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Speaker 1: Welcome.

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Speaker 2: It is Verdict with Center, Ted Cruz Ben Ferguson with you,

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Speaker 2: and we have a jam packed show for you today

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Speaker 2: that deals with not only some shocking news coming out

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Speaker 2: of Israel, but also the Supreme Court decision on taking

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Speaker 2: Donald Trump off the ballot in Colorado.

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Speaker 1: We're going to dive.

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Speaker 2: Into both of those, but before we get to that

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Speaker 2: center a story that no one seems to be talking about,

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Speaker 2: and that is some breaking news that apparently Joe Biden

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Speaker 2: was demanding that the Attorney General Merrick Garland put Donald

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Speaker 2: Trump and his opponents in prison. And it's very angry

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Speaker 2: that he didn't start the investigation to Trump earlier so

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Speaker 2: they wouldn't have to I guess be running against him

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Speaker 2: right now for the presidency. Your reaction to this coming

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Speaker 2: out from Politico's reporting.

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Speaker 3: Well, Politico reported quote in recent weeks, President Biden has

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Speaker 3: grumbled aids and advisors that had Garland moved sooner in

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Speaker 3: his investigation into former President Donald Trump's election interference, a

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Speaker 3: trial may already be underway or even if concluded. According

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Speaker 3: to two people granted anonymity discuss private matters, that trial

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Speaker 3: still could take place before the election and much of

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Speaker 3: the delay is owed not to Garland, but to deliberate

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Speaker 3: resistance put up by the former president and his team.

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Speaker 3: In other words, the White House is complaining, damn it,

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Speaker 3: if only Merrick Garland had gone sooner, we could have

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Speaker 3: locked Donald Trump up in jail. But that's not their

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Speaker 3: only complaint. Beyond that, they are furious, volcanically furious with

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Speaker 3: the Department of Justice, with Merrick Garland. Garland, why get

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Speaker 3: this because they haven't been political enough. Well, we have

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Speaker 3: discussed at great length on this podcast how this is,

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Speaker 3: in my judgment, the most partisan and political Department of

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Speaker 3: Justice in history doesn't matter, not enough for Joe Biden

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Speaker 3: in the White House. Here's what Politico reported quote. Joe

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Speaker 3: Biden has told aids and outside advisers that Attorney General

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Speaker 3: Merrick Garland did not do enough to reign in a

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Speaker 3: Special Council report stating that the President had diminished mental faculties,

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Speaker 3: according to two people close to the president, as White

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Speaker 3: House frustration with the head of the Justice Department grows,

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Speaker 3: the report from Special Counsel Robert Hurr ultimately cleared Biden

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Speaker 3: of any charges stemming from handling of classified documents that

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Speaker 3: were found at Biden's think Tank at his home. But

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Speaker 3: HER's explanation for not bringing charges that Biden would have

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Speaker 3: persuaded the jury that he was a forgetful old man,

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Speaker 3: up ended the presidential campaign and infuriated the White House.

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Speaker 1: So get this.

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Speaker 3: They're not particularly happy that the Department of Justice is

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Speaker 3: not indicting Joe Biden. They're not celebrating that, DOJ's perfectly

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Speaker 3: happy to say, Yep, one standard applies to Joe Biden.

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Speaker 3: A totally different standard applies to Donald Trump. Donald Trump,

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Speaker 3: we sent in stormtroopers, we go raid mar A Lago,

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Speaker 3: we prosecute him. But Joe Biden, he does the same thing.

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Speaker 3: Nothing to see here. None of that makes them happy.

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Speaker 3: That's not political enough. The reasoning to J justify that

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Speaker 3: obvious double standard, which we covered on when on Friday's podcast.

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Speaker 3: And by the way, if you didn't listen to Friday's podcasts,

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Speaker 3: you should go back and listen to Friday's podcast because

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Speaker 3: we discussed how in the Special Council Report, the Biden

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Speaker 3: Department of Justice argued that Joe Biden is not competent

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Speaker 3: to stand trial. Now, mind you, that was their explanation

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Speaker 3: for why they weren't prosecuting him. That they couldn't convince

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Speaker 3: a jury that Joe Biden had the mental faculties to

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Speaker 3: be able to form willfulness. That's a remarkable standard. But

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Speaker 3: now the Biden White House is throwing a fit. Well,

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Speaker 3: it's one way or the other. Either he's not competent

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Speaker 3: to be charged or he is, in which case he

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Speaker 3: should be indicted. You can't have it both ways.

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Speaker 2: Well, and that also SAIDs as you and I mentioned earlier,

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Speaker 2: a major precedent. If the president's not being able to

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Speaker 2: be held accountable in their words, for things that he

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Speaker 2: did wrong wilfully taking classified documents, you would assume that

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Speaker 2: same logic would didn't extend to anything that deals the

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Speaker 2: Biden crime family. And then to have it and say

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Speaker 2: this the other way, as you just described it, it's

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Speaker 2: like they believe that this government just does and makes

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Speaker 2: up the rules for them that apply to them in

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Speaker 2: any which way they want, regardless of the law of

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Speaker 2: the land, regardless of the Constitution, regardless of what it

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Speaker 2: does to other people's lives, including now going after Donald

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Speaker 2: Trump and people around him.

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Speaker 3: Well, and that's dangerous. It is dangerous when the Department

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Speaker 3: of Justice becomes thoroughly politicized, when it becomes a weapon

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Speaker 3: to attack your enemies, a weapon to insulate the president

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Speaker 3: and his allies. And when it becomes simply a political tool.

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Speaker 3: And even though Merrick Garland is happy to be thoroughly,

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Speaker 3: thoroughly political, it's not enough for the Biden White House.

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Speaker 3: They want him to literally behave like an extension of

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Speaker 3: the DNC.

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Speaker 2: When you talk about this reporting, will any of this

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Speaker 2: come back do you think to haunt the president here?

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Speaker 2: Especially for the fact that if now Garland's been named

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Speaker 2: in this way publicly and that people are frustrated, is

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Speaker 2: there a chance that Marylyn Garland may now start to

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Speaker 2: stand up a little bit more to the president because

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Speaker 2: now he's taking this heat directly from the president behind

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Speaker 2: the scenes that we're learning about in the news. I mean,

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Speaker 2: that's embarrassing to his legacy at bare minimum.

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Speaker 3: You know, I doubt it. I have no reason to

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Speaker 3: suspect that Merrick Garland has yet to demonstrate any willingness,

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Speaker 3: any inclination to stand up to Joe Biden or political

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Speaker 3: pressure so far, and we're three years in. You know,

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Speaker 3: it's striking that this is also not new. Joe Biden.

