1 00:00:01,160 --> 00:00:01,560 Speaker 1: Welcome. 2 00:00:01,639 --> 00:00:04,440 Speaker 2: It is Verdict with Center, Ted Cruz, Ben Ferguson with 3 00:00:04,480 --> 00:00:07,800 Speaker 2: you on the Super Tuesday Evening Center. 4 00:00:07,840 --> 00:00:09,879 Speaker 1: It's a fun night for American democracy. 5 00:00:10,240 --> 00:00:12,160 Speaker 3: Well, that's exactly right. A lot is going on. We 6 00:00:12,280 --> 00:00:14,920 Speaker 3: just had Super Tuesday. We had elections all over the country. 7 00:00:15,440 --> 00:00:18,720 Speaker 3: Dominating night for Donald Trump, dominating night for Joe Biden. 8 00:00:19,200 --> 00:00:21,840 Speaker 3: Pretty disappointing night for every other candidate out there. I 9 00:00:21,840 --> 00:00:25,880 Speaker 3: think this race is cooked, but we will analyze it 10 00:00:25,920 --> 00:00:29,160 Speaker 3: in depth as we always do. Beyond that, we've got 11 00:00:29,160 --> 00:00:33,080 Speaker 3: this week the blockbuster decision from the Supreme Court nine 12 00:00:33,280 --> 00:00:37,400 Speaker 3: zero unanimous ruling that Donald Trump will remain on the ballot, 13 00:00:37,440 --> 00:00:39,800 Speaker 3: will remain on the ballot in Colorado. That also means 14 00:00:39,840 --> 00:00:41,839 Speaker 3: he'll remain on the ballot main That also means will 15 00:00:41,840 --> 00:00:44,960 Speaker 3: remain on the ballot in Illinois. That is precisely what 16 00:00:45,000 --> 00:00:48,720 Speaker 3: you and I predicted on Verdict two months ago. Will 17 00:00:48,760 --> 00:00:52,040 Speaker 3: break that down and analyze that decision as well. And finally, 18 00:00:52,640 --> 00:00:55,040 Speaker 3: a big decision out of the d C Circuit Federal 19 00:00:55,040 --> 00:00:59,120 Speaker 3: Court of Appeals. That court ruled unanimously that a number 20 00:00:59,160 --> 00:01:04,360 Speaker 3: of federal districts courts in DC we're improperly enhancing the 21 00:01:04,400 --> 00:01:07,640 Speaker 3: sentences of January sixth defendants that the Biden Department of 22 00:01:07,800 --> 00:01:11,920 Speaker 3: Justice wrongly sought an enhancement of their sentence, a sentence 23 00:01:11,920 --> 00:01:15,160 Speaker 3: that the law didn't require, and so they have effectively 24 00:01:15,280 --> 00:01:19,000 Speaker 3: lowered the sentences of some one hundred defendants. It's a big, 25 00:01:19,560 --> 00:01:22,920 Speaker 3: big story about how the Biden Justice Department continues to 26 00:01:22,959 --> 00:01:27,520 Speaker 3: abuse its power, and how the courts, even judges appointed 27 00:01:27,520 --> 00:01:30,160 Speaker 3: by Democrats, are being forced to rein in their abuse 28 00:01:30,200 --> 00:01:30,600 Speaker 3: of power. 29 00:01:31,600 --> 00:01:33,040 Speaker 1: Big story there, obviously. 30 00:01:33,120 --> 00:01:34,760 Speaker 2: I also want to tell you real quick about our 31 00:01:34,760 --> 00:01:37,679 Speaker 2: friends over at Freedom Gold. If you are worried about 32 00:01:37,680 --> 00:01:40,399 Speaker 2: what's going on in the economy, you're looking at inflation 33 00:01:40,560 --> 00:01:45,160 Speaker 2: that's heavily eroding your purchasing power, putting your savings, your 34 00:01:45,200 --> 00:01:49,200 Speaker 2: retirement accounts, and your future legacy at risk. 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That's 54 00:02:57,280 --> 00:03:01,480 Speaker 2: one eight hundred six five five eight eight four three 55 00:03:01,560 --> 00:03:04,040 Speaker 2: one eight hundred and six y fyty five eight eight 56 00:03:04,080 --> 00:03:09,360 Speaker 2: four three or online it FREEDOMGOLDUSA dot com slash verdict. 57 00:03:09,400 --> 00:03:13,960 Speaker 2: That's freedom Goold USA dot com slash Verdict Center. 58 00:03:14,080 --> 00:03:15,639 Speaker 1: Let's start with Super Tuesday. 59 00:03:15,720 --> 00:03:18,280 Speaker 2: I gotta say I had a really fun day today 60 00:03:18,320 --> 00:03:20,080 Speaker 2: because I got to take my son out of school. 61 00:03:20,120 --> 00:03:22,880 Speaker 2: He's a in first grade. He went to vote for 62 00:03:23,080 --> 00:03:26,919 Speaker 2: with me today. Congratulations, talk about a SmackDown. 63 00:03:27,160 --> 00:03:28,480 Speaker 1: You got over eighty nine. 64 00:03:28,360 --> 00:03:30,440 Speaker 2: Percent of the vote, which is awesome, but if you 65 00:03:30,480 --> 00:03:32,639 Speaker 2: look at the roll numbers, that's the part that was 66 00:03:32,680 --> 00:03:39,560 Speaker 2: the most exciting. One point two eight million votes for you, Senator. 67 00:03:39,600 --> 00:03:42,000 Speaker 2: And then if you look on the Democratic side over 68 00:03:42,040 --> 00:03:46,480 Speaker 2: there already got only three hundred and fifty seven thousand 69 00:03:46,520 --> 00:03:50,320 Speaker 2: as we're recording this right now, a number of votes. 70 00:03:50,440 --> 00:03:52,600 Speaker 1: That's a huge difference. That's got to feel good. 71 00:03:52,800 --> 00:03:54,680 Speaker 3: Well, it was a great night. It was very gratifying. 72 00:03:54,720 --> 00:03:57,320 Speaker 3: I'm glad, glad you brought him in and thank you. 73 00:03:57,720 --> 00:03:58,760 Speaker 1: It was so much fun. 74 00:03:59,200 --> 00:04:02,880 Speaker 2: Let's talk about the overall and Super Tuesday results that happened. 75 00:04:03,840 --> 00:04:07,280 Speaker 2: Nothing really that surprising except for the fact it was 76 00:04:07,480 --> 00:04:12,680 Speaker 2: overwhelming victory for Donald Trump nationwide. This is I think 77 00:04:12,760 --> 00:04:15,360 Speaker 2: clearly connected to the Supreme Court decision. There's a lot 78 00:04:15,360 --> 00:04:17,799 Speaker 2: of really mad Republicans in this country right now. 79 00:04:18,160 --> 00:04:20,920 Speaker 3: Well, look, I think saying it's overwhelming is a bit 80 00:04:20,960 --> 00:04:23,600 Speaker 3: of an overstatement. Yes it's true that Trump won Iowa. 81 00:04:23,680 --> 00:04:25,720 Speaker 3: Yes it's true he won New Hampshire. Yes it's true 82 00:04:25,720 --> 00:04:28,360 Speaker 3: that he won South Carolina. Yes it's true that he 83 00:04:28,400 --> 00:04:31,440 Speaker 3: won Nevada. Yes it's true that he won on Super Tuesday, 84 00:04:31,520 --> 00:04:33,840 Speaker 3: he won Idaho, he won Nevada, he won Colorado, he 85 00:04:33,880 --> 00:04:36,920 Speaker 3: won Texas, he won Oklahoma, he won North Dakota, won Minnesota, 86 00:04:36,920 --> 00:04:40,000 Speaker 3: he won Iowa, he won Missouri, he won Arkansas, he 87 00:04:40,040 --> 00:04:42,520 Speaker 3: won Alabama, he won Tennessee, he won Michigan, he won 88 00:04:42,600 --> 00:04:48,120 Speaker 3: South Carolina, North Carolina, Virginia, he won Vermont, he won Massachusetts, 89 00:04:48,160 --> 00:04:50,680 Speaker 3: and he won Maine. But it's not fair to say 90 00:04:50,680 --> 00:04:56,239 Speaker 3: it's overwhelming. Then, because Nicky Hayley won the district of Columbia. 91 00:04:56,000 --> 00:04:58,719 Speaker 2: That's true, that swamp. She won the swamp. That's a 92 00:04:58,800 --> 00:05:03,920 Speaker 2: valid point. Apologize for insulting Nicki Haley's tough campaign work 93 00:05:03,920 --> 00:05:06,360 Speaker 2: in the district of Columbia with all the swampsters there. 94 00:05:07,120 --> 00:05:11,040 Speaker 3: So, to quote the classic movie Dumb and Dumber, you're saying, 95 00:05:11,120 --> 00:05:11,920 Speaker 3: I got a chance. 96 00:05:12,240 --> 00:05:13,280 Speaker 1: That's right, that's right. 