1 00:00:01,240 --> 00:00:04,200 Speaker 1: Welcome. It is Verdic with Center, Ted Cruz, Ben Ferguson 2 00:00:04,280 --> 00:00:05,760 Speaker 1: with you, and it's nice to have you with us 3 00:00:05,800 --> 00:00:08,959 Speaker 1: wherever you're listening around the country. We have got a 4 00:00:08,960 --> 00:00:11,639 Speaker 1: lot of news that has been breaking this week, including 5 00:00:11,720 --> 00:00:14,360 Speaker 1: a major victory as a New York appeals court is 6 00:00:14,400 --> 00:00:18,239 Speaker 1: thrown out that half a billion dollar penalty against Donald Trump, 7 00:00:18,600 --> 00:00:20,840 Speaker 1: something that we predicted right here on this show. 8 00:00:21,040 --> 00:00:23,479 Speaker 2: Well, that's right, there's an enormous amount we're talking about today. 9 00:00:23,480 --> 00:00:25,000 Speaker 2: But I want to say at the outset that this 10 00:00:25,040 --> 00:00:27,920 Speaker 2: podcast is brought to you by Cracker Barrel. They don't 11 00:00:27,920 --> 00:00:30,240 Speaker 2: have crackers, they don't have barrels. They hate you and 12 00:00:30,280 --> 00:00:33,360 Speaker 2: your family. There's nothing that your values stand for that 13 00:00:33,400 --> 00:00:35,680 Speaker 2: they stand for, but they are happy to be woke 14 00:00:36,000 --> 00:00:40,800 Speaker 2: and erase their entire history of race American exceptionalism. That, 15 00:00:40,760 --> 00:00:42,839 Speaker 2: of course is not true for those of you who 16 00:00:42,880 --> 00:00:45,640 Speaker 2: are hiring lawyers right now. That is what's known as parody. 17 00:00:46,360 --> 00:00:48,960 Speaker 2: So that is not accurate. But I will say what 18 00:00:49,159 --> 00:00:52,680 Speaker 2: is accurate is what Ben just said that President Trump 19 00:00:52,720 --> 00:00:55,440 Speaker 2: won a massive victory today in the New York Court 20 00:00:55,480 --> 00:00:58,960 Speaker 2: of Appeals. The New York Court of Appeals throughout the entirety, 21 00:00:59,120 --> 00:01:02,840 Speaker 2: every penny of the five hundred million dollar judgment that 22 00:01:02,920 --> 00:01:05,880 Speaker 2: the rabbid partisan Attorney General in New York, Letitia James, 23 00:01:06,240 --> 00:01:09,240 Speaker 2: had gotten against President Trump. We're going to break that down, 24 00:01:09,280 --> 00:01:12,200 Speaker 2: explain to you exactly what happened. We're also going to 25 00:01:12,280 --> 00:01:14,800 Speaker 2: talk about an amazing story that The New York Times 26 00:01:14,800 --> 00:01:19,200 Speaker 2: broke about how Democrat party registration is plummeting. It is 27 00:01:19,240 --> 00:01:22,880 Speaker 2: plummeting everywhere in every single state in the Union that 28 00:01:22,959 --> 00:01:28,520 Speaker 2: measures party registration. Democrat party registration is dropping through the floor. 29 00:01:28,560 --> 00:01:30,720 Speaker 2: We're going to give you those facts as well. We've 30 00:01:30,760 --> 00:01:33,240 Speaker 2: also got a special guest on today's podcast. We've got 31 00:01:33,240 --> 00:01:36,360 Speaker 2: my friend and colleague, Eric Schmidt, Senator from Missouri. He's 32 00:01:36,400 --> 00:01:39,039 Speaker 2: got a brand new book about fighting the Biden administration, 33 00:01:39,160 --> 00:01:41,640 Speaker 2: fighting the left in court. We have a discussion about 34 00:01:41,640 --> 00:01:45,280 Speaker 2: the strategies that work to fight the left wing woke lunatics. 35 00:01:45,840 --> 00:01:47,600 Speaker 2: And finally, we're going to talk about a story that 36 00:01:47,640 --> 00:01:50,000 Speaker 2: broke as well about how the Biden Department of Justice 37 00:01:50,480 --> 00:01:54,639 Speaker 2: raised serious legal questions from the Auto Pen in chief, 38 00:01:54,960 --> 00:01:58,960 Speaker 2: serious questions about the pardons that Joe Biden's auto pen 39 00:01:59,120 --> 00:02:01,040 Speaker 2: signed at the end of a presidency we're going to 40 00:02:01,080 --> 00:02:06,120 Speaker 2: talk about how those serious questions draw into real doubt 41 00:02:06,160 --> 00:02:08,280 Speaker 2: the legality of those autopen pardons. 42 00:02:08,320 --> 00:02:09,919 Speaker 3: All of that on today's Verdict. 43 00:02:10,280 --> 00:02:12,520 Speaker 1: I told you it's a pack show. 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It doesn't mean that this lawfair was easy. 80 00:04:07,600 --> 00:04:09,680 Speaker 1: We did say that the appeals court you thought would 81 00:04:09,720 --> 00:04:12,680 Speaker 1: throw out the egregious half billion dollar penalty against Donald Trump, 82 00:04:13,240 --> 00:04:16,040 Speaker 1: the president saying in a post it's now with interest 83 00:04:16,120 --> 00:04:19,360 Speaker 1: would be over five hundred and fifty million dollar judgment 84 00:04:19,400 --> 00:04:23,080 Speaker 1: against him, and the appellate Court's thrown it out. Explain 85 00:04:23,200 --> 00:04:24,800 Speaker 1: exactly what happened well. 86 00:04:24,839 --> 00:04:28,719 Speaker 2: This podcast was covered at length the egregious lawfair that 87 00:04:28,839 --> 00:04:31,799 Speaker 2: was waged against President Trump. He was indicted four times 88 00:04:31,800 --> 00:04:35,360 Speaker 2: by rabid Democrat prosecutors who wanted to stop the voters 89 00:04:35,400 --> 00:04:37,240 Speaker 2: from doing what they in fact did in November of 90 00:04:37,279 --> 00:04:39,719 Speaker 2: twenty twenty four, which is re electing him as president. 91 00:04:40,240 --> 00:04:43,880 Speaker 2: And then this case by Letitia James, another hard partisan 92 00:04:43,880 --> 00:04:47,800 Speaker 2: who campaigned promising the Democrat primary voters, if you elected her, 93 00:04:47,839 --> 00:04:50,159 Speaker 2: she would go after Donald Trump, which is of course 94 00:04:50,600 --> 00:04:55,600 Speaker 2: an absolute abuse of the justice, the role of attorney general, 95 00:04:56,040 --> 00:04:59,000 Speaker 2: fair and impartial administration of the law. It is a 96 00:04:59,040 --> 00:05:05,000 Speaker 2: weaponization of justice, and she in a mockery of justice. 97 00:05:05,120 --> 00:05:08,920 Speaker 2: The New York Trial Court issued an order that, as 98 00:05:08,960 --> 00:05:11,640 Speaker 2: President Trump rightly pointed out, with interest in penalties would 99 00:05:11,640 --> 00:05:14,320 Speaker 2: be worth over five hundred and fifty million dollars. This 100 00:05:14,520 --> 00:05:19,040 Speaker 2: was all for loans that President Trump and the Trump 101 00:05:19,600 --> 00:05:24,240 Speaker 2: organization took from very sophisticated global banks and they claimed 102 00:05:24,240 --> 00:05:26,280 Speaker 2: that he overstated the value of his real estate. Now, 103 00:05:26,279 --> 00:05:30,839 Speaker 2: mind you, there were no victims. The supposed aggrieved parties 104 00:05:30,880 --> 00:05:33,600 Speaker 2: were giant banks who were perfectly capable of valuing real 105 00:05:33,720 --> 00:05:36,480 Speaker 2: estate on their own, and they did value real estate 106 00:05:36,520 --> 00:05:39,040 Speaker 2: on their own. They lost no money, not a penny. 107 00:05:39,440 --> 00:05:40,960 Speaker 2: They said they were thrilled to do the loans and 108 00:05:41,000 --> 00:05:43,080 Speaker 2: they would be eager to do more loans going forward. 109 00:05:43,080 --> 00:05:45,600 Speaker 2: And yet the New York Attorney General said you got 110 00:05:45,640 --> 00:05:48,359 Speaker 2: to pay five hundred and fifty million dollars, and the 111 00:05:48,360 --> 00:05:52,240 Speaker 2: New York Appellate Division overturned it, and it reduced that 112 00:05:52,279 --> 00:05:55,760 Speaker 2: penalty from five hundred and fifty million dollars to zero, 113 00:05:56,560 --> 00:05:57,880 Speaker 2: zero dollars. 114 00:05:57,440 --> 00:05:58,279 Speaker 3: And zero cents. 