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Speaker 3: Remember when he was campaigning, he said he wasn't going

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Speaker 3: to put pressure on the Department of Justice. But here

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Speaker 3: play this clip and then this is a clip from

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Speaker 3: Joe Biden in twenty nineteen, and he's jabbing his finger

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Speaker 3: in Peter Deucey's face in Iowa on reports that President

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Speaker 3: Trump had President had pressured Ukraine's president to investigate the

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Speaker 3: Bile and Crime family. And here was his response. Give

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Speaker 3: a listen.

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Speaker 4: Trump deserves to be investigated. He is violating every basic

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Speaker 4: norm of a president. You should be asking him the question,

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Speaker 4: why is he on the phone with a foreign leader

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Speaker 4: trying to intimidate a foreign leader?

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Speaker 1: If that's what happened, that's a fures what happened. You

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Speaker 1: should be looking at Trump.

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Speaker 4: Trump's doing this because he knows I'll beat him like

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Speaker 4: a drum, and he's using the abuse of power and

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Speaker 4: every element of the presidency to try to do something

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Speaker 4: to smear me. Everybody looked at this, and everybody's looked

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Speaker 4: at it and said, there's nothing there.

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Speaker 1: Ask the right questions about me.

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Speaker 2: Ask the right question. There's there's two things about that

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Speaker 2: equip center. One the queer cognitive coline. Even since yeah

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Speaker 2: in twenty.

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Speaker 3: Didn't speak that clearly. Now, I mean It really is amazing.

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Speaker 3: In just a few years, four years later, he can't

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Speaker 3: articulate even a single, clear, forceful, decisive sentence like he

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Speaker 3: did then.

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Speaker 2: And not only that, but he also saying, you guys

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Speaker 2: need to go after Trump. He's basically telling the media

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Speaker 2: you don't ask me questions about what I've done.

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Speaker 1: He says I've been quered, which by the way, was

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Speaker 1: not true. That's a lie.

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Speaker 2: But he's also saying, like, get in your place, do

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Speaker 2: your job, go after Donald Trump. And now it seems

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Speaker 2: that he's lost some control over this media that he's

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Speaker 2: had control over for the last three plus years.

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Speaker 3: Yeah, that final line there, asked the right questions. His

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Speaker 3: attitude is the corporate media works for him. They're supposed

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Speaker 3: to ask the questions he tells them to, and they're

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Speaker 3: supposed to shut up. As we discussed at length on

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Speaker 3: Friday's podcast, the disastrous press conference Joe Biden did after

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Speaker 3: this special Counsel report, suddenly the media wasn't following orders anymore.

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Speaker 3: They were actually asking real and hard questions, and he

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Speaker 3: was flabbergasted and angry, and to be clear, his efforts

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Speaker 3: to try to push the Department of Justice to be

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Speaker 3: his political attack dog. This is not new. On In

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Speaker 3: March thirty first, twenty twenty three, the New York Times

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Speaker 3: reported the following quote, but he does have opinions in

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Speaker 3: the past. Mister Biden privately told his close circle of

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Speaker 3: advisers that mister Trump posed a threat to democracy and

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Speaker 3: should be prosecuted for his role in the events of

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Speaker 3: January sixth, according to two people familiar with his comments.

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Speaker 3: Amazing the same two people keep popping up. He also

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Speaker 3: told confidence that he wanted Attorney General Merrick B. Garland

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Speaker 3: to stop acting like a ponderous judge and to take

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Speaker 3: decisive action. This has been over and over again, the

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Speaker 3: approach of the White House and the approach of Joe Biden.

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Speaker 3: He believes DOJ and the FBI and all of the

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Speaker 3: machinery of government is part of his partisan apparatus to

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Speaker 3: attack his enemies and to protect himself above all else.

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Speaker 1: Senator.

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Speaker 2: One other thing I want to ask you when it

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Speaker 2: comes to this story. Axios came out and they are

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Speaker 2: now basically reporting that it is a five alarm fire

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Speaker 2: inside the White House's press department. Right now, it is

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Speaker 2: a five alarm fire because the White House is now

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Speaker 2: in this impossible position to fight to defend Biden's competency,

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Speaker 2: his fitness to be president of the United States of America,

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Speaker 2: and the damage control doesn't seem to be playing well

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Speaker 2: with new pulling out and the Sunday morning shows. We're

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Speaker 2: talking about this, Joe Biden has lost the media on

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Speaker 2: this front as well, and it matters because his team

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Speaker 2: is scrambling to counter the her report.

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Speaker 1: They say the president.

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Speaker 2: Is an elderly man with a great memory. Right, that's

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Speaker 2: Joe Biden's word, but the report said it's an elderly

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Speaker 2: man with poor memory.

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Speaker 1: You've seen a lot.

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Speaker 2: Of these political stories and how the tides can turn quickly.

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Speaker 2: Is this going to be the undoing of the Biden

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Speaker 2: presidential campaign?

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Speaker 1: Can they overcome this?

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Speaker 2: I know the aids are trying, but it seems like

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Speaker 2: they've completely lost control of the story.

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Speaker 3: Look, this is a political crisis from their perspective. What happened?

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Speaker 3: You know, there's an old line that a gaff in

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Speaker 3: Washington is when a politician accidentally tells the truth. In

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Speaker 3: this instance, the Department of Justice of Joe Biden accidentally

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Speaker 3: told the truth and they're now dealing with with with

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Speaker 3: a political emergency.

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Speaker 1: What to do about it?

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Speaker 3: Biden responded by holding a press conference in which his

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Speaker 3: his meandering, rambling answers confirmed everything said in the Special

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Speaker 3: Council report, and including at one point one of the

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Speaker 3: elements of the report that demonstrated why his memory was

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Speaker 3: so failing. Is it said he could not remember when

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Speaker 3: his son had died. And when Biden is defending that,

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Speaker 3: he points to some rosary beads that that that that

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Speaker 3: he wore, that that were given to him, and he said,

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Speaker 3: we're given to me by where we were given to

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Speaker 3: me by. And then he can't remember, can't remember what

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Speaker 3: the details are about the rosary beads. That, to put

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Speaker 3: it mildly, is not a good look when you're trying

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Speaker 3: to demonstrate that you have a good enough memory to function.

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Speaker 3: If you can't actually remember your response to that attack,

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Speaker 3: that's a problem.

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Speaker 2: It is a problem, and it's going to be one

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Speaker 2: that I think it's going to be a big advantage

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Speaker 2: for Donald Trump moving forward. I want to also get

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Speaker 2: into two other major stories here that need to be

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Speaker 2: on everyone's radar screen.

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Speaker 3: And by the way, let me say something real quick also.

