1 00:00:00,160 --> 00:00:03,400 Speaker 1: Welcome. It is Verdict with Ted Cruz, a weekend review. 2 00:00:03,480 --> 00:00:06,080 Speaker 1: Ben Ferguson with you as always, and there are some 3 00:00:06,280 --> 00:00:08,879 Speaker 1: major stories that you may have missed that we talked 4 00:00:08,920 --> 00:00:12,960 Speaker 1: about this week. First up, what does it look like 5 00:00:13,119 --> 00:00:15,880 Speaker 1: state by state right now, especially in the swing states 6 00:00:15,920 --> 00:00:18,400 Speaker 1: when it comes to the polling with this presidential election. 7 00:00:18,600 --> 00:00:20,479 Speaker 1: We're going to break that down for you so you 8 00:00:20,560 --> 00:00:23,920 Speaker 1: know where we stand right now, just a couple less 9 00:00:23,920 --> 00:00:27,880 Speaker 1: than two months away from election day. Also, the Supreme 10 00:00:28,000 --> 00:00:32,400 Speaker 1: Court is now dealing with presidential immunity, So what does 11 00:00:32,440 --> 00:00:34,720 Speaker 1: it mean for the sitting president and what does it 12 00:00:34,760 --> 00:00:37,800 Speaker 1: mean for future presidents after the Supreme Court took a 13 00:00:37,840 --> 00:00:41,519 Speaker 1: look at this issue. We'll explain that for you. And finally, 14 00:00:41,680 --> 00:00:45,960 Speaker 1: Kamala Harris comes out she wants to end the filibuster. 15 00:00:46,320 --> 00:00:48,400 Speaker 1: So what would that look like and would it mean 16 00:00:48,479 --> 00:00:51,320 Speaker 1: that they would pack the Supreme Court? We break that 17 00:00:51,479 --> 00:00:54,120 Speaker 1: down for you as well. It is the week in 18 00:00:54,240 --> 00:00:57,920 Speaker 1: Review and it starts right now. All right, Senata, So 19 00:00:58,000 --> 00:00:59,640 Speaker 1: let's go through these states. And this is when I 20 00:00:59,640 --> 00:01:02,600 Speaker 1: said art listeners, grab your print and paper, because this 21 00:01:02,680 --> 00:01:06,480 Speaker 1: is where on election night you're gonna love watching the 22 00:01:06,520 --> 00:01:10,520 Speaker 1: results come in. With these different states and the knowledge 23 00:01:10,560 --> 00:01:12,959 Speaker 1: that we're about to give you all. 24 00:01:12,920 --> 00:01:16,440 Speaker 2: Right, so let's start with Arizona. The best way typically 25 00:01:16,520 --> 00:01:19,000 Speaker 2: to consume polling numbers is to look to the Real 26 00:01:19,040 --> 00:01:23,440 Speaker 2: Clear Politics average and so look their variations among poles. 27 00:01:23,480 --> 00:01:26,080 Speaker 2: Some polls are more accurate than others. But the way 28 00:01:26,160 --> 00:01:29,760 Speaker 2: most political professionals do is they look to the polling average, 29 00:01:29,800 --> 00:01:34,000 Speaker 2: and the theory is the averages sort of. It averages 30 00:01:34,040 --> 00:01:36,520 Speaker 2: out the ups and the downs. So if you look 31 00:01:36,520 --> 00:01:39,520 Speaker 2: to the Real Clear Politics average in Arizona, right now, 32 00:01:39,560 --> 00:01:42,160 Speaker 2: this is a race between Gayego the Democrat, and Kerry 33 00:01:42,240 --> 00:01:45,640 Speaker 2: Lake the Republican. Right now, Gayego is leading by four 34 00:01:45,680 --> 00:01:48,919 Speaker 2: point three points, So that's the average. That's the average 35 00:01:48,920 --> 00:01:50,640 Speaker 2: of the last four polls that have been done in 36 00:01:50,680 --> 00:01:54,680 Speaker 2: that race. Trump has a good chance of winning Arizona. 37 00:01:54,760 --> 00:01:58,680 Speaker 2: So right now Trump is outperforming Carrie Lake in that state, 38 00:01:58,720 --> 00:02:01,960 Speaker 2: but four points is very winnable. She can win that race. 39 00:02:02,400 --> 00:02:05,120 Speaker 2: But according to the average, right now, the Democrats are ahead. 40 00:02:05,680 --> 00:02:08,560 Speaker 2: Let's move to Michigan. So if you look at Michigan, 41 00:02:08,680 --> 00:02:13,120 Speaker 2: the two candidates are Slotkin the Democrat and Mike Rodgers 42 00:02:13,200 --> 00:02:17,680 Speaker 2: the Republican. In Michigan, the real Clear Politics average is 43 00:02:17,720 --> 00:02:20,880 Speaker 2: the Democrat at five point one percent, So again five 44 00:02:20,919 --> 00:02:24,360 Speaker 2: points is pretty close, but it does show an advantage 45 00:02:24,440 --> 00:02:28,160 Speaker 2: right now for the Democrats, and that's an average of one, two, three, four, five, six, 46 00:02:28,320 --> 00:02:32,799 Speaker 2: seven eight polls in the last month. The Democrat is 47 00:02:32,840 --> 00:02:35,520 Speaker 2: ahead by an average of five point one percent. All right, 48 00:02:35,560 --> 00:02:39,800 Speaker 2: let's go to Montana. Montana, I mentioned is the brightest 49 00:02:39,840 --> 00:02:42,800 Speaker 2: spot in terms of the pickup. This is a battle 50 00:02:42,840 --> 00:02:46,160 Speaker 2: between John Tester the Democrat, the incumbent, and Tim Sheehey 51 00:02:46,160 --> 00:02:52,720 Speaker 2: the Republican. And she He is ahead on an average 52 00:02:52,720 --> 00:02:56,520 Speaker 2: of five point two points. So that's that's sizeable. It's 53 00:02:56,600 --> 00:02:58,960 Speaker 2: not decisive. Tester could still come back and win it, 54 00:02:59,600 --> 00:03:01,720 Speaker 2: but that's it's been a consistent lead. If you look 55 00:03:01,760 --> 00:03:04,360 Speaker 2: at the last four polls, she He plus six, she 56 00:03:04,440 --> 00:03:06,359 Speaker 2: He plus seven, she He plus six, and she He 57 00:03:06,440 --> 00:03:10,160 Speaker 2: plus two, So that's been a consistent lead. All right, 58 00:03:10,240 --> 00:03:15,079 Speaker 2: Let's look to Nevada. So Nevada, the numbers are bumpier. 