115 00:05:58,279 --> 00:06:01,680 Speaker 2: It concluded that the disgorgement was an excessive fine that 116 00:06:01,920 --> 00:06:05,840 Speaker 2: violates the Eighth Amendment. This is exactly right, and this 117 00:06:06,000 --> 00:06:08,680 Speaker 2: is what we predicted on this podcast. Look, one of 118 00:06:08,680 --> 00:06:12,080 Speaker 2: the things about the Verdict podcast it is we make 119 00:06:12,120 --> 00:06:15,760 Speaker 2: real predictions. We make predictions that are sometimes out there 120 00:06:15,800 --> 00:06:18,839 Speaker 2: that are sometimes very few people are making. Early on 121 00:06:19,240 --> 00:06:21,479 Speaker 2: more than a year before the election last year, I 122 00:06:21,560 --> 00:06:24,200 Speaker 2: predicted Joe Biden will not be the nominee. At the 123 00:06:24,240 --> 00:06:27,680 Speaker 2: time this podcast was mocked. Ben and I were mocked 124 00:06:27,720 --> 00:06:31,440 Speaker 2: for being crazy tinfoil hat wearing conspiracy theorist that of 125 00:06:31,480 --> 00:06:33,960 Speaker 2: course proved correct. I want you to listen to what 126 00:06:34,000 --> 00:06:37,719 Speaker 2: we said a year ago predicting the result that just 127 00:06:37,800 --> 00:06:39,719 Speaker 2: happened this week. Give a listen to what we said 128 00:06:39,839 --> 00:06:43,279 Speaker 2: one year ago. Letitia James, who is a left wing 129 00:06:43,440 --> 00:06:49,120 Speaker 2: partisan Democrat. She ran for office promising to get Donald Trump. 130 00:06:49,160 --> 00:06:51,880 Speaker 2: That was her campaign promise, You elect me, and I'm 131 00:06:51,920 --> 00:06:54,560 Speaker 2: going after Donald Trump. I'm gonna get him. So this 132 00:06:54,800 --> 00:06:57,720 Speaker 2: was not a fair and objective application of the law. 133 00:06:57,920 --> 00:07:00,000 Speaker 2: This was a political vendetta from day. 134 00:07:00,680 --> 00:07:03,280 Speaker 1: Let me ask you this, How is that not against 135 00:07:03,320 --> 00:07:08,039 Speaker 1: the law to run for office saying that when you 136 00:07:08,160 --> 00:07:11,800 Speaker 1: become what is supposed to be a steward of law 137 00:07:11,840 --> 00:07:15,119 Speaker 1: and order, that you're actually running to lock up someone 138 00:07:15,160 --> 00:07:19,400 Speaker 1: you disagree with politically? How is that legal in America today? 139 00:07:19,680 --> 00:07:21,440 Speaker 2: Well, I think that's going to be a very serious 140 00:07:21,480 --> 00:07:25,200 Speaker 2: claim on appeal, and I think there is a significant 141 00:07:25,280 --> 00:07:27,520 Speaker 2: chance this gets overturned on appeal, but that's going to 142 00:07:27,560 --> 00:07:32,920 Speaker 2: take a long time. The prosecutor, on her face, is 143 00:07:32,960 --> 00:07:36,240 Speaker 2: not fair, is not impartial, but is engaged in a 144 00:07:36,320 --> 00:07:39,760 Speaker 2: partisan political vendetta. She said that before she knew the 145 00:07:39,760 --> 00:07:40,600 Speaker 2: facts of anything. 146 00:07:41,360 --> 00:07:43,840 Speaker 1: I mean, this was a while ago. This is February 147 00:07:43,920 --> 00:07:48,160 Speaker 1: nineteenth of last year, like twenty twenty four. And when 148 00:07:48,160 --> 00:07:50,240 Speaker 1: we said it, people like, this is ridiculous. 149 00:07:51,160 --> 00:07:51,840 Speaker 3: Well it is. 150 00:07:51,880 --> 00:07:53,480 Speaker 2: And then we went back to it in March or 151 00:07:53,520 --> 00:07:56,160 Speaker 2: twenty twenty four, and we talked about the specific legal 152 00:07:56,200 --> 00:07:59,120 Speaker 2: claim that the New York Appellate Court just addressed, and 153 00:07:59,440 --> 00:08:02,280 Speaker 2: that was the amendment that it was an excessive fine. 154 00:08:02,680 --> 00:08:04,680 Speaker 2: And when we come back in just a minute, we're 155 00:08:04,720 --> 00:08:07,880 Speaker 2: going to play what we said in March of twenty 156 00:08:07,920 --> 00:08:11,320 Speaker 2: twenty four, laying out the legal ground that just has 157 00:08:11,360 --> 00:08:14,720 Speaker 2: been put in place to set aside this absolute abuse 158 00:08:14,760 --> 00:08:17,000 Speaker 2: of power. Now, to be clear, this claim will go 159 00:08:17,080 --> 00:08:19,680 Speaker 2: up on appeal. There's one other level of appeals up 160 00:08:19,760 --> 00:08:22,400 Speaker 2: to the New York Court of Appeals, the top appellate 161 00:08:22,520 --> 00:08:25,040 Speaker 2: court in New York. And so it's possible the New 162 00:08:25,120 --> 00:08:28,080 Speaker 2: York appellate courts reverse it. Yet again I don't think 163 00:08:28,120 --> 00:08:30,960 Speaker 2: they will, and I think if they did, it would 164 00:08:31,000 --> 00:08:34,320 Speaker 2: go to the Supreme Court and be reversed once again. 165 00:08:34,400 --> 00:08:37,960 Speaker 2: So one way or another, this order is not going 166 00:08:38,000 --> 00:08:40,079 Speaker 2: to go into effect. Donald Trump is not going to 167 00:08:40,120 --> 00:08:42,520 Speaker 2: have to pay a half billion dollars. Today is a 168 00:08:42,600 --> 00:08:45,760 Speaker 2: day for celebration because the New York courts actually did 169 00:08:45,800 --> 00:08:49,400 Speaker 2: their job and they corrected a grotesque injustice from an 170 00:08:49,440 --> 00:08:51,000 Speaker 2: abusive district judge in New York. 171 00:08:51,520 --> 00:08:53,360 Speaker 1: I want to take you back to March twenty third 172 00:08:53,360 --> 00:08:55,200 Speaker 1: of twenty twenty four, and I want you to hear 173 00:08:55,200 --> 00:08:57,640 Speaker 1: what we had to say about this case on this show. 174 00:08:58,200 --> 00:09:01,320 Speaker 2: The impact if Trump is not able to post this bond, 175 00:09:02,320 --> 00:09:05,720 Speaker 2: the effect would be to deny him the right to 176 00:09:05,880 --> 00:09:11,000 Speaker 2: even appeal the absurd partisan decision from the district court. 177 00:09:11,360 --> 00:09:15,160 Speaker 2: I got to say, this is such a profound abuse. Now, 178 00:09:16,040 --> 00:09:18,240 Speaker 2: that doesn't mean Trump would be out of options, because 179 00:09:18,280 --> 00:09:21,240 Speaker 2: if the New York courts insist you've got to put 180 00:09:21,280 --> 00:09:24,040 Speaker 2: up a half billion dollars in order to appeal this decision, 181 00:09:24,559 --> 00:09:27,400 Speaker 2: I am confident that Trump will appeal that, and potentially 182 00:09:28,360 --> 00:09:30,200 Speaker 2: appeal that all the way to the U. S. 183 00:09:30,200 --> 00:09:32,880 Speaker 3: Supreme Court and the U. S. Supreme Court. 184 00:09:32,880 --> 00:09:38,120 Speaker 2: He would have multiple arguments, constitutional arguments, including the Constitution 185 00:09:38,320 --> 00:09:43,800 Speaker 2: prohibits denying an individual, depriving an individual of property without 186 00:09:43,880 --> 00:09:46,000 Speaker 2: due process of law, and there would be an argument 187 00:09:46,040 --> 00:09:50,800 Speaker 2: that this is such an excessive bond that it constitutes 188 00:09:50,840 --> 00:09:52,800 Speaker 2: a violation of due process. 189 00:09:53,320 --> 00:09:55,400 Speaker 3: He would also have an argument under the Eighth Amendment. 190 00:09:55,440 --> 00:09:59,719 Speaker 2: The Eighth Amendment specifies excessive bail shall not be required, 191 00:10:00,280 --> 00:10:05,239 Speaker 2: nor excessive fines imposed, nor cruel and unusual punishments inflicted. 192 00:10:05,600 --> 00:10:07,120 Speaker 3: Now, the Eighth Amendment. 193 00:10:08,400 --> 00:10:12,880 Speaker 2: Typically applies in a criminal context, but given the magnitude here, 194 00:10:12,920 --> 00:10:15,720 Speaker 2: I would expect him to make both an Eighth Amendment 195 00:10:15,840 --> 00:10:19,200 Speaker 2: argument and a due process argument, and it is entirely 196 00:10:19,280 --> 00:10:24,040 Speaker 2: possible that would prevail ultimately. But what New York is doing, 197 00:10:24,600 --> 00:10:28,120 Speaker 2: what the New York Attorney General is doing, is the 198 00:10:28,240 --> 00:10:30,680 Speaker 2: conduct of a banana republic. 