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Speaker 3: So I was yesterday down at mar Lago with President Trump,

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Speaker 3: and I'll tell you I couldn't help but think the

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Speaker 3: contrast between the two men, because even though Donald Trump

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Speaker 3: is just slightly younger than Joe Biden, he was his

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Speaker 3: usual self. He was on the ball and quick and

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Speaker 3: ready to fight and strong. And the contrast to the

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Speaker 3: incredible loss of faculties from Joe Biden. It really struck me.

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Speaker 3: I spent quite quite a while with President Trump last night,

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Speaker 3: and it is night and day, and I think that

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Speaker 3: is going to be evident to the voters every day

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Speaker 3: from now until election day.

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Speaker 2: When you spoke with him quickly, I just want to

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Speaker 2: ask you what was his mood about this election?

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Speaker 1: I mean, he's under fire all over the place.

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Speaker 2: We're going to talk in a moment about the Supreme

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Speaker 2: Court and what's going to happen there with Colorado and

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Speaker 2: your predictions on that.

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Speaker 1: But what was his demeanor?

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Speaker 5: Like?

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Speaker 3: Very positive, very confident. He was in a good mood.

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Speaker 3: He was laughing, he was feeling good. He was he

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Speaker 3: was having dinner at dinner at Marlago. He was having

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Speaker 3: dinner with with with Milania and with with Baron Trump.

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Speaker 5: Barons.

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Speaker 3: Now like six foot eight is really a tall kid,

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Speaker 3: and he was in good spirits all night.

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Speaker 2: That I want to move to Colorado real quick and

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Speaker 2: talk about this, this Donald Trump versus Colorado Supreme Court.

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Speaker 2: The Supreme Court heard the Trump ballot oral arguments. The

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Speaker 2: justices appeared very skeptical of removing him from the ballot,

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Speaker 2: not just in Colorado, but it seemed like in theory

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Speaker 2: anywhere in the country, this is what you had predicted,

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Speaker 2: And you said you were hoping that we would have

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Speaker 2: a Niner decision. Some of these on the left were

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Speaker 2: actually out there attacking Colorado's arguments. Give a recap of

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Speaker 2: kind of now what your thoughts are and what happened

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Speaker 2: in court.

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Speaker 3: Well, I think the oral argument very much confirmed what

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Speaker 3: you and I said on this podcast. The day after

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Speaker 3: the Colorado Supreme Court decision came down. I said in

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Speaker 3: that immediate next podcast, I said, this decision is an outrage.

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Speaker 3: It is lawless, It is completely contrary to the rule

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Speaker 3: of awe of the Constitution, and it is the gravest

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Speaker 3: assault on democracy of our lifetimes. And I predicted then,

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Speaker 3: I said, the Supreme Court will take the case. They

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Speaker 3: will schedule it quickly for decision, for oral argument, they

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Speaker 3: will decide it quickly. They will reverse this decision. And

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Speaker 3: I said at the time, I think there's a very

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Speaker 3: significant chance that they reverse it unanimously. Well, almost every

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Speaker 3: element of that prediction has already come true. They took it,

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Speaker 3: they took it quickly, they scheduled it for an exceptionally

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Speaker 3: accelerated oral argument. It was argued on February eighth. The

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Speaker 3: justices right now, I think, are scrambling to write their opinions.

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Speaker 3: I expect a decision from the Supreme Court within the

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Speaker 3: next couple of weeks. I think as quickly as they

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Speaker 3: can get the opinion finished, they'll get it out. But

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Speaker 3: I do think they will feel some real urgency. I

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Speaker 3: think we will have a decision in the month of February,

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Speaker 3: and I continue to think there is a very real

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Speaker 3: chance that it is a unanimous decision. The oral argument,

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Speaker 3: every one of the justices who ask questions express serious

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Speaker 3: skepticism as to the position of Colorado, and it's worth

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Speaker 3: let's just play play some of these exchanges. So let's play,

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Speaker 3: for example, Justice Katanji Brown Jackson.

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Speaker 6: From rising again in the context of these sort of

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Speaker 6: vocal elections as opposed to focusing on the presidency.

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Speaker 5: Well, two points on that Justice Jackson.

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Speaker 7: First is that, as I discussed earlier, there isn't the

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Speaker 7: same history of states regulating ballot access at this time,

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Speaker 7: So ballot access rules to restrict presidential candidates wouldn't have

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Speaker 7: wouldn't have existed, they wouldn't have been raised.

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Speaker 5: One way or another right.

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Speaker 6: But I'm not making a distinction between ballot access and

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Speaker 6: anything else.

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Speaker 5: We'll understood.

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Speaker 7: But the more broad point I want to make is

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Speaker 7: that what is very clear from the history is that

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Speaker 7: the Framers were concerned about charismatic rebels who might rise

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Speaker 7: through the ranks up to and including the presidency of

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Speaker 7: the United States.

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Speaker 6: But then why didn't they put the word president in

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Speaker 6: the very enumerated list in section three. The thing that

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Speaker 6: really is troubling to me is, I totally understand your argument,

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Speaker 6: but they were listing people that were barred, and president

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Speaker 6: is not there, and so I guess that just makes

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Speaker 6: me worry that maybe they weren't focusing on the president.

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Speaker 6: And for example, the fact that electors of vice president

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Speaker 6: and president are there suggests that really what they thought was,

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Speaker 6: if we're worried about the charismatic person, we're going to

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Speaker 6: bar insurrectionist electors, and therefore that person is never going

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Speaker 6: to rise.

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Speaker 7: This came up in the debates in Congress over section three,

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Speaker 7: where Reverty Johnson said, why haven't you included president and

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Speaker 7: vice president in the language? And Senator Moral responds, we

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Speaker 7: have look at the language any office under the United

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Speaker 7: States yes.

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Speaker 6: But doesn't that at least suggest ambiguity and this sort

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Speaker 6: of ties into Justice Kavanaughs point. In other words, we

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Speaker 6: had a person right there at the time saying what

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Speaker 6: I'm saying. The language here doesn't seem to include president.

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Speaker 6: Why is that? And so if there's an ambiguity, why

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Speaker 6: would we construe it to as Justice Kavanaugh pointed out

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Speaker 6: against democracy.

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Speaker 7: Well, Reverty Johnson came back and agreed with that, reading

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Speaker 7: any office is clear.

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Speaker 5: The Constitution says about twenty times.

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Speaker 6: No, I'm not going to die. So let me just

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Speaker 6: say so, your point is that it's that there's no

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Speaker 6: ambiguity with having a list and not having president in it,

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Speaker 6: with having a history that suggests that they were really

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Speaker 6: focused on local concerns in the.

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Speaker 1: South considered she wasn't having it at all.