59 00:03:15,440 --> 00:03:19,200 Speaker 2: The incumbent is Jackie Rosen. She's a Democrat. Sam Brown 60 00:03:19,280 --> 00:03:23,680 Speaker 2: is a Republican. The real Clear Politics average is Rosen 61 00:03:23,840 --> 00:03:27,480 Speaker 2: by eight point eight percent, so that's a pretty sizable lead. 62 00:03:28,960 --> 00:03:31,880 Speaker 2: Nevada is another state where Trump is very competitive and 63 00:03:32,320 --> 00:03:35,200 Speaker 2: so he could win. Trump it may be that the 64 00:03:35,240 --> 00:03:38,520 Speaker 2: polling numbers or understating where Brown is but eight point 65 00:03:38,600 --> 00:03:43,160 Speaker 2: eight percent is there's some distance to be closed on 66 00:03:43,560 --> 00:03:44,720 Speaker 2: the average polling there. 67 00:03:45,000 --> 00:03:46,839 Speaker 1: I'll ask you this real quick before you move forward, 68 00:03:46,840 --> 00:03:48,880 Speaker 1: because it's a question. I know everybody's asking their head. 69 00:03:48,880 --> 00:03:50,360 Speaker 1: All right, you just mentioned this state, and then you 70 00:03:50,360 --> 00:03:53,960 Speaker 1: mentioned Arizona earlier where Trump is leading but Krylake is 71 00:03:54,000 --> 00:03:59,480 Speaker 1: not there. How often do you see a presidential election 72 00:03:59,640 --> 00:04:06,040 Speaker 1: cycle vo historically where the Republican wins in the state 73 00:04:06,520 --> 00:04:09,760 Speaker 1: but the person next down the bound the senate race loses, 74 00:04:09,800 --> 00:04:11,840 Speaker 1: where people walk in there yes for Trump and no 75 00:04:12,080 --> 00:04:14,640 Speaker 1: for the Senate candidate. Is that happened very often? 76 00:04:14,920 --> 00:04:19,120 Speaker 2: Yeah, that that happens with some regularity. And Trump in 77 00:04:19,560 --> 00:04:23,000 Speaker 2: most states is going to get more votes than the 78 00:04:23,040 --> 00:04:25,440 Speaker 2: down ballot Republicans. For one thing, there are people that 79 00:04:25,480 --> 00:04:29,240 Speaker 2: come in that just vote president and leave. And then 80 00:04:29,279 --> 00:04:32,080 Speaker 2: there are also there will be some voters in every 81 00:04:32,080 --> 00:04:34,680 Speaker 2: one of these states who votes for Trump at the 82 00:04:34,680 --> 00:04:38,039 Speaker 2: top of the ticket and then for a Democrat Senate candidate. 83 00:04:38,400 --> 00:04:41,320 Speaker 2: I wish they didn't. It is frustrating as all get out, 84 00:04:41,400 --> 00:04:42,920 Speaker 2: but there exists. 85 00:04:42,720 --> 00:04:45,400 Speaker 1: And to be than theird way, you're like voting against 86 00:04:45,440 --> 00:04:47,200 Speaker 1: your own interests of what you're saying you want for 87 00:04:47,240 --> 00:04:49,520 Speaker 1: the country. With the President, well he needs the votes 88 00:04:49,520 --> 00:04:51,760 Speaker 1: in the House and Senate to get that agenda done. 89 00:04:52,080 --> 00:04:55,120 Speaker 2: Yeah, and there tend to be more crossover voters who 90 00:04:55,200 --> 00:04:58,080 Speaker 2: do Trump and a Democrat Senate candidate, then there are 91 00:04:58,200 --> 00:05:01,560 Speaker 2: crossover voters who vot Kamala Hara at a Republican senator candidate. 92 00:05:01,880 --> 00:05:06,120 Speaker 2: It just at the end of the day, it has 93 00:05:06,160 --> 00:05:07,839 Speaker 2: tended to be a one way ratchet. All right, Let's 94 00:05:07,839 --> 00:05:12,280 Speaker 2: go to Ohio. Ohio is the next closest after Montana, 95 00:05:13,560 --> 00:05:16,800 Speaker 2: and the two candidates are shared Brown the Democrat, who's 96 00:05:16,800 --> 00:05:20,400 Speaker 2: the incumbent, Bernie Mourno the Republican. The real Clare Politics 97 00:05:20,440 --> 00:05:23,479 Speaker 2: average is the Democrat up by three point six percent. 98 00:05:24,120 --> 00:05:26,800 Speaker 2: So the last three polls were plus two, plus five, 99 00:05:26,839 --> 00:05:32,320 Speaker 2: plus four, So Ohio is definitely winnable. Trump is extremely 100 00:05:32,440 --> 00:05:35,560 Speaker 2: likely to win Ohio. He could win Ohio by double digits. 