WEBVTT - Will Schumer REFUSE to Try Mayorkas, plus the Media Turns on Biden 0:00:01.480 --> 0:00:01.880 Welcome. 0:00:01.880 --> 0:00:04.359 It is his verdict with Senator Ted Cruz Ben Ferguson 0:00:04.400 --> 0:00:06.480 with you and Senator we have got a lot to 0:00:06.519 --> 0:00:09.200 talk about it, especially with the border. As you're hearing 0:00:09.200 --> 0:00:11.719 from many Texans that are frustrated with what's going on. 0:00:12.200 --> 0:00:14.880 Well, that's exactly right. I'm in South Texas right now. 0:00:15.040 --> 0:00:19.079 Next week, the Senate will receive articles of impeachment for 0:00:19.120 --> 0:00:21.960 Alejandro Majorcas and the Senate will have to act on it. 0:00:22.239 --> 0:00:24.239 We're going to do a deep dive tonight on what 0:00:24.480 --> 0:00:27.920 to expect in the impeachment trial of Alejandro Mayorcis, how 0:00:27.960 --> 0:00:30.720 the Democrats are going to try to avoid this, cover 0:00:30.800 --> 0:00:35.360 it up, hide it, how Chuck Schumer plans to ignore 0:00:35.560 --> 0:00:39.680 the constitutional responsibility of the Senate, and everything to know 0:00:39.720 --> 0:00:42.400 about what to expect next week. We're also going to 0:00:43.040 --> 0:00:46.599 examine how the media is turning on Joe Biden. It's 0:00:46.600 --> 0:00:49.320 truly quite remarkable. The New York Times, the Washington Post, 0:00:49.640 --> 0:00:52.760 they've all suddenly discovered the guys old. Apparently he wasn't 0:00:52.760 --> 0:00:56.040 old a few weeks ago, but it just struck him 0:00:56.040 --> 0:00:59.920 out of nowhere. And it sure seems like rats are 0:01:00.120 --> 0:01:04.440 are fleeing a sinking ship in a way that makes 0:01:04.440 --> 0:01:05.440 you wonder what's next. 0:01:05.680 --> 0:01:08.360 Yeah, wait till you hear these headlines that they're actually printing. 0:01:08.400 --> 0:01:10.640 They've never done this before. The bidens. Before we get 0:01:10.680 --> 0:01:12.880 into the border issue in my orchis, let me tell 0:01:12.880 --> 0:01:15.280 you about our friends at Patriot Mobile. If you have 0:01:15.400 --> 0:01:18.120 a cell phone, listen up. It is time for you 0:01:18.160 --> 0:01:22.360 to vote and switch with your dollars to a company 0:01:22.360 --> 0:01:24.960 that stands for what you believe in. Get away from 0:01:25.120 --> 0:01:28.880 woke Big Mobile. 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Next week the Senate will receive the articles of 0:03:15.600 --> 0:03:21.280 impeachment and the Senate will return from recess on February 0:03:21.280 --> 0:03:25.040 twenty sixth, and under the Senate rules, when the Senate 0:03:25.120 --> 0:03:28.560 receives articles of impeachment. The next thing that happens is 0:03:28.600 --> 0:03:31.679 that senators are sworn in as jurors the next day, 0:03:33.440 --> 0:03:37.840 and a trial is supposed to proceed. However, Chuck Schumer 0:03:37.880 --> 0:03:40.080 has made clear he doesn't want to have a trial. 0:03:40.640 --> 0:03:43.080 He doesn't want anyone in America to know about the 0:03:43.120 --> 0:03:46.560 absolute disaster that is unfolding on our southern border. And 0:03:46.640 --> 0:03:50.280 so what Schumer is indicated he intends to do is 0:03:50.920 --> 0:03:55.720 use a procedural mechanism called tabling the articles of impeachment. 0:03:55.760 --> 0:03:57.800 What does it mean to table the articles of impeachment? 