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Speaker 3: Yeah, looks there are times at Supreme Court arguments where

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Speaker 3: justices try to hide where they're coming from. That's not

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Speaker 3: one of them. That's one of the central arguments being

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Speaker 3: made by Trump. It's one of the central arguments that

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Speaker 3: I made in the amicus brief that I filed on

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Speaker 3: behalf of some one hundred and seventy members of Congress,

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Speaker 3: which is that President of the United States is not

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Speaker 3: enumerated in Article fourteen, Section three and does not fall

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Speaker 3: within the broader and more general terms. And that is

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Speaker 3: emphatically what she's saying. Now, give a listen to Justice

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Speaker 3: Gorsicch and he's coming every bit as hard.

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Speaker 2: All right, take a listen real quick to Justice Neil

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Speaker 2: Gorschitz at the Supreme Court, back and forth with Colorado's attorneys.

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Speaker 8: He speaks about disqualification from holding office. You say he

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Speaker 8: is disqualified from holding office from the moment it happens, correct,

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Speaker 8: but nevertheless it operates. You say that there's no legislation necessary.

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Speaker 8: I thought that was a whole theory of your case,

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Speaker 8: and no procedures. It happens automatically.

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Speaker 7: Well, certainly you need a procedure in order to have

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Speaker 7: any remedy to enforce the disqualification.

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Speaker 8: Which I under that's a whole separate question. That's the

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Speaker 8: day fact of done. More here, Okay, put that aside.

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Speaker 8: He's disqualified from the moment self executing done. And I

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Speaker 8: would think that a person who would receive a direction

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Speaker 8: from that the president, former president, in your view would

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Speaker 8: be free to act as he or she wishes without

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Speaker 8: regard to that individual.

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Speaker 7: I don't think so, because I think again, the the

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Speaker 7: officer doctrine would nevertheless come into play to say this.

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Speaker 8: Is now the fact that that doesn't work, mister Murray,

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Speaker 8: because the fact the officer is to ratify the conduct

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Speaker 8: that's done afterwards and insulate it from judicial review.

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Speaker 9: Put that aside. I'm not going to say it again.

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Speaker 9: Put it aside, Okay.

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Speaker 8: I think justice leaders ask a very different question, and

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Speaker 8: more pointed one and more difficult one for you, I understand,

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Speaker 8: but I think it deserves an answer. On your theory,

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Speaker 8: would anything compel a lower official to obey an order

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Speaker 8: from in your view, the former president.

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Speaker 7: I'm imagining a situation where, for example, a former president

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Speaker 7: was you know, a president was elected and they were

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Speaker 7: twenty five and they were ineligible to unless.

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Speaker 8: We're talking about sections, and please don't change the hypothetical. Okay,

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Speaker 8: Please don't change the hypothetical. I know I like doing

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Speaker 8: it too, but please don't do it.

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Speaker 9: Okay.

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Speaker 8: The point I'm trying to make is he's disqualified from

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Speaker 8: the moment he committed an insurrection. Whoever it is, whichever

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Speaker 8: party that happens.

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Speaker 9: Boom, it happened.

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Speaker 8: What would compel And I'm not going to say it again,

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Speaker 8: So just try and answer the question. If you don't

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Speaker 8: have to answered fair enough, we'll move on what will

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Speaker 8: compel a lower official.

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Speaker 9: To obey an order from that individual?

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Speaker 7: Because ultimately we have we have statutes and rules center

441
00:23:14,880 --> 00:23:17,120
Speaker 7: for many people that made me have never heard oral

442
00:23:17,240 --> 00:23:18,040
Speaker 7: arguments before.

443
00:23:18,080 --> 00:23:20,600
Speaker 2: There's no cameras in the court, but there is this audio.

444
00:23:21,320 --> 00:23:23,760
Speaker 2: This is what I would refer to as a beat down.

445
00:23:24,160 --> 00:23:28,040
Speaker 3: Yes, look that was brutal. And the basic back and

446
00:23:28,080 --> 00:23:30,840
Speaker 3: forth we're hearing is typical of oral arguments. You know,

447
00:23:31,080 --> 00:23:33,440
Speaker 3: people think of a Supreme Court argument and they often

448
00:23:33,480 --> 00:23:39,320
Speaker 3: imagine some grand oration. They imagine, you know, doctor King,

449
00:23:39,480 --> 00:23:42,199
Speaker 3: I have a dream. They imagine, you know, John F.

450
00:23:42,280 --> 00:23:46,359
Speaker 3: Kennedy giving some rousing speech. But that's not what Supreme

451
00:23:46,359 --> 00:23:51,160
Speaker 3: Court argument is. It is typically two lawyers standing there.

452
00:23:51,280 --> 00:23:55,240
Speaker 3: Usually they have thirty minutes each, and they are laying

453
00:23:55,280 --> 00:23:58,240
Speaker 3: out arguments as to where why their side should prevail.

454
00:23:58,280 --> 00:24:02,120
Speaker 3: And almost the entire argument consists of the nine justices

455
00:24:02,160 --> 00:24:05,119
Speaker 3: asking questions and asking very difficult questions. And you're hearing

456
00:24:05,160 --> 00:24:08,240
Speaker 3: that back and forth, and it shows the weaknesses of

457
00:24:08,280 --> 00:24:10,920
Speaker 3: the arguments. Now, in that instance, Justice Gorsa just saying,

458
00:24:10,960 --> 00:24:14,240
Speaker 3: look to the Colorado lawyer, your theory is the instant

459
00:24:14,280 --> 00:24:18,920
Speaker 3: and insurrection happens, and a president participates in it that instant,

460
00:24:18,960 --> 00:24:22,520
Speaker 3: that president is no longer eligible to be president, and

461
00:24:22,520 --> 00:24:26,720
Speaker 3: in fact he cannot hold the office instantaneously. And also

462
00:24:26,800 --> 00:24:30,040
Speaker 3: your theory is that it is self executing, which means

463
00:24:30,040 --> 00:24:32,600
Speaker 3: Congress does not need to pass any legislation to get

464
00:24:32,600 --> 00:24:34,919
Speaker 3: forced to it, to give a procedure to it. It

465
00:24:35,160 --> 00:24:39,720
Speaker 3: just in the ether instantaneously makes him you're not president anymore.

466
00:24:39,760 --> 00:24:43,280
Speaker 3: And so he's asking him, well, if by operation of

467
00:24:43,320 --> 00:24:46,240
Speaker 3: the Constitution, in that instant he's not president, why would

468
00:24:46,400 --> 00:24:49,919
Speaker 3: anyone in the government listen to him from that moment on?

469
00:24:50,119 --> 00:24:54,439
Speaker 3: And the lawyer had no answer to that. He couldn't

470
00:24:54,520 --> 00:24:57,880
Speaker 3: give any He tried to dodge, he tried to change

471
00:24:57,560 --> 00:25:01,800
Speaker 3: the hypothetical. That did not go, well, yes, that's not

472
00:25:01,840 --> 00:25:03,359
Speaker 3: what you put on your resume one day.