101 00:05:35,600 --> 00:05:40,000 Speaker 2: But right now Brown is polling substantially ahead of where 102 00:05:40,080 --> 00:05:42,840 Speaker 2: Kamala Harris is in Ohio. And so Ohio is a 103 00:05:42,920 --> 00:05:45,600 Speaker 2: state where there are a number of voters right now 104 00:05:45,640 --> 00:05:48,159 Speaker 2: who say they're voting for Donald Trump, and yet a 105 00:05:48,240 --> 00:05:51,680 Speaker 2: Democrat senator who will fight to undermine everything Trump does 106 00:05:51,720 --> 00:05:54,320 Speaker 2: every single day in the Senate, Which is why I 107 00:05:54,360 --> 00:05:56,720 Speaker 2: wish voters wouldn't do that. I don't think that makes sense, 108 00:05:56,760 --> 00:06:00,320 Speaker 2: and I think it ends up working against yourself. Less, 109 00:06:00,320 --> 00:06:05,160 Speaker 2: there's some voters that do all right. Pennsylvania. So Pennsylvania 110 00:06:05,480 --> 00:06:08,760 Speaker 2: is probably the most important battleground in the country. It 111 00:06:09,880 --> 00:06:13,000 Speaker 2: is the state most likely to decide the presidential race. 112 00:06:13,800 --> 00:06:18,200 Speaker 2: The incumbent is Bob Casey is a Democrat. Dave McCormick 113 00:06:18,279 --> 00:06:20,440 Speaker 2: the Republican, a very good friend of mine who I've 114 00:06:20,560 --> 00:06:24,800 Speaker 2: endorsed in campaigned with multiple times. Across Pennsylvania. The Real 115 00:06:24,839 --> 00:06:30,039 Speaker 2: Clear Politics average is four point nine percent. And so 116 00:06:30,160 --> 00:06:33,880 Speaker 2: starting from so back in August, there was a tie, 117 00:06:34,600 --> 00:06:37,120 Speaker 2: then Casey plus one, then Casey plus seven, then case 118 00:06:37,240 --> 00:06:40,120 Speaker 2: plus eighth andk C plus four, then Casey plus nine, 119 00:06:40,160 --> 00:06:42,559 Speaker 2: then Casey plus five, and Casey plus five, and Casey 120 00:06:42,560 --> 00:06:45,839 Speaker 2: plus five, then Casey plus nine, and then the Washington 121 00:06:45,839 --> 00:06:49,800 Speaker 2: Post the most recent poll showed it as a tie. So, look, 122 00:06:49,839 --> 00:06:53,640 Speaker 2: there's some there's some variability on that. So the last 123 00:06:53,680 --> 00:06:57,120 Speaker 2: two polls were Casey plus nined and a tie. I mean, 124 00:06:57,160 --> 00:07:01,400 Speaker 2: that's a big delta between those two. Yeah, and so, 125 00:07:03,080 --> 00:07:05,760 Speaker 2: and so it's why you tend to look to the average, 126 00:07:05,800 --> 00:07:09,080 Speaker 2: because the average kind of takes out the highs and lows. 127 00:07:09,800 --> 00:07:14,080 Speaker 2: And so four point nine percent, you would say, right now, 128 00:07:14,120 --> 00:07:16,840 Speaker 2: the Democrats have an advantage, But four point nine percent 129 00:07:16,880 --> 00:07:19,680 Speaker 2: you can definitely close between now an election day, and 130 00:07:19,720 --> 00:07:24,160 Speaker 2: I think the issue set favors us. All right, Maryland. 131 00:07:25,600 --> 00:07:28,120 Speaker 2: Maryland is a state that shouldn't be a battleground. It's 132 00:07:28,120 --> 00:07:31,160 Speaker 2: a very blue state. It is going to go it 133 00:07:31,280 --> 00:07:35,360 Speaker 2: is going to go for Kamala Harris by double digits. 134 00:07:36,240 --> 00:07:39,600 Speaker 2: And yet you've got Larry Hogan, Larry Hogan, the former governor. 135 00:07:39,640 --> 00:07:43,080 Speaker 2: There is a Republican, very popular governor running against a 136 00:07:43,120 --> 00:07:47,679 Speaker 2: Democrat also Brooks. The Real Clear Politics average is six 137 00:07:47,720 --> 00:07:51,000 Speaker 2: point eight percent. But again there's been a lot of 138 00:07:51,080 --> 00:07:55,320 Speaker 2: variability on this. So back in in August there was 139 00:07:55,360 --> 00:07:58,600 Speaker 2: a poll that was a tie, and then Democrat plus five, 140 00:07:58,680 --> 00:08:00,760 Speaker 2: Democrat plus seven, and then and there was one just 141 00:08:00,840 --> 00:08:05,680 Speaker 2: recently Democrat plus fifteen. So Maryland is a race that 142 00:08:05,800 --> 00:08:09,080 Speaker 2: is winnable. But to do that, Hogan is going to 143 00:08:09,160 --> 00:08:13,160 Speaker 2: have to outperform Trump by twenty points or more. That 144 00:08:13,240 --> 00:08:18,040 Speaker 2: ain't easy to do. That, that is a big, big delta. 145 00:08:18,120 --> 00:08:20,640 Speaker 2: He was the governor there, he was very popular and 146 00:08:22,440 --> 00:08:26,440 Speaker 2: he's the only he's the only Republican who has a 147 00:08:26,560 --> 00:08:28,960 Speaker 2: prayer to win in Maryland. But Maryland is not an 148 00:08:29,000 --> 00:08:32,319 Speaker 2: easy state for a Republican to win. And the final 149 00:08:32,360 --> 00:08:37,360 Speaker 2: battleground is Wisconsin. Wisconsin is Tammy Baldwin, a Democrat who's 150 00:08:37,400 --> 00:08:41,400 Speaker 2: the incumbent. Eric Hovedy is the Republican running against her. 151 00:08:42,160 --> 00:08:46,800 Speaker 2: The real Clear Politics average is Democrat four point six percent, 152 00:08:46,920 --> 00:08:50,880 Speaker 2: so again close winnable, but right now the Democrats have 153 00:08:50,920 --> 00:08:55,200 Speaker 2: the advantage. Although it's interesting if you look at