaker 3: you the following question, you have another sixty seconds to 152 00:08:34,400 --> 00:08:36,320 Speaker 3: answer it. When they didn't get their questions answered, that's 153 00:08:36,360 --> 00:08:39,920 Speaker 3: a perfectly reasonable thing for a debate moderator to do. 154 00:08:40,320 --> 00:08:43,320 Speaker 3: I've been in multiple debates that each of them have moderated. 155 00:08:43,720 --> 00:08:47,720 Speaker 3: I think they both were incredibly sensitive to everyone laying 156 00:08:47,760 --> 00:08:50,640 Speaker 3: out the facts that they have shown wild bias, and 157 00:08:50,760 --> 00:08:54,520 Speaker 3: tonight tonight they didn't and they did an excellent job, 158 00:08:54,559 --> 00:08:56,360 Speaker 3: and I think that was a service to the country. 159 00:08:56,720 --> 00:08:59,439 Speaker 1: I have to ask you one other question, because everyone's 160 00:08:59,520 --> 00:09:02,520 Speaker 1: asking it their head right now, what is the on 161 00:09:02,559 --> 00:09:03,199 Speaker 1: the second. 162 00:09:02,920 --> 00:09:05,240 Speaker 3: Ben You didn't respond to that, and since you're a 163 00:09:05,240 --> 00:09:08,760 Speaker 3: former employee of CNN. I'm not gonna let you bet, Ben, 164 00:09:08,840 --> 00:09:11,400 Speaker 3: you have sixty two seconds. The question is do you 165 00:09:11,440 --> 00:09:13,640 Speaker 3: think Jake and Danna did a good job. 166 00:09:14,000 --> 00:09:16,120 Speaker 1: I think they did a decent job. And here's why 167 00:09:16,160 --> 00:09:17,720 Speaker 1: I'm not gonna get them as much cred as you did. 168 00:09:18,000 --> 00:09:20,079 Speaker 2: You ready for this, all right, I think, But I'm 169 00:09:20,080 --> 00:09:21,000 Speaker 2: gonna make you answer it. 170 00:09:21,040 --> 00:09:22,800 Speaker 3: I'm not gonna let you wiggle away. 171 00:09:22,920 --> 00:09:24,440 Speaker 2: Fair point. Here's what I'll say. 172 00:09:24,600 --> 00:09:27,560 Speaker 1: I think they were in as much shock as we were, going, 173 00:09:27,600 --> 00:09:31,040 Speaker 1: Holy crap, I'm watching an incapacitated president of the United 174 00:09:31,040 --> 00:09:34,199 Speaker 1: States of America. And they were caught so off guard. 175 00:09:34,240 --> 00:09:36,160 Speaker 1: They said, just stick to the script, Just stick the script, 176 00:09:36,200 --> 00:09:38,880 Speaker 1: Just stick the script, like it was a default mode. 177 00:09:39,160 --> 00:09:43,240 Speaker 1: Because it was such a glaring disaster with Biden that 178 00:09:43,400 --> 00:09:46,720 Speaker 1: no one, none of the moderators were honestly paying attention 179 00:09:46,800 --> 00:09:47,560 Speaker 1: to Donald Trump. 180 00:09:48,200 --> 00:09:52,400 Speaker 3: Yes, but Jake and Dana were more measured than I've 181 00:09:52,440 --> 00:09:56,600 Speaker 3: ever seen them. They were deliberately controlled. They knew that 182 00:09:56,679 --> 00:10:00,440 Speaker 3: half the country viewed them as wild eyed partisans. Look, 183 00:10:00,520 --> 00:10:06,160 Speaker 3: we played this morning Jake analogizing Trump to Adolf Hitler. 184 00:10:06,440 --> 00:10:08,120 Speaker 2: Yes, and I still believe that too. 185 00:10:08,480 --> 00:10:13,720 Speaker 3: I think he believes it, but tonight that didn't come out. 186 00:10:13,760 --> 00:10:16,040 Speaker 3: And so if we're going to criticize him when when 187 00:10:16,080 --> 00:10:20,120 Speaker 3: he's not doing a good job, I will say I think. 188 00:10:21,559 --> 00:10:24,320 Speaker 1: I think that they did their job taking the biggest 189 00:10:24,600 --> 00:10:28,200 Speaker 1: political train wreck in American history, and they were in 190 00:10:28,240 --> 00:10:30,640 Speaker 1: it and it was like, I don't know what to do? 191 00:10:31,000 --> 00:10:35,040 Speaker 1: How do you triage this? And so they got rid 192 00:10:35,120 --> 00:10:37,440 Speaker 1: of some of that. I think if Joe Biden would 193 00:10:37,440 --> 00:10:39,600 Speaker 1: have showed up jacked up like you did at the 194 00:10:39,760 --> 00:10:41,520 Speaker 1: say of the Union, I think it would have been 195 00:10:41,520 --> 00:10:44,440 Speaker 1: a complete different debate from the moderators standpoint. But I 196 00:10:44,480 --> 00:10:47,200 Speaker 1: think they saw what everybody else saw, which was we 197 00:10:47,280 --> 00:10:50,199 Speaker 1: have a present that is incapacitated and the whole world 198 00:10:50,240 --> 00:10:52,719 Speaker 1: is watching it now and no one can stop it. 199 00:10:52,960 --> 00:10:55,079 Speaker 1: There was no one to step in and lead him 200 00:10:55,120 --> 00:10:58,120 Speaker 1: off the stage like Barack Obama did two weeks ago, 201 00:10:58,200 --> 00:11:01,320 Speaker 1: Which brings me back to that question that everyone's asking, 202 00:11:02,200 --> 00:11:05,280 Speaker 1: how quickly will we find out if the conversations with 203 00:11:05,400 --> 00:11:07,760 Speaker 1: Joe Biden are going to work to get him to 204 00:11:07,800 --> 00:11:08,560 Speaker 1: step aside? 205 00:11:08,679 --> 00:11:11,520 Speaker 2: Number one? Okay, and number. 206 00:11:11,200 --> 00:11:15,640 Speaker 1: Two, how quickly do Democrats have to fall back in 207 00:11:15,720 --> 00:11:19,600 Speaker 1: line and stick with this guy if he doesn't decide 208 00:11:19,600 --> 00:11:22,120 Speaker 1: to step down. And those are the two most important questions. 209 00:11:22,120 --> 00:11:23,120 Speaker 1: Maybe the entire. 210 00:11:23,000 --> 00:11:27,240 Speaker 3: Night, three weeks, twenty one days, this happens or doesn't happen. 