473
00:25:03,400 --> 00:25:05,560
Speaker 1: If you're arguing on behalf the Colorado voters.

474
00:25:05,800 --> 00:25:07,280
Speaker 2: The part where he's like, I know what you're trying

475
00:25:07,320 --> 00:25:08,800
Speaker 2: to do here, but don't do that again.

476
00:25:08,880 --> 00:25:09,280
Speaker 1: Stop it.

477
00:25:09,359 --> 00:25:11,960
Speaker 2: If you can't answer move on. That's the beat down

478
00:25:11,960 --> 00:25:12,879
Speaker 2: at the Supreme Court.

479
00:25:13,119 --> 00:25:15,720
Speaker 3: Yeah, and here listen to a little bit more from

480
00:25:15,840 --> 00:25:19,080
Speaker 3: Justice Gore such on a similar line of questioning.

481
00:25:19,520 --> 00:25:20,560
Speaker 9: That this court is held.

482
00:25:21,440 --> 00:25:24,199
Speaker 8: You're not contesting this or asking us to revisit that

483
00:25:24,280 --> 00:25:26,640
Speaker 8: decision in Thornton or term limits or whatever you want

484
00:25:26,680 --> 00:25:28,800
Speaker 8: to call it, that it has to come from some

485
00:25:29,080 --> 00:25:30,840
Speaker 8: federal constitutional authority.

486
00:25:30,960 --> 00:25:32,160
Speaker 5: No, we are not your on it. Okay.

487
00:25:32,560 --> 00:25:37,080
Speaker 8: And here we're not talking about the qualifications clause. Right,

488
00:25:37,760 --> 00:25:40,640
Speaker 8: nobody's talking about whether he's thirty five years.

489
00:25:40,400 --> 00:25:44,359
Speaker 9: Old or natural borns, about whatever. Right, not an issue, okay.

490
00:25:44,720 --> 00:25:48,800
Speaker 8: We're talking about something under the fourteenth Amendment and Section three.

491
00:25:49,040 --> 00:25:51,080
Speaker 8: So that's where you have to find your authority.

492
00:25:51,200 --> 00:25:51,400
Speaker 9: Right.

493
00:25:52,440 --> 00:25:55,119
Speaker 7: We find our authority in an Article two in state's plenary

494
00:25:55,200 --> 00:25:56,399
Speaker 7: power to run their.

495
00:25:56,240 --> 00:25:58,879
Speaker 8: Election federal election. But this is for a federal office.

496
00:25:58,880 --> 00:26:01,240
Speaker 8: It has to come from the content Institution. And you're

497
00:26:01,280 --> 00:26:03,520
Speaker 8: seeking to enforce Section three.

498
00:26:04,640 --> 00:26:08,040
Speaker 7: We're suggesting that in their broad power to determine them

499
00:26:08,080 --> 00:26:11,360
Speaker 7: to select presidential electors in any manner they see fit,

500
00:26:11,880 --> 00:26:14,600
Speaker 7: they can take account of Section three and apply Section three.

501
00:26:14,680 --> 00:26:16,040
Speaker 9: Could they do it without Section three?

502
00:26:16,080 --> 00:26:20,879
Speaker 8: Could they disqualify somebody for a you know, on whatever

503
00:26:20,920 --> 00:26:24,040
Speaker 8: basis they wanted outside of the qualifications clause.

504
00:26:24,480 --> 00:26:25,800
Speaker 5: That would run into term limits.

505
00:26:26,119 --> 00:26:28,800
Speaker 8: We think so, right, So it has to come back

506
00:26:28,840 --> 00:26:32,600
Speaker 8: to section three. And if that's true, how does that

507
00:26:32,760 --> 00:26:36,760
Speaker 8: work given that section three speaks about holding office, now

508
00:26:36,800 --> 00:26:39,439
Speaker 8: who may run for office. There's a point mister Mitchell

509
00:26:39,480 --> 00:26:40,800
Speaker 8: was making earlier, and I just wanted to give you

510
00:26:40,840 --> 00:26:42,639
Speaker 8: a chance to respond to it, because it seems to

511
00:26:42,680 --> 00:26:45,879
Speaker 8: me that you know that you're asking to enforce in

512
00:26:45,920 --> 00:26:51,679
Speaker 8: an election something context a provision to constitution that speaks

513
00:26:51,680 --> 00:26:55,240
Speaker 8: to holding office. So it's different than the qualifications clause,

514
00:26:55,560 --> 00:26:58,119
Speaker 8: which is all about who can run and then serve.

515
00:26:58,280 --> 00:27:01,359
Speaker 7: Yeah, I don't know that it is for other qualifications

516
00:27:01,359 --> 00:27:05,200
Speaker 7: for office. Similarly, talk about eligibility for the office. There's

517
00:27:05,280 --> 00:27:08,720
Speaker 7: nothing unconstitutional about a thirty year old trying to get

518
00:27:08,760 --> 00:27:09,080
Speaker 7: on them.

519
00:27:09,000 --> 00:27:12,640
Speaker 8: Except for this disability can be removed right under section three.

520
00:27:12,800 --> 00:27:14,080
Speaker 9: That's what's different about it.

521
00:27:14,600 --> 00:27:16,760
Speaker 2: I mean, he's not letting up there. And these are

522
00:27:16,880 --> 00:27:19,800
Speaker 2: really not that hard a questions. It's just when you

523
00:27:19,880 --> 00:27:22,960
Speaker 2: have not a lot to back it up in Colorado,

524
00:27:23,200 --> 00:27:24,040
Speaker 2: you're in trouble.

525
00:27:24,560 --> 00:27:28,360
Speaker 3: Well, they are hard questions because Colorado's argument is stupid.

526
00:27:29,080 --> 00:27:32,760
Speaker 3: It's just not right. It's not what the Constitution says.

527
00:27:32,880 --> 00:27:37,800
Speaker 3: You had four partisan Democrat justices in Colorado who hate

528
00:27:37,800 --> 00:27:40,560
Speaker 3: Donald Trump, and they hate Donald Trump so much that

529
00:27:40,600 --> 00:27:43,560
Speaker 3: they're willing to say to the voters of Colorado, you

530
00:27:43,640 --> 00:27:46,760
Speaker 3: don't get to vote for him. I hate him so much,

531
00:27:46,880 --> 00:27:51,080
Speaker 3: I'm scared you voters might choose to vote for this man.