the polls, 154 00:08:55,360 --> 00:08:57,960 Speaker 2: but going back to August, it was Democrat plus six, 155 00:08:58,000 --> 00:09:01,840 Speaker 2: Democrat plus five, Democrat plus eight, But then the last 156 00:09:01,880 --> 00:09:05,400 Speaker 2: four polls have been Democrat plus three, Democrat plus three, 157 00:09:05,400 --> 00:09:08,680 Speaker 2: Democrat plus four, Democrat plus three. So the race is 158 00:09:08,760 --> 00:09:12,640 Speaker 2: tightened in the last couple of weeks and it's about 159 00:09:12,640 --> 00:09:15,960 Speaker 2: a three and a half point differential in the last 160 00:09:16,000 --> 00:09:19,760 Speaker 2: four polls, which means Wisconsin is very winnable. And look, 161 00:09:19,800 --> 00:09:22,319 Speaker 2: every one of these states that I mentioned is winnable 162 00:09:22,360 --> 00:09:27,200 Speaker 2: by the Republicans. But for us to win, the numbers 163 00:09:27,240 --> 00:09:30,040 Speaker 2: need to shift four or five points, and to do that, 164 00:09:30,160 --> 00:09:33,520 Speaker 2: we've got to focus on the issues. And the issues 165 00:09:33,520 --> 00:09:37,480 Speaker 2: are the same issues as the presidential the economy, inflation, 166 00:09:37,640 --> 00:09:40,760 Speaker 2: illegal immigration, and crime. And if we focus on those, 167 00:09:41,880 --> 00:09:43,559 Speaker 2: I think we've got a real shot at winning every 168 00:09:43,559 --> 00:09:44,040 Speaker 2: one of those. 169 00:09:44,640 --> 00:09:47,079 Speaker 1: Now, if you want to hear the rest of this conversation, 170 00:09:47,280 --> 00:09:49,680 Speaker 1: you can go back and listen to the full podcast 171 00:09:49,720 --> 00:09:54,600 Speaker 1: from earlier this week. Now onto story number two. I 172 00:09:54,600 --> 00:09:56,680 Speaker 1: want to move on also to something else that you 173 00:09:56,800 --> 00:10:01,080 Speaker 1: mentioned earlier, and it's happened today. Uh set the stage 174 00:10:01,080 --> 00:10:05,880 Speaker 1: for everybody in Congress and explain exactly what was going on, 175 00:10:06,160 --> 00:10:08,439 Speaker 1: and it dealt with presidential immunity. 176 00:10:09,559 --> 00:10:13,160 Speaker 2: Well, Senate Democrats for two years have been engaged in 177 00:10:13,200 --> 00:10:16,959 Speaker 2: a relentless assault on the Supreme Court and trying to 178 00:10:17,040 --> 00:10:19,800 Speaker 2: undermine the Supreme Court. And so today the Senate Judiciary 179 00:10:19,800 --> 00:10:23,200 Speaker 2: Committee held a hearing on the Supreme Court's decision on 180 00:10:23,280 --> 00:10:26,360 Speaker 2: presidential immunity, and the whole purpose of the hearing was 181 00:10:26,400 --> 00:10:29,920 Speaker 2: to say that the Supreme Court decision is ridiculous, that 182 00:10:29,960 --> 00:10:32,280 Speaker 2: it's out of bounds, that it basically said Trump is 183 00:10:32,320 --> 00:10:35,800 Speaker 2: a King, that he's unaccountable, that it's some you know, 184 00:10:36,400 --> 00:10:41,440 Speaker 2: bizarre decision, and they're trying both to attack Trump and 185 00:10:41,679 --> 00:10:47,160 Speaker 2: to delegitimize the Supreme Court. And so among the witnesses 186 00:10:47,240 --> 00:10:51,480 Speaker 2: testifying was was Michael Mukasey, who was the former Attorney 187 00:10:51,480 --> 00:10:53,839 Speaker 2: General of the United States under George W. Bush, and 188 00:10:53,880 --> 00:10:56,959 Speaker 2: he was a federal judge for nearly twenty years before that, 189 00:10:57,080 --> 00:10:59,720 Speaker 2: and he was one of the witnesses. And so I 190 00:10:59,760 --> 00:11:03,920 Speaker 2: took the opportunity to actually question the former Attorney general 191 00:11:03,920 --> 00:11:08,920 Speaker 2: and to lay out the utterly false narrative the Democrats 192 00:11:08,920 --> 00:11:12,679 Speaker 2: we're putting forward. Give a listen to my questioning of 193 00:11:12,920 --> 00:11:14,120 Speaker 2: Attorney General Mucasey. 194 00:11:14,320 --> 00:11:15,240 Speaker 3: Thank you, mister Chairman. 195 00:11:15,760 --> 00:11:19,240 Speaker 2: The novel of the Democrats argument today is that the 196 00:11:19,280 --> 00:11:25,239 Speaker 2: concept of presidential immunity is somehow unprecedented, is somehow remarkable. 197 00:11:25,920 --> 00:11:29,800 Speaker 2: That claim is utterly a historical and disconnected from the 198 00:11:29,920 --> 00:11:34,640 Speaker 2: entire constitutional history of the Republic. General Mucasey before twenty 199 00:11:34,679 --> 00:11:37,320 Speaker 2: twenty three, How many times has the President of the 200 00:11:37,360 --> 00:11:41,679 Speaker 2: United States been indicted? John before twenty twenty three? How 201 00:11:41,720 --> 00:11:43,600 Speaker 2: many times has the former president of the United States 202 00:11:43,640 --> 00:11:47,959 Speaker 2: been indicted in the last two years? How many times. 203 00:11:48,040 --> 00:11:51,520 Speaker 2: Has President Donald J. Trump been indicted four times? 204 00:11:51,520 --> 00:11:51,920 Speaker 4: I believe. 