199 00:10:30,760 --> 00:10:34,360 Speaker 1: Kind of of a banana republic. It doesn't sound crazy 200 00:10:34,440 --> 00:10:36,880 Speaker 1: now at all, even though others said it was. 201 00:10:37,760 --> 00:10:37,960 Speaker 3: Yeah. 202 00:10:38,000 --> 00:10:40,600 Speaker 2: Look, and I want to say I'm glad that the 203 00:10:40,600 --> 00:10:42,600 Speaker 2: New York Appellate courts actually did their job. 204 00:10:42,640 --> 00:10:43,920 Speaker 3: They followed the rule of law. 205 00:10:45,000 --> 00:10:47,520 Speaker 2: The ground that I predicted in March of last year 206 00:10:47,600 --> 00:10:50,320 Speaker 2: of excessive fines is exactly the ground on which they 207 00:10:50,320 --> 00:10:52,000 Speaker 2: set it aside, And I got to say that the 208 00:10:52,120 --> 00:10:54,400 Speaker 2: Titia James put out a statement today that I found 209 00:10:54,520 --> 00:10:58,600 Speaker 2: side splitting funny. Her statement today she said, quote the 210 00:10:58,640 --> 00:11:01,320 Speaker 2: First Department today affirmed well supported finding of the trial 211 00:11:01,360 --> 00:11:03,439 Speaker 2: court Donald Trump, his company, and two of his children 212 00:11:03,440 --> 00:11:06,319 Speaker 2: are liable for fraud. The court upheld the injunctive relief 213 00:11:06,360 --> 00:11:09,000 Speaker 2: we won, limiting Donald Trump and the Trump Organization's officers 214 00:11:09,200 --> 00:11:11,160 Speaker 2: ability to do business in New York. It should not 215 00:11:11,200 --> 00:11:13,320 Speaker 2: be lost to history. Yet another court has ruled that 216 00:11:13,360 --> 00:11:16,280 Speaker 2: the President has violated the law and that our case 217 00:11:16,559 --> 00:11:19,400 Speaker 2: has merit. We will seek appeal to the Court of 218 00:11:19,400 --> 00:11:21,400 Speaker 2: Appeals and continue to protect the rights and interest to 219 00:11:21,440 --> 00:11:24,520 Speaker 2: New Yorkers. So she's celebrating that they said our case 220 00:11:24,600 --> 00:11:27,240 Speaker 2: has merit, other than the fact that they took the 221 00:11:27,280 --> 00:11:31,320 Speaker 2: fine from five hundred and fifty million dollars to zero. 222 00:11:32,480 --> 00:11:36,520 Speaker 2: That's an awfully weird decision to celebrate as a victory. 223 00:11:36,559 --> 00:11:39,839 Speaker 2: This was a crushing loss for Letitia James. It was 224 00:11:39,880 --> 00:11:42,200 Speaker 2: an enormous victory for President Trump, and it was an 225 00:11:42,280 --> 00:11:45,679 Speaker 2: enormous victory for the rule of law. And by the way, ironically, 226 00:11:46,280 --> 00:11:48,240 Speaker 2: it was an enormous victory for the state of New 227 00:11:48,320 --> 00:11:51,000 Speaker 2: York because I got to say, if this had been upheld, 228 00:11:51,960 --> 00:11:55,520 Speaker 2: you would have seen a significant exodus of businesses being 229 00:11:55,600 --> 00:11:57,800 Speaker 2: willing to do business in New York because if the 230 00:11:57,840 --> 00:12:01,960 Speaker 2: Attorney general could simply go after any business and shake 231 00:12:02,040 --> 00:12:04,920 Speaker 2: them down for hundreds of millions or even billions of dollars. 232 00:12:05,280 --> 00:12:07,040 Speaker 2: A whole lot of people would say, this is not 233 00:12:07,080 --> 00:12:10,200 Speaker 2: a place I can do business. And so this week's 234 00:12:10,200 --> 00:12:11,760 Speaker 2: decision is caused for celebration. 235 00:12:12,480 --> 00:12:15,200 Speaker 1: Yeah, it really is. And this brings us another story 236 00:12:15,240 --> 00:12:20,080 Speaker 1: that I think ties in perfectly. Democrats are losing support 237 00:12:20,679 --> 00:12:25,920 Speaker 1: and they're now facing a voter registration crisis. Democrats are 238 00:12:25,960 --> 00:12:29,959 Speaker 1: facing a crisis as more than two million voters leave 239 00:12:30,000 --> 00:12:33,439 Speaker 1: the party in just a four year based on data 240 00:12:33,480 --> 00:12:35,720 Speaker 1: and analysis coming from the New York Post, also New 241 00:12:35,800 --> 00:12:38,880 Speaker 1: York Times reporting on this several others. I go back 242 00:12:38,920 --> 00:12:41,560 Speaker 1: to Letitia James a great example of this. When you 243 00:12:41,679 --> 00:12:44,960 Speaker 1: go rogue and you try to destroy people's lives, and 244 00:12:45,000 --> 00:12:46,640 Speaker 1: you go after Donald Trump the way you did, and 245 00:12:46,679 --> 00:12:50,040 Speaker 1: you use law fare and all that we now know about, 246 00:12:50,080 --> 00:12:53,520 Speaker 1: you know, the deep state and the corruption, it's a 247 00:12:53,559 --> 00:12:55,679 Speaker 1: great way to make people say, maybe I don't want 248 00:12:55,720 --> 00:12:56,920 Speaker 1: to be involved in this party. 249 00:12:57,240 --> 00:13:00,880 Speaker 2: Well, Ben, look, you're just a right wing partisan. Obviously 250 00:13:00,960 --> 00:13:03,840 Speaker 2: you're saying things that that that favor one side of 251 00:13:03,840 --> 00:13:06,439 Speaker 2: the political aisle. But why should anyone trust you? It's 252 00:13:06,480 --> 00:13:08,880 Speaker 2: not like anyone else is saying this. Oh wait, wait, 253 00:13:08,920 --> 00:13:11,959 Speaker 2: here is the New York Times not exactly a right 254 00:13:12,000 --> 00:13:14,960 Speaker 2: wing partisan outlet. Let me just read from the New 255 00:13:15,000 --> 00:13:18,199 Speaker 2: York Times this week. Here's the headline, The Democratic Party 256 00:13:18,240 --> 00:13:23,440 Speaker 2: faces a voter registration crisis. The party is bleeding support 257 00:13:23,600 --> 00:13:26,480 Speaker 2: beyond the ballot box, and new analysis shows And here's 258 00:13:26,480 --> 00:13:28,040 Speaker 2: what the New York Times writs in the body of 259 00:13:28,080 --> 00:13:32,120 Speaker 2: the article. The Democratic Party is hemorrhaging voters long before 260 00:13:32,160 --> 00:13:35,560 Speaker 2: they even go to the polls of the thirty states 261 00:13:35,559 --> 00:13:41,280 Speaker 2: that track voter registration by political party, Democrats lost ground 262 00:13:41,280 --> 00:13:47,640 Speaker 2: to Republicans in every single one between the twenty twenty 263 00:13:47,679 --> 00:13:50,400 Speaker 2: and twenty twenty four elections, and often by a lot. 264 00:13:51,160 --> 00:13:55,320 Speaker 2: That four year swing towards the Republicans adds up to 265 00:13:55,440 --> 00:13:59,800 Speaker 2: four point five million voters, a deep political hole that 266 00:13:59,800 --> 00:14:02,439 Speaker 2: can take years for the Democrats to climb out from. 267 00:14:03,200 --> 00:14:05,880 Speaker 2: The stampee that's the word that the New York Times 268 00:14:05,920 --> 00:14:10,120 Speaker 2: is using. The stampede away from the Democratic Party is 269 00:14:10,160 --> 00:14:15,320 Speaker 2: occurring in battleground states, the bluest states and the redest 270 00:14:15,320 --> 00:14:18,559 Speaker 2: states too. According to a new analysis of voter registration 271 00:14:19,040 --> 00:14:22,640 Speaker 2: data by The New York Times, The analysis used voter 272 00:14:22,720 --> 00:14:26,480 Speaker 2: registration data compiled by L two, a nonpartisan data firm. 273 00:14:27,200 --> 00:14:30,040 Speaker 2: This is stunning all told. This is again reading from 274 00:14:30,080 --> 00:14:32,520 Speaker 2: the New York Times. Democrats lost about two point one 275 00:14:32,680 --> 00:14:36,560 Speaker 2: million registered voters between twenty twenty and twenty four elections 276 00:14:36,920 --> 00:14:40,200 Speaker 2: in the thirty states along with Washington, DC that allow 277 00:14:40,440 --> 00:14:45,960 Speaker 2: people to register with the political party, Republicans gained two 278 00:14:46,080 --> 00:14:50,760 Speaker 2: point four million. That says an enormous amount that the 279 00:14:50,800 --> 00:14:53,040 Speaker 2: Democrats are in crisis, that even the New York Times 280 00:14:53,120 --> 00:14:55,320 Speaker 2: is saying so. And I got to say, I don't 281 00:14:55,320 --> 00:14:57,200 Speaker 2: know a single one of my colleagues in the Senate, 282 00:14:57,320 --> 00:15:01,440 Speaker 2: the Democrat colleagues, who is asking why why is it 283 00:15:01,520 --> 00:15:04,760 Speaker 2: that so many people are running away from our disastrous policies. 