211 00:11:27,240 --> 00:11:31,480 Speaker 3: In three weeks, I think you're gonna have massive chaos 212 00:11:31,520 --> 00:11:34,160 Speaker 3: following this debate. You're gonna have massive panic. People are 213 00:11:34,160 --> 00:11:35,880 Speaker 3: going to go to Michelle Obama. People are going to 214 00:11:35,960 --> 00:11:42,360 Speaker 3: go to Joe Biden. I don't think given the train 215 00:11:42,440 --> 00:11:45,880 Speaker 3: wreck that happened tonight, I don't think they'll wait until 216 00:11:45,920 --> 00:11:48,480 Speaker 3: after the Democrat Convention. I think they feel a panic 217 00:11:48,559 --> 00:11:51,080 Speaker 3: right now. I think they're going to want Michelle Obama 218 00:11:51,240 --> 00:11:53,720 Speaker 3: to be the keynote speaker at the Democrat Convention, not 219 00:11:53,880 --> 00:11:56,200 Speaker 3: Joe Biden. So I think we have twenty one days 220 00:11:56,240 --> 00:11:59,480 Speaker 3: for this to play out. And look over the course 221 00:11:59,559 --> 00:12:02,320 Speaker 3: of the last last year, I've handicapped this. I initially 222 00:12:02,360 --> 00:12:04,839 Speaker 3: laid it out as a possibility, then shifted as the 223 00:12:04,880 --> 00:12:08,080 Speaker 3: Democrats and the media we're starting to get nervous about 224 00:12:08,160 --> 00:12:11,000 Speaker 3: Joe Biden. I shifted to about fifty percent. As we 225 00:12:11,040 --> 00:12:13,120 Speaker 3: sit here today, I put the odds at north of 226 00:12:13,160 --> 00:12:16,880 Speaker 3: eighty percent that Michelle Obama is the Democrat nominee on 227 00:12:17,000 --> 00:12:18,680 Speaker 3: the ballot. In November of this year. 228 00:12:19,200 --> 00:12:21,640 Speaker 1: Now, if you want to hear the rest of this conversation, 229 00:12:21,840 --> 00:12:24,240 Speaker 1: you can go back and listen to the full podcast 230 00:12:24,280 --> 00:12:29,280 Speaker 1: from earlier this week. Now onto story number two, Senata, 231 00:12:29,360 --> 00:12:34,040 Speaker 1: I want to move to another shocking story, and it 232 00:12:34,160 --> 00:12:39,520 Speaker 1: is one that I wish I could say I didn't 233 00:12:39,559 --> 00:12:43,160 Speaker 1: think we would see. Unfortunately, you predicted it, We've talked 234 00:12:43,160 --> 00:12:46,480 Speaker 1: about it, that this was going to keep happening. This one, though, 235 00:12:46,559 --> 00:12:50,920 Speaker 1: is extremely concerning. The Department of Homeland Security has identified 236 00:12:50,960 --> 00:12:55,320 Speaker 1: now quote over four hundred migrants brought to the US 237 00:12:56,120 --> 00:13:01,560 Speaker 1: by an ISIS affiliated human smuggling network. Now they are 238 00:13:01,760 --> 00:13:06,680 Speaker 1: desperately trying to find people they had caught and released. 239 00:13:06,720 --> 00:13:09,079 Speaker 1: Now over one hundred and fifty of them have been arrested, 240 00:13:09,559 --> 00:13:14,520 Speaker 1: but the whereabouts of over fifty remain unknown. 241 00:13:15,080 --> 00:13:19,679 Speaker 3: Your reaction, Look, this is a shocking story that in 242 00:13:19,720 --> 00:13:22,840 Speaker 3: some ways is not shocking because we know that this 243 00:13:22,960 --> 00:13:26,720 Speaker 3: administration that Joe Biden and the Democrats have effectively rolled 244 00:13:26,720 --> 00:13:29,280 Speaker 3: out the red carpet and with open borders, have given 245 00:13:29,280 --> 00:13:33,040 Speaker 3: an invitation to terrorists to come into the country. But 246 00:13:33,960 --> 00:13:39,760 Speaker 3: even so, the degree of naivete and reckless disregard for 247 00:13:39,800 --> 00:13:43,240 Speaker 3: the safety of Americans is remarkable. So here's the story. 248 00:13:43,280 --> 00:13:47,040 Speaker 3: According to NBC and I'm just going to quote NBC quote, 249 00:13:47,080 --> 00:13:49,920 Speaker 3: the Department of Homeland Security has identified over four hundred 250 00:13:49,920 --> 00:13:53,200 Speaker 3: immigrants from Central Asia and elsewhere who crossed into the 251 00:13:53,280 --> 00:13:57,080 Speaker 3: US in the past three years as subjects of concern 252 00:13:57,240 --> 00:14:02,120 Speaker 3: because they were brought by an ISIS affiliated human smuggling network, 253 00:14:02,240 --> 00:14:05,720 Speaker 3: three US officials tell NBC News. While over one hundred 254 00:14:05,720 --> 00:14:08,360 Speaker 3: and fifty of them have been arrested, the whereabouts of 255 00:14:08,400 --> 00:14:11,640 Speaker 3: over fifty remain unknown, the official said, and Immigration and 256 00:14:11,679 --> 00:14:15,480 Speaker 3: Customs Enforcement is looking to arrest them on immigration charges 257 00:14:15,520 --> 00:14:18,520 Speaker 3: when they are located. One of the US officials and 258 00:14:18,559 --> 00:14:23,680 Speaker 3: people said people affiliated with ISIS are operating as human 259 00:14:23,800 --> 00:14:27,880 Speaker 3: smugglers in Central Asia and helping people there leave their 260 00:14:27,880 --> 00:14:30,600 Speaker 3: countries and travel to the West, where they are smuggled 261 00:14:30,600 --> 00:14:33,360 Speaker 3: into the US. It is not known whether the human 262 00:14:33,400 --> 00:14:38,240 Speaker 3: smuggling activity directly funds ISIS activities, or whether ISIS members 263 00:14:38,280 --> 00:14:41,880 Speaker 3: are making personal money through human smuggling on the side, 264 00:14:41,920 --> 00:14:45,920 Speaker 3: the US official said. The official added that the US 265 00:14:46,000 --> 00:14:49,320 Speaker 3: has no indication that the more than four hundred migrants 266 00:14:49,320 --> 00:14:52,200 Speaker 3: brought to the US by the network have plans to 267 00:14:52,240 --> 00:14:56,080 Speaker 3: carry out terrorism in the US, but immigration agents are 268 00:14:56,080 --> 00:14:59,440 Speaker 3: looking to arrest them out of an abundance of caution. 