205 00:11:53,040 --> 00:11:59,160 Speaker 2: Now many presidents of both parties have engaged in controversial actions. 206 00:12:00,160 --> 00:12:02,040 Speaker 3: None of them have been indicted. Let me ask you, 207 00:12:02,400 --> 00:12:03,760 Speaker 3: General mc caasey. 208 00:12:04,240 --> 00:12:08,160 Speaker 2: If a private citizen were to erect an internment camp 209 00:12:08,720 --> 00:12:13,080 Speaker 2: and to forcibly kidnap American citizens, to single them out 210 00:12:13,160 --> 00:12:16,520 Speaker 2: because of race, and to imprison them based on their race, 211 00:12:17,320 --> 00:12:20,000 Speaker 2: would that private citizen be subject to criminal prosecution? 212 00:12:20,559 --> 00:12:20,800 Speaker 4: Would? 213 00:12:21,600 --> 00:12:24,440 Speaker 2: When President Franklin delan Or Roosevelt did the exact same 214 00:12:24,480 --> 00:12:28,680 Speaker 2: thing and erected Japanese internment camps, was fdr prosecuted? 215 00:12:29,360 --> 00:12:29,760 Speaker 4: He was not. 216 00:12:30,880 --> 00:12:32,199 Speaker 3: Let me ask you. 217 00:12:32,240 --> 00:12:36,120 Speaker 2: Similarly, if a private citizen were, say, to detonate a 218 00:12:36,240 --> 00:12:40,000 Speaker 2: nuclear weapon over a city and kill over one hundred 219 00:12:40,040 --> 00:12:42,679 Speaker 2: and forty thousand people, and then if that private citizen 220 00:12:42,720 --> 00:12:46,360 Speaker 2: a few days later detonated another nuclear bomb over another 221 00:12:46,400 --> 00:12:51,120 Speaker 2: city and killed seventy five thousand people, could that private 222 00:12:51,120 --> 00:12:52,800 Speaker 2: citizen be criminally prosecuted? 223 00:12:53,040 --> 00:12:53,480 Speaker 4: He would? 224 00:12:54,760 --> 00:12:59,880 Speaker 2: Was President Harry Truman prosecuted for detonating nuclear weapons over here, 225 00:13:00,000 --> 00:13:01,160 Speaker 2: Sshima and Nagasaki? 226 00:13:01,520 --> 00:13:01,960 Speaker 4: He was not? 227 00:13:02,720 --> 00:13:03,040 Speaker 1: All right? 228 00:13:03,040 --> 00:13:03,520 Speaker 3: How about this? 229 00:13:03,600 --> 00:13:07,840 Speaker 2: If a private citizen launched a weaponized drove and killed 230 00:13:07,840 --> 00:13:13,760 Speaker 2: a United States citizen. Could that private citizen be criminally prosecuted? 231 00:13:14,280 --> 00:13:15,000 Speaker 4: He would? 232 00:13:15,960 --> 00:13:21,440 Speaker 2: Was President Barack Obama criminally prosecuted when he killed United 233 00:13:21,480 --> 00:13:25,400 Speaker 2: States citizens using drones without notice and without due process? 234 00:13:25,920 --> 00:13:29,040 Speaker 4: He was not? Although as far as due process is concerned, 235 00:13:29,080 --> 00:13:32,360 Speaker 4: I believe the comment of my successor to that question 236 00:13:32,679 --> 00:13:36,200 Speaker 4: was that anaral Alaki got quote all of the process 237 00:13:36,559 --> 00:13:37,439 Speaker 4: that was necessary. 238 00:13:38,800 --> 00:13:41,559 Speaker 2: Well, although I suspect he might disagree with that assessment 239 00:13:41,559 --> 00:13:46,800 Speaker 2: were he able to present his case. Right, all right, 240 00:13:47,920 --> 00:13:54,520 Speaker 2: Let's contrast that with the rules that govern other federal officials. 241 00:13:54,559 --> 00:13:58,200 Speaker 2: You were a judge for nineteen years as a federal judge. 242 00:13:58,840 --> 00:14:01,000 Speaker 2: Did you have in community from your. 243 00:14:00,840 --> 00:14:03,800 Speaker 4: Official acts from my official act? Yes? 244 00:14:05,120 --> 00:14:08,280 Speaker 2: Do federal prosecutors have an immunity from their official acts? 245 00:14:08,360 --> 00:14:08,600 Speaker 4: They do? 246 00:14:09,400 --> 00:14:13,200 Speaker 2: Now, the distinction between official acts and personal acts is 247 00:14:13,240 --> 00:14:17,520 Speaker 2: not a terribly shocking distinction. Under the decision of Trump 248 00:14:17,559 --> 00:14:21,880 Speaker 2: versus United States, if any president walks the walks onto 249 00:14:21,880 --> 00:14:25,520 Speaker 2: the sidewalk and just shoots a citizen, is that president 250 00:14:25,680 --> 00:14:27,400 Speaker 2: libel to be prosecuted? 251 00:14:28,040 --> 00:14:28,360 Speaker 4: He is? 252 00:14:29,880 --> 00:14:30,360 Speaker 3: How about this? 253 00:14:30,440 --> 00:14:34,800 Speaker 2: If a president steals funds from his campaign, does that 254 00:14:34,880 --> 00:14:36,840 Speaker 2: president face criminal liability? 