97 00:05:13,320 --> 00:05:15,440 Speaker 2: So so I gotta ask, at this point, if you're 98 00:05:15,480 --> 00:05:18,320 Speaker 2: Nicki Haley and you're on her campaign, and you're the 99 00:05:18,400 --> 00:05:21,560 Speaker 2: never and you're the the never Trumpers, and you've been 100 00:05:21,600 --> 00:05:25,880 Speaker 2: feeding her cash, what's going through your head tonight? And 101 00:05:25,920 --> 00:05:28,600 Speaker 2: at this point does it even matter what she does anymore? 102 00:05:28,839 --> 00:05:33,240 Speaker 3: Well, listen, understand the dynamic of presidential campaigns. Virtually every 103 00:05:33,400 --> 00:05:36,240 Speaker 3: candidate who drops out of a presidential campaign does so 104 00:05:36,360 --> 00:05:39,560 Speaker 3: for the identical reason they go broke. They run out 105 00:05:39,560 --> 00:05:43,360 Speaker 3: of money. When candidates run out of money, they drop out. Now, 106 00:05:43,839 --> 00:05:47,440 Speaker 3: in Nicky's case, she has up until now had donors 107 00:05:47,560 --> 00:05:49,359 Speaker 3: willing to write her checks, and as long as they 108 00:05:49,440 --> 00:05:51,920 Speaker 3: keep writing her checks, she's likely to continue in the race. 109 00:05:52,680 --> 00:05:55,480 Speaker 3: At some point the donors say why are we writing 110 00:05:55,560 --> 00:05:58,039 Speaker 3: checks for a candidate who can't win, And when that happens, 111 00:05:58,600 --> 00:06:01,680 Speaker 3: she'll drop out. Now, Listen, I don't feel the particular 112 00:06:01,720 --> 00:06:03,680 Speaker 3: need to jump on the bandwagon and say you must 113 00:06:03,720 --> 00:06:05,640 Speaker 3: get out, you must get out. I will say this, 114 00:06:05,760 --> 00:06:09,440 Speaker 3: I think it is not productive to have Nikki or 115 00:06:09,440 --> 00:06:13,960 Speaker 3: other Republican candidates just amplifying the attacks on Donald Trump 116 00:06:14,360 --> 00:06:17,880 Speaker 3: that Democrats are using. And the reason is, at this point, 117 00:06:18,400 --> 00:06:20,200 Speaker 3: Donald Trump is going to be our nominee. 118 00:06:20,240 --> 00:06:21,000 Speaker 1: That is clear. 119 00:06:21,040 --> 00:06:24,160 Speaker 3: I think that is indisputable given that, I don't think 120 00:06:24,200 --> 00:06:27,359 Speaker 3: it is helpful to have Republicans being the point of 121 00:06:27,400 --> 00:06:31,239 Speaker 3: the spear on attacking our nominee. Look, I've endorsed Donald Trump. 122 00:06:31,240 --> 00:06:34,640 Speaker 3: I want Donald Trump to win in November. I am 123 00:06:35,080 --> 00:06:38,720 Speaker 3: absolutely convinced that the Biden agenda has been a disaster 124 00:06:38,880 --> 00:06:41,880 Speaker 3: for this country. And so Nicky Haley will decide to 125 00:06:41,880 --> 00:06:43,400 Speaker 3: do what she wants to do, and she'll do it 126 00:06:43,440 --> 00:06:46,520 Speaker 3: on her own timeframe. But I think just being a 127 00:06:46,760 --> 00:06:50,040 Speaker 3: battering ram making the case that Donald Trump is the 128 00:06:50,080 --> 00:06:54,320 Speaker 3: devil is only playing into the hands of Democrats, whose 129 00:06:54,760 --> 00:06:57,960 Speaker 3: only argument in November is going to be Donald Trump 130 00:06:58,080 --> 00:07:01,599 Speaker 3: is the devil, and they'd love to use Republican mouthpieces 131 00:07:01,600 --> 00:07:02,520 Speaker 3: to say that if they can. 132 00:07:03,480 --> 00:07:05,680 Speaker 2: Let's talk about the Supreme Court, and I want to 133 00:07:05,680 --> 00:07:07,440 Speaker 2: talk about the politics of it just for a second. 134 00:07:07,480 --> 00:07:11,120 Speaker 2: The nine O ruling that came down this week predicted 135 00:07:11,400 --> 00:07:15,120 Speaker 2: on the show literally months ago. You look at that, 136 00:07:15,360 --> 00:07:17,040 Speaker 2: how much of an impact do you think that had 137 00:07:17,080 --> 00:07:19,800 Speaker 2: on voters today wanting to show up and send a 138 00:07:19,800 --> 00:07:23,240 Speaker 2: clear message that we're standing behind Donald Trump and other 139 00:07:23,280 --> 00:07:24,200 Speaker 2: candidates like him. 140 00:07:24,600 --> 00:07:27,720 Speaker 3: Well, I don't think the Supreme Court decision keeping Trump 141 00:07:27,800 --> 00:07:31,840 Speaker 3: on the ballot impacted the results tonight. Look, I think 142 00:07:31,840 --> 00:07:35,280 Speaker 3: Trump was going to win i As you'll recall, I 143 00:07:35,360 --> 00:07:37,640 Speaker 3: endorsed Trump right after Iowa, right after he had a 144 00:07:37,680 --> 00:07:39,920 Speaker 3: dominating night in which he won ninety eight of the 145 00:07:40,000 --> 00:07:43,320 Speaker 3: ninety nine counties. He won by twenty points. It was 146 00:07:43,400 --> 00:07:46,040 Speaker 3: clear then that he was going to be the nominee. Now, 147 00:07:46,560 --> 00:07:48,720 Speaker 3: I do think the Supreme Court decision we ought to 148 00:07:48,720 --> 00:07:52,840 Speaker 3: pause and talk about it. Because as soon as the 149 00:07:52,880 --> 00:07:56,480 Speaker 3: Colorado Supreme Court made its decision, a divided four to 150 00:07:56,480 --> 00:08:02,720 Speaker 3: three decision where four partisan Democrat justices ordered Trump thrown 151 00:08:02,760 --> 00:08:05,520 Speaker 3: off the ballot, You and I went on this podcast 152 00:08:05,600 --> 00:08:09,760 Speaker 3: immediately thereafter, and we said we said that day, we 153 00:08:09,880 --> 00:08:13,200 Speaker 3: said this is not going to stand. This decision will 154 00:08:13,200 --> 00:08:16,400 Speaker 3: be reversed. And indeed, I said, the chances of it 155 00:08:16,440 --> 00:08:20,200 Speaker 3: being reversed, I believe are one hundred percent. Now, look, 156 00:08:20,240 --> 00:08:22,600 Speaker 3: that's always dangerous to make a prediction where you're predicting 157 00:08:22,640 --> 00:08:25,920 Speaker 3: one hundred percent. Sure, But but we went further because 158 00:08:25,920 --> 00:08:27,640 Speaker 3: I said, not only is it one hundred percent that 159 00:08:27,680 --> 00:08:30,360 Speaker 3: will be reversed, I said at the time, literally the 160 00:08:30,440 --> 00:08:32,920 Speaker 3: day after the decision, I said, I think there's a 161 00:08:33,160 --> 00:08:37,120 Speaker 3: very good chance the decision is unanimous. Now, at the time, 162 00:08:37,160 --> 00:08:39,160 Speaker 3: there were not many people saying that. There were lots 163 00:08:39,200 --> 00:08:42,240 Speaker 3: of commentators on TV saying, well, they may reverse it 164 00:08:42,280 --> 00:08:45,480 Speaker 3: be partisan, it will be divide among party lines. Well 165 00:08:45,800 --> 00:08:49,400 Speaker 3: that that was not the case. What is most significant 166 00:08:49,440 --> 00:08:52,080 Speaker 3: about Monday's decision is that it was nine to zero, 167 00:08:52,320 --> 00:08:54,319 Speaker 3: nine to zero is interesting. It was not a signed opinion. 168 00:08:54,400 --> 00:08:59,680 Speaker 3: It was a percurem. Percuring opinions are done. It does 169 00:08:59,720 --> 00:09:03,920 Speaker 3: not have any particular justice who has authorship of the opinion. 