284 00:15:04,800 --> 00:15:07,560 Speaker 2: The Democrats continue to embrace those policies, and I think 285 00:15:07,600 --> 00:15:09,440 Speaker 2: as long as they do, you're going to continue to 286 00:15:09,480 --> 00:15:11,360 Speaker 2: see this and you're going to see it even accelerate. 287 00:15:12,160 --> 00:15:14,600 Speaker 1: Yeah, it's going to accelerate. And I also think part 288 00:15:14,640 --> 00:15:17,280 Speaker 1: of this is the Democratic Party is let the extremists 289 00:15:17,280 --> 00:15:20,040 Speaker 1: really come in and take over. And now there's an 290 00:15:20,040 --> 00:15:23,520 Speaker 1: identity crisis. Are we Marxists? Are researchialists? Are we communists? 291 00:15:23,640 --> 00:15:26,760 Speaker 1: The old Democratic Party is dead. Is that the feeling 292 00:15:26,800 --> 00:15:30,200 Speaker 1: in Washington, DC? Around your colleagues as well? Are they concerned? 293 00:15:30,680 --> 00:15:33,760 Speaker 2: Well, no, not among the Democrats. Look, the Democrats seemed 294 00:15:33,840 --> 00:15:37,240 Speaker 2: ob oblivious. Here's a quote from the New York Times quote. 295 00:15:37,320 --> 00:15:39,120 Speaker 2: I don't want to say the death cycle of the 296 00:15:39,160 --> 00:15:41,600 Speaker 2: Democratic Party, but there seems to be no end to this, 297 00:15:41,760 --> 00:15:45,040 Speaker 2: said Michael Pruser. Attracts voter registration closely as the director 298 00:15:45,040 --> 00:15:49,240 Speaker 2: of Data Science for Decision Desk HQ, and it points 299 00:15:49,320 --> 00:15:52,000 Speaker 2: out that the party saw some of its steepest declines 300 00:15:52,000 --> 00:15:56,400 Speaker 2: in registration among men and younger voters, two constituencies that 301 00:15:56,560 --> 00:16:00,120 Speaker 2: sharply swung towards mister Trump. At the end of the day, 302 00:16:00,120 --> 00:16:02,600 Speaker 2: this is not complicated when you embrace policies that are 303 00:16:02,640 --> 00:16:05,320 Speaker 2: a failure, that cause inflation, that open borders that threaten 304 00:16:05,400 --> 00:16:07,960 Speaker 2: your families, When you take every eighty twenty issue in 305 00:16:08,000 --> 00:16:11,960 Speaker 2: America and the Democrat Party says, we'll take the twenty, 306 00:16:12,160 --> 00:16:14,360 Speaker 2: people run away from your party as extreme and out 307 00:16:14,400 --> 00:16:14,760 Speaker 2: of touch. 308 00:16:16,360 --> 00:16:18,520 Speaker 1: One of the fun things about what you do is 309 00:16:18,800 --> 00:16:21,120 Speaker 1: you've got colleagues that you know well, and from time 310 00:16:21,120 --> 00:16:24,840 Speaker 1: to time great books are written. And one of your colleagues, 311 00:16:24,880 --> 00:16:28,120 Speaker 1: Senator Eric Smidt from Missouri is with us right now 312 00:16:28,160 --> 00:16:29,640 Speaker 1: and he's got a new book out. 313 00:16:30,040 --> 00:16:33,440 Speaker 2: Well, we're glad to welcome Eric Schmidt to the podcast. 314 00:16:33,520 --> 00:16:35,480 Speaker 2: He has a brand new book. It is entitled The 315 00:16:35,560 --> 00:16:38,440 Speaker 2: Last Line of Defense, How to Beat the Left in Court. 316 00:16:38,520 --> 00:16:41,240 Speaker 2: And Eric is a good friend. Before he was in 317 00:16:41,280 --> 00:16:44,440 Speaker 2: the Senate, he was the Attorney General of Missouri, and 318 00:16:44,480 --> 00:16:46,640 Speaker 2: he was a warrior. He was a warrior taking on 319 00:16:46,840 --> 00:16:50,600 Speaker 2: the Biden administration, taking on big tech, taking on the 320 00:16:50,920 --> 00:16:53,280 Speaker 2: radical left. And he built a very strong record as 321 00:16:53,280 --> 00:16:56,400 Speaker 2: attorney general. And that's the record he campaigned for Senate 322 00:16:56,440 --> 00:16:59,320 Speaker 2: on and when Eric launched his campaign for Senate, I 323 00:16:59,400 --> 00:17:04,040 Speaker 2: endorsed him early on and came to Missouri campaigned alongside him. 324 00:17:04,040 --> 00:17:07,240 Speaker 2: He ran a fantastic campaign. He won decisively. And now 325 00:17:07,280 --> 00:17:10,800 Speaker 2: he's a colleague of mine on the Commerce Committee and 326 00:17:10,840 --> 00:17:12,639 Speaker 2: on the Judiciary Committee, so we spend a lot of 327 00:17:12,720 --> 00:17:16,159 Speaker 2: time together. We have have similar passions. Eric, Welcome to Verdict. 328 00:17:16,880 --> 00:17:18,400 Speaker 4: It's great to be with you guys. Thanks for having 329 00:17:18,440 --> 00:17:18,679 Speaker 4: me on. 330 00:17:19,280 --> 00:17:20,960 Speaker 2: All right, so tell us about the book. You have 331 00:17:20,960 --> 00:17:22,959 Speaker 2: a brand new book, The Last Line of Defense, How 332 00:17:22,960 --> 00:17:26,320 Speaker 2: to Beat the Left and in Court. Tell us why 333 00:17:26,359 --> 00:17:28,560 Speaker 2: you wrote it. And why folks want to go out 334 00:17:28,600 --> 00:17:28,959 Speaker 2: and buy it. 335 00:17:29,200 --> 00:17:31,360 Speaker 4: Well, yeah, it's really a kind of a field manual 336 00:17:31,520 --> 00:17:33,880 Speaker 4: from the front lines of this battle against the left 337 00:17:33,920 --> 00:17:36,600 Speaker 4: wing lawfare machine that I saw front and center in 338 00:17:36,680 --> 00:17:38,840 Speaker 4: my time as Missouri Attorney General. And I know that 339 00:17:38,840 --> 00:17:41,119 Speaker 4: we're kind of on the other side of the fever dream. Guys, 340 00:17:41,560 --> 00:17:44,359 Speaker 4: after President Trump delivered this historic victory and got all 341 00:17:44,359 --> 00:17:47,320 Speaker 4: these wins, were celebrating. But if you go back to 342 00:17:47,480 --> 00:17:50,520 Speaker 4: you take that deloreum back in time just a few years. 343 00:17:50,560 --> 00:17:53,560 Speaker 4: It was a time of lockdowns and compulsory COVID shots 344 00:17:53,600 --> 00:17:56,679 Speaker 4: and you know, open borders and de I struggle sessions 345 00:17:56,720 --> 00:18:00,760 Speaker 4: and ESG requirements and a censorship enterprise was so vast. 346 00:18:00,800 --> 00:18:02,360 Speaker 4: I think it was the biggest affront at the first 347 00:18:02,400 --> 00:18:05,399 Speaker 4: Amendment we've seen in a nation's history. So when I 348 00:18:05,440 --> 00:18:07,159 Speaker 4: was ag we stood up and we fought back. We 349 00:18:07,200 --> 00:18:09,960 Speaker 4: took the the COVID vaccine mandate all the way to 350 00:18:10,000 --> 00:18:11,960 Speaker 4: the Supreme Court and we won. We took the student 351 00:18:12,000 --> 00:18:14,000 Speaker 4: owned death forgiveness case all the way Supreme Court and 352 00:18:14,040 --> 00:18:18,200 Speaker 4: we won. We filed Missouri versus Biden, and we uncovered 353 00:18:18,200 --> 00:18:21,080 Speaker 4: this vast censorship enterprise. We took the deposition of Fauci. 354 00:18:21,119 --> 00:18:23,560 Speaker 4: We took the deposition of Elvis Chan who was pre 355 00:18:23,600 --> 00:18:26,439 Speaker 4: bunking the Hunter Biden laptop story for the FBI. We 356 00:18:26,480 --> 00:18:29,240 Speaker 4: took on mass mandate to local schools. We pushed back 357 00:18:29,280 --> 00:18:33,280 Speaker 4: against ESG requirements, went after local school districts for their CRT. 358 00:18:33,480 --> 00:18:35,719 Speaker 4: So we were in the middle of the arena, and 359 00:18:35,760 --> 00:18:37,440 Speaker 4: I wanted to write the book because there's a lot 360 00:18:37,440 --> 00:18:40,000 Speaker 4: of lessons learned here. We want we stood up, we 361 00:18:40,080 --> 00:18:43,040 Speaker 4: fought back, and we won, And it's a playbook. It's 362 00:18:43,040 --> 00:18:45,320 Speaker 4: a playbook moving forward. This isn't the last time we're 363 00:18:45,320 --> 00:18:47,160 Speaker 4: going to see that from the left. In fact, they're 364 00:18:47,240 --> 00:18:50,119 Speaker 4: kind of engaged in laws there right now. So anyway, 365 00:18:50,160 --> 00:18:52,000 Speaker 4: there's a lot to learn here, and I think the 366 00:18:52,040 --> 00:18:54,199 Speaker 4: readers are your listeners will get a lot from it 367 00:18:54,240 --> 00:18:56,200 Speaker 4: from these sort of behind the scenes stories of how 368 00:18:56,200 --> 00:18:56,800 Speaker 4: it took place. 