255 00:14:36,920 --> 00:14:37,320 Speaker 4: He does. 256 00:14:38,400 --> 00:14:42,640 Speaker 2: How about this, If a president sexually assaults let's say 257 00:14:42,640 --> 00:14:47,960 Speaker 2: an intern in the Oval office, is the president subject 258 00:14:47,960 --> 00:14:49,080 Speaker 2: criminal prosecution for that? 259 00:14:49,680 --> 00:14:50,160 Speaker 4: He could be? 260 00:14:51,680 --> 00:14:57,480 Speaker 2: So that distinction, again is not a shocking distinction. The 261 00:14:57,520 --> 00:15:03,520 Speaker 2: founding fathers vested the executive power in a single president 262 00:15:03,560 --> 00:15:07,200 Speaker 2: of the United States. What we have seen in the 263 00:15:07,280 --> 00:15:12,800 Speaker 2: last two years is we have seen Democrats deliberately weaponizing 264 00:15:13,520 --> 00:15:17,680 Speaker 2: the Department of Justice and our legal system to target 265 00:15:17,720 --> 00:15:22,440 Speaker 2: their political opposition. It is not an accident that every 266 00:15:22,480 --> 00:15:28,240 Speaker 2: indictment against President Trump was brought by a Democrat and 267 00:15:28,440 --> 00:15:31,160 Speaker 2: was brought after he announced his campaign for president of 268 00:15:31,200 --> 00:15:35,160 Speaker 2: the United States. Understand, the target of those indictments was 269 00:15:35,240 --> 00:15:39,240 Speaker 2: not ultimately President Trump. It was the voters. It was 270 00:15:39,400 --> 00:15:42,800 Speaker 2: prosecutors who were terrified that the voters would choose to 271 00:15:42,840 --> 00:15:45,920 Speaker 2: re elect President Trump. One of the great things about 272 00:15:45,960 --> 00:15:48,000 Speaker 2: the United States is we're not a ban out of republic. 273 00:15:49,040 --> 00:15:51,680 Speaker 2: Since two thousand, the nation of Pakistan has had six 274 00:15:52,320 --> 00:15:57,080 Speaker 2: former prime ministers prosecuted and convicted. Brazil has had three 275 00:15:57,160 --> 00:16:01,520 Speaker 2: former presidents arrested and imprisoned. Last your, Nicaraguan president Daniel 276 00:16:01,800 --> 00:16:07,240 Speaker 2: or Tega arrested, charged, and imprisoned forty political opponents. General 277 00:16:07,320 --> 00:16:09,520 Speaker 2: Man Casey, youu are Attorney General of the United States, 278 00:16:09,520 --> 00:16:11,840 Speaker 2: it is Is it the proper role of the Department 279 00:16:11,880 --> 00:16:16,400 Speaker 2: of Justice to prosecute and target the political opponents of 280 00:16:16,440 --> 00:16:18,280 Speaker 2: whoever happens to be President of the United States? 281 00:16:18,400 --> 00:16:20,880 Speaker 4: It is most assuredly not, thank you. 282 00:16:21,760 --> 00:16:23,600 Speaker 3: He says, it most certainly is not. 283 00:16:25,240 --> 00:16:29,080 Speaker 1: But the reality is Donald Trump keeps getting attacked by 284 00:16:29,120 --> 00:16:31,080 Speaker 1: the left, and they keep trying to lock up their 285 00:16:31,120 --> 00:16:32,000 Speaker 1: political opponent. 286 00:16:32,840 --> 00:16:33,040 Speaker 4: Yeah. 287 00:16:33,120 --> 00:16:36,080 Speaker 2: No, that's exactly what they're doing. And their claim that 288 00:16:36,840 --> 00:16:40,240 Speaker 2: the ruling that a president can't be criminally prosecuted for 289 00:16:40,280 --> 00:16:43,320 Speaker 2: his official acts is contrary to the law. 290 00:16:43,320 --> 00:16:45,680 Speaker 3: It's what's why I use the examples I used. 291 00:16:46,080 --> 00:16:48,680 Speaker 2: It's why I use Look, the Japanese and Tournament Camp 292 00:16:48,800 --> 00:16:52,320 Speaker 2: presidents can do a lot of things in exercising their 293 00:16:52,320 --> 00:16:56,880 Speaker 2: official power that ordinary citizens cannot. And we would want 294 00:16:56,920 --> 00:16:59,680 Speaker 2: our commander in chief. Our commander in chief can send 295 00:16:59,720 --> 00:17:04,040 Speaker 2: our troops into combat, can use lethal force, and they 296 00:17:04,119 --> 00:17:08,760 Speaker 2: do regularly. And so the Supreme Court naturally said, well, 297 00:17:08,800 --> 00:17:12,400 Speaker 2: we don't want a situation where each new president who 298 00:17:12,400 --> 00:17:15,040 Speaker 2: comes in the first order of business is let's criminally 299 00:17:15,040 --> 00:17:18,439 Speaker 2: prosecute the last guy for the things he did as 300 00:17:18,520 --> 00:17:23,080 Speaker 2: president that I disagreed with, and so you know, the 301 00:17:23,240 --> 00:17:26,800 Speaker 2: hearing was really a dog and pony show by the 302 00:17:26,800 --> 00:17:30,120 Speaker 2: Democrats to mischaracterize the Supreme Court decision. 303 00:17:30,119 --> 00:17:31,960 Speaker 3: So I thought it was important to. 304 00:17:31,960 --> 00:17:36,199 Speaker 2: Explain the actual law in the real context. 305 00:17:36,200 --> 00:17:39,160 Speaker 1: Me let me ask you another question about this. Will 306 00:17:39,200 --> 00:17:42,680 Speaker 1: there be a correction? I mean, if Donald Trump is 307 00:17:43,160 --> 00:17:46,000 Speaker 1: the president next time, will there be a correction? Or 308 00:17:46,280 --> 00:17:49,120 Speaker 1: once the cats out of the bag, is there any 309 00:17:49,119 --> 00:17:51,320 Speaker 1: way of getting it back to where we were before 310 00:17:51,359 --> 00:17:53,960 Speaker 1: as you described it twenty twenty three. 