170 00:09:04,000 --> 00:09:06,880 Speaker 3: My strong suspicion is the opinion was authored by Chief 171 00:09:07,040 --> 00:09:09,760 Speaker 3: Justice Roberts, but he didn't put his name on it. 172 00:09:09,760 --> 00:09:12,800 Speaker 3: He made it a procureum, and percurium is can be 173 00:09:12,880 --> 00:09:16,600 Speaker 3: a tool to emphasize that this is the opinion of 174 00:09:16,679 --> 00:09:20,840 Speaker 3: the entire court and it is critically important. Look, we 175 00:09:20,960 --> 00:09:24,280 Speaker 3: have some very liberal justices. We have Elena Kagan, we 176 00:09:24,320 --> 00:09:28,840 Speaker 3: have Sonya Sotomayor, we have Katanji Brown Jackson, and all 177 00:09:28,920 --> 00:09:32,680 Speaker 3: of them agreed with the outcome that the Colorado Supreme 178 00:09:32,679 --> 00:09:36,640 Speaker 3: Court decision was wrong and that Donald Trump should stay 179 00:09:36,640 --> 00:09:39,280 Speaker 3: on the ballot. That is a big, big deal, and 180 00:09:39,320 --> 00:09:42,800 Speaker 3: I am so grateful as I sit here tonight, I 181 00:09:42,840 --> 00:09:45,600 Speaker 3: am grateful it was nine zero. If we had woken up, 182 00:09:45,640 --> 00:09:48,560 Speaker 3: if we had turned on the TV or picked up 183 00:09:48,559 --> 00:09:50,720 Speaker 3: our phones and looked and saw that it was a 184 00:09:50,840 --> 00:09:53,400 Speaker 3: six to three decision, it was just straight party lines, 185 00:09:53,400 --> 00:09:56,440 Speaker 3: and the three Democrat appointees were like, no, no, no, 186 00:09:56,840 --> 00:09:59,600 Speaker 3: you must throw Trump off the ballot. He's an insurrectionist. 187 00:10:00,240 --> 00:10:02,000 Speaker 3: The result would have been the same, Trump would have 188 00:10:02,000 --> 00:10:03,960 Speaker 3: stayed on the ballot. But I think that would have 189 00:10:03,960 --> 00:10:07,439 Speaker 3: been a terrible outcome for the country, and I think 190 00:10:07,440 --> 00:10:09,679 Speaker 3: it would have been a terrible outcome for the Court. Look, 191 00:10:10,280 --> 00:10:13,160 Speaker 3: just about every major institution in our country, its credibility 192 00:10:13,160 --> 00:10:16,040 Speaker 3: has been undermined in recent years. People have less faith 193 00:10:16,080 --> 00:10:18,679 Speaker 3: in the institutions of our country, and I understand why 194 00:10:18,720 --> 00:10:21,679 Speaker 3: we've seen a lot of our institutions really corrupted, and 195 00:10:21,720 --> 00:10:24,240 Speaker 3: you and I talk about that a lot on this podcast. 196 00:10:24,920 --> 00:10:27,360 Speaker 3: But for the Court, I think it's important for the 197 00:10:27,440 --> 00:10:30,640 Speaker 3: long term rule of law in our nation. I think 198 00:10:30,640 --> 00:10:33,600 Speaker 3: it's important for the protection of our constitutional liberties for 199 00:10:33,640 --> 00:10:37,280 Speaker 3: the Court to have some monicum of credibility. And so 200 00:10:37,440 --> 00:10:41,000 Speaker 3: I am grateful for the Democrat appointees for doing the 201 00:10:41,080 --> 00:10:43,640 Speaker 3: right thing, the right thing under the law. But it 202 00:10:43,679 --> 00:10:45,320 Speaker 3: was important for the Court, and I think it is 203 00:10:45,360 --> 00:10:49,640 Speaker 3: important for the country. I think the statement that the 204 00:10:49,800 --> 00:10:53,120 Speaker 3: unanimity makes. Look, there have been big decisions if you 205 00:10:53,160 --> 00:10:56,240 Speaker 3: look back to nineteen fifty four. Nineteen fifty four was 206 00:10:56,280 --> 00:10:59,040 Speaker 3: when the Supreme Court decided Brown versus Board of Education 207 00:10:59,080 --> 00:11:02,840 Speaker 3: of Topeak A, Kansas. That is the decision that desegregated 208 00:11:02,880 --> 00:11:06,920 Speaker 3: our public schools. Prior to Brown, the rule of law 209 00:11:07,000 --> 00:11:09,319 Speaker 3: had been the rule that was articulated in case called 210 00:11:09,360 --> 00:11:12,640 Speaker 3: Plessy versus Ferguson. Plessy versus Ferguson laid out a doctrine 211 00:11:12,679 --> 00:11:15,760 Speaker 3: that was called separate but equal, and Plessy upheld the 212 00:11:15,800 --> 00:11:18,400 Speaker 3: notion that it was okay for public schools to be 213 00:11:19,160 --> 00:11:23,319 Speaker 3: segregated by law, to explicitly have classrooms that were white 214 00:11:23,320 --> 00:11:25,640 Speaker 3: only and have classrooms that were black only, and they 215 00:11:25,679 --> 00:11:28,480 Speaker 3: claimed the law allowed that that they were in The 216 00:11:28,480 --> 00:11:31,640 Speaker 3: phrase they used was separate but equal, and they claimed 217 00:11:31,640 --> 00:11:34,120 Speaker 3: that was consistent with the equal protection clause of the 218 00:11:34,160 --> 00:11:37,640 Speaker 3: fourteenth Amendment of the Constitution. In Brown versus Board of Education, 219 00:11:37,720 --> 00:11:41,679 Speaker 3: the Supreme Court reversed Plessy and ordered that our schools 220 00:11:41,720 --> 00:11:44,800 Speaker 3: be desegregated, that the law could not treat the races 221 00:11:44,920 --> 00:11:48,480 Speaker 3: differently based on race. That was unequivocally the right. 222 00:11:48,520 --> 00:11:48,880 Speaker 4: Decision. 223 00:11:48,960 --> 00:11:51,600 Speaker 3: Brown versus Board of Education is one of the most important, 224 00:11:51,600 --> 00:11:54,280 Speaker 3: if not the most important, decision the Supreme Court has 225 00:11:54,320 --> 00:11:58,560 Speaker 3: ever issued, and Brown critically was unanimous as well. The 226 00:11:58,760 --> 00:12:03,480 Speaker 3: justices understood that that ordering schools to desegregate schools that 227 00:12:03,520 --> 00:12:06,480 Speaker 3: had been segregated for a long, long time schools that 228 00:12:06,559 --> 00:12:09,280 Speaker 3: had a long history of racial animus, that that was 229 00:12:09,320 --> 00:12:11,720 Speaker 3: going to be a controversial decision, and the court wanted 230 00:12:11,760 --> 00:12:15,160 Speaker 3: to speak with one unanimous voice. I am grateful that 231 00:12:15,320 --> 00:12:19,400 Speaker 3: here the Court likewise spoke with one unanimous voice. And 232 00:12:19,440 --> 00:12:23,320 Speaker 3: this decision, in my view, says democracy is paramount. That 233 00:12:23,360 --> 00:12:27,080 Speaker 3: it is the voters who decide that it is not partisans, 234 00:12:27,120 --> 00:12:30,600 Speaker 3: whether that be partisan judges as we had in Colorado 235 00:12:31,120 --> 00:12:34,199 Speaker 3: or partisan officials as we had in Maine or Illinois. 236 00:12:34,240 --> 00:12:37,000 Speaker 3: It is not partisans of either party that should be 237 00:12:37,040 --> 00:12:40,240 Speaker 3: in the business of saying I don't want the voters 238 00:12:40,240 --> 00:12:42,880 Speaker 3: to vote for their choice. I want to throw my 239 00:12:42,920 --> 00:12:47,080 Speaker 3: opponent off the ballot. Why not because they did something wrong. 240 00:12:47,120 --> 00:12:50,559 Speaker 3: And by the way, there are lots of ballot litigation 241 00:12:50,760 --> 00:12:53,560 Speaker 3: where say, you've got to have fifty thousand signatures and 242 00:12:53,600 --> 00:12:55,600 Speaker 3: someone fails to get fifty thousand signatures and then they 243 00:12:55,640 --> 00:12:58,119 Speaker 3: get thrown off the ballot because that's pursuit to the 244 00:12:58,160 --> 00:13:00,559 Speaker 3: requirements of law that you've got to do whatever it 245 00:13:00,640 --> 00:13:02,800 Speaker 3: takes to qualify for the ballot. But that's not what 246 00:13:02,840 --> 00:13:06,120 Speaker 3: was going on in these decisions. In these decisions, it 247 00:13:06,160 --> 00:13:11,120 Speaker 3: was not any objective requirement of the law. It was 248 00:13:11,160 --> 00:13:15,360 Speaker 3: simply these partisans hated Donald Trump, and fundamentally, I think 249 00:13:15,400 --> 00:13:18,040 Speaker 3: they were afraid the voters, if given the chance, would 250 00:13:18,120 --> 00:13:20,959 Speaker 3: vote for them. I think that's right, and I'm glad 251 00:13:21,040 --> 00:13:22,960 Speaker 3: the Supreme Court said, you know what, the voters are 252 00:13:23,000 --> 00:13:24,760 Speaker 3: going to decide, it's not going to be partisans. 