269 00:14:59,520 --> 00:15:03,240 Speaker 3: And here's a quote from the Biden administration. Quote. In 270 00:15:03,320 --> 00:15:06,920 Speaker 3: this case, it was the information that suggested a potential 271 00:15:06,960 --> 00:15:10,480 Speaker 3: tie to ISIS because some of the individuals involved in 272 00:15:10,480 --> 00:15:13,320 Speaker 3: smuggling migrants to the borders. That led us to want 273 00:15:13,360 --> 00:15:16,640 Speaker 3: to take extra care and out of an abundance of caution, 274 00:15:16,840 --> 00:15:19,040 Speaker 3: make sure that we exercised our authority in the most 275 00:15:19,120 --> 00:15:22,640 Speaker 3: expansive and appropriate way to mitigate risk because of this 276 00:15:22,680 --> 00:15:27,080 Speaker 3: potential connection being made. Now that's the quote, And what 277 00:15:27,360 --> 00:15:31,200 Speaker 3: utter and complete garbage out of an abundance of caution. Yeah, 278 00:15:31,240 --> 00:15:33,720 Speaker 3: we let four hundred people go that ISIS had smuggled 279 00:15:33,720 --> 00:15:37,040 Speaker 3: into the country because we're so cautious. And then we realized, 280 00:15:37,080 --> 00:15:40,040 Speaker 3: wait a second, there's an election. There's an election coming 281 00:15:40,120 --> 00:15:42,400 Speaker 3: up in five months, and all these people that ISIS 282 00:15:42,400 --> 00:15:44,800 Speaker 3: smuggled in if they carry out a terrorist attack and 283 00:15:44,880 --> 00:15:47,600 Speaker 3: people realize we let them go, that's going to be 284 00:15:47,640 --> 00:15:49,840 Speaker 3: a real problem. Oh, crapt does anyone know where they are? 285 00:15:50,200 --> 00:15:50,240 Speaker 4: Like? 286 00:15:51,160 --> 00:15:53,960 Speaker 3: What an insane statement? 287 00:15:54,480 --> 00:15:58,040 Speaker 1: Well, and not just insane, but it's also interesting to 288 00:15:58,040 --> 00:16:01,240 Speaker 1: see now how the media is covering this. Nightly News 289 00:16:01,560 --> 00:16:05,840 Speaker 1: actually ran this on the nightly news and called it 290 00:16:05,920 --> 00:16:09,120 Speaker 1: an NBC investigation. Listen tonight. 291 00:16:09,320 --> 00:16:12,600 Speaker 5: NBC News has learned more than fifty migrants with potential 292 00:16:12,600 --> 00:16:16,440 Speaker 5: ties to an ISIS affiliated smuggling network are at large 293 00:16:16,480 --> 00:16:19,960 Speaker 5: in America. Many illegally crossed the border and were released 294 00:16:20,000 --> 00:16:22,440 Speaker 5: into the US by border patrol because there was no 295 00:16:22,480 --> 00:16:26,760 Speaker 5: information suggesting terrortizes at the time. Now their whereabouts are 296 00:16:26,840 --> 00:16:30,520 Speaker 5: unknown as immigration agents look to arrest them. US officials 297 00:16:30,560 --> 00:16:33,160 Speaker 5: tell us saying they're among a group of over four 298 00:16:33,240 --> 00:16:40,640 Speaker 5: hundred migrants DHS identified in the US from Tajikistan, Huzbekistan, Moldova, Kyrkistan, Georgia, 299 00:16:40,720 --> 00:16:44,320 Speaker 5: and Russia as subjects of concern because they were brought 300 00:16:44,360 --> 00:16:47,840 Speaker 5: to the US by an ISIS affiliated smuggling network, something 301 00:16:47,880 --> 00:16:50,560 Speaker 5: the FBI director warned about earlier this year. 302 00:16:50,680 --> 00:16:53,920 Speaker 1: Some of the overseas facilitators of the smuggling network have 303 00:16:54,200 --> 00:16:57,200 Speaker 1: ISIS ties that were very concerned. 304 00:16:56,840 --> 00:17:00,000 Speaker 5: About ice IS located and arrested over one hundred fifty 305 00:17:00,040 --> 00:17:02,480 Speaker 5: d of the four hundred migrants so far, with some 306 00:17:02,640 --> 00:17:06,440 Speaker 5: already deported from the US. Officials say, adding authorities are 307 00:17:06,440 --> 00:17:09,639 Speaker 5: not panicking because their ties to ISIS are not certain, 308 00:17:10,040 --> 00:17:13,159 Speaker 5: but they're prioritizing their arrest out of an abundance of caution. 309 00:17:13,520 --> 00:17:16,480 Speaker 4: The problem is the volume of people coming across the 310 00:17:16,480 --> 00:17:21,760 Speaker 4: southern border. Individuals from ISIS and other affiliated groups have 311 00:17:21,960 --> 00:17:25,119 Speaker 4: recognized it as a weak point in our defense, and 312 00:17:25,160 --> 00:17:28,199 Speaker 4: they're using this opportunity to try to sneak in. 313 00:17:28,680 --> 00:17:31,520 Speaker 5: NBC News was first to report on a similar arrest 314 00:17:31,560 --> 00:17:34,560 Speaker 5: of a newsback man in Baltimore whose country alerted the 315 00:17:34,680 --> 00:17:37,879 Speaker 5: US he was affiliated with ISIS. That man, like the 316 00:17:37,920 --> 00:17:41,560 Speaker 5: others apprehended so far, was arrested on immigration charges, not 317 00:17:41,840 --> 00:17:46,119 Speaker 5: terrorism related charges. ISIS K has claimed responsibility for deadly 318 00:17:46,200 --> 00:17:49,320 Speaker 5: terror attacks in Russia and Iran in the past year, 319 00:17:49,560 --> 00:17:53,520 Speaker 5: and recently the DHS Inspector General sharply criticizing vetting at 320 00:17:53,520 --> 00:17:56,639 Speaker 5: the US southern border, saying DHS is at risk of 321 00:17:56,680 --> 00:17:59,960 Speaker 5: admitting dangerous persons into the country or enabling a side 322 00:18:00,240 --> 00:18:03,879 Speaker 5: seekers who may post significant threats to public safety and 323 00:18:04,080 --> 00:18:07,480 Speaker 5: national security to continue to reside in the United States. 