311 00:17:54,760 --> 00:17:55,359 Speaker 3: I don't know. 312 00:17:56,119 --> 00:17:58,840 Speaker 2: I certainly hope we are not in a world where 313 00:17:58,840 --> 00:18:01,439 Speaker 2: we are a banana republic where it is routine to 314 00:18:01,480 --> 00:18:06,160 Speaker 2: prosecute your predecessors. I don't know, but I do think 315 00:18:06,200 --> 00:18:09,960 Speaker 2: the Democrats have gone down a road that it's very 316 00:18:09,960 --> 00:18:11,800 Speaker 2: hard to turn around and come back from. 317 00:18:12,560 --> 00:18:15,040 Speaker 1: Yeah, and it is going to be very very tough, 318 00:18:16,000 --> 00:18:18,199 Speaker 1: to put it mildly, to turn this thing around. And 319 00:18:18,280 --> 00:18:20,480 Speaker 1: I think once they realize they can do this, I 320 00:18:20,480 --> 00:18:23,680 Speaker 1: don't see Democrats being responsible moving forward with it. That's 321 00:18:23,720 --> 00:18:26,399 Speaker 1: my biggest concern. So is there anything we can do 322 00:18:26,480 --> 00:18:29,639 Speaker 1: to protect former presidents or it is something need to 323 00:18:29,720 --> 00:18:33,560 Speaker 1: change with the law. 324 00:18:31,920 --> 00:18:34,399 Speaker 2: Look, the biggest thing we can and should do is 325 00:18:34,440 --> 00:18:38,920 Speaker 2: reelect Donald Trump as president. Elections have consequences. We're six 326 00:18:38,960 --> 00:18:41,639 Speaker 2: weeks away from election day. The outcome of this election 327 00:18:41,880 --> 00:18:42,960 Speaker 2: matters immensely. 328 00:18:44,359 --> 00:18:45,080 Speaker 3: As before. 329 00:18:45,280 --> 00:18:47,119 Speaker 1: If you want to hear the rest of this conversation 330 00:18:47,440 --> 00:18:49,920 Speaker 1: on this topic, you can go back and dow the 331 00:18:49,960 --> 00:18:52,480 Speaker 1: podcasts from earlier this week to hear the entire thing. 332 00:18:53,800 --> 00:18:56,120 Speaker 1: I want to get back to the big story number 333 00:18:56,119 --> 00:18:59,160 Speaker 1: three of the week. You may have missed you look 334 00:18:59,160 --> 00:19:02,359 Speaker 1: at the Democrats. They have for the last several years 335 00:19:02,520 --> 00:19:06,800 Speaker 1: really been trying to undermine the Supreme Court. They have 336 00:19:07,480 --> 00:19:10,320 Speaker 1: leaked from the Supreme Court the Roe v. Wade decision, 337 00:19:10,400 --> 00:19:15,080 Speaker 1: for example. The Democrats have been trying to intimidate Supreme 338 00:19:15,119 --> 00:19:20,160 Speaker 1: Court justices, and we saw just how hostile they allowed 339 00:19:20,440 --> 00:19:23,880 Speaker 1: people to get towards the Supreme Court justice in their homes. 340 00:19:24,320 --> 00:19:28,160 Speaker 1: I mean that the media has been undermining the Supreme 341 00:19:28,200 --> 00:19:31,840 Speaker 1: Court as well and acting like the Supreme Court is 342 00:19:32,200 --> 00:19:36,280 Speaker 1: this outdated body that should be changed. So when you 343 00:19:36,440 --> 00:19:38,520 Speaker 1: say that we're one vote away and this is what 344 00:19:38,560 --> 00:19:43,200 Speaker 1: would happen, they're the ones that have been doing all 345 00:19:43,280 --> 00:19:47,040 Speaker 1: the things you would do for this possible opportunity if 346 00:19:47,119 --> 00:19:49,920 Speaker 1: it actually arises, and you can say, yeah, like we've 347 00:19:49,920 --> 00:19:51,960 Speaker 1: been saying this for years, we think the Supreme Court 348 00:19:51,960 --> 00:19:52,600 Speaker 1: should be. 349 00:19:52,480 --> 00:19:57,080 Speaker 2: Packed, right, Yeah, look that that's correct. And and here's 350 00:19:57,119 --> 00:20:00,560 Speaker 2: the math. Today there's a fifty one forty nine Democrat 351 00:20:00,600 --> 00:20:04,120 Speaker 2: majority in the Senate. However, of those fifty one, they're 352 00:20:04,119 --> 00:20:08,639 Speaker 2: two Democrats, Joe Manchin and Kirsten Cinema, who have both 353 00:20:08,760 --> 00:20:11,960 Speaker 2: voted against ending the filibuster. So Chuck Schumer tried to 354 00:20:12,040 --> 00:20:15,720 Speaker 2: end the filibuster. They had a vote on it, and 355 00:20:15,920 --> 00:20:20,280 Speaker 2: forty nine Democrats voted to end the filibuster. Had either 356 00:20:20,400 --> 00:20:23,480 Speaker 2: Mansion or Cinema flipped, they would have had the votes. 357 00:20:24,119 --> 00:20:26,480 Speaker 2: But the two of them are the only things that 358 00:20:26,560 --> 00:20:29,760 Speaker 2: stopped it. Now, I'm going to tell you something we 359 00:20:29,880 --> 00:20:32,880 Speaker 2: know for an absolute certainty, in January of next year, 360 00:20:33,600 --> 00:20:35,480 Speaker 2: neither Mansion nor Cinema will be there. 