0:03:57.840 --> 0:04:00.760 It means he wants the Senate to vote no, we're 0:04:00.760 --> 0:04:02.840 not going to take these up. In other words, he 0:04:02.880 --> 0:04:06.600 wants the Senate not to adjudicate the articles of impeachment 0:04:06.600 --> 0:04:10.760 at all, not to conclude guilty or not guilty, simply 0:04:10.880 --> 0:04:13.240 to table it on a party line vote and move on. 0:04:13.800 --> 0:04:16.160 And the purpose of this, look, we've talked a lot 0:04:16.200 --> 0:04:20.200 on this podcast about how the disaster on the southern border. 0:04:20.240 --> 0:04:23.040 You cannot defend it on the merits, you cannot defend 0:04:23.040 --> 0:04:26.320 it on the substance. The Democrats have one strategy, and 0:04:26.360 --> 0:04:28.760 one strategy only, and that is hide it from the 0:04:28.800 --> 0:04:32.119 American people. In order to hide it from the American people. 0:04:32.160 --> 0:04:35.480 They need to make sure that the average person doesn't 0:04:35.520 --> 0:04:40.560 know the human suffering that the Democrats open borders are causing. 0:04:41.440 --> 0:04:45.680 That's why Schumer wants to table the articles of impeachment 0:04:45.720 --> 0:04:48.880 at the outset, never have a trial, never hear the evidence, 0:04:48.920 --> 0:04:52.320 never consider anything, and never put any Senator on record 0:04:52.680 --> 0:04:57.800 adjudicating the claims. And so, in response to that, Mike 0:04:57.920 --> 0:05:01.600 Lee and I together led a letter to Mitch McConnell, 0:05:01.640 --> 0:05:04.159 and it's a letter that was signed by thirteen senators 0:05:04.640 --> 0:05:08.520 and it calls on Mitch McConnell to stand up and 0:05:08.600 --> 0:05:14.000 fight for the Senate to fulfill our constitutional obligation under 0:05:14.040 --> 0:05:17.800 the terms of the Constitution, when the House impeaches, we 0:05:17.920 --> 0:05:22.080 have an obligation to conduct a trial and to adjudicate 0:05:22.360 --> 0:05:26.039 the guilt or innocence of the individual who's impeached. And 0:05:26.160 --> 0:05:29.240 Chuck Schumer is trying to, for the first time in 0:05:29.279 --> 0:05:32.919 our country's history in over two hundred years, refuse to 0:05:33.000 --> 0:05:36.599 adjudicate an article of impeachment. Simply table it, make it 0:05:36.640 --> 0:05:39.760 go away, say never mind, nothing to see here, and 0:05:40.400 --> 0:05:43.279 give every Democrat senator a get out of jail free 0:05:43.279 --> 0:05:46.560 pass by avoiding the need for them to give an 0:05:46.600 --> 0:05:48.120 answer on guilt or innocence. 0:05:48.640 --> 0:05:51.719 Let's talk about what this try would look like and explain, 0:05:51.839 --> 0:05:54.600 because this is not saying it's happened in my lifetime. 0:05:55.400 --> 0:05:57.960 It's something it's very rare when it's a cabinet member 0:05:58.000 --> 0:06:01.960 obviously throughout history. But let's talk about what a trial 0:06:02.000 --> 0:06:04.400 would actually look like. Does it look very much like 0:06:04.480 --> 0:06:07.480 what we've seen before when it comes to an impeachment 0:06:07.560 --> 0:06:09.040 trial for a president. 0:06:09.400 --> 0:06:12.719 Well, it potentially does, but there are differences. So, for example, 0:06:12.760 --> 0:06:16.279 the Constitution specifies that when the president of the United 0:06:16.279 --> 0:06:19.640 States is impeached, the Chief Justice of the United States 0:06:20.040 --> 0:06:23.640 will preside. By the way, interesting trivia, do you know 0:06:23.680 --> 0:06:25.560 what the title of John Roberts is? 0:06:26.600 --> 0:06:27.080 What is it? 0:06:27.960 --> 0:06:30.719 John Roberts is the Chief Justice of the United States. 