253 00:13:24,960 --> 00:13:25,120 Speaker 4: You know. 254 00:13:25,200 --> 00:13:28,320 Speaker 2: One of the most I think encouraging moments, and it 255 00:13:28,360 --> 00:13:30,000 Speaker 2: was a moment I want to be clear about that 256 00:13:30,840 --> 00:13:35,800 Speaker 2: was how the media covered the decision instantly when it 257 00:13:35,840 --> 00:13:41,400 Speaker 2: came down, ABC, NBC, CBS. They actually covered it in 258 00:13:41,440 --> 00:13:44,360 Speaker 2: a way that was I think genuine and authentic for 259 00:13:44,440 --> 00:13:47,440 Speaker 2: that moment before the partisan hackery that, of course, they 260 00:13:47,480 --> 00:13:49,800 Speaker 2: got into pretty quickly after this decision. 261 00:13:50,120 --> 00:13:52,040 Speaker 1: But take a listen to ABC News. 262 00:13:52,120 --> 00:13:54,160 Speaker 2: This is just one example of how they covered this 263 00:13:54,320 --> 00:13:56,079 Speaker 2: right in front of the Supreme Court, a. 264 00:13:56,120 --> 00:14:00,320 Speaker 5: Rare moment of unanimity on a usually divided court. Fine 265 00:14:00,440 --> 00:14:04,600 Speaker 5: justices of the Supreme Court agree that states cannot kick 266 00:14:04,679 --> 00:14:07,800 Speaker 5: candidates off the ballot under the Fourteenth Amendment. That clause 267 00:14:07,800 --> 00:14:11,160 Speaker 5: which you mentioned, which passed after the Civil War, held 268 00:14:11,200 --> 00:14:13,840 Speaker 5: that people who had sworn an oath to uphold the 269 00:14:13,880 --> 00:14:18,959 Speaker 5: Constitution and then engaged in insurrection are banned from holding 270 00:14:19,000 --> 00:14:19,800 Speaker 5: federal office. 271 00:14:19,880 --> 00:14:21,880 Speaker 1: Further, and what Supreme Court. 272 00:14:21,680 --> 00:14:25,280 Speaker 5: Said is that states can't enforce that that it requires 273 00:14:25,480 --> 00:14:29,280 Speaker 5: Congress to pass the law to it outline how that 274 00:14:29,400 --> 00:14:34,720 Speaker 5: clause should be enforced, concluding very simply that responsibility for 275 00:14:34,920 --> 00:14:38,680 Speaker 5: enforcing that part of the Constitution rests with Congress and 276 00:14:38,800 --> 00:14:39,720 Speaker 5: not with the states. 277 00:14:39,720 --> 00:14:41,440 Speaker 1: The Supreme Court expressing real. 278 00:14:41,240 --> 00:14:44,480 Speaker 5: Concern that states could go different ways. Some states would 279 00:14:44,680 --> 00:14:48,160 Speaker 5: perhaps ban one candidates, some states perhaps ban another candidate. 280 00:14:48,280 --> 00:14:50,560 Speaker 5: Other states keep them both on the ballot, and they 281 00:14:50,680 --> 00:14:54,080 Speaker 5: express concern about the disruption that that would. 282 00:14:54,240 --> 00:14:56,560 Speaker 2: I mean, Sarah, that was a moment of real journalism. 283 00:14:56,840 --> 00:14:57,720 Speaker 2: It was impressive. 284 00:14:58,240 --> 00:15:01,360 Speaker 3: Well, it accurately covered what happened. And I'll point out 285 00:15:01,400 --> 00:15:04,960 Speaker 3: when you and I analyzed this decision, we laid out 286 00:15:05,000 --> 00:15:07,080 Speaker 3: the basis and in fact, as you know, I filed 287 00:15:07,080 --> 00:15:09,200 Speaker 3: an amicus brief on behalf of one hundred and seventy 288 00:15:09,240 --> 00:15:12,400 Speaker 3: nine members of Congress in which I argued for the 289 00:15:12,440 --> 00:15:15,520 Speaker 3: exact ground upon which the Court decided, which is that 290 00:15:15,600 --> 00:15:18,760 Speaker 3: I argued and said it is not for the states 291 00:15:18,800 --> 00:15:22,680 Speaker 3: to determine who violates the Fourteenth Amendment, Section three and 292 00:15:22,720 --> 00:15:24,760 Speaker 3: who does not. Rather, it is for Congress that the 293 00:15:24,800 --> 00:15:28,680 Speaker 3: fourteenth Amendment explicitly gives that power to Congress, and Congress 294 00:15:28,680 --> 00:15:31,000 Speaker 3: can determine whether or not to see a candidate. But 295 00:15:31,040 --> 00:15:35,120 Speaker 3: it is not and Congress has not created a mechanism 296 00:15:35,160 --> 00:15:38,640 Speaker 3: to adjudicate this. That has been followed here, and that 297 00:15:38,800 --> 00:15:43,360 Speaker 3: was the ground that earned a unanimous approval from the 298 00:15:43,360 --> 00:15:43,920 Speaker 3: Supreme Court. 299 00:15:44,360 --> 00:15:47,520 Speaker 2: For the past ten years, Patriot Mobile has been America's 300 00:15:47,600 --> 00:15:51,080 Speaker 2: only Christian conservative wireless provider. And when I say only, 301 00:15:51,200 --> 00:15:54,840 Speaker 2: I mean it. 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Go to Patriotmobile dot com slash 328 00:17:24,240 --> 00:17:28,160 Speaker 2: verdict that's Patriotmobile dot com slash verdict, or call them 329 00:17:28,280 --> 00:17:31,480 Speaker 2: nine to seven to two Patriot that's nine seven to 330 00:17:31,480 --> 00:17:34,199 Speaker 2: two Patriot and get free activation when you use the 331 00:17:34,200 --> 00:17:38,200 Speaker 2: promo code Verdict Patriotmobile dot com slash verdict or nine 332 00:17:38,240 --> 00:17:41,919 Speaker 2: to seven to two Patriot Now Center. I said a 333 00:17:41,960 --> 00:17:43,920 Speaker 2: moment ago that you know this is a great moment 334 00:17:43,960 --> 00:17:48,200 Speaker 2: of journalism, and it happened, and then they decided, all right, 335 00:17:48,240 --> 00:17:51,120 Speaker 2: we're done with that. Let's go back to the partisan hackery. 336 00:17:51,560 --> 00:17:54,000 Speaker 2: Take a list to this montage of the media losing 337 00:17:54,040 --> 00:17:55,159 Speaker 2: their minds over a nine. 338 00:17:55,080 --> 00:17:56,480 Speaker 1: Zero decision from the Supreme Court. 339 00:17:56,680 --> 00:17:59,400 Speaker 6: We've learned that it was a nine to nothing decision 340 00:17:59,480 --> 00:18:01,760 Speaker 6: ruling it Donald Trump can be on the ballot in 341 00:18:01,800 --> 00:18:03,720 Speaker 6: Colorado and other states. 342 00:18:03,800 --> 00:18:08,160 Speaker 5: I'm not confident that that will produce a result that's 343 00:18:08,200 --> 00:18:09,760 Speaker 5: good for American democracy. 344 00:18:09,880 --> 00:18:12,159 Speaker 7: This is actually what I had been concerned about. I 345 00:18:12,200 --> 00:18:13,840 Speaker 7: had been concerned that it should it go to the 346 00:18:13,880 --> 00:18:16,359 Speaker 7: Supreme Court, they would rule this way. 347 00:18:16,560 --> 00:18:18,399 Speaker 1: I'd laugh if it weren't so sad. 348 00:18:18,680 --> 00:18:21,080 Speaker 8: My next guest says, Donald Trump is still an oath 349 00:18:21,080 --> 00:18:23,720 Speaker 8: breaking insurrectionist. Do you have confidence in the Supreme Court 350 00:18:23,840 --> 00:18:25,040 Speaker 8: using this court as partisan? 