324 00:18:07,960 --> 00:18:10,920 Speaker 5: Two senior law enforcement officials told NBC News they are 325 00:18:10,960 --> 00:18:13,600 Speaker 5: not tracking a terror plot from this group of migrants, 326 00:18:13,840 --> 00:18:16,560 Speaker 5: but their arrest on immigration charges come out of an 327 00:18:16,560 --> 00:18:18,159 Speaker 5: abundance of caution cluster. 328 00:18:18,920 --> 00:18:21,439 Speaker 1: They sure do you like that word center, abundance of caution? 329 00:18:21,600 --> 00:18:25,040 Speaker 1: I also love in there that one line that really 330 00:18:25,119 --> 00:18:29,560 Speaker 1: just made me laugh is quote authorities are quote not panicking. 331 00:18:29,840 --> 00:18:32,160 Speaker 2: Really, that's supposed to make me feel better. 332 00:18:32,920 --> 00:18:37,879 Speaker 3: Well remarkably, though, what they're not panicking about is not 333 00:18:38,080 --> 00:18:41,640 Speaker 3: the actual public safety threat. It's not keeping Americans safe. 334 00:18:42,160 --> 00:18:46,600 Speaker 3: It's the political exposure. They're freaked out because there's an 335 00:18:46,600 --> 00:18:49,199 Speaker 3: election in a few months and they realize, oh no, 336 00:18:50,240 --> 00:18:53,399 Speaker 3: this could look really bad for us. It has been 337 00:18:53,440 --> 00:18:56,920 Speaker 3: the consistent pattern of this White House that they do 338 00:18:56,960 --> 00:19:01,760 Speaker 3: not prioritize national security, everything, everything, everything as partisan politics. 339 00:19:02,359 --> 00:19:06,560 Speaker 3: And Okay, what I'm about to say, it's not hyperbole. 340 00:19:06,600 --> 00:19:11,440 Speaker 3: It is accurate. Day after day, week after week, month 341 00:19:11,480 --> 00:19:14,040 Speaker 3: after month. For three and a half years, Joe Biden, 342 00:19:14,119 --> 00:19:20,160 Speaker 3: the Democrats have released illegal immigrants who are murderers, who 343 00:19:20,160 --> 00:19:23,880 Speaker 3: are rapists, who are child molesters, who are gang members, 344 00:19:24,280 --> 00:19:29,720 Speaker 3: and who are being smuggled in by isis K, a 345 00:19:29,880 --> 00:19:35,800 Speaker 3: known terrorist organization, and they're letting them go. They're letting 346 00:19:35,840 --> 00:19:38,480 Speaker 3: them go the four hundred notice notice. In that NBC report, 347 00:19:38,520 --> 00:19:41,879 Speaker 3: they said they were released by the Biden administration. So 348 00:19:41,960 --> 00:19:45,320 Speaker 3: we apprehended them said, oh, look, isis k bringing someone in? 349 00:19:45,359 --> 00:19:50,760 Speaker 3: All right, let's let them go? Like that is it 350 00:19:51,000 --> 00:19:55,040 Speaker 3: defies words. And if there were not an election in 351 00:19:55,119 --> 00:19:57,760 Speaker 3: five months, I don't think the Biden administration would be 352 00:19:57,840 --> 00:20:00,719 Speaker 3: doing anything at all about it. This is all about 353 00:20:01,400 --> 00:20:04,320 Speaker 3: cover it up until after election day and then we 354 00:20:04,359 --> 00:20:08,120 Speaker 3: can let them go again. And I don't get Actually, 355 00:20:08,200 --> 00:20:12,760 Speaker 3: I do not understand the thought process. If you're Alejandro 356 00:20:12,800 --> 00:20:16,920 Speaker 3: Mayorcus help me on this, Ben, Seriously, if you're Alejandro Mayorcis, 357 00:20:16,960 --> 00:20:19,520 Speaker 3: you're like, hey, four hundred people, isis case smuggled in? 358 00:20:19,520 --> 00:20:24,000 Speaker 3: Should we let them go? Like? What is? How do 359 00:20:24,080 --> 00:20:26,640 Speaker 3: the brain synapses fire for your answer to be yep, 360 00:20:26,720 --> 00:20:27,119 Speaker 3: let them go? 361 00:20:27,680 --> 00:20:27,920 Speaker 2: Yeah? 362 00:20:28,320 --> 00:20:30,480 Speaker 1: And the scary part is I think they just say 363 00:20:30,640 --> 00:20:32,480 Speaker 1: this is just part of that. You got to take 364 00:20:32,480 --> 00:20:35,920 Speaker 1: the bad with the good, and their definition of good 365 00:20:35,960 --> 00:20:38,440 Speaker 1: is letting millions in. So, hey, we know there's gonna 366 00:20:38,480 --> 00:20:40,840 Speaker 1: be bad actors in those millions. We can't check them 367 00:20:40,840 --> 00:20:43,440 Speaker 1: all out fast enough as we're allowing them to flood 368 00:20:43,480 --> 00:20:46,920 Speaker 1: into this country. So that's just our policy. There may 369 00:20:46,960 --> 00:20:48,960 Speaker 1: be terrorists to get in here. Oh wait, there are 370 00:20:49,080 --> 00:20:50,720 Speaker 1: terrorists to get in here. We know there's people on 371 00:20:50,720 --> 00:20:53,200 Speaker 1: the terrorists watch list, and we're just gonna do it anyway. 372 00:20:53,200 --> 00:20:55,119 Speaker 1: But right before the election, we're going to clean it 373 00:20:55,200 --> 00:20:57,360 Speaker 1: up a little bit and look like we're being proactive. 374 00:20:58,640 --> 00:21:01,160 Speaker 3: I've said this multiple times times, but I very much 375 00:21:01,200 --> 00:21:04,159 Speaker 3: believe it. We are today at a greater risk of 376 00:21:04,200 --> 00:21:07,040 Speaker 3: a major terrorist attack than we have been any time 377 00:21:07,119 --> 00:21:12,320 Speaker 3: since September eleventh, and the director of the FBI has 378 00:21:12,359 --> 00:21:15,200 Speaker 3: been saying that over and over and over again in 379 00:21:15,240 --> 00:21:19,440 Speaker 3: congressional testimony. What the FBI is looking at, I'm confident 380 00:21:19,600 --> 00:21:23,840 Speaker 3: is even worse than what we're talking about, and that 381 00:21:25,040 --> 00:21:30,360 Speaker 3: is the direct consequence of utterly reckless policies of open borders. 