0:06:30.839 --> 0:06:33.000 He is not the Chief Justice of the United States 0:06:33.000 --> 0:06:37.400 Supreme Court. Just like Joe Biden is the President of 0:06:37.440 --> 0:06:39.920 the United States, John Roberts is the Chief Justice of 0:06:39.960 --> 0:06:43.600 the United States. That that is the formal and technical title. 0:06:44.880 --> 0:06:49.000 The Constitution provides the Chief Justice will preside over the 0:06:49.000 --> 0:06:52.880 impeachment trial of a president. Because obviously may orcus is 0:06:52.920 --> 0:06:56.480 not a president. The Chief Justice will not preside. Instead, 0:06:57.080 --> 0:07:01.520 the trial is typically presided over over by the President 0:07:01.560 --> 0:07:04.640 pro tem, which right now is Patty Murray, Democrat, senator 0:07:05.279 --> 0:07:09.000 from Washington State. Now, when it comes to cabinet members, 0:07:09.720 --> 0:07:15.320 impeaching cabinet members is exceptionally rare. In fact, this is 0:07:15.360 --> 0:07:18.680 only the second time in history the House is impeached 0:07:18.680 --> 0:07:24.559 a cabinet member, and even that is overstating it because 0:07:24.600 --> 0:07:28.560 the last Cabinet secretary to be impeached was Secretary of 0:07:28.640 --> 0:07:31.560 War William Belknap, and that was in eighteen seventy six. 0:07:33.200 --> 0:07:37.679 Now what's interesting about Belknap is right before the House 0:07:37.760 --> 0:07:41.840 voted to impeach him, Belknap resigned. So may Orcas is 0:07:41.880 --> 0:07:46.840 actually the first sitting cabinet member ever to be impeached. 0:07:47.560 --> 0:07:52.840 And in terms of how the trial will proceed, the 0:07:52.880 --> 0:07:55.960 Senate is not obligated to hold a full trial on 0:07:56.000 --> 0:07:59.600 the floor of the Senate, as the Senate does for 0:07:59.640 --> 0:08:02.080 them each man of a president. And so, for example, 0:08:02.080 --> 0:08:06.320 in past impeachments, a number of judges have impeached, and 0:08:06.600 --> 0:08:11.200 what the Senate has done in the past is appointed 0:08:11.560 --> 0:08:15.800 an impeachment committee to conduct the trial, and typically that 0:08:15.840 --> 0:08:19.720 committee consists of an equal number of Republicans and Democrats, 0:08:19.760 --> 0:08:22.240 members of both parties, and so it can be a 0:08:22.280 --> 0:08:26.160 smaller group of the Senate that conducts the trial. But 0:08:26.560 --> 0:08:29.920 what has always happened is that the House managers get 0:08:29.920 --> 0:08:32.480 to present their evidence, they get to prosecute the case, 0:08:32.520 --> 0:08:33.880 they get to put on the trial. 0:08:34.520 --> 0:08:36.000 And what has. 0:08:35.960 --> 0:08:40.800 Also always happened is the Senators adjudicate. All one hundred 0:08:40.880 --> 0:08:45.800 senators ultimately adjudicate guilt or innocence. So if the Senate 0:08:45.800 --> 0:08:50.400 appoints an impeachment committee, that committee makes a recommendation to 0:08:50.440 --> 0:08:52.920 the Senate, but then every Senator goes on record voting. 0:08:52.960 --> 0:08:55.959 What Schumer is trying to do. He knows that if 0:08:55.960 --> 0:08:58.320 there's a trial, even of a smaller committee than the 0:08:58.320 --> 0:09:04.480 full Senate, that that will force press coverage of the 0:09:04.720 --> 0:09:08.760 absolute disaster Mayorcus has been, the disaster Biden has been, 0:09:09.200 --> 0:09:12.880 the open border chaos they have produced. And Schumer doesn't 0:09:12.880 --> 0:09:15.240 want anyone to know that. And so, as I said, 0:09:15.280 --> 0:09:18.400 what he wants to do is instead just right at 0:09:18.440 --> 0:09:21.599 the outset before anything starts, say we're not going to 0:09:21.640 --> 0:09:23.680 hear any evidence, We're not going to have a trial. 