351 00:18:25,160 --> 00:18:29,399 Speaker 1: The Court itself may have overstepped the court win way 352 00:18:29,440 --> 00:18:30,800 Speaker 1: further than it needed to go. 353 00:18:30,960 --> 00:18:34,040 Speaker 2: Our colleague Melissa Murray has called this Supreme Court the 354 00:18:34,200 --> 00:18:34,960 Speaker 2: Yolo Court. 355 00:18:35,000 --> 00:18:37,840 Speaker 8: The criticism of the court is that they're playing interference. 356 00:18:37,920 --> 00:18:40,320 Speaker 8: Not since Bush by Gore, but we've seen a court 357 00:18:40,560 --> 00:18:44,359 Speaker 8: has had this many opportunities to interfere in the election 358 00:18:44,520 --> 00:18:47,480 Speaker 8: The headline here is that this is a unanimous ruling. 359 00:18:47,560 --> 00:18:50,439 Speaker 8: But if you scratch the surface just a little, this is. 360 00:18:50,400 --> 00:18:51,639 Speaker 1: A five to four ruling. 361 00:18:51,680 --> 00:18:54,520 Speaker 5: I'm part of it. This is actually a five to 362 00:18:54,720 --> 00:18:55,840 Speaker 5: four decision. 363 00:18:55,960 --> 00:18:56,760 Speaker 1: It's five to four. 364 00:18:56,960 --> 00:19:00,480 Speaker 7: Trump will take this, spin it, spread them in information 365 00:19:00,600 --> 00:19:02,520 Speaker 7: disinformation on it, so it's a win for them. 366 00:19:02,960 --> 00:19:05,080 Speaker 6: He's on the ballot and voters will vote, and he 367 00:19:05,720 --> 00:19:09,560 Speaker 6: looks like he's headed to become the Republican nominee for president. 368 00:19:09,640 --> 00:19:11,719 Speaker 4: You can't save a people from themselves. 369 00:19:12,240 --> 00:19:16,199 Speaker 2: If they're determined to re elect him after he organized 370 00:19:16,200 --> 00:19:19,560 Speaker 2: that insurrection, then there's nothing to stop the people from 371 00:19:19,600 --> 00:19:24,320 Speaker 2: doing that. Wow, that is your media right after this, 372 00:19:24,480 --> 00:19:27,879 Speaker 2: saying it's somehow five to four decision, and this is 373 00:19:27,960 --> 00:19:29,760 Speaker 2: just laying the groundwork for what they want to do. 374 00:19:29,800 --> 00:19:31,720 Speaker 2: If the Supreme Court hasn't do with the left warrants, 375 00:19:31,760 --> 00:19:33,520 Speaker 2: they just want to pack the quarter, say it's an 376 00:19:33,560 --> 00:19:35,439 Speaker 2: illegitimate courter, get rid of it all together. 377 00:19:36,000 --> 00:19:38,879 Speaker 3: Well, look, those are partisan hacks in the media who 378 00:19:38,920 --> 00:19:41,080 Speaker 3: are losing their minds. And you know, my favorite coming 379 00:19:41,119 --> 00:19:44,320 Speaker 3: in that montage was are the Supreme Court just partisans? 380 00:19:44,320 --> 00:19:48,640 Speaker 3: And understand what they're saying. They're saying Elena Kagan, appointed 381 00:19:48,680 --> 00:19:52,080 Speaker 3: the Supreme Court by a Democrat president, is a partisan Republican. 382 00:19:52,119 --> 00:19:55,119 Speaker 3: They're saying Sony Soda Mayor appointed by this to the 383 00:19:55,160 --> 00:19:58,760 Speaker 3: Supreme Court by a Democrat president, is a Republican partisan. 384 00:19:58,760 --> 00:20:01,560 Speaker 3: And my favorite is they're saying Katanji Brown Jackson a 385 00:20:01,640 --> 00:20:04,560 Speaker 3: point of the Supreme Court by Joe Biden is a 386 00:20:04,720 --> 00:20:07,679 Speaker 3: partisan in the tank for Donald Trump. That's what they 387 00:20:07,800 --> 00:20:11,119 Speaker 3: just said, and it's truly absurd. Look, was there a 388 00:20:11,160 --> 00:20:13,920 Speaker 3: disagreement over some of the grounds of the decision. Yes, 389 00:20:13,960 --> 00:20:17,120 Speaker 3: But but I actually want to read from a portion 390 00:20:17,240 --> 00:20:21,199 Speaker 3: of Amy Cony. Barrett wrote a very short concurrence, and 391 00:20:21,240 --> 00:20:24,080 Speaker 3: I want to read from her final paragraph. The majority's 392 00:20:24,200 --> 00:20:27,439 Speaker 3: choice of a different path leaves the remaining justices with 393 00:20:27,520 --> 00:20:30,760 Speaker 3: a choice of how to respond. In my judgment, this 394 00:20:30,880 --> 00:20:34,880 Speaker 3: is not the time to amplify disagreements with stridency. The 395 00:20:34,920 --> 00:20:38,919 Speaker 3: Court has settled a politically charged issue in the volatile 396 00:20:39,000 --> 00:20:44,480 Speaker 3: season of a presidential election, Particularly in this circumstance, writings 397 00:20:44,480 --> 00:20:49,520 Speaker 3: on the Court should turn the national temperature down, not 398 00:20:49,680 --> 00:20:55,480 Speaker 3: up for present purposes. Our differences are far less important 399 00:20:55,720 --> 00:21:01,960 Speaker 3: than our unanimity. All nine justices agree on the outcome 400 00:21:02,200 --> 00:21:06,840 Speaker 3: of this case. That is the message Americans should take home. 401 00:21:07,480 --> 00:21:10,560 Speaker 3: I think Amy Cony Barrett was exactly right. The fact 402 00:21:10,560 --> 00:21:13,320 Speaker 3: that it was unanimous is an important victory for the 403 00:21:13,359 --> 00:21:16,160 Speaker 3: Supreme Court. It's an important victory for the rule of law, 404 00:21:16,440 --> 00:21:18,840 Speaker 3: it's an important victory for the country, and it's an 405 00:21:18,880 --> 00:21:20,360 Speaker 3: important victory for democracy. 406 00:21:21,320 --> 00:21:22,720 Speaker 2: You know, I've said this for a while, and I 407 00:21:22,760 --> 00:21:25,080 Speaker 2: keep saying I think the Democratic Party, for all intents 408 00:21:25,080 --> 00:21:28,159 Speaker 2: and purposes, is dead. I think they're masquerading as Democrats 409 00:21:28,160 --> 00:21:32,480 Speaker 2: and they're really communists. And Democratic Representative Jamie Raskin immediately 410 00:21:32,520 --> 00:21:35,200 Speaker 2: went on CNN Center and said this, and I want 411 00:21:35,200 --> 00:21:36,680 Speaker 2: to get your reaction to it. 412 00:21:37,040 --> 00:21:40,520 Speaker 9: I am working with a number of my colleagues, including W. 413 00:21:40,600 --> 00:21:44,720 Speaker 9: Wasserman Schultz and Eric Swawell, to revive legislation that we 414 00:21:44,840 --> 00:21:47,960 Speaker 9: had to set up a process by which we could 415 00:21:48,040 --> 00:21:53,040 Speaker 9: determine that someone who committed insurrection is disqualified by section 416 00:21:53,080 --> 00:21:55,959 Speaker 9: three the fourteenth Amendment. And the House of Representatives already 417 00:21:56,080 --> 00:22:00,800 Speaker 9: impeached Donald Trump for participating in insurrection by inciting it. 418 00:22:00,920 --> 00:22:03,199 Speaker 9: So the House is already pronounced upon that. 419 00:22:03,880 --> 00:22:04,920 Speaker 1: I mean, you hear him there. 420 00:22:05,000 --> 00:22:08,760 Speaker 2: These people are psycho They're obsessed with taking away the 421 00:22:08,880 --> 00:22:11,600 Speaker 2: rights of the American people decide who they want to 422 00:22:11,600 --> 00:22:14,320 Speaker 2: be president of the United States of America. And even 423 00:22:14,400 --> 00:22:16,919 Speaker 2: after the Liberals smacked them down in a nine to 424 00:22:17,080 --> 00:22:21,199 Speaker 2: nothing decision protecting democracy, they immediately like, nope, we're going 425 00:22:21,280 --> 00:22:22,760 Speaker 2: to go right back to the House. We're going to 426 00:22:22,840 --> 00:22:24,680 Speaker 2: do what we can to make sure you can't vote 427 00:22:24,680 --> 00:22:25,439 Speaker 2: for Donald Trump. 