369 00:18:57,240 --> 00:18:57,440 Speaker 3: Good. 370 00:18:57,880 --> 00:19:00,159 Speaker 2: Let's talk about about several of the topics that that 371 00:19:00,200 --> 00:19:02,560 Speaker 2: you dove into. Let's let's talk about Anthony Fauci, and 372 00:19:03,320 --> 00:19:05,960 Speaker 2: you talked about taking his deposition to tell us what 373 00:19:06,000 --> 00:19:09,119 Speaker 2: you learned. And I have said many times Anthony Fauci 374 00:19:09,200 --> 00:19:12,159 Speaker 2: is the most damaging bureaucrat to have ever lived. I 375 00:19:12,200 --> 00:19:14,120 Speaker 2: think you've said very much the same thing. But tell 376 00:19:14,200 --> 00:19:15,880 Speaker 2: us about that deposition and what you learned. 377 00:19:16,840 --> 00:19:20,680 Speaker 4: Yeah, So this took place in November of twenty twenty two, 378 00:19:20,840 --> 00:19:24,160 Speaker 4: just after I was elected to the US Senate. And 379 00:19:24,440 --> 00:19:27,040 Speaker 4: one of the key things that you'll appreciate this, one 380 00:19:27,080 --> 00:19:28,400 Speaker 4: of the things that we talked about in the Last 381 00:19:28,400 --> 00:19:30,480 Speaker 4: Line of Defense you can order on Amazon right now, 382 00:19:30,880 --> 00:19:33,960 Speaker 4: is that we sought discovery before the injunction. Typically with 383 00:19:34,000 --> 00:19:36,320 Speaker 4: these cases, you seek an injunction and get the government 384 00:19:36,359 --> 00:19:38,960 Speaker 4: to stop doing what they're doing. We sought discovery first. 385 00:19:39,000 --> 00:19:41,399 Speaker 4: We knew it would get a lot of attention. As 386 00:19:41,400 --> 00:19:44,320 Speaker 4: far as the case that everybody labeled the conspiracy theory 387 00:19:44,320 --> 00:19:46,879 Speaker 4: that conserves were actually being throttled in the platform, we 388 00:19:46,920 --> 00:19:48,639 Speaker 4: knew it was true, so we got to take the 389 00:19:48,640 --> 00:19:52,560 Speaker 4: deposition of Fauci comes in the room. A fun little story. 390 00:19:52,760 --> 00:19:56,000 Speaker 4: Jeff Landry, who's my colleagues from Louisiana, had the RFK 391 00:19:56,160 --> 00:19:58,240 Speaker 4: Junior is the Real Anthony Fauci book on the middle 392 00:19:58,240 --> 00:20:00,200 Speaker 4: of the table as you walked in. I'm sure how 393 00:20:00,280 --> 00:20:03,480 Speaker 4: she did not find that very humorous, but it kind 394 00:20:03,480 --> 00:20:05,959 Speaker 4: of set the stage at the stage for the day 395 00:20:06,000 --> 00:20:08,359 Speaker 4: and we went through and what's what was really interesting 396 00:20:08,400 --> 00:20:10,720 Speaker 4: about it was he said I can't recall one hundred 397 00:20:10,720 --> 00:20:14,040 Speaker 4: and seventy four times, sort of simultaneously as declaring he 398 00:20:14,119 --> 00:20:16,400 Speaker 4: was the science. He didn't like to be challenged, and. 399 00:20:16,440 --> 00:20:19,080 Speaker 2: Those wow, like what kind of things could he not recall? 400 00:20:19,119 --> 00:20:22,399 Speaker 2: What was he what kind of questions was he dodging? 401 00:20:23,240 --> 00:20:25,960 Speaker 4: So we initially started with where did this virus come from? 402 00:20:26,440 --> 00:20:29,000 Speaker 4: And you know, he was very adamant that it couldn't 403 00:20:29,000 --> 00:20:31,960 Speaker 4: have come from the Wuhan lab. Right because he kind 404 00:20:31,960 --> 00:20:35,520 Speaker 4: of funded the Eco Health Alliance to fund the Wuhan Lab. 405 00:20:35,560 --> 00:20:37,080 Speaker 4: He knew it would come back to him. He's very 406 00:20:37,119 --> 00:20:39,520 Speaker 4: interested in making sure people didn't think that. And then 407 00:20:39,520 --> 00:20:41,600 Speaker 4: when he was confronted with statements about I said, well, no, 408 00:20:41,720 --> 00:20:44,440 Speaker 4: it's a plausible theory. I suppose he was kind of vast, 409 00:20:44,560 --> 00:20:48,480 Speaker 4: like I don't remember saying that he discredited to anybody 410 00:20:48,480 --> 00:20:50,960 Speaker 4: that challenged him on whether it was the Lablak theory 411 00:20:51,040 --> 00:20:52,879 Speaker 4: or masks. We presented him with an email when we 412 00:20:52,920 --> 00:20:55,840 Speaker 4: asked him if mass were effective, and of course he said, yes, 413 00:20:55,920 --> 00:20:57,600 Speaker 4: of course they're effective. And we present him with an 414 00:20:57,640 --> 00:21:00,280 Speaker 4: email early in twenty twenty where friend asked, Hey, I 415 00:21:00,480 --> 00:21:02,399 Speaker 4: was on this flight. You know, do you think I 416 00:21:02,440 --> 00:21:04,000 Speaker 4: should wear a mask? He said no, no, no, mass 417 00:21:04,040 --> 00:21:05,879 Speaker 4: are an effective for this. He was just caught in 418 00:21:06,000 --> 00:21:09,800 Speaker 4: inconsistency after inconsistency, I think probably the most telling thing. Honestly, 419 00:21:10,119 --> 00:21:12,480 Speaker 4: we came back from a lunch break and the court 420 00:21:12,480 --> 00:21:15,640 Speaker 4: reporter sneezed and he turned to the court reporter this 421 00:21:15,680 --> 00:21:18,440 Speaker 4: is in November twenty twenty two, not April of twenty twenty, 422 00:21:18,680 --> 00:21:20,600 Speaker 4: and demanded that she put a mask on. This was 423 00:21:20,640 --> 00:21:22,399 Speaker 4: the guy in charge of our public health. 424 00:21:22,400 --> 00:21:23,080 Speaker 3: Are you kidding? 425 00:21:24,000 --> 00:21:26,719 Speaker 4: It's totally insane. And so I think that those are 426 00:21:26,760 --> 00:21:28,560 Speaker 4: the kind of insights that I think people will get 427 00:21:28,560 --> 00:21:31,240 Speaker 4: from the last line of defense. It's just fascinating but 428 00:21:31,359 --> 00:21:33,200 Speaker 4: terrifying at the same time. 429 00:21:33,280 --> 00:21:37,439 Speaker 2: So well, and I will say this podcast when COVID, 430 00:21:37,440 --> 00:21:40,800 Speaker 2: when the pandemic began in twenty twenty, This podcast in 431 00:21:40,840 --> 00:21:44,119 Speaker 2: March and April of twenty twenty was laying out chapter 432 00:21:44,240 --> 00:21:46,480 Speaker 2: and verse the evidence that was clear even then that 433 00:21:46,520 --> 00:21:50,399 Speaker 2: the COVID virus originated in a Chinese government lab, I 434 00:21:50,480 --> 00:21:53,240 Speaker 2: think likely the Wuhan Institute for Virology. We laid out 435 00:21:53,280 --> 00:21:56,840 Speaker 2: the facts and while it was being censored virtually everywhere else. 436 00:21:57,200 --> 00:22:01,040 Speaker 2: Verdict listeners had those facts right at the beginning. Now, 437 00:22:01,440 --> 00:22:06,560 Speaker 2: your most significant case was was challenging internet censorship and 438 00:22:06,600 --> 00:22:09,199 Speaker 2: big tech censorship. Tell us about that case, tell us 439 00:22:09,240 --> 00:22:11,320 Speaker 2: the facts you found, and tell us what happened. 440 00:22:12,119 --> 00:22:14,119 Speaker 4: Yeah, and I actually say too that one of the 441 00:22:14,160 --> 00:22:16,560 Speaker 4: things that we note in the book, we suit the 442 00:22:16,880 --> 00:22:21,320 Speaker 4: communist China for unleashing the COVID pandemic on the world 443 00:22:21,440 --> 00:22:23,560 Speaker 4: through that Wuhan lab and Missouri has a twenty four 444 00:22:23,600 --> 00:22:26,000 Speaker 4: billion dollar judgment. Now, so that's just as an aside, 445 00:22:26,080 --> 00:22:29,359 Speaker 4: that's also in the book. Wow, Yes, the Missouri versus 446 00:22:29,359 --> 00:22:30,240 Speaker 4: Biden lawsuit. 