382 00:21:30,400 --> 00:21:33,000 Speaker 3: And to tie this to what we started at the beginning, 383 00:21:33,800 --> 00:21:36,600 Speaker 3: I think this should be front and center what Trump 384 00:21:36,680 --> 00:21:38,399 Speaker 3: is talking about tonight at the debate. 385 00:21:38,800 --> 00:21:40,080 Speaker 1: I was going to ask you that was gonna be 386 00:21:40,160 --> 00:21:43,760 Speaker 1: my final question for you is if CNN doesn't bring 387 00:21:43,800 --> 00:21:46,359 Speaker 1: it up, do you force the issue? Because I have 388 00:21:46,400 --> 00:21:49,520 Speaker 1: a feeling they're going to be playing defense for Joe Biden. 389 00:21:49,600 --> 00:21:51,800 Speaker 1: So does the President go all in on these type 390 00:21:51,800 --> 00:21:54,120 Speaker 1: of issues even if they don't bring them up. 391 00:21:54,440 --> 00:21:56,600 Speaker 3: Yes, yes, absolutely, Yes. 392 00:21:57,440 --> 00:21:59,359 Speaker 2: As before. If you want to hear the rest of 393 00:21:59,359 --> 00:22:00,840 Speaker 2: this conversation on. 394 00:22:00,760 --> 00:22:03,440 Speaker 1: This topic, you can go back and dow the podcast 395 00:22:03,560 --> 00:22:06,919 Speaker 1: from earlier this week to hear the entire thing. I 396 00:22:06,960 --> 00:22:09,400 Speaker 1: want to get back to the big story number three 397 00:22:09,400 --> 00:22:10,560 Speaker 1: of the week. You may have missed. 398 00:22:11,280 --> 00:22:12,960 Speaker 2: It brings us to story number three. 399 00:22:12,960 --> 00:22:16,959 Speaker 1: It's an important one, and that's the unlawful appointment argument 400 00:22:17,000 --> 00:22:20,840 Speaker 1: that's been made about the special counsel Jack Smith. I 401 00:22:20,960 --> 00:22:24,600 Speaker 1: want you to walk us through this because it is complicated, 402 00:22:25,040 --> 00:22:28,879 Speaker 1: and I want you to make the argument that is, 403 00:22:29,160 --> 00:22:31,760 Speaker 1: why is there a possibility that this may work for 404 00:22:31,840 --> 00:22:35,400 Speaker 1: Trump's legal team? They're the ones that are basically raising 405 00:22:35,440 --> 00:22:40,000 Speaker 1: the argument about this special the unlawful appointment of Jack Smith. 406 00:22:40,440 --> 00:22:42,800 Speaker 1: Walk us through the argument that his legal team is 407 00:22:42,840 --> 00:22:44,159 Speaker 1: making and why they're making it. 408 00:22:44,200 --> 00:22:48,240 Speaker 3: Now, well, let me start by watch and listen to 409 00:22:48,640 --> 00:22:52,040 Speaker 3: how it was laid out in a TV interview with 410 00:22:52,080 --> 00:22:53,840 Speaker 3: Andy McCarthy, and then we'll talk about it as soon 411 00:22:53,880 --> 00:22:54,520 Speaker 3: as we listen to this. 412 00:22:55,160 --> 00:22:59,280 Speaker 6: Look, Jackie, I think it's deceptive coverage. The difference between 413 00:22:59,320 --> 00:23:02,919 Speaker 6: the issue about Smith's status that's been raised in this 414 00:23:03,040 --> 00:23:07,359 Speaker 6: case that distinguishes it from other cases is that prior 415 00:23:07,440 --> 00:23:13,439 Speaker 6: independent councils were appointed under a congressional statute. This independent council, 416 00:23:13,560 --> 00:23:17,359 Speaker 6: Jack Smith, has been appointed under a Justice Department regulation. 417 00:23:17,920 --> 00:23:20,720 Speaker 6: And what the Constitution says is that when you're talking 418 00:23:20,760 --> 00:23:23,400 Speaker 6: about an officer of the United States carrying out these 419 00:23:23,480 --> 00:23:28,359 Speaker 6: kinds of duties, either the person has to be nominated 420 00:23:28,359 --> 00:23:31,440 Speaker 6: by the President and confirmed by the Senate, or has 421 00:23:31,480 --> 00:23:34,800 Speaker 6: to occupy a position that Congress has established by law. 422 00:23:35,400 --> 00:23:37,080 Speaker 3: So this actually is. 423 00:23:37,080 --> 00:23:41,200 Speaker 6: A pretty novel and important argument, which is why people 424 00:23:41,320 --> 00:23:45,679 Speaker 6: like former Attorneys General Edwin mess and Michael Mukasey have 425 00:23:45,840 --> 00:23:50,720 Speaker 6: filed briefs saying that Smith doesn't have adequate legal constitutional 426 00:23:50,760 --> 00:23:53,600 Speaker 6: basis to proceed with this case. It's not at all 427 00:23:53,680 --> 00:23:58,040 Speaker 6: a frivolous argument, and I think the rap on Judge 428 00:23:58,080 --> 00:24:02,040 Speaker 6: Cannon is just ridiculous. This is a classified information case. 429 00:24:02,400 --> 00:24:05,159 Speaker 6: They're very hard to get to trial. She could have 430 00:24:05,240 --> 00:24:07,760 Speaker 6: satisfied the media and said, you know, we'll have an 431 00:24:07,880 --> 00:24:12,720 Speaker 6: August first trial date that everyone would have known was illusory. Instead, 432 00:24:12,760 --> 00:24:15,440 Speaker 6: she's trying to move through a massive pre trial work 433 00:24:15,440 --> 00:24:17,640 Speaker 6: that has to be done so that she can set 434 00:24:17,720 --> 00:24:21,160 Speaker 6: a realistic trial date, and for that she's being accused 435 00:24:21,200 --> 00:24:25,040 Speaker 6: I think falsely of postponing the case because she's trying 436 00:24:25,040 --> 00:24:27,040 Speaker 6: to help Trump's electoral effort. 437 00:24:27,520 --> 00:24:29,679 Speaker 1: I want to ask you about Mees and these others 438 00:24:29,680 --> 00:24:32,359 Speaker 1: that have filed these amicus briefs. But before we do that, 439 00:24:32,400 --> 00:24:35,320 Speaker 1: I want to talk to you about her incredible organization 440 00:24:35,560 --> 00:24:36,600 Speaker 1: called Preborn. 