532
00:27:51,200 --> 00:27:53,880
Speaker 3: So I'm going to take him away. But it does

533
00:27:53,920 --> 00:27:56,200
Speaker 3: not have a basis in the text of the Constitution,

534
00:27:56,320 --> 00:27:59,200
Speaker 3: which is why Colorado's position is going to lose, all.

535
00:27:59,200 --> 00:28:01,119
Speaker 2: Right, which, by the way, is why I have to

536
00:28:01,119 --> 00:28:04,800
Speaker 2: play Quarence Thomas, one of your favorite justices here going

537
00:28:04,840 --> 00:28:07,879
Speaker 2: back and forth with Jason Murray, and he asked a

538
00:28:08,040 --> 00:28:12,520
Speaker 2: very simple question, and it's one that was just brilliantly

539
00:28:12,560 --> 00:28:14,800
Speaker 2: done by Clarence Thomas, and I want to get your

540
00:28:14,800 --> 00:28:15,600
Speaker 2: reaction to it.

541
00:28:15,680 --> 00:28:16,240
Speaker 1: Listen to this.

542
00:28:17,400 --> 00:28:21,640
Speaker 10: The concern was that the former Confederate States would continue

543
00:28:21,720 --> 00:28:25,960
Speaker 10: being bad actors, and the effort was to prevent them

544
00:28:26,000 --> 00:28:28,679
Speaker 10: from doing this. And you're saying that, well, this also

545
00:28:28,840 --> 00:28:33,800
Speaker 10: authorized states to disqualify candidates. What I'm asking you for,

546
00:28:34,240 --> 00:28:36,720
Speaker 10: if you are right, what are the examples?

547
00:28:37,560 --> 00:28:40,480
Speaker 7: Well, your one of the examples are states excluded many

548
00:28:40,520 --> 00:28:44,120
Speaker 7: candidates for state office, individuals holding state offices.

549
00:28:44,160 --> 00:28:47,080
Speaker 5: We have a number of published cases of states.

550
00:28:47,240 --> 00:28:53,720
Speaker 10: I understand that, I understand the states controlling state elections

551
00:28:53,760 --> 00:28:57,520
Speaker 10: and state positions. What we are talking about here are

552
00:28:57,640 --> 00:29:04,640
Speaker 10: national candidates. I understand you look at Phoner or Foot,

553
00:29:04,640 --> 00:29:09,120
Speaker 10: Selby Foot or McPherson. They all talk about, of course,

554
00:29:09,160 --> 00:29:12,160
Speaker 10: the conflict after the Civil War, and there were people

555
00:29:12,200 --> 00:29:17,880
Speaker 10: who felt very strongly about retaliating against the South, the

556
00:29:18,000 --> 00:29:22,840
Speaker 10: radical Republicans, but they did not think about authorizing the

557
00:29:22,920 --> 00:29:25,840
Speaker 10: South to disqualify national candidates.

558
00:29:26,280 --> 00:29:28,120
Speaker 9: And that's the argument you're making.

559
00:29:28,320 --> 00:29:30,440
Speaker 10: And what I would like to know is you give

560
00:29:30,720 --> 00:29:33,760
Speaker 10: is do you have any examples of this?

561
00:29:34,320 --> 00:29:36,880
Speaker 7: Many of those historians have filed briefs in our support

562
00:29:37,200 --> 00:29:40,400
Speaker 7: in this case, making the point that the idea of

563
00:29:40,440 --> 00:29:43,240
Speaker 7: the fourteenth Amendment was that both states and the federal

564
00:29:43,280 --> 00:29:45,959
Speaker 7: government would ensure rights, and that if states failed to

565
00:29:45,960 --> 00:29:49,040
Speaker 7: do so, the federal government certainly would also step in.

566
00:29:49,320 --> 00:29:51,760
Speaker 7: But I think the reason why there aren't examples of

567
00:29:51,800 --> 00:29:54,720
Speaker 7: states doing this is in idiosyncratic one of the fact

568
00:29:54,720 --> 00:29:56,640
Speaker 7: that elections worked differently back then.

569
00:29:57,000 --> 00:29:57,760
Speaker 5: States have a.

570
00:29:57,800 --> 00:30:03,200
Speaker 7: Background power under Article two tenth Amendment to run presidential elections.

571
00:30:03,480 --> 00:30:06,800
Speaker 7: They didn't use that power to police ballot access until

572
00:30:06,800 --> 00:30:10,320
Speaker 7: about the eighteen nineties, and by the eighteen nineties everyone

573
00:30:10,320 --> 00:30:12,719
Speaker 7: had received amnesty and these issues had become moot.

574
00:30:13,040 --> 00:30:16,320
Speaker 2: I mean, it's amazing that Colorado took it this far,

575
00:30:16,400 --> 00:30:19,880
Speaker 2: because to me, this seems like there's a decent chance

576
00:30:19,960 --> 00:30:21,560
Speaker 2: this could be exactly what you thought.

577
00:30:21,960 --> 00:30:24,160
Speaker 1: It could be a unanimous decision or even an eight

578
00:30:24,160 --> 00:30:24,560
Speaker 1: to one.

579
00:30:25,240 --> 00:30:28,600
Speaker 3: Well, and to underscore that, so we played. Obviously, Justice

580
00:30:28,640 --> 00:30:33,840
Speaker 3: Thomas and Justice Gorsich are conservatives. But let's listen now

581
00:30:33,880 --> 00:30:36,360
Speaker 3: to Justice Elena Kagan. And remember what I said at

582
00:30:36,360 --> 00:30:39,240
Speaker 3: the outset, which is that I believe this had a

583
00:30:39,320 --> 00:30:41,480
Speaker 3: very good chance of being unanimous. I think the Chief

584
00:30:41,600 --> 00:30:44,719
Speaker 3: Justice desperately wants it to be unanimous, and I think

585
00:30:44,800 --> 00:30:47,080
Speaker 3: the way it gets to be unanimous, in particular, is

586
00:30:47,120 --> 00:30:50,320
Speaker 3: the Chief Justice goes to Elena Kagan, who I think

587
00:30:50,440 --> 00:30:53,560
Speaker 3: is the smartest of the liberal justices. She was the

588
00:30:53,600 --> 00:30:56,480
Speaker 3: former dean of the Harvard Law School. She was former

589
00:30:56,520 --> 00:30:59,560
Speaker 3: Solicitor General of the United States. She's very very smart.

590
00:31:00,040 --> 00:31:04,320
Speaker 3: Listen to Justice Kagan asking the Colorado lawyer Jason Murray questions.