0:09:24.160 --> 0:09:26.360 The House managers are not going to present the evidence 0:09:26.360 --> 0:09:29.200 they don't get to prosecute the case. No senator is 0:09:29.200 --> 0:09:31.880 going to vote guilty or not guilty. We're simply going 0:09:31.920 --> 0:09:33.480 to vote to table and make it go away. 0:09:33.920 --> 0:09:38.760 Now, there's been a lot of media Republican establishment rhinotypes 0:09:38.760 --> 0:09:41.800 had been out there saying this is a terrible decision 0:09:41.920 --> 0:09:44.800 by conservatives to do this, that this is we already 0:09:44.800 --> 0:09:47.640 know what the outcome of the vote's gonna be. This 0:09:47.720 --> 0:09:51.959 is going to be an embarrassing moment slash failure, and 0:09:52.040 --> 0:09:54.200 so why the hell are they doing this. If that 0:09:54.400 --> 0:09:57.679 was the case, then Democrats wouldn't be fighting this. I 0:09:57.960 --> 0:10:00.679 don't think this is a mistake, do you all? I mean, 0:10:00.720 --> 0:10:04.480 this is about national security as well, and that's something 0:10:04.480 --> 0:10:08.920 that the media and these Republican talking heads I think 0:10:08.960 --> 0:10:12.040 they're forgetting that. This is about someone that is not 0:10:12.800 --> 0:10:16.720 enforcing the laws of land, not protecting a country, having 0:10:16.760 --> 0:10:20.800 an open border policy, deliberately not getting rid of people 0:10:20.840 --> 0:10:22.440 that come in this country and break our. 0:10:22.400 --> 0:10:23.960 Laws who are here illegally. 0:10:24.400 --> 0:10:26.800 And on top of all that, it's a national security 0:10:26.800 --> 0:10:29.439 issue from the domestic from the terrorists on the terrorists 0:10:29.440 --> 0:10:32.760 watch lists that are coming across the border at staggering numbers. 0:10:33.040 --> 0:10:35.680 Yeah, So I don't know who's been going on TV 0:10:35.840 --> 0:10:39.480 saying that. So I can say this with complete free 0:10:39.480 --> 0:10:42.120 conscience because I don't know who I'm talking about. But 0:10:42.240 --> 0:10:45.040 anyone who says that is a blithering idiot with an 0:10:45.040 --> 0:10:50.360 IQ below room temperature. To say it is a mistake 0:10:51.320 --> 0:10:54.960 to impeach Alejandro Majorcas for aiding and embedding a criminal 0:10:54.960 --> 0:10:59.079 invasion of the United States of America by global cartels 0:10:59.120 --> 0:11:01.960 that have sent ten million people illegally into this country, 0:11:02.200 --> 0:11:05.000 that are bringing murderers and rapists and gang members into 0:11:05.000 --> 0:11:08.840 this country, that are abusing children, that are raping women, 0:11:09.160 --> 0:11:13.080 that are potentially smuggling in Hamas and hezbel a terrorist. 0:11:13.679 --> 0:11:16.360 To say that it is a mistake for Republicans to 0:11:16.400 --> 0:11:18.839 fight for the House to impeach may orchis They should 0:11:18.840 --> 0:11:20.960 have done this two years ago. You and I have 0:11:21.000 --> 0:11:23.320 both been calling for this for two years. And in 0:11:23.400 --> 0:11:28.199 the Senate, look is the Chuck Schumer Democrat Senate going 0:11:28.240 --> 0:11:31.840 to vote to convict No, obviously not why Because the 0:11:31.880 --> 0:11:34.439 Democrats are partisan hacks. They don't care about the facts, 0:11:34.440 --> 0:11:36.559 they don't care about