428 00:22:25,720 --> 00:22:27,520 Speaker 3: Well, and I'll give you a couple of additional facts. 429 00:22:27,600 --> 00:22:31,000 Speaker 3: Number One, Jamie Raskin was a constitutional law professor, So 430 00:22:31,119 --> 00:22:34,480 Speaker 3: he's actually a very smart, very well respected law professor 431 00:22:34,520 --> 00:22:39,320 Speaker 3: and lawyer. But yet his partisan extremism is overwhelming. Number Two, 432 00:22:39,359 --> 00:22:42,639 Speaker 3: here's an amazing thing. So Jamie Raskin was elected, and 433 00:22:42,680 --> 00:22:44,119 Speaker 3: you know, one of the very first things he did 434 00:22:44,160 --> 00:22:47,080 Speaker 3: when he's elected to the House, what was that He 435 00:22:47,200 --> 00:22:50,360 Speaker 3: showed up on the floor of the House on January sixth, 436 00:22:51,000 --> 00:22:54,679 Speaker 3: twenty seventeen, and he stood up and objected to the 437 00:22:54,720 --> 00:22:57,560 Speaker 3: election and certification of the election of Donald J. Trump. 438 00:22:58,040 --> 00:23:00,240 Speaker 1: So, you go, what he calls. 439 00:23:00,160 --> 00:23:04,600 Speaker 3: Insurrection is actually one of the very first acts Jamie 440 00:23:04,680 --> 00:23:11,200 Speaker 3: Raskin ever did in Congress. And yet look, today's Democrat Party, 441 00:23:11,240 --> 00:23:15,760 Speaker 3: they're so consumed by hate that they really have convinced 442 00:23:15,800 --> 00:23:18,399 Speaker 3: themselves that Trump Trump is the devil, that Trump is Hitler, 443 00:23:18,400 --> 00:23:23,360 Speaker 3: that Trump is so horrible, that anything, anything, anything is justifiable. 444 00:23:23,760 --> 00:23:27,280 Speaker 3: And the irony is every one of those Democrats still 445 00:23:27,359 --> 00:23:30,320 Speaker 3: puffs out their chests and says, we must defend democracy. 446 00:23:31,000 --> 00:23:35,080 Speaker 3: And in their telling, we must defend democracy by stopping 447 00:23:35,160 --> 00:23:39,480 Speaker 3: the damn voters from voting for someone we don't want 448 00:23:39,520 --> 00:23:40,240 Speaker 3: them to vote for. 449 00:23:40,960 --> 00:23:44,520 Speaker 2: Yeah, there's no there's no accepting that they may be wrong, 450 00:23:44,680 --> 00:23:46,600 Speaker 2: or that they can that they lose, whether it be 451 00:23:46,640 --> 00:23:49,800 Speaker 2: an election or ruling. I mean, you look at Keith Oberman. 452 00:23:50,119 --> 00:23:53,639 Speaker 2: He called for the court to be dissolved in response 453 00:23:53,720 --> 00:23:56,240 Speaker 2: to ruling. And it's not like, I know, he's crazy, 454 00:23:56,720 --> 00:24:00,240 Speaker 2: but the number of people that retweeted him and advocated 455 00:24:00,280 --> 00:24:03,439 Speaker 2: for this the democratic world after he said it, they're like, 456 00:24:03,440 --> 00:24:06,240 Speaker 2: all right, we don't get away, all right, well, then 457 00:24:05,600 --> 00:24:08,080 Speaker 2: just get rid of the Supreme Court altogether. 458 00:24:08,320 --> 00:24:09,400 Speaker 1: That's not normal. 459 00:24:09,880 --> 00:24:13,880 Speaker 3: No, it's extremism, and it is one of the saddest things. Listen, 460 00:24:13,920 --> 00:24:16,200 Speaker 3: when I first arrived in the Senate twelve years ago, 461 00:24:17,160 --> 00:24:20,480 Speaker 3: there were moderate Democrats that there are none left in 462 00:24:20,520 --> 00:24:26,560 Speaker 3: the US Senate. They are only two even arguable moderate Democrats, 463 00:24:26,600 --> 00:24:30,200 Speaker 3: and they are Joe Manchin and Kirsten Cinema. And as 464 00:24:30,240 --> 00:24:33,480 Speaker 3: of this week, we now know that the chances of 465 00:24:33,560 --> 00:24:36,000 Speaker 3: either of them being in the Senate next year are 466 00:24:36,160 --> 00:24:38,920 Speaker 3: zero percent. Joe Manchin is announced he's not running again, 467 00:24:39,000 --> 00:24:42,520 Speaker 3: and then just today Kirsten Cinnamon announced she's not running again. 468 00:24:43,040 --> 00:24:46,000 Speaker 3: So we know to an absolute certainty that come next year, 469 00:24:46,720 --> 00:24:51,000 Speaker 3: there will be zero moderate Democrats left. They will all 470 00:24:51,000 --> 00:24:55,280 Speaker 3: be extreme partisans. They have all become Bernie Sanders, they 471 00:24:55,280 --> 00:24:58,200 Speaker 3: have all become Elizabeth Warren, they have all become AOC 472 00:24:59,080 --> 00:25:01,560 Speaker 3: and look much that is a reaction to Donald Trump. 473 00:25:01,640 --> 00:25:04,680 Speaker 3: I've said many times I think he broke the Democrat Party. 474 00:25:04,680 --> 00:25:06,960 Speaker 3: He got in their head and he shattered their brains. 475 00:25:07,640 --> 00:25:09,080 Speaker 3: But I got to tell you, Ben, I think it's 476 00:25:09,119 --> 00:25:11,760 Speaker 3: really bad for the country. I don't like seeing the 477 00:25:11,800 --> 00:25:17,400 Speaker 3: Democrat Party this extreme. Listen, it is healthy for democracy 478 00:25:17,440 --> 00:25:21,520 Speaker 3: to have two normal parties, to have two somewhat mainstream 479 00:25:21,600 --> 00:25:25,960 Speaker 3: parties who have disagreements but are not deranged. And what 480 00:25:26,000 --> 00:25:30,280 Speaker 3: Trump has done, and look, Trump bears some responsibility. He 481 00:25:30,400 --> 00:25:33,359 Speaker 3: takes great joy in jabbing his thumb in the eyes 482 00:25:33,400 --> 00:25:36,040 Speaker 3: of the Democrats, but the effect of it is their 483 00:25:36,080 --> 00:25:37,840 Speaker 3: brains have exploded out their ears. 484 00:25:38,440 --> 00:25:40,800 Speaker 2: Yeah, it's a great point, and you go back to 485 00:25:41,359 --> 00:25:44,080 Speaker 2: you move from just a Supreme Court ruling to what 486 00:25:44,200 --> 00:25:46,560 Speaker 2: we also found out this week, and it goes back 487 00:25:46,600 --> 00:25:49,440 Speaker 2: to corruption. You know, we have a judicial system that's 488 00:25:49,440 --> 00:25:52,040 Speaker 2: trying to lock up Donald Trump everywhere they can, going 489 00:25:52,080 --> 00:25:55,520 Speaker 2: after him, trying to bankrupt him, bankrupt his family, basically 490 00:25:55,560 --> 00:25:58,560 Speaker 2: sending warning shots across about any other conservatives singing about 491 00:25:58,600 --> 00:26:01,600 Speaker 2: running for office. But then we also have learned a 492 00:26:01,600 --> 00:26:05,280 Speaker 2: lot more about what happened on January sixth to those 493 00:26:06,359 --> 00:26:09,439 Speaker 2: that were there in January sixth that were sentenced to jail, 494 00:26:10,320 --> 00:26:16,040 Speaker 2: there was major corruption within the Biden Department of Justice. 495 00:26:16,359 --> 00:26:19,080 Speaker 2: And I think it's really this has been underreported, and 496 00:26:19,119 --> 00:26:21,560 Speaker 2: I think it's an extremely important story that I would 497 00:26:21,640 --> 00:26:24,840 Speaker 2: challenge everyone listening right now take this part of the 498 00:26:24,880 --> 00:26:28,560 Speaker 2: podcast and put it on social media because what we're 499 00:26:28,560 --> 00:26:31,280 Speaker 2: about to explain to you, it tells you just how 500 00:26:31,400 --> 00:26:35,800 Speaker 2: corrupt the Biden Department of Justice when they come against conservatives. 