591
00:31:04,360 --> 00:31:06,360
Speaker 2: If you're like me, you probably start off your morning

592
00:31:06,360 --> 00:31:08,240
Speaker 2: with a really good cup of coffee. And if you

593
00:31:08,280 --> 00:31:10,080
Speaker 2: don't get that good cup of coffee, you're probably a

594
00:31:10,080 --> 00:31:12,680
Speaker 2: little irritable. Now, look, I start my morning early. I

595
00:31:12,720 --> 00:31:15,240
Speaker 2: start on the radio at seven AM. I have got

596
00:31:15,240 --> 00:31:18,040
Speaker 2: to be awake and be in a great place to

597
00:31:18,120 --> 00:31:20,080
Speaker 2: get the show going. And if I don't have a

598
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599
00:31:22,960 --> 00:31:24,800
Speaker 2: I get my cup of coffee in the morning, I

600
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601
00:31:27,040 --> 00:31:27,760
Speaker 2: getting my money.

602
00:31:27,880 --> 00:31:30,320
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603
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604
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606
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607
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608
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609
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610
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616
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617
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629
00:32:44,240 --> 00:32:48,320
Speaker 2: a listen to this very interesting back and forth between

630
00:32:48,480 --> 00:32:51,400
Speaker 2: Justice Kagan and the Colorado lawyer Jason Murray.

631
00:32:51,760 --> 00:32:54,520
Speaker 7: Justice Kavanaugh, there has to be some process for determining

632
00:32:54,560 --> 00:32:57,600
Speaker 7: those questions, and then the question becomes, does anything in

633
00:32:57,640 --> 00:33:00,800
Speaker 7: the fourteenth Amendment say that only cat Ungress can create

634
00:33:00,840 --> 00:33:04,080
Speaker 7: that process? And Section five very clearly is not an

635
00:33:04,080 --> 00:33:05,080
Speaker 7: exclusive provision.

636
00:33:05,120 --> 00:33:07,080
Speaker 5: It says Congress shall have power.

637
00:33:07,240 --> 00:33:10,440
Speaker 11: It maybe put most boldly, I think that the question

638
00:33:10,600 --> 00:33:13,560
Speaker 11: that you have to confront is why a single state

639
00:33:13,600 --> 00:33:16,880
Speaker 11: should decide who gets to be president of the United States.

640
00:33:17,200 --> 00:33:19,400
Speaker 11: In other words, you know, this question of whether a

641
00:33:19,440 --> 00:33:24,240
Speaker 11: former president is disqualified for insurrection to be president again

642
00:33:24,800 --> 00:33:28,560
Speaker 11: is just say it. It sounds awfully national to me.

643
00:33:29,640 --> 00:33:32,479
Speaker 11: So whatever means there are to enforce, it would suggest

644
00:33:32,480 --> 00:33:36,200
Speaker 11: that they have to be federal national means. Why does

645
00:33:36,720 --> 00:33:38,840
Speaker 11: you know if you weren't from Colorado when you were

646
00:33:38,880 --> 00:33:43,280
Speaker 11: from Wisconsin, or you were from Michigan, and it really,

647
00:33:43,400 --> 00:33:46,360
Speaker 11: you know, what the Michigan Secretary of State did is

648
00:33:46,440 --> 00:33:50,600
Speaker 11: going to make the difference between you know, whether candidate

649
00:33:50,640 --> 00:33:52,760
Speaker 11: A is elected or Candidate B is elected.

650
00:33:53,120 --> 00:33:56,680
Speaker 7: Matt seems quite extraordinary, doesn't it, no, your honor, because

651
00:33:56,720 --> 00:33:59,480
Speaker 7: ultimately it's this court that's going to decide that question

652
00:33:59,520 --> 00:34:03,640
Speaker 7: a federal constitutional eligibility and settle the issue for the nation.

653
00:34:03,840 --> 00:34:07,400
Speaker 7: And certainly it's not unusual that questions of national importance

654
00:34:07,520 --> 00:34:07,920
Speaker 7: come up.

655
00:34:08,080 --> 00:34:11,080
Speaker 11: Well, it's suppose this court would be saying something along

656
00:34:11,120 --> 00:34:13,040
Speaker 11: the lines of that a state has the power to

657
00:34:13,080 --> 00:34:15,680
Speaker 11: do it. But I guess I was asking you to

658
00:34:15,760 --> 00:34:17,840
Speaker 11: go a little bit further and saying why should that

659
00:34:17,880 --> 00:34:21,200
Speaker 11: be the right rule? Why should a single state have

660
00:34:21,320 --> 00:34:25,279
Speaker 11: the ability to make this determination not only for their

661
00:34:25,320 --> 00:34:27,439
Speaker 11: own citizens, but for the rest of the nation.

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00:34:28,480 --> 00:34:31,759
Speaker 7: Because Article two gives them the power to appoint their

663
00:34:31,760 --> 00:34:34,399
Speaker 7: own electors as they see fit. But if they're going

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00:34:34,440 --> 00:34:39,640
Speaker 7: to use a federal constitutional qualification as a ballot access determinant,

665
00:34:39,840 --> 00:34:42,840
Speaker 7: then it's creating a federal constitutional question that then this

666
00:34:43,040 --> 00:34:47,040
Speaker 7: court decides and other court's other states. If this Court

667
00:34:47,040 --> 00:34:50,600
Speaker 7: affirms the decision below determining that President Trump is ineligible

668
00:34:50,880 --> 00:34:53,680
Speaker 7: to be president, other states would still have to determine

669
00:34:53,680 --> 00:34:56,520
Speaker 7: what effect that would have on their own states law

670
00:34:56,560 --> 00:34:57,400
Speaker 7: and state procedure.

671
00:34:57,960 --> 00:35:01,360
Speaker 2: I mean if we affirmed I mean Center, even she

672
00:35:02,160 --> 00:35:03,960
Speaker 2: someone you would expect would be on the side of

673
00:35:03,960 --> 00:35:05,640
Speaker 2: Colorado not really having it either.

674
00:35:06,040 --> 00:35:06,239
Speaker 5: Yeah.