the truth. They are going to 0:11:36.640 --> 0:11:39.760 vote with the Democrats because that's what Democrats do. When 0:11:39.800 --> 0:11:43.400 Schumer cracks the whip, every Democrat obeys that's what's going 0:11:43.440 --> 0:11:48.040 to happen. But why is it that Biden has been 0:11:48.080 --> 0:11:50.240 able to get away with this? So the biggest reason 0:11:50.360 --> 0:11:53.560 is the media is utterly corrupt and they don't cover this. 0:11:53.760 --> 0:11:56.760 If you watch Fox News, if you watch News Max 0:11:56.880 --> 0:11:59.560 roy In, if you listen to Verdict, you know about 0:11:59.600 --> 0:12:02.760 what's happen at the border. But if you watch CNN 0:12:03.120 --> 0:12:06.920 or MSNBC or ABCNBCCBS, if you read the Washington Post 0:12:07.200 --> 0:12:10.360 or the New York Times, there is no border crisis. 0:12:10.400 --> 0:12:13.640 Nothing is happening. The corrupt corporate media covers it up. 0:12:13.720 --> 0:12:17.040 The reason this impeachment is important is to put the 0:12:17.080 --> 0:12:20.160 evidence before the American people. And I got to say, 0:12:20.360 --> 0:12:24.440 and it's why. You know, the amazing thing is the 0:12:24.520 --> 0:12:27.160 Democrats get this. Why do you think Schumer wants to 0:12:27.200 --> 0:12:29.880 table this at the outset because he knows a trial 0:12:29.920 --> 0:12:34.920 would be terrible? Why because the facts are terrible. What 0:12:35.000 --> 0:12:39.359 they are doing, the Democrats are doing is grossly inhumane. 0:12:39.440 --> 0:12:43.800 It is cruel, It is evil. Schumer and Biden do 0:12:43.840 --> 0:12:46.959 not want the American people to know that, so they 0:12:46.960 --> 0:12:48.920 want the issue to go away. But I got to say, 0:12:48.920 --> 0:12:53.320 any Republican that, like a docile little sheep, rolls over 0:12:53.400 --> 0:12:56.920 and starts buying the hell is wrong with them. And 0:12:56.960 --> 0:12:59.640 there's a reason thirteen of us wrote a letter to 0:12:59.640 --> 0:13:03.839 our hip, because Republican leadership, when they see a fight, 0:13:04.080 --> 0:13:08.120 typically turn around and charge the opposite direction. And so 0:13:08.240 --> 0:13:12.360 we ought to stand united and say, listen, we have 0:13:12.520 --> 0:13:16.040 a constitutional obligation. Listen, I'm going to read you the 0:13:16.120 --> 0:13:18.320 letter we sent, because it's not a long letter. Dear 0:13:18.400 --> 0:13:21.720 Leader McConnell. Our Republican colleagues in the House have recently 0:13:21.760 --> 0:13:25.319 passed two articles of impeachment against Department of Homeland Security 0:13:25.360 --> 0:13:30.280 Secretary Alejandro Majorcas for willful and systemic refusal to comply 0:13:30.400 --> 0:13:33.520 with the law, as well as the breach of public trust. 0:13:34.320 --> 0:13:37.720 These articles will soon be transmitted to the Senate. It 0:13:37.800 --> 0:13:41.160 is imperative that the Senate Republican Conference prepared to fully 0:13:41.240 --> 0:13:46.960 engage our constitutional duty and hold a trial. According to 0:13:47.000 --> 0:13:51.240 multiple briefings by your staff, Majority Leader Schumer and Senate 0:13:51.240 --> 0:13:54.560 Democrats intend to dispose with the articles of impeachment simply 0:13:54.600 --> 0:14:00.000 by tabling both individually. This is an action rarely contemplated 0:14:00.080 --> 0:14:03.319 it and never taken by the US Senate in the 0:14:03.360 --> 0:14:06.640 history of our republic. It remains to be seen if 0:14:06.679 --> 0:14:09.160 the Senate rules will even