501 00:26:36,560 --> 00:26:39,280 Speaker 3: Well, unfortunately, that's exactly right. In the past few days, 502 00:26:39,280 --> 00:26:41,800 Speaker 3: there was a decision from the d C Circuit Court 503 00:26:41,800 --> 00:26:43,840 Speaker 3: of Appeals. Now the d C Circuit Court of Appeals 504 00:26:43,840 --> 00:26:46,919 Speaker 3: of the Federal Court of Appeals in DC. It is 505 00:26:47,080 --> 00:26:50,160 Speaker 3: considered the second highest court in the land, second only 506 00:26:50,200 --> 00:26:52,280 Speaker 3: to the US Supreme Court. There are total of thirteen 507 00:26:52,280 --> 00:26:54,399 Speaker 3: different courts of Appeals, but the d C Circuit is 508 00:26:54,400 --> 00:26:58,280 Speaker 3: the most prestigious. Judges from the d C Circuit regularly 509 00:26:58,320 --> 00:27:02,439 Speaker 3: become Supreme Court justices afterwards. And this was a unanimous 510 00:27:02,480 --> 00:27:05,760 Speaker 3: decision from a panel, and it's a panel that the 511 00:27:05,760 --> 00:27:07,920 Speaker 3: full d C Circuit is one of the most liberal 512 00:27:08,359 --> 00:27:12,040 Speaker 3: circuits in the country. But this panel was three judges 513 00:27:12,080 --> 00:27:16,240 Speaker 3: appointed by Democrats. The opinion was authored by Patty Millett, 514 00:27:16,520 --> 00:27:19,800 Speaker 3: who was an appointee of Barack Obama. It was joined 515 00:27:19,800 --> 00:27:23,160 Speaker 3: by Cornelia Pillard, who was an appointee of Barack Obama. 516 00:27:23,800 --> 00:27:25,800 Speaker 3: And it was joined by Judith Rogers, who was an 517 00:27:25,840 --> 00:27:30,400 Speaker 3: appointee of Bill Clinton. So you have three Democrat appointees. 518 00:27:30,440 --> 00:27:35,240 Speaker 3: And they concluded that the Department of Justice was wrong 519 00:27:36,080 --> 00:27:42,439 Speaker 3: when they enhanced the sentences of individuals convicted of rioting 520 00:27:42,520 --> 00:27:45,520 Speaker 3: or storminting the Capitol on January sixth. And they used 521 00:27:45,520 --> 00:27:50,440 Speaker 3: an enhancement called the Administration of Justice enhancement. And here's 522 00:27:50,560 --> 00:27:55,080 Speaker 3: what Judge Millett wrote for the Unanimous Opinion, quote, the 523 00:27:55,119 --> 00:27:59,480 Speaker 3: phrase administration of justice does not encompass Congress's role in 524 00:27:59,520 --> 00:28:06,520 Speaker 3: the electoral certification process. Quote, text, context and commentary show 525 00:28:06,560 --> 00:28:10,920 Speaker 3: that the administration of justice refers to judicial, quasi judicial, 526 00:28:11,520 --> 00:28:16,000 Speaker 3: and adjunct investigated proceedings, but does not extend to the 527 00:28:16,080 --> 00:28:20,840 Speaker 3: unique congressional function of certifying electoral College votes. 528 00:28:21,480 --> 00:28:22,280 Speaker 1: Quote. 529 00:28:22,560 --> 00:28:26,879 Speaker 3: Administration of Justice enhancements are typically reserved for defendants who 530 00:28:26,960 --> 00:28:31,000 Speaker 3: disrupt judicial proceedings, such as a courtroom trial or a 531 00:28:31,040 --> 00:28:37,480 Speaker 3: grand jury investigation. More than one hundred of the defendants 532 00:28:37,520 --> 00:28:42,320 Speaker 3: have had administration of Justice enhancements applied to their sentences. 533 00:28:43,080 --> 00:28:46,280 Speaker 1: Wow, and every. 534 00:28:46,040 --> 00:28:48,360 Speaker 3: One of them now is going to go and seek 535 00:28:48,440 --> 00:28:53,040 Speaker 3: and presumably receive a lower sentence and potentially a significantly 536 00:28:53,160 --> 00:28:58,920 Speaker 3: lower sentence. And what is striking is the Biden Justice 537 00:28:58,920 --> 00:29:03,160 Speaker 3: Department sought the enhancement contrary to the law over and 538 00:29:03,320 --> 00:29:07,320 Speaker 3: over and over again because they are engaged in a jahad. 539 00:29:08,000 --> 00:29:12,120 Speaker 3: They are like Javert going after Jean Valjean. It is 540 00:29:12,160 --> 00:29:12,880 Speaker 3: their quest. 541 00:29:12,960 --> 00:29:13,160 Speaker 1: Look. 542 00:29:13,240 --> 00:29:16,760 Speaker 3: Merrick Garland has absurdly said the Department of Justice has 543 00:29:16,800 --> 00:29:21,040 Speaker 3: devoted more resources to going after the January sixth protests 544 00:29:21,640 --> 00:29:25,239 Speaker 3: than any other event in our nation's history, and by 545 00:29:25,240 --> 00:29:28,680 Speaker 3: the way, that includes September eleventh. What an absurd statement. 546 00:29:29,280 --> 00:29:33,920 Speaker 3: And to be clear, individuals who engaged in violence on 547 00:29:34,040 --> 00:29:36,760 Speaker 3: January sixth, and there were certainly individuals who engaged in 548 00:29:36,840 --> 00:29:40,040 Speaker 3: violence who assaulted police officers. If you engage in violence, 549 00:29:40,080 --> 00:29:43,040 Speaker 3: you should be prosecuted and go to jail. But what 550 00:29:43,160 --> 00:29:46,560 Speaker 3: the Biden Justice Department has done is use the excuse 551 00:29:46,680 --> 00:29:51,080 Speaker 3: of the violence of a limited number of individuals to 552 00:29:51,360 --> 00:29:56,360 Speaker 3: persecute hundreds and even thousands of individuals who engaged in 553 00:29:56,440 --> 00:30:01,080 Speaker 3: peaceful protests, who spoke, who expressed their passionate First Amendment views, 554 00:30:01,400 --> 00:30:05,000 Speaker 3: but did not engage in violence. And this enhancement was 555 00:30:05,040 --> 00:30:07,080 Speaker 3: an effort that they wanted to go after you even 556 00:30:07,080 --> 00:30:09,120 Speaker 3: if you engage in no violence. They wanted to lock 557 00:30:09,160 --> 00:30:10,760 Speaker 3: you up. They wanted to lock you up a long 558 00:30:10,840 --> 00:30:13,960 Speaker 3: time for the crime of being a Donald Trump supporter. 559 00:30:14,040 --> 00:30:18,480 Speaker 3: And it is striking to have a unanimous decision from 560 00:30:18,600 --> 00:30:22,840 Speaker 3: three judges, all three appointed by Democrat presidents, saying no, 561 00:30:23,400 --> 00:30:27,360 Speaker 3: this is not the law. And of course, sadly the 562 00:30:27,440 --> 00:30:30,320 Speaker 3: corporate media has not covered this virtually at all. 563 00:30:30,680 --> 00:30:33,480 Speaker 2: They haven't and it's not just that it's also journalists 564 00:30:33,520 --> 00:30:36,760 Speaker 2: that are involved, and there's still harassment that's going on 565 00:30:37,040 --> 00:30:40,400 Speaker 2: from January sixth, which I mean this was January sixth, was, 566 00:30:40,640 --> 00:30:42,120 Speaker 2: you know, several years ago. 567 00:30:42,160 --> 00:30:42,440 Speaker 1: Now. 568 00:30:43,240 --> 00:30:48,600 Speaker 2: Blaize News investigative writer Steve Baker, who had been reporting 569 00:30:48,600 --> 00:30:52,080 Speaker 2: on January six was charged. He was by the FBI, 570 00:30:52,200 --> 00:30:55,800 Speaker 2: handcuffed by the FBI. And this is another example of 571 00:30:55,800 --> 00:30:59,880 Speaker 2: the abuse of power here. I think this is a writer, 572 00:31:00,200 --> 00:31:02,880 Speaker 2: a guy who's been reporting on January the sixth, and 573 00:31:02,920 --> 00:31:05,120 Speaker 2: it's like they went after him because they don't like 574 00:31:05,200 --> 00:31:09,440 Speaker 2: what he was actually reporting on. And he said this 575 00:31:09,680 --> 00:31:12,400 Speaker 2: after he was arrested by the FBI. 576 00:31:12,560 --> 00:31:13,400 Speaker 1: This is what he said. 577 00:31:13,600 --> 00:31:16,480 Speaker 4: I probably don't have a lot to say right now. 578 00:31:16,760 --> 00:31:20,200 Speaker 