441 00:24:37,200 --> 00:24:40,080 Speaker 2: For two years, it has now been since Roe v. 442 00:24:40,160 --> 00:24:44,719 Speaker 1: Wade was overturned, and over sixty five million babies have fallen, 443 00:24:45,200 --> 00:24:49,680 Speaker 1: with thousands more taken. Every day Preborn honors these precious 444 00:24:49,680 --> 00:24:53,320 Speaker 1: souls who never had a chance to take their first breath. 445 00:24:53,600 --> 00:24:55,920 Speaker 1: Who would they have become? Is the question we should 446 00:24:55,920 --> 00:24:59,159 Speaker 1: all ask. Every one of them was special. We lost 447 00:24:59,320 --> 00:25:02,920 Speaker 1: a generation. With the abortion pill now accounting for over 448 00:25:03,040 --> 00:25:06,639 Speaker 1: sixty three percent of abortions, ending a baby's life is 449 00:25:06,760 --> 00:25:10,560 Speaker 1: all too convenient. That's why every day Preborn's networks of 450 00:25:10,640 --> 00:25:14,920 Speaker 1: clinics stand strong with these little defenseless babies, offering love, 451 00:25:15,200 --> 00:25:20,600 Speaker 1: support and a free ultrasound to introduce mothers with unplanned 452 00:25:20,640 --> 00:25:23,960 Speaker 1: pregnancies to the life growing inside of them. Once a 453 00:25:24,080 --> 00:25:27,080 Speaker 1: mother sees her baby and here's their heartbeat, she is 454 00:25:27,200 --> 00:25:30,159 Speaker 1: twice as likely to choose life. So that's why I 455 00:25:30,200 --> 00:25:33,920 Speaker 1: want you to join with me and preborn in defense 456 00:25:34,200 --> 00:25:38,800 Speaker 1: of these babies. One ultrasound costs just twenty eight dollars 457 00:25:39,240 --> 00:25:43,920 Speaker 1: and one hundred and forty dollars helps to rescue five babies. Now, 458 00:25:44,080 --> 00:25:47,959 Speaker 1: giving is easy. You just dial pound two fifty and 459 00:25:48,040 --> 00:25:52,520 Speaker 1: say the keyword baby. That's pound two fifty, say the 460 00:25:52,600 --> 00:25:57,000 Speaker 1: keyword baby. Or you can go online to preborn dot com, 461 00:25:57,040 --> 00:26:01,840 Speaker 1: slash verdict. That's preborn dot com slash verdict and rest 462 00:26:01,880 --> 00:26:06,679 Speaker 1: assured that one of your taxeductible donation will actually go 463 00:26:06,840 --> 00:26:13,440 Speaker 1: directly towards saving babies and mothers. That's preborn dot com 464 00:26:13,480 --> 00:26:17,040 Speaker 1: slash verdict or Pound two fifty say the keyword baby 465 00:26:17,240 --> 00:26:20,560 Speaker 1: to give today, Senator, I want to get your reaction 466 00:26:20,760 --> 00:26:23,640 Speaker 1: to the point he said about these briefs that were filed. 467 00:26:24,119 --> 00:26:27,720 Speaker 1: They're important briefs that are being filed, and yet for 468 00:26:27,800 --> 00:26:32,520 Speaker 1: many Americans they can still sound very overwhelming to understand. 469 00:26:32,720 --> 00:26:33,880 Speaker 2: So what's the goal here? 470 00:26:34,240 --> 00:26:35,600 Speaker 3: Yeah, and let me say, by the way, we just 471 00:26:35,640 --> 00:26:37,640 Speaker 3: played a clip for Mandy McCarthy. Andy's a Goo friend 472 00:26:37,680 --> 00:26:42,000 Speaker 3: of mine. One question I'd be interested from Verdict listeners. 473 00:26:42,760 --> 00:26:45,439 Speaker 3: We could certainly have Andy as a guest on this podcast. 474 00:26:45,560 --> 00:26:48,000 Speaker 3: We could also have law professor Jonathan Turley as a 475 00:26:48,000 --> 00:26:51,240 Speaker 3: guest on this podcast. Both of them I know very well. 476 00:26:51,320 --> 00:26:53,240 Speaker 3: So if y'all think those would be good guests to 477 00:26:53,280 --> 00:26:57,159 Speaker 3: have a detailed discussion about these issues, let us know 478 00:26:57,240 --> 00:26:59,400 Speaker 3: on Twitter. Let let us know, reach out to Ben 479 00:26:59,440 --> 00:27:01,640 Speaker 3: and me and let us know and either of both 480 00:27:01,640 --> 00:27:02,879 Speaker 3: of them we could have on and it could be 481 00:27:02,880 --> 00:27:08,320 Speaker 3: a very interesting discussion. Listen. So, the judge in Florida 482 00:27:08,359 --> 00:27:10,440 Speaker 3: has set an oral argument on the question of whether 483 00:27:10,520 --> 00:27:14,000 Speaker 3: Jack Smith's appointment is legal and constitutional, and that's going 484 00:27:14,040 --> 00:27:17,320 Speaker 3: to be argued by Gene Cher and Josh Blackman. Josh 485 00:27:17,400 --> 00:27:20,520 Speaker 3: Blackman is a law professor. Gen Chaer is a very 486 00:27:20,600 --> 00:27:25,920 Speaker 3: very well respected Supreme Court litigator. Shares the name partner 487 00:27:26,000 --> 00:27:29,800 Speaker 3: in share Jaffe. Jaffe is Eric Jaffey, who clerked with me. 488 00:27:29,880 --> 00:27:31,679 Speaker 3: He was a Clarence Thomas clerk the same year I 489 00:27:31,760 --> 00:27:34,800 Speaker 3: clerk for Chief Justice Renquist. I've known both of them 490 00:27:34,880 --> 00:27:39,440 Speaker 3: a very very long time. Ed Meese, former Attorney General, 491 00:27:39,480 --> 00:27:42,479 Speaker 3: is who has brought brought this arguments, filed an amicus 492 00:27:42,560 --> 00:27:46,919 Speaker 3: brief arguing that that Jack Smith is not appointed legally 493 00:27:46,920 --> 00:27:49,720 Speaker 3: and and the argument. First of all, they say there's 494 00:27:49,800 --> 00:27:54,439 Speaker 3: no federal statute that establishes an office of Special Counsel 495 00:27:54,480 --> 00:27:57,240 Speaker 3: in a Department of Justice, So there's not a statutory 496 00:27:57,280 --> 00:28:02,560 Speaker 3: basis for creating this this role. Secondly, they argue