allow us to brush aside 0:14:09.160 --> 0:14:11.880 our duty in this manner. But one thing is sure. 0:14:12.559 --> 0:14:17.160 If a similar strategy was contemplated by Senate Republicans when 0:14:17.240 --> 0:14:20.040 we were in the majority with a Republican occupying the 0:14:20.080 --> 0:14:24.600 White House, the opposition would be fierce and the volume 0:14:24.680 --> 0:14:28.840 from Democrats would be deafening. We call on you to 0:14:29.000 --> 0:14:31.920 join us in our efforts to jettison this approach by 0:14:31.960 --> 0:14:37.040 Democrats to shirk their constitutional duty, ensure that the Senate 0:14:37.080 --> 0:14:41.440 conducts a proper trial, and that every Senator, Republican and Democrat, 0:14:41.920 --> 0:14:45.720 adjudicates this matter. When the Senate returns and Mike Lee 0:14:45.760 --> 0:14:48.520 and I let it signed by a total of thirteen Senators. 0:14:49.200 --> 0:14:51.800 I want to ask you about strategy here of laying 0:14:51.840 --> 0:14:54.160 this out to the American people, because that's going to 0:14:54.160 --> 0:14:56.720 be obviously something we got to get right at the 0:14:56.840 --> 0:15:00.880 very beginning. As you know, Republicans sometime are accused of 0:15:00.880 --> 0:15:03.280 screwing up the basics. So I want to get your 0:15:03.280 --> 0:15:05.640 perspective on what the strategies to be laying the south 0:15:05.680 --> 0:15:08.120 of the American people that maybe haven't been listening to 0:15:08.120 --> 0:15:10.920 this podcast or watching as you mentioned Fox or News 0:15:10.920 --> 0:15:13.640 Max or on. Let me first say about Freedom Gold 0:15:13.680 --> 0:15:16.320 though real quick. If you have been looking at what's 0:15:16.360 --> 0:15:20.000 been happening with our economy, with inflation, with the ups 0:15:20.040 --> 0:15:22.240 and downs in the stock market, you may have seen 0:15:22.480 --> 0:15:27.360 that your purchasing power has been disappearing. Well, that's happening 0:15:27.400 --> 0:15:30.760 because of inflation. 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Do you 0:17:19.920 --> 0:17:22.560 then go through the sex trafficking and the human smuggling. 0:17:22.880 --> 0:17:25.960 Do you then go to the domestic the terrorists on 0:17:26.000 --> 0:17:28.199 the terrorists watch list? Do you then go to the 0:17:28.200 --> 0:17:30.960 financial aspects? I mean, is that how we need to 0:17:31.000 --> 0:17:33.840 break this down to the American people understand just how 0:17:33.880 --> 0:17:35.080 catastrophic this is. 0:17:35.760 --> 0:17:37.760 Well, listen, what you say makes a lot of sense. 0:17:37.760 --> 0:17:39.639 And what you're doing there is telling a story. And 0:17:39.960 --> 0:17:42.719 I will say that's one thing Republicans are typically horrible 0:17:42.760 --> 0:17:45.439 at doing, is telling a story. And that's what we 0:17:45.600 --> 0:17:48.360 desperately need to do. At the end of the day, 0:17:48.440 --> 0:17:51.399 the choice of how to present the evidence is not 0:17:51.440 --> 0:17:53.720 going to be one for the Senate to make. The 0:17:53.760 --> 0:17:57.800 way an impeachment trial works, the House managers or the prosecutors, 0:17:57.800 --> 0:18:00.919 so they will present their case and will be ultimately 0:18:01.480 --> 0:18:04.160 the managers selected by the Speaker of the House, who 0:18:04.160 --> 0:18:07.560 will present the evidence and lay it out, and they 0:18:07.600 --> 0:18:10.399 could very well follow the pattern you laid out. It 0:18:10.440 --> 0:18:13.240 should be a