4: I need to process for a little while. I'm actually 579 00:31:20,200 --> 00:31:23,560 Speaker 4: still shaking a little bit. I don't like what I 580 00:31:23,680 --> 00:31:26,720 Speaker 4: just went through. I don't like the deliberate humiliation that 581 00:31:26,760 --> 00:31:28,840 Speaker 4: they put me through. There was no reason to do that. 582 00:31:28,920 --> 00:31:31,680 Speaker 4: There was no reason to march me into a courtroom 583 00:31:31,680 --> 00:31:36,600 Speaker 4: in the leg chains. Today there was somebody there answering 584 00:31:36,600 --> 00:31:41,040 Speaker 4: for a felony and they weren't in chains, Mike, charges 585 00:31:41,080 --> 00:31:46,560 Speaker 4: are misdemeanors. It's just it's mind boggling. But that is 586 00:31:48,320 --> 00:31:54,280 Speaker 4: unfortunately the type of selective persecution that January sixth defendants 587 00:31:54,320 --> 00:31:58,840 Speaker 4: are facing, and ultimately, what we are looking at here, 588 00:31:58,960 --> 00:32:02,520 Speaker 4: and probably the only only reason that many of the 589 00:32:02,600 --> 00:32:04,960 Speaker 4: January sixth defendants have had to go through what they've 590 00:32:05,080 --> 00:32:07,240 Speaker 4: had to go through is because of what I've talked 591 00:32:07,280 --> 00:32:09,240 Speaker 4: about so many times and what I've written about so 592 00:32:09,280 --> 00:32:12,800 Speaker 4: many times. It's called scary words. It doesn't matter if 593 00:32:12,840 --> 00:32:16,800 Speaker 4: it's Stuart Rhodes, it doesn't matter if it's the grandmother 594 00:32:16,880 --> 00:32:21,760 Speaker 4: who chanted Usa Usa in the Capital. It's the scary 595 00:32:21,800 --> 00:32:24,440 Speaker 4: words that were said. If you don't say the right 596 00:32:24,480 --> 00:32:28,760 Speaker 4: thing at the right time and comport to the right narrative, 597 00:32:29,120 --> 00:32:30,760 Speaker 4: that's what they're going to do, is they're going to 598 00:32:30,800 --> 00:32:33,800 Speaker 4: come after us. And that's exactly what's happened. It's not 599 00:32:34,760 --> 00:32:37,240 Speaker 4: these charges have nothing to do with my behavior at 600 00:32:37,240 --> 00:32:40,000 Speaker 4: the Capitol. These charges are reflective of what I said 601 00:32:40,040 --> 00:32:45,200 Speaker 4: before and after my speech, what I thought about things, 602 00:32:46,040 --> 00:32:49,400 Speaker 4: what I joked about. That's what this is reflective of. 603 00:32:50,360 --> 00:32:52,200 Speaker 4: And so that's what we're up against right now. 604 00:32:52,840 --> 00:32:55,000 Speaker 2: I mean, you hear him, and it's not what he 605 00:32:55,040 --> 00:32:56,920 Speaker 2: did on January sixth, to what he said before and 606 00:32:57,000 --> 00:32:59,960 Speaker 2: after he talked about that grandmother that was charged when 607 00:33:00,120 --> 00:33:03,480 Speaker 2: she chanted Usa Usa USA. I mean they went after 608 00:33:03,640 --> 00:33:06,120 Speaker 2: anyone that was in and around January sixth, even if 609 00:33:06,160 --> 00:33:08,600 Speaker 2: you were not violent, and if you report it on 610 00:33:08,640 --> 00:33:10,440 Speaker 2: it and they don't like your narrative, they came after 611 00:33:10,480 --> 00:33:12,440 Speaker 2: you and they put this guy in leg change just 612 00:33:12,480 --> 00:33:13,360 Speaker 2: to prove a point. 613 00:33:13,400 --> 00:33:14,520 Speaker 1: We are bigger than you. 614 00:33:14,880 --> 00:33:18,520 Speaker 3: Well, it is selective persecution, and it's not prosecution. It 615 00:33:18,560 --> 00:33:22,520 Speaker 3: is persecution. It is targeting the enemies of the regime. 616 00:33:22,960 --> 00:33:25,080 Speaker 3: And I have to say it is sad. You know, 617 00:33:25,160 --> 00:33:27,600 Speaker 3: Merrick Garland used to be a judge, actually a judge 618 00:33:27,640 --> 00:33:30,760 Speaker 3: on the DC Circuit. It was his old colleagues who 619 00:33:30,760 --> 00:33:33,280 Speaker 3: slapped him down. Understand there's a personal element to this. 620 00:33:33,360 --> 00:33:36,280 Speaker 3: They all served with Merrick Garland for years. He was 621 00:33:36,400 --> 00:33:38,640 Speaker 3: very well respected when he was on the d C Circuit. 622 00:33:38,680 --> 00:33:42,800 Speaker 3: And yet three of his Democrat appointed colleagues just unanimously 623 00:33:42,920 --> 00:33:47,040 Speaker 3: reversed what his department is doing because it was contrary 624 00:33:47,120 --> 00:33:50,680 Speaker 3: to the law. And it's sad to see Merrick Garland 625 00:33:50,720 --> 00:33:55,480 Speaker 3: turning the Department of Justice into just a partisan enforcement arm. 626 00:33:55,920 --> 00:33:59,120 Speaker 3: It's doing enormous damage to the rule of law and 627 00:33:59,240 --> 00:34:04,680 Speaker 3: two decision within days of each other, doesn't seem to 628 00:34:04,720 --> 00:34:07,600 Speaker 3: have caused them even a moment of pause, a moment 629 00:34:07,640 --> 00:34:11,320 Speaker 3: of hesitation to say, hey, maybe we should change our course. 630 00:34:11,360 --> 00:34:13,920 Speaker 3: And I will say also more broadly, we're going to 631 00:34:13,960 --> 00:34:18,320 Speaker 3: discuss in a later pod the persecution of the media 632 00:34:19,120 --> 00:34:21,440 Speaker 3: that the Biden Justice Department is engaged in. And you 633 00:34:21,520 --> 00:34:24,160 Speaker 3: just gave a good example. But this is all about 634 00:34:24,840 --> 00:34:27,719 Speaker 3: not the fair and even handed administration of justice. This 635 00:34:27,840 --> 00:34:32,760 Speaker 3: is about abusing power to go after the political enemies 636 00:34:32,800 --> 00:34:36,040 Speaker 3: of the White House. And today the d C Circuit 637 00:34:36,080 --> 00:34:38,920 Speaker 3: decision that just came down a few days ago is 638 00:34:38,960 --> 00:34:41,920 Speaker 3: a big victory for the rule of law against the 639 00:34:41,960 --> 00:34:45,080 Speaker 3: political abuse of power by the Biden Justice Department. 640 00:34:44,960 --> 00:34:45,640 Speaker 1: No doubt about it. 641 00:34:45,719 --> 00:34:47,879 Speaker 2: We will talk about the media, like you said, in 642 00:34:47,920 --> 00:34:51,439 Speaker 2: future episodes. There was one headline, just to put an 643 00:34:51,440 --> 00:34:54,880 Speaker 2: exclamation point on the absurdity of what's happening to journalists. 644 00:34:54,880 --> 00:34:59,360 Speaker 2: It says, breaking January sixth journalist Steve Baker arrested for 645 00:34:59,440 --> 00:35:02,840 Speaker 2: reporting on January the sixth. There's a headline for you. 646 00:35:03,000 --> 00:35:06,600 Speaker 2: Let that sink in. Don't forget. We do this podcast Monday, Wednesday, 647 00:35:06,640 --> 00:35:09,160 Speaker 2: and Friday. We'll also have a lot to say after 648 00:35:09,200 --> 00:35:10,879 Speaker 2: the Stay of the Union that's coming up this week 649 00:35:10,920 --> 00:35:13,399 Speaker 2: as well, so make sure you stay with us all 650 00:35:13,400 --> 00:35:16,600 Speaker 2: week long and on the in between days download my podcast, 651 00:35:17,000 --> 00:35:19,719 Speaker 2: The Ben Ferguson Podcasts, and I'll keep you updated on 652 00:35:19,760 --> 00:35:22,520 Speaker 2: the latest breaking news on those days and the Center. 653 00:35:22,600 --> 00:35:24,640 Speaker 2: I will see you back here after the Stay of 654 00:35:24,680 --> 00:35:25,960 Speaker 2: the Union on Friday morning.