447 00:22:30,560 --> 00:22:33,000 Speaker 2: You know, Eric got I for one, I'm looking forward 448 00:22:33,000 --> 00:22:34,600 Speaker 2: to when you own the Great Wall of China. 449 00:22:34,760 --> 00:22:36,119 Speaker 3: I think it's going to be a nice wall. 450 00:22:36,200 --> 00:22:39,480 Speaker 2: And you know, folks from Missouri a little redneck, so 451 00:22:39,480 --> 00:22:41,000 Speaker 2: I'm not sure what you're gonna paint on the Great 452 00:22:41,040 --> 00:22:41,639 Speaker 2: Wall of China. 453 00:22:41,720 --> 00:22:43,640 Speaker 1: But pay over there, no problem, right. 454 00:22:44,160 --> 00:22:46,280 Speaker 4: Well, we'll have to move that over to separate Missouri 455 00:22:46,280 --> 00:22:49,160 Speaker 4: from Kansas. Roger Marshall will be very disappointed. I'm sure 456 00:22:49,440 --> 00:22:51,679 Speaker 4: we sees it. 457 00:22:52,359 --> 00:22:55,239 Speaker 2: But by the way, bet Ben is from Memphis, so 458 00:22:55,280 --> 00:22:57,960 Speaker 2: it's not hard for a Memphis guy to talk crap 459 00:22:58,000 --> 00:23:00,360 Speaker 2: about Missouri, but feel free to pop back a card 460 00:23:00,400 --> 00:23:01,359 Speaker 2: at him. 461 00:23:02,480 --> 00:23:06,320 Speaker 4: But yeah, listen Jen Psaki saying we're flagging stuff for Facebook. 462 00:23:06,359 --> 00:23:08,840 Speaker 4: They started this disinformation government's board. We had a hunch, 463 00:23:09,000 --> 00:23:12,960 Speaker 4: we filed the lawsuit. We got discovery first in that lawsuit, 464 00:23:13,000 --> 00:23:15,720 Speaker 4: and again what we found was just shocking. These secret 465 00:23:15,720 --> 00:23:19,680 Speaker 4: portals between high ringing government officials and big tech giants. 466 00:23:19,960 --> 00:23:24,080 Speaker 4: Take this down. The CDC was telling them words and phrases. Specifically, 467 00:23:24,320 --> 00:23:26,640 Speaker 4: we took the depo of Elvis Chan, the FBI guy 468 00:23:26,680 --> 00:23:29,480 Speaker 4: who again was pre bunking the Hunter Biden laptop story. 469 00:23:29,640 --> 00:23:31,679 Speaker 4: They knew it was real in twenty nineteen, and in 470 00:23:31,680 --> 00:23:34,760 Speaker 4: twenty twenty they're telling them, hey, censor this because it's 471 00:23:34,800 --> 00:23:37,200 Speaker 4: not real. And that was verified by Yul Roth who 472 00:23:37,240 --> 00:23:40,080 Speaker 4: worked at Twitter. There's just reams and reams of document. 473 00:23:40,240 --> 00:23:42,520 Speaker 3: So the FBI was lying and they knew they were lying. 474 00:23:43,320 --> 00:23:45,119 Speaker 4: They absolutely knew they were lying, and it was the 475 00:23:45,160 --> 00:23:47,639 Speaker 4: first time anybody had them under oath to prove it. 476 00:23:47,760 --> 00:23:50,679 Speaker 4: And so this was a ted This was a levias 477 00:23:50,760 --> 00:23:53,840 Speaker 4: and of government agencies aimed at the American people, meant 478 00:23:53,920 --> 00:23:57,119 Speaker 4: to censor conservatives who questioned mass or efficacy of that 479 00:23:57,280 --> 00:24:00,879 Speaker 4: scenes or the twenty twenty election, or the Biden laptop. 480 00:24:01,040 --> 00:24:02,800 Speaker 4: We got to make sure that never happens again. So 481 00:24:02,880 --> 00:24:05,879 Speaker 4: this book, I mean alliance share Honestly, the middle chapters 482 00:24:05,920 --> 00:24:10,200 Speaker 4: are really dedicated to protecting free speech, exposing the censorship 483 00:24:10,240 --> 00:24:13,280 Speaker 4: regime that existed, and I'm proud to have stood up 484 00:24:13,320 --> 00:24:15,040 Speaker 4: for that, and we had some big wins along the way. 485 00:24:15,040 --> 00:24:17,040 Speaker 4: But this is the last line of defense, how to 486 00:24:17,080 --> 00:24:18,720 Speaker 4: beat the Left and court. You can order it now. 487 00:24:18,880 --> 00:24:21,720 Speaker 4: Is really a playbook, and it's war stories, yes, but 488 00:24:21,760 --> 00:24:23,240 Speaker 4: it's a playbook for the future too. 489 00:24:23,800 --> 00:24:26,680 Speaker 2: All Right, talk to us about DEI and ESG, because 490 00:24:26,720 --> 00:24:30,760 Speaker 2: you also as AG and Missouri, we're fighting against both 491 00:24:30,800 --> 00:24:33,800 Speaker 2: of those and making real difference. Yeah. 492 00:24:34,040 --> 00:24:37,080 Speaker 4: As attorney journal you have subpoena power. And when we 493 00:24:37,160 --> 00:24:40,240 Speaker 4: saw what was happening with ESG and this net zero 494 00:24:40,359 --> 00:24:42,960 Speaker 4: banking alliance, which was really kind of really go after 495 00:24:43,040 --> 00:24:47,159 Speaker 4: credit worthy applicants because they had had a portfolio of 496 00:24:47,200 --> 00:24:51,760 Speaker 4: fossil fuels or whatever these banks wanted, decided that by 497 00:24:51,800 --> 00:24:53,680 Speaker 4: twenty fifty they were going to have a portfolio of 498 00:24:53,720 --> 00:24:56,160 Speaker 4: those carbon neutral Well, the only way you do that, Ted, 499 00:24:56,320 --> 00:25:00,520 Speaker 4: is that you basically start denying credit worthy applicants loans, 500 00:25:00,600 --> 00:25:03,840 Speaker 4: including the family farmer because they have diesel trucks. So 501 00:25:03,960 --> 00:25:05,840 Speaker 4: we opened this up. We had a suspicion this was 502 00:25:05,920 --> 00:25:08,800 Speaker 4: violated anti trust. We opened up this investigation. Ultimately that 503 00:25:08,960 --> 00:25:11,840 Speaker 4: backed away, and again it takes courage to go do that. 504 00:25:12,040 --> 00:25:14,479 Speaker 4: These are some powerful interests, but when you find out 505 00:25:14,520 --> 00:25:16,080 Speaker 4: when you do it, you can be really proud of 506 00:25:16,080 --> 00:25:19,880 Speaker 4: it and you can win same with same with DEI. 507 00:25:20,200 --> 00:25:22,080 Speaker 4: Not only in corporate America, but what we found in 508 00:25:22,119 --> 00:25:25,120 Speaker 4: school districts. So we were taking on obviously the Biden administration, 509 00:25:25,200 --> 00:25:27,840 Speaker 4: the censorship resim at the highest levels of government, but 510 00:25:27,920 --> 00:25:33,359 Speaker 4: also the local school superintendent in Springfield, Missouri. We uncovered documents, 511 00:25:33,359 --> 00:25:34,879 Speaker 4: we had a hunch, we got a tip from a 512 00:25:34,880 --> 00:25:38,840 Speaker 4: whistleblower that they were, you know, spewing this poison our kids, 513 00:25:39,119 --> 00:25:41,959 Speaker 4: teachers and staff. Turns out they were, you know, engaged 514 00:25:42,000 --> 00:25:45,560 Speaker 4: in things like the gender unicorn and the pyramid of 515 00:25:45,560 --> 00:25:49,320 Speaker 4: oppression and all this nonsense to divide the classroom by race. 516 00:25:49,720 --> 00:25:52,159 Speaker 4: Other school districts then chimed in once we started finding 517 00:25:52,160 --> 00:25:54,120 Speaker 4: out this out across mis Or this is the Missouri 518 00:25:54,200 --> 00:25:56,680 Speaker 4: now that kids were being forced to do the privileged walk. 519 00:25:56,720 --> 00:26:00,639 Speaker 4: I mean, this is nuts still, but again, what we 520 00:26:00,760 --> 00:26:03,199 Speaker 4: have to do Ted, You've done this your whole career. 521 00:26:03,320 --> 00:26:04,960 Speaker 4: We have to have the courage to stand up and fight, 522 00:26:05,000 --> 00:26:07,280 Speaker 4: and we can't see the courtroom to that. So this 523 00:26:07,320 --> 00:26:09,520 Speaker 4: book isn't written for lawyers. It's written for people who 524 00:26:09,560 --> 00:26:11,399 Speaker 4: are seeing this and how does this all kind of 525 00:26:11,440 --> 00:26:13,200 Speaker 4: come together and what can we do to push back? 526 00:26:13,640 --> 00:26:15,840 Speaker 2: The court is a major battleground. And I will say 527 00:26:15,880 --> 00:26:17,479 Speaker 2: there are lessons in this book that I think are 528 00:26:17,480 --> 00:26:22,719 Speaker 2: really useful for the Trump doj including at using discovery, 529 00:26:22,800 --> 00:26:25,880 Speaker 2: make the facts public, shine a light, get them under oath, 530 00:26:25,960 --> 00:26:29,520 Speaker 2: hold them accountable, be aggressive, speak the truth, don't be afraid. 