systematic presentation of the evidence. I think 0:18:13.280 --> 0:18:16.320 it should focus on the harms. It should focus on 0:18:16.359 --> 0:18:18.640 who has heard. It should focus on the dead bodies, 0:18:18.680 --> 0:18:21.800 the biden body bags that have piled up, one after 0:18:21.840 --> 0:18:23.840 the other after the other. It should focus on the 0:18:23.960 --> 0:18:28.200 children who've been physically and sexually abused over and over 0:18:28.240 --> 0:18:30.240 and over again. It should focus on the women who've 0:18:30.240 --> 0:18:34.080 been violently raped. It should focus on the disease that 0:18:34.160 --> 0:18:36.520 has come in over an open border. It should focus 0:18:36.600 --> 0:18:41.000 on the more than one hundred thousand drug overdoses last year, 0:18:41.600 --> 0:18:44.600 the highest and recorded history, seventy percent of which came 0:18:44.600 --> 0:18:47.840 from Chinese fentanyl coming across our southern border. It should 0:18:47.840 --> 0:18:52.000 focus on the terror threat hamas Hezbela, the open borders 0:18:52.040 --> 0:18:55.080 we have, and the exposure we have to a major 0:18:55.240 --> 0:18:58.920 terrorist attack higher, I believe right now than any time 0:18:58.960 --> 0:19:02.080 since September eleventh. All of that they should do. But 0:19:03.119 --> 0:19:05.480 what Chuck Schumer's trying to do is prevent all of that. 0:19:06.520 --> 0:19:10.200 He wants to table the articles before any evidence is presented, 0:19:11.040 --> 0:19:14.280 before the Senate considers anything, and he wants to spare 0:19:14.840 --> 0:19:17.720 Democrat senators. Understand, there are a bunch of Democrat senators 0:19:17.760 --> 0:19:21.560 running in red and purple states that Schumer doesn't want 0:19:21.600 --> 0:19:24.720 to have them vote not guilty because may Orkis is 0:19:24.800 --> 0:19:28.160 obviously guilty, and so he doesn't want to get them 0:19:28.160 --> 0:19:31.080 on record and tabling it is a much simpler and 0:19:31.760 --> 0:19:33.680 less painful way to do it. Now. I can tell 0:19:33.720 --> 0:19:37.240 you a week ago, Mike Lee and I together went 0:19:37.280 --> 0:19:40.639 to the Senate Parliamentarian's office and we presented an argument, 0:19:40.720 --> 0:19:43.399 the two of us. It's quite rare for Senators to 0:19:43.440 --> 0:19:47.239 go directly to the parliamentarian. Typically, staff lawyers on our 0:19:47.280 --> 0:19:51.200 staff make those arguments. Mike and I made these arguments ourselves, 0:19:51.240 --> 0:19:53.400 and he and I have both done this a couple 0:19:53.440 --> 0:19:56.560 of different times over the last decade. But the argument 0:19:56.680 --> 0:19:59.399 we presented is we wanted to walk through the parliamentarian 0:20:00.800 --> 0:20:03.680 the history and the precedent in this case, and in 0:20:03.720 --> 0:20:07.879 particular because Schumer wants to table the articles, we wanted 0:20:07.880 --> 0:20:12.200 to underscore that in over two centuries, the Senate has 0:20:12.359 --> 0:20:17.200 never once tabled articles of impeachment. There was a previous 0:20:17.240 --> 0:20:21.399 impeachment in which the Senate tabled the procedural rules, but 0:20:21.440 --> 0:20:24.960 that's different than tabling the actual articles of impeachment refusing 0:20:24.960 --> 0:20:28.960 to adjudicate. And the point we made, which the Parliamentarian 0:20:29.000 --> 0:20:34.120 agreed with, is every single time when an impeachment came over, 0:20:34.600 --> 0:20:37.720 the Senate adjudicated the merits, it reached the merits. The 0:20:37.760 --> 0:20:41.919 one exception was a case where the individual resigned and 0:20:41.960 --> 0:20:45.160 in that case the House basically withdrew the articles of impeachment. 