that 497 00:28:02,600 --> 00:28:06,280 Speaker 3: even if you ignore that there isn't a statute, there 498 00:28:06,359 --> 00:28:10,040 Speaker 3: is also no statute authorizing the Attorney General rather than 499 00:28:10,080 --> 00:28:12,840 Speaker 3: the President, with the advice and consent of the Senate, 500 00:28:12,880 --> 00:28:16,840 Speaker 3: to appoint such a special council. The special counsel, the 501 00:28:16,880 --> 00:28:20,639 Speaker 3: way it's structured right now, has more power than any 502 00:28:20,720 --> 00:28:24,320 Speaker 3: of the ninety four US attorneys who prosecute cases across 503 00:28:24,320 --> 00:28:26,720 Speaker 3: the country. So all across the country, they're ninety four 504 00:28:26,800 --> 00:28:30,359 Speaker 3: US attorneys. Every single one of them has been nominated 505 00:28:30,359 --> 00:28:32,280 Speaker 3: by the President of the United States, and every single 506 00:28:32,280 --> 00:28:35,400 Speaker 3: one of them has been confirmed by the Senate. That's 507 00:28:35,480 --> 00:28:38,240 Speaker 3: the structure. When you have a prosecutor with that level 508 00:28:38,280 --> 00:28:40,959 Speaker 3: of power, you go through the checks and balances. Well, 509 00:28:41,040 --> 00:28:44,280 Speaker 3: Jack Smith was not confirmed by the Senate, and their 510 00:28:44,320 --> 00:28:48,640 Speaker 3: authority is limited to the jurisdictions where they're appointed. So 511 00:28:48,680 --> 00:28:51,040 Speaker 3: if you are confirmed to be the US Attorney in 512 00:28:51,040 --> 00:28:53,880 Speaker 3: the Southern District of New York, you can't prosecute someone 513 00:28:53,880 --> 00:28:56,400 Speaker 3: in California. You don't have the authority to bring any 514 00:28:56,440 --> 00:29:02,719 Speaker 3: case outside of whatever district you're confirmed to. Jack Smith 515 00:29:03,600 --> 00:29:06,720 Speaker 3: has nationwide authority to pursue his prosecutions anywhere in the 516 00:29:06,760 --> 00:29:10,520 Speaker 3: country he wants, and he's indicted Trump in two separate jurisdictions, 517 00:29:10,520 --> 00:29:14,600 Speaker 3: in DC and in Florida. He was not nominated by 518 00:29:14,640 --> 00:29:17,840 Speaker 3: the President, he was not confirmed by the Senate, and 519 00:29:18,640 --> 00:29:22,440 Speaker 3: that the amicust brief argues violates the requirements of the Constitution. 520 00:29:23,280 --> 00:29:27,800 Speaker 3: General mess also acknowledges quote there are times when the 521 00:29:27,840 --> 00:29:33,200 Speaker 3: appointment of a special Council is appropriate, but federal statutes 522 00:29:33,240 --> 00:29:37,040 Speaker 3: in the Constitution only allow such appointments through the use 523 00:29:37,200 --> 00:29:40,160 Speaker 3: of existing United States attorneys. So it's worth noting there 524 00:29:40,160 --> 00:29:43,640 Speaker 3: have been other special councils, but they were sitting US attorneys. So, 525 00:29:43,720 --> 00:29:47,760 Speaker 3: for example, Patrick Fitzgerald was appointed as a special Council, 526 00:29:48,200 --> 00:29:51,560 Speaker 3: he was a sitting US attorney. Rod Rosenstein was appointed 527 00:29:51,560 --> 00:29:54,200 Speaker 3: as a special council. He was a sitting US attorney. 528 00:29:54,280 --> 00:29:56,920 Speaker 3: John Huber was appointed as a special council. He was 529 00:29:56,960 --> 00:30:00,320 Speaker 3: a sitting US attorney. John Durham was appoint to a 530 00:30:00,360 --> 00:30:02,880 Speaker 3: Special Council. He was a sitting US attorney. Every one 531 00:30:02,920 --> 00:30:06,000 Speaker 3: of them had been nominated by the President, had been 532 00:30:06,080 --> 00:30:09,959 Speaker 3: confirmed by the Senate at the time of their appointments, 533 00:30:09,960 --> 00:30:12,800 Speaker 3: and so what they argue is, you can't just make 534 00:30:12,840 --> 00:30:16,600 Speaker 3: an appointment as Attorney General and create a roving US 535 00:30:16,640 --> 00:30:21,320 Speaker 3: attorney with national authority greater than any US attorney without 536 00:30:21,960 --> 00:30:26,120 Speaker 3: the Senate having the right to engage in advice and 537 00:30:26,160 --> 00:30:28,760 Speaker 3: consent that argument. 538 00:30:29,440 --> 00:30:30,560 Speaker 2: Is that a legitimate argument? 539 00:30:30,560 --> 00:30:33,000 Speaker 1: I mean, you're obviously a guy that did this for 540 00:30:33,040 --> 00:30:35,640 Speaker 1: a very long time and that role is a lawyer. 541 00:30:35,960 --> 00:30:38,720 Speaker 1: So the question I ask you is, when you hear 542 00:30:38,800 --> 00:30:41,240 Speaker 1: this argument, you see names like mess and others that 543 00:30:41,280 --> 00:30:44,040 Speaker 1: are getting involved, and you hear the argument you're making, 544 00:30:44,160 --> 00:30:45,280 Speaker 1: is it a legitimate one. 545 00:30:45,680 --> 00:30:48,400 Speaker 3: It's a real argument and a serious argument. It doesn't 546 00:30:48,440 --> 00:30:50,720 Speaker 3: mean it will necessarily prevail. Doesn't mean it'll be a 547 00:30:50,760 --> 00:30:53,959 Speaker 3: slam dunk. There are real arguments on the other side. 548 00:30:54,000 --> 00:30:58,880 Speaker 3: But look, I think there is a possibility this argument prevails. 549 00:30:58,920 --> 00:31:02,400 Speaker 3: There's a long history dealing with special counsels, and before 550 00:31:02,480 --> 00:31:05,000 Speaker 3: that there was there was something called the Independent Council. 