531 00:26:30,160 --> 00:26:32,280 Speaker 2: The book is called The Last Line of Defense, How 532 00:26:32,280 --> 00:26:34,160 Speaker 2: to Beat the Left in Court. It's by my friend 533 00:26:34,320 --> 00:26:36,800 Speaker 2: Eric Schmidt, Senator from the great state of Missouri. You 534 00:26:36,800 --> 00:26:38,520 Speaker 2: can get it on Amazon, you can get it anywhere 535 00:26:38,520 --> 00:26:41,199 Speaker 2: books are sold. So go buy The Last Line of Defense. 536 00:26:41,240 --> 00:26:43,200 Speaker 2: And Eric, thanks for joining us here on Verdict. 537 00:26:43,320 --> 00:26:44,479 Speaker 4: Thank you guys, appreciate it. 538 00:26:45,280 --> 00:26:47,479 Speaker 1: One other big story we got to get in here, Senator, 539 00:26:47,680 --> 00:26:51,159 Speaker 1: is Biden's auto pen. We've got a new big update 540 00:26:51,160 --> 00:26:55,959 Speaker 1: on this story and apparently Joe Biden deliberately ignored his 541 00:26:56,200 --> 00:27:02,720 Speaker 1: own Department of Justice's warnings over legally flawed autopen pardons. 542 00:27:03,080 --> 00:27:05,919 Speaker 1: And we also found out about how many pardons they 543 00:27:05,920 --> 00:27:08,720 Speaker 1: were giving out, and they claimed from the White House 544 00:27:08,760 --> 00:27:12,000 Speaker 1: podium that these are all non violent offenders. That was 545 00:27:12,119 --> 00:27:13,480 Speaker 1: also a huge lie. 546 00:27:14,000 --> 00:27:15,919 Speaker 2: Well, that's right, and I will say this is the 547 00:27:15,960 --> 00:27:19,600 Speaker 2: sort of story why we do Verdict as a podcast, 548 00:27:19,600 --> 00:27:21,879 Speaker 2: why we do it as a radio show, because this 549 00:27:22,000 --> 00:27:24,160 Speaker 2: is the kind of story you will never see on CNN. 550 00:27:24,200 --> 00:27:28,040 Speaker 2: You won't see it on an MSNBC or ABCNBCCBS. It 551 00:27:28,080 --> 00:27:30,359 Speaker 2: will not be covered by the corporate media because it 552 00:27:30,400 --> 00:27:34,879 Speaker 2: is inconvenient. We have talked about at length the problems 553 00:27:34,920 --> 00:27:37,439 Speaker 2: with Joe Biden's autopen that the president does not have 554 00:27:37,520 --> 00:27:41,680 Speaker 2: the authority to delegate presidential power to another staff member. 555 00:27:42,200 --> 00:27:44,919 Speaker 2: And when it comes to an autopen, the critical question 556 00:27:45,000 --> 00:27:47,560 Speaker 2: whether a statute sign in law by an autopen, an 557 00:27:47,560 --> 00:27:50,400 Speaker 2: executive order signed by an autopen, or a pardoner commutation 558 00:27:50,520 --> 00:27:53,080 Speaker 2: signed by an autopen, the critical question for whether it 559 00:27:53,160 --> 00:27:57,160 Speaker 2: is legally valid is whether the President personally and directly 560 00:27:57,240 --> 00:27:59,920 Speaker 2: authorized it, whether the president made the decision. If it's 561 00:28:00,000 --> 00:28:02,359 Speaker 2: the staffer made the decision it is not valid and 562 00:28:02,400 --> 00:28:06,960 Speaker 2: its legally void. Well, what broke it is recently is 563 00:28:07,080 --> 00:28:09,879 Speaker 2: this week, is that at the time that Joe Biden 564 00:28:09,960 --> 00:28:12,160 Speaker 2: was using the autopen, or rather the White House staffers 565 00:28:12,160 --> 00:28:15,879 Speaker 2: were using the autopen, a senior career staffer in the 566 00:28:15,920 --> 00:28:19,800 Speaker 2: Biden Department of Justice was raising real legal questions about it. 567 00:28:20,280 --> 00:28:24,240 Speaker 2: Here's the story on Fox News headline, Biden's autopen pardons 568 00:28:24,280 --> 00:28:27,639 Speaker 2: disturbed DOJ brass doc show raising questions whether they are 569 00:28:27,720 --> 00:28:31,640 Speaker 2: legally binding. New documents and communications between Biden White House 570 00:28:31,640 --> 00:28:34,640 Speaker 2: staff and career officials at the Justice Department prompted scrutiny 571 00:28:34,640 --> 00:28:38,480 Speaker 2: of the legality of former President Joe Biden's thousands of 572 00:28:38,560 --> 00:28:43,600 Speaker 2: last minute pardons. The Oversight Project shared documents obtained from 573 00:28:43,640 --> 00:28:47,040 Speaker 2: the Trump DOJ with Fox News Digital showing that a 574 00:28:47,080 --> 00:28:52,280 Speaker 2: career prosecutor warned Biden's inner circle that the administration's pardon 575 00:28:52,360 --> 00:28:59,360 Speaker 2: process was unorthodox and legally troubling. In the most scrutinized email. Then, 576 00:28:59,720 --> 00:29:05,200 Speaker 2: a distant Deputy Attorney General, Bradley Weinsheimer, wrote a group 577 00:29:05,240 --> 00:29:09,000 Speaker 2: email to several Executive Office staff members on January eighteenth, 578 00:29:09,560 --> 00:29:14,200 Speaker 2: asking questions about the more than two thy five hundred pardons. Quote, 579 00:29:14,280 --> 00:29:17,800 Speaker 2: the White House has described those who received commutations as 580 00:29:17,840 --> 00:29:22,400 Speaker 2: people convicted of nonviolent drug offenses. I think you should 581 00:29:22,440 --> 00:29:28,800 Speaker 2: stop saying that because it is untrue or at least misleading. 582 00:29:28,880 --> 00:29:31,320 Speaker 2: That's what DOJ said to the Biden White House. Mind you, 583 00:29:31,360 --> 00:29:33,880 Speaker 2: they didn't stop it. They continued to be untrue and misleading. 584 00:29:34,200 --> 00:29:38,560 Speaker 2: He continued. Quote, as you know, even with the exceedingly 585 00:29:38,560 --> 00:29:41,000 Speaker 2: limited review we were permitted to do, of the individuals 586 00:29:41,080 --> 00:29:45,000 Speaker 2: we believed you might be considering for commutation action, we 587 00:29:45,120 --> 00:29:49,840 Speaker 2: initially identified nineteen that were highly problematic, he continued. He 588 00:29:49,960 --> 00:29:54,960 Speaker 2: cited convicts Terence Richardson and Faron Claiborne, who were included 589 00:29:54,960 --> 00:29:58,280 Speaker 2: in the clemency grants, and noted that the DOJ received 590 00:29:58,360 --> 00:30:02,480 Speaker 2: voluminous objections from the victims, families and law enforcement, as 591 00:30:02,520 --> 00:30:07,320 Speaker 2: the men had been sentenced to life imprisonment for drug 592 00:30:07,360 --> 00:30:12,040 Speaker 2: trafficking offenses during which a police officer was killed. Mind you, 593 00:30:12,080 --> 00:30:13,600 Speaker 2: this is what the Biden White House said was a 594 00:30:13,640 --> 00:30:18,280 Speaker 2: nonviolent offense drug trafficking where a police officer was killed. 595 00:30:18,880 --> 00:30:25,480 Speaker 2: And beyond that, according to Oversight Project Vice president Kyle Brosnan, 596 00:30:25,600 --> 00:30:29,200 Speaker 2: shows that DOJ was concerned about the quote vague construct 597 00:30:29,840 --> 00:30:32,560 Speaker 2: of Biden's pardons and how they appeared to be quote 598 00:30:32,600 --> 00:30:37,440 Speaker 2: illegally delegated to staffed that left the DOJ wondering at 599 00:30:37,480 --> 00:30:42,240 Speaker 2: times which offenses for people with multiple convictions were specifically 600 00:30:42,280 --> 00:30:46,880 Speaker 2: being expunged. Later in the email, he was like, quote, look, 601 00:30:47,440 --> 00:30:49,360 Speaker 2: I read the statement you put out in the president's 602 00:30:49,440 --> 00:30:52,040 Speaker 2: name saying you've released a bunch of nonviolent drug offenders. 