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00:35:06,480 --> 00:35:10,000
Speaker 3: Look, and as I said, I don't think any justices

676
00:35:10,040 --> 00:35:11,799
Speaker 3: are going to vote with Colorado. I think we're going

677
00:35:11,880 --> 00:35:15,320
Speaker 3: to see in all likelihood of unanimous decision. And she's

678
00:35:15,360 --> 00:35:18,760
Speaker 3: focusing on you know, earlier we played Katanji Brown Jackson,

679
00:35:18,800 --> 00:35:21,360
Speaker 3: and she was focusing on the fact that that president

680
00:35:21,440 --> 00:35:24,240
Speaker 3: is not an officer that has specified in the Fourteenth Amendment,

681
00:35:24,280 --> 00:35:27,960
Speaker 3: Section three. Justice Kaige's pointing out, well, why does one

682
00:35:28,000 --> 00:35:29,600
Speaker 3: state get to do this? And if one state gets

683
00:35:29,600 --> 00:35:31,680
Speaker 3: to do it, couldn't another state do something different? What

684
00:35:31,680 --> 00:35:34,799
Speaker 3: do you do with that? And let's let's do one

685
00:35:34,840 --> 00:35:38,200
Speaker 3: other clip which emphasizes that point. And you remember we

686
00:35:38,239 --> 00:35:41,799
Speaker 3: did an entire podcast talking about the amicus brief that

687
00:35:41,840 --> 00:35:44,399
Speaker 3: I filed. And this was an argument that I made

688
00:35:44,440 --> 00:35:46,480
Speaker 3: on behalf of one hundred and seventy members of Congress,

689
00:35:46,520 --> 00:35:49,560
Speaker 3: and I think it's a really powerful argument. Let's listen

690
00:35:49,600 --> 00:35:52,920
Speaker 3: to Justice Alito asking about that argument in particular.

691
00:35:53,600 --> 00:36:00,040
Speaker 12: Thank you, Thank you, Counsel Justice Thomas, Justice Alito, I

692
00:36:00,040 --> 00:36:03,719
Speaker 12: suppose there's a country that proclaims again and again and

693
00:36:03,760 --> 00:36:07,800
Speaker 12: again that the United States is its biggest enemy.

694
00:36:08,040 --> 00:36:11,200
Speaker 13: And suppose that the President of the United States, for

695
00:36:11,719 --> 00:36:15,239
Speaker 13: diplomatic reasons, think that it's in the best interests of

696
00:36:15,280 --> 00:36:20,680
Speaker 13: the United States to provide funds or release funds so

697
00:36:20,760 --> 00:36:24,520
Speaker 13: that they can be used by that country. Could a

698
00:36:24,719 --> 00:36:28,920
Speaker 13: state determine that that person has given aid and comfort

699
00:36:29,000 --> 00:36:32,440
Speaker 13: to the enemy and therefore keep that person off the ballot.

700
00:36:33,080 --> 00:36:33,759
Speaker 5: No, you're on earth.

701
00:36:34,040 --> 00:36:36,600
Speaker 7: This Court has never interpreted the aid and comfort language,

702
00:36:36,600 --> 00:36:38,040
Speaker 7: which also is present.

703
00:36:38,239 --> 00:36:43,319
Speaker 3: So that's another enormous problem. With Colorado's argument, which is

704
00:36:43,360 --> 00:36:46,600
Speaker 3: that if Colorado is able to throw Donald Trump off

705
00:36:46,600 --> 00:36:48,920
Speaker 3: the ballot, you're going to see other states act. You're

706
00:36:48,920 --> 00:36:51,480
Speaker 3: going to see red states throw Joe Biden off the ballot.

707
00:36:51,719 --> 00:36:54,920
Speaker 3: And the hypothetical that Sam Alito asked, it's a very

708
00:36:54,920 --> 00:36:59,319
Speaker 3: good hypothetical. He's obviously talking about Iran, and Iran is

709
00:36:59,400 --> 00:37:02,759
Speaker 3: led by an Eyela who chanced death to America, who

710
00:37:02,800 --> 00:37:07,200
Speaker 3: has murdered hundreds upon hundreds of servicemen and women, American

711
00:37:07,239 --> 00:37:10,920
Speaker 3: servicemen and women, who's the biggest funder of state funder

712
00:37:10,920 --> 00:37:14,480
Speaker 3: of terrorism in the world. And Joe Biden has flowed

713
00:37:14,520 --> 00:37:18,600
Speaker 3: one hundred billion dollars to the IYAHTOLA. Now, as Justice

714
00:37:18,640 --> 00:37:22,279
Speaker 3: Alito pointed out, Biden argues it's for diplomatic reasons. But

715
00:37:23,520 --> 00:37:27,360
Speaker 3: under the argument of Colorado, you could some other state

716
00:37:27,440 --> 00:37:29,880
Speaker 3: could say, well, no, we conclude you're giving aid and

717
00:37:29,920 --> 00:37:32,200
Speaker 3: comfort to our enemy, so Joe Biden is off the ballot.

718
00:37:32,800 --> 00:37:36,120
Speaker 3: And the lawyer's answer was just well, no, no, no, no,

719
00:37:36,160 --> 00:37:39,360
Speaker 3: that's a different provision. So no, no, we like Joe Biden,

720
00:37:39,400 --> 00:37:42,719
Speaker 3: so you can't do that. I think that demonstrates that

721
00:37:43,840 --> 00:37:47,840
Speaker 3: the theory behind this decision is insupportable, and it leads

722
00:37:47,880 --> 00:37:52,279
Speaker 3: to chaos, and it fundamentally leads to judges battling each

723
00:37:52,320 --> 00:37:57,200
Speaker 3: other to decide elections rather than the voters deciding elections.

724
00:37:57,239 --> 00:37:59,960
Speaker 3: And so I'm going to reiterate, I think the chances

725
00:38:00,400 --> 00:38:04,680
Speaker 3: that the US Supreme Court reverses this decision are one

726
00:38:04,760 --> 00:38:09,600
Speaker 3: hundred percent, and I think the chances are significant more

727
00:38:09,719 --> 00:38:13,080
Speaker 3: likely than not that the decision will be unanimous, and

728
00:38:13,120 --> 00:38:15,399
Speaker 3: I think we will get it this month, the month

729
00:38:15,440 --> 00:38:16,080
Speaker 3: of February.

730
00:38:16,440 --> 00:38:18,479
Speaker 1: It's going to be very interesting to watch. Don't forget.

731
00:38:18,520 --> 00:38:21,960
Speaker 2: As always, we do this show on Monday, Wednesday and Fridays.

732
00:38:22,320 --> 00:38:24,840
Speaker 2: Make sure you hit that follow button if you're listening

733
00:38:24,880 --> 00:38:28,680
Speaker 2: on Apple or subscribe or auto download button wherever you

734
00:38:28,760 --> 00:38:32,120
Speaker 2: get your podcasts, and we do a week in review

735
00:38:32,280 --> 00:38:34,200
Speaker 2: if anything you miss that. We talked about biging the

736
00:38:34,200 --> 00:38:36,320
Speaker 2: week on Saturdays as well, so if you want to

737
00:38:36,360 --> 00:38:39,080
Speaker 2: get that as well, it is auto downloadable as at

738
00:38:39,120 --> 00:38:43,040
Speaker 2: any time. Just hit that button wherever you get your podcasts,

739
00:38:43,040 --> 00:38:44,640
Speaker 2: and Senator and I will see you back here on

740
00:38:44,680 --> 00:38:45,440
Speaker 2: Wednesday morning,