0:20:45.280 --> 0:20:49.160 So every time there was an impeachment and the House 0:20:49.240 --> 0:20:52.439 was pressing the impeachment, the end of it was every 0:20:52.520 --> 0:20:55.719 senator saying guilty or not guilty. And what Chuck Schumer 0:20:55.800 --> 0:20:59.000 is trying to do is throw away two hundred years 0:20:59.040 --> 0:21:02.120 of our nation's history, all in an effort to give 0:21:02.200 --> 0:21:07.760 political protection to vulnerable Democrats and to avoid any media 0:21:07.840 --> 0:21:09.840 coverage of the disaster at our southern border. 0:21:10.840 --> 0:21:13.600 One other question on this, and that is who is 0:21:13.680 --> 0:21:16.200 going to run this? I mean, will this be you 0:21:16.520 --> 0:21:21.280 and Sinerle and others heavily involved, or is this going 0:21:21.320 --> 0:21:24.480 to be lawyers representing the Republicans that would be asking 0:21:24.520 --> 0:21:26.600 the questions. How does that play out? 0:21:27.160 --> 0:21:30.080 Well, actually, when it comes to questions, unfortunately, the Senate 0:21:30.119 --> 0:21:33.640 doesn't get to ask questions. And so if you remember back, 0:21:33.680 --> 0:21:37.159 look when Verdict launched, the very first episode of this 0:21:37.240 --> 0:21:41.840 podcast was the first night of the first Trump impeachment. 0:21:42.520 --> 0:21:44.800 And if you remember what happened in impeachment number one 0:21:44.840 --> 0:21:48.480 and impeachment number two, when we sat there as jurors, 0:21:48.880 --> 0:21:52.600 we couldn't speak. Yeah, I'll admit that was frustrating. You know, 0:21:52.680 --> 0:21:55.560 among things I like to do, I do kind of 0:21:55.640 --> 0:21:56.280 enjoy talking. 0:21:56.320 --> 0:21:57.040 I do it a lot. 0:21:59.720 --> 0:22:03.280 And we were not allowed to say a word. We 0:22:03.280 --> 0:22:06.760 were to sit there and listen, and we listen to 0:22:06.800 --> 0:22:10.159 the presentation of the House impeachment managers. We listened to 0:22:10.200 --> 0:22:16.199 the presentation of the President's defense team. Now, as I 0:22:16.280 --> 0:22:20.879 discussed at great length in those Opening Verdict episodes, I 0:22:21.080 --> 0:22:26.080 spoke frequently with President Trump's defense team. And by the way, 0:22:26.800 --> 0:22:29.800 some observers said at the time, Oh, that's terrible. You're 0:22:29.800 --> 0:22:32.280 supposed to be jurors. You're supposed to be impartial, And 0:22:32.760 --> 0:22:34.919 that's not actually right. It is true that we are 0:22:35.040 --> 0:22:39.040 jurors in one sense, and that we adjudicate guilt or innocence, 0:22:39.840 --> 0:22:44.600 but senators are not designed to be impartial. Frequently in 0:22:44.640 --> 0:22:49.640 impeachment you have senators who are very close to the 0:22:49.840 --> 0:22:53.640 individual being impeached or very antagonistic to the individual being impeached. 0:22:54.040 --> 0:22:57.640 The impeachments occur in a partisan context, and senators are 0:22:57.680 --> 0:23:01.560 elected in partisan elections. The framers knew that that was 0:23:01.640 --> 0:23:05.159 the world in which impeachments would occur, and they placed 0:23:05.200 --> 0:23:08.840 it in a political body to have an exercise of judgment. 0:23:09.760 --> 0:23:14.919 Uh And and importantly, actually, during the Bill Clinton impeachment, 0:23:15.760 --> 0:23:18.960