603 00:30:52,040 --> 00:30:55,640 Speaker 2: You've got murderers on your list today. So I'm trying 604 00:30:55,640 --> 00:30:58,600 Speaker 2: to figure out what the president wants here for this 605 00:30:58,760 --> 00:30:59,960 Speaker 2: funky warrant. 606 00:31:00,440 --> 00:31:03,920 Speaker 1: That is incredible, isn't it. I mean funky warrant. And 607 00:31:03,960 --> 00:31:07,120 Speaker 1: that's coming again from his own DOJ saying we don't 608 00:31:07,160 --> 00:31:08,640 Speaker 1: know what he wants. We don't know what he's doing. 609 00:31:08,640 --> 00:31:09,640 Speaker 1: It doesn't make sense. 610 00:31:10,320 --> 00:31:12,040 Speaker 3: Yeah, this is the Biden DOJ. 611 00:31:12,600 --> 00:31:15,360 Speaker 2: Weinsheimer continued, quote, I think it is best that we 612 00:31:15,400 --> 00:31:17,640 Speaker 2: receive a statement or direction from the President as to 613 00:31:17,720 --> 00:31:20,040 Speaker 2: the meaning of the warrant language that will allow us 614 00:31:20,040 --> 00:31:22,719 Speaker 2: to give full effect to the commutation warrant in the 615 00:31:22,800 --> 00:31:25,920 Speaker 2: manner intended by the President. And there was ultimately no 616 00:31:26,480 --> 00:31:30,800 Speaker 2: explanation for what the offenses or the proverbial descriptions were 617 00:31:30,840 --> 00:31:36,720 Speaker 2: according to the document tranch, and instead there was simply 618 00:31:36,760 --> 00:31:40,080 Speaker 2: a spreadsheet of convicts attached to one of the emails 619 00:31:40,680 --> 00:31:44,880 Speaker 2: that came from the US Sentencing Commission. But only the 620 00:31:44,920 --> 00:31:48,200 Speaker 2: president has the power to grant pardons, not the Sentencing Commission. 621 00:31:48,240 --> 00:31:52,760 Speaker 2: Treating it otherwise would be an illegal delegation of presidential authority. 622 00:31:53,200 --> 00:31:55,840 Speaker 1: When you look at this, what does this mean moving 623 00:31:55,880 --> 00:31:59,880 Speaker 1: forward for the investigation into the president's used the art 624 00:32:00,440 --> 00:32:03,920 Speaker 1: and many things he may have signed that he didn't 625 00:32:03,920 --> 00:32:06,720 Speaker 1: know about. Right, This was just anybody at the White 626 00:32:06,720 --> 00:32:08,719 Speaker 1: House pretty much that had any type of power can 627 00:32:08,800 --> 00:32:11,080 Speaker 1: just walk in there and get things done. And what 628 00:32:11,120 --> 00:32:14,200 Speaker 1: does this mean for all of the they claimed non 629 00:32:14,880 --> 00:32:18,280 Speaker 1: violent offenders that they were pardoning. We've also found out 630 00:32:18,320 --> 00:32:19,880 Speaker 1: a bunch of them, well, that was a very violent. 631 00:32:19,920 --> 00:32:21,200 Speaker 1: It was a lie. 632 00:32:21,400 --> 00:32:22,880 Speaker 2: It was a lie. They knew it was a lie. 633 00:32:23,200 --> 00:32:25,400 Speaker 2: Their own Department of Justice told them it was a lie. 634 00:32:25,400 --> 00:32:27,440 Speaker 2: They didn't care it was a lie. They continued lying 635 00:32:27,440 --> 00:32:29,640 Speaker 2: to the American people. They knew that the New York 636 00:32:29,640 --> 00:32:31,400 Speaker 2: Times would never call them out. They knew that the 637 00:32:31,440 --> 00:32:33,480 Speaker 2: corrupt media would never call them out. So they could 638 00:32:33,520 --> 00:32:36,480 Speaker 2: lie and lie and lie and know that nobody would 639 00:32:36,520 --> 00:32:41,080 Speaker 2: know about it, and as a legal matter, the Brasnan 640 00:32:41,160 --> 00:32:44,520 Speaker 2: from the Oversight Project said, quote Biden did not pardon 641 00:32:44,560 --> 00:32:47,400 Speaker 2: individual people, but laid out categories of types of people 642 00:32:47,440 --> 00:32:49,440 Speaker 2: to release and left it to staff to figure out 643 00:32:49,440 --> 00:32:53,840 Speaker 2: who meets that criteria. Attorney Sam Dewey told Fox News 644 00:32:53,880 --> 00:33:00,240 Speaker 2: Digital that quote, literally, no one, including DOJ officials, understand 645 00:33:00,760 --> 00:33:05,480 Speaker 2: what the aforementioned pardon criteria are. And he continued, quote, 646 00:33:05,600 --> 00:33:09,440 Speaker 2: you generally don't see people write emails like this. This 647 00:33:09,560 --> 00:33:12,920 Speaker 2: isn't a CYA. This is I'm going to do a 648 00:33:12,960 --> 00:33:16,400 Speaker 2: conscious pilot routine because this is a drug deal and 649 00:33:16,440 --> 00:33:19,120 Speaker 2: I want to make sure it doesn't come back on me. 650 00:33:20,120 --> 00:33:25,720 Speaker 2: And the consequence of that it is that the pardons, 651 00:33:25,840 --> 00:33:28,200 Speaker 2: if they were not authorized by the President of the 652 00:33:28,320 --> 00:33:31,760 Speaker 2: United States, they are invalid. And so what I have 653 00:33:31,840 --> 00:33:33,800 Speaker 2: verged the White House to do, what I've verged the 654 00:33:33,840 --> 00:33:36,320 Speaker 2: Department of Justice to do, is to go through the 655 00:33:36,360 --> 00:33:40,160 Speaker 2: records of everything that was autopenned and determine there may 656 00:33:40,200 --> 00:33:43,800 Speaker 2: be some The President does have the authority to direct 657 00:33:43,840 --> 00:33:47,040 Speaker 2: someone to autopen something that he's signing, whether a law 658 00:33:47,120 --> 00:33:48,920 Speaker 2: or an executive order or pardon, and if it's the 659 00:33:48,920 --> 00:33:52,400 Speaker 2: president who's making the decision. The prevailing the Department of 660 00:33:52,560 --> 00:33:56,400 Speaker 2: Justice interpretation is that is legal in binding. But if 661 00:33:56,400 --> 00:33:59,320 Speaker 2: the president didn't make the decision, if it's a staffer 662 00:33:59,360 --> 00:34:02,640 Speaker 2: who's making the decision, that it has no binding force. 663 00:34:03,200 --> 00:34:05,160 Speaker 2: And so what I've encouraged both the White House and 664 00:34:05,200 --> 00:34:08,399 Speaker 2: Department of Justice is to find those pardons, those executive orders, 665 00:34:08,400 --> 00:34:11,440 Speaker 2: those statutes that were auto penned for which there is 666 00:34:11,480 --> 00:34:15,799 Speaker 2: a clear lack of evidence that Joe Biden had awareness 667 00:34:15,800 --> 00:34:18,920 Speaker 2: of it, made a decision about it, and then formulate 668 00:34:19,040 --> 00:34:22,120 Speaker 2: and carry out a legal strategy to challenge and end 669 00:34:22,200 --> 00:34:27,040 Speaker 2: up concluding that those statutes, executive orders, pardons, and commutations 670 00:34:27,120 --> 00:34:30,640 Speaker 2: are invalid. I think the possibility of a legal determination 671 00:34:30,719 --> 00:34:33,799 Speaker 2: of that is rising significantly. And the fact that you 672 00:34:33,920 --> 00:34:38,760 Speaker 2: had senior career DOJ officials in the Biden administration ringing 673 00:34:38,800 --> 00:34:41,520 Speaker 2: the alarm bells and saying you're lying to the American 674 00:34:41,560 --> 00:34:44,560 Speaker 2: people and what you're doing is lawless, that is yet 675 00:34:44,600 --> 00:34:47,040 Speaker 2: another stunning revelation that has come out this week. 676 00:34:47,320 --> 00:34:48,839 Speaker 1: Yeah, and it's going to be a story that's going 677 00:34:48,880 --> 00:34:51,080 Speaker 1: to keep unfolding, and I can promise you we're going 678 00:34:51,160 --> 00:34:53,040 Speaker 1: to cover for you don't forget. We do the show 679 00:34:53,120 --> 00:34:56,799 Speaker 1: as a podcast Monday, Wednesday and Friday, so make sure 680 00:34:56,800 --> 00:35:00,560 Speaker 1: you have that subscriber auto download button wherever you get 681 00:35:00,600 --> 00:35:04,560 Speaker 1: your podcasts. Also, you can say hey Siri, Hey Alexa, 682 00:35:04,760 --> 00:35:06,799 Speaker 1: play Verdict with Ted Cruz and it will do it 683 00:35:06,840 --> 00:35:09,200 Speaker 1: for you and the Center and I will see you 684 00:35:09,239 --> 00:35:11,720 Speaker 1: back here on this station next week