551 00:31:05,440 --> 00:31:08,320 Speaker 3: There was a statute that allowed independent counsels to be 552 00:31:08,360 --> 00:31:11,960 Speaker 3: appointed and that was created by Congress. So you'll recall 553 00:31:12,120 --> 00:31:16,600 Speaker 3: ken Starr was appointed as an independent counsel to prosecute 554 00:31:16,640 --> 00:31:20,200 Speaker 3: Bill Clinton, and at the time, so there was a 555 00:31:20,320 --> 00:31:24,160 Speaker 3: there was a case that was brought challenging the constitutionality 556 00:31:24,160 --> 00:31:26,360 Speaker 3: of the Independent Council Statute. It was a case called 557 00:31:26,400 --> 00:31:31,320 Speaker 3: Morrison versus Olson. The Olson was Ted Olsen, who at 558 00:31:31,320 --> 00:31:33,400 Speaker 3: the time was the head of the Office Legal Council 559 00:31:33,440 --> 00:31:36,240 Speaker 3: in the Department of Justice. He later became the Solicitor 560 00:31:36,320 --> 00:31:40,000 Speaker 3: General of the United States under George W. Bush. Ted 561 00:31:40,120 --> 00:31:43,040 Speaker 3: is a good friend. That case went to the Supreme 562 00:31:43,080 --> 00:31:45,920 Speaker 3: Court and and eight to one the Supreme Court upheld 563 00:31:46,280 --> 00:31:50,920 Speaker 3: the constitutionality of the Independent Council Statute. The dissent was 564 00:31:51,000 --> 00:31:54,000 Speaker 3: authored by Justice Scalia, and Justice Scalia laid out an 565 00:31:54,080 --> 00:31:58,320 Speaker 3: argument why having an independent council who was not subject 566 00:31:58,520 --> 00:32:01,480 Speaker 3: subject to the authority of the Attorney General, not subject 567 00:32:01,480 --> 00:32:04,440 Speaker 3: to the authority of the President is contrary to Article 568 00:32:04,440 --> 00:32:09,240 Speaker 3: two of the Constitution and exceptionally dangerous. What's interesting is 569 00:32:10,560 --> 00:32:14,280 Speaker 3: the view of Scalia's descent a loan descent eight to one. 570 00:32:14,360 --> 00:32:16,640 Speaker 3: I think has been vindicated over the years. And over 571 00:32:16,680 --> 00:32:19,320 Speaker 3: the decades, more and more people realized Scalia made some 572 00:32:19,520 --> 00:32:24,000 Speaker 3: very effective points, so much so that when the Independent 573 00:32:24,040 --> 00:32:27,440 Speaker 3: Council Statute expired, so it was written so it would expire. 574 00:32:27,840 --> 00:32:29,720 Speaker 3: I don't remember if it was ten years or twenty years, 575 00:32:29,720 --> 00:32:32,920 Speaker 3: but it had a date certain where it expired. When 576 00:32:32,960 --> 00:32:37,640 Speaker 3: it expired, Congress didn't reauthorize it, so it is no 577 00:32:37,760 --> 00:32:40,440 Speaker 3: longer the law. The Independent Council Statute is no longer 578 00:32:40,480 --> 00:32:44,400 Speaker 3: the law, and neither Democrats nor Republicans wanted to authorize it. 579 00:32:44,600 --> 00:32:47,440 Speaker 3: I think Democrats were really unhappy with the job Ken 580 00:32:47,480 --> 00:32:50,600 Speaker 3: Starr had done going after Bill Clinton, so they didn't 581 00:32:50,640 --> 00:32:53,880 Speaker 3: want that to happen again. Republicans had seen it abused 582 00:32:53,920 --> 00:32:57,280 Speaker 3: going after Republicans, and so both parties said, let's let 583 00:32:57,360 --> 00:33:01,320 Speaker 3: this statute expire, which means you don't have a special 584 00:33:01,400 --> 00:33:06,080 Speaker 3: statute authorizing Jack Smith the way you would otherwise. So 585 00:33:06,160 --> 00:33:08,040 Speaker 3: I think this is a real argument. We'll see what 586 00:33:08,160 --> 00:33:11,880 Speaker 3: Judge Cannon does, but but these are serious arguments that 587 00:33:11,920 --> 00:33:14,320 Speaker 3: deserve to be considered seriously. On the man find out. 588 00:33:15,080 --> 00:33:18,520 Speaker 3: I think we'll get a decision relatively quickly. My suspicion 589 00:33:18,640 --> 00:33:20,480 Speaker 3: is that we'll get it within the next few months. 590 00:33:20,880 --> 00:33:23,640 Speaker 1: Best case scenario for Trump, what would that look like. 591 00:33:23,960 --> 00:33:28,400 Speaker 3: Well, if Judge Cannon rules that Jack Smith is illegally appointed, 592 00:33:28,440 --> 00:33:31,479 Speaker 3: that he does not have the authority to bring the case. 593 00:33:32,480 --> 00:33:37,240 Speaker 3: That would that decision presumably would be appealed, but that 594 00:33:37,280 --> 00:33:41,600 Speaker 3: would permanently put on hold the case in Florida. But 595 00:33:41,640 --> 00:33:44,840 Speaker 3: it would have a naturally have an implication on the 596 00:33:44,920 --> 00:33:48,640 Speaker 3: DC case because Jack Smith is the prosecutor who's brought 597 00:33:48,640 --> 00:33:51,920 Speaker 3: the DC case as well. Now, technically speaking, the DC 598 00:33:52,120 --> 00:33:56,000 Speaker 3: judge would not be bound by the decision of the 599 00:33:56,000 --> 00:33:59,720 Speaker 3: Florida judge. Nonetheless, how those two interact, it would become 600 00:33:59,720 --> 00:34:02,920 Speaker 3: an issue in every case, both cases being brought by 601 00:34:03,000 --> 00:34:03,560 Speaker 3: Jack Smith. 602 00:34:04,360 --> 00:34:07,680 Speaker 1: As always, thank you for listening to Verdict with Center 603 00:34:07,760 --> 00:34:10,160 Speaker 1: Ted Cruz Ben Ferguson with you don't forget to deal 604 00:34:10,280 --> 00:34:12,520 Speaker 1: with my podcast and you can listen to my podcasts 605 00:34:12,520 --> 00:34:14,520 Speaker 1: every other day you're not listening to Verdict or each 606 00:34:14,560 --> 00:34:17,000 Speaker 1: day when you listen to Verdict. Afterwards, I'd love to 607 00:34:17,040 --> 00:34:20,120 Speaker 1: have you as a listener to again the Ben Ferguson podcasts, 608 00:34:20,120 --> 00:34:22,640 Speaker 1: and we will see you back here on Monday morning.