361 00:20:36,240 --> 00:20:36,960 Speaker 3: Very true. 362 00:20:37,160 --> 00:20:39,640 Speaker 2: Both of them their terms are done, neither of them 363 00:20:39,640 --> 00:20:42,440 Speaker 2: are running for reelection. It's one hundred percent they will 364 00:20:42,440 --> 00:20:46,439 Speaker 2: be gone. That means that Schumer is going into this 365 00:20:46,560 --> 00:20:51,080 Speaker 2: election with forty nine votes to end the filibuster. If 366 00:20:51,160 --> 00:20:56,199 Speaker 2: he picks up one anywhere, he gets to fifty, and 367 00:20:56,240 --> 00:20:59,640 Speaker 2: if Tim Waltz is the vice president. He has everything 368 00:20:59,680 --> 00:21:04,560 Speaker 2: he needs needs to end the filibuster. And I want 369 00:21:04,600 --> 00:21:07,240 Speaker 2: to make a point here. Also, you notice none of 370 00:21:07,240 --> 00:21:11,840 Speaker 2: the things I listed were economic. I didn't list in 371 00:21:12,200 --> 00:21:16,600 Speaker 2: the calamity in the Parade of Horribles. I didn't list 372 00:21:17,000 --> 00:21:22,720 Speaker 2: seventy percent marginal tax rates. I didn't list massively confiscatory 373 00:21:22,840 --> 00:21:29,159 Speaker 2: death taxes. I didn't list wealth taxes that tax you 374 00:21:29,320 --> 00:21:34,840 Speaker 2: on unrealized capital gains. I didn't list banning fracking and 375 00:21:34,880 --> 00:21:38,160 Speaker 2: shutting it down oil and gas exploration in the United States. 376 00:21:38,800 --> 00:21:43,800 Speaker 2: I didn't list nationalization of mineral rights. Look to be honest, 377 00:21:43,880 --> 00:21:48,760 Speaker 2: the economic stuff, the socialism that follows like night follows day, 378 00:21:48,840 --> 00:21:53,359 Speaker 2: because the Democrat's top priority, the four things I listed 379 00:21:53,400 --> 00:21:56,760 Speaker 2: are all about seizing control and making it permanent, making 380 00:21:56,800 --> 00:22:02,200 Speaker 2: it impossible that democrat ever lose. And you know, there's 381 00:22:02,200 --> 00:22:06,560 Speaker 2: something deeply Freudian about how democrats behave because they talk 382 00:22:07,000 --> 00:22:12,600 Speaker 2: incessantly about saving democracy, and yet today's Democrats are profoundly 383 00:22:12,680 --> 00:22:16,320 Speaker 2: anti democratic. Their number one priority is making it so 384 00:22:16,359 --> 00:22:19,719 Speaker 2: the voters can never ever, ever, ever ever vote them 385 00:22:19,720 --> 00:22:23,159 Speaker 2: out of power. And once they're in power, look on 386 00:22:23,240 --> 00:22:27,920 Speaker 2: the economic stuff. The only constraints are just how crazy 387 00:22:27,920 --> 00:22:31,200 Speaker 2: are Bernie Sanders and Elizabeth Warren willing to go? But 388 00:22:31,640 --> 00:22:35,800 Speaker 2: it is look at countries like Venezuela. Once you get 389 00:22:36,520 --> 00:22:41,359 Speaker 2: one party locked in power with no ability to constrain them, 390 00:22:41,800 --> 00:22:48,320 Speaker 2: the country goes downhill incredibly quickly, and I think terrible policies. 391 00:22:49,359 --> 00:22:54,520 Speaker 2: Look policies. I didn't mention gun confiscation, going after the 392 00:22:54,560 --> 00:22:58,160 Speaker 2: Second Amendment, going after religious liberty, going after the First Amendment. 393 00:22:58,400 --> 00:23:01,280 Speaker 2: They packed the Supreme Court not to have the courts 394 00:23:01,720 --> 00:23:04,119 Speaker 2: backstopping any of the rights in the Bill of Rights. 395 00:23:04,480 --> 00:23:08,080 Speaker 2: All of that happens as a matter of course. Schumer's 396 00:23:08,280 --> 00:23:12,280 Speaker 2: first focus is power, and if he can lock in 397 00:23:12,440 --> 00:23:16,320 Speaker 2: power forever, that really is the end of our democracy, 398 00:23:16,359 --> 00:23:20,119 Speaker 2: and ironically it's the number one priority of today's Democrats. 399 00:23:21,119 --> 00:23:23,760 Speaker 1: Let me go back to a very consequential vote, and 400 00:23:23,800 --> 00:23:28,159 Speaker 1: I just want to remind people perspective on this filibuster. 401 00:23:28,280 --> 00:23:32,159 Speaker 1: In the sixty plus, when we go back to Obamacare, 402 00:23:32,359 --> 00:23:35,440 Speaker 1: what was the number on Obamacare? How many votes did 403 00:23:35,800 --> 00:23:37,240 Speaker 1: that pass with? Do you remember? 404 00:23:37,960 --> 00:23:40,679 Speaker 2: Well, the way they passed to Obamacare was through a 405 00:23:40,720 --> 00:23:46,320 Speaker 2: special budget procedure called budget reconciliation and budget reconciliation is 406 00:23:46,440 --> 00:23:52,359 Speaker 2: the most important exception to the filibuster. Budget reconciliation comes 407 00:23:52,359 --> 00:23:54,960 Speaker 2: from a law called the Budget Act of nineteen seventy five, 408 00:23:55,520 --> 00:23:58,359 Speaker 2: and it's a special procedure for adopting a budget, and 409 00:23:58,560 --> 00:24:03,679 Speaker 2: under that statute, it is exempt from the filibuster, so 410 00:24:03,720 --> 00:24:05,920 Speaker 2: you can pass it with a majority. That's how they 411 00:24:05,960 --> 00:24:10,440 Speaker 2: did Obamacare, as they did it using budget reconciliation. By 412 00:24:10,480 --> 00:24:15,840 Speaker 2: the way, the Trump tax cuts were passed using budget reconciliation, 413 00:24:17,359 --> 00:24:19,800 Speaker 2: so they were not subject to the filibuster. No Democrat 414 00:24:19,880 --> 00:24:22,760 Speaker 2: voted for the Trump tax cuts. If you look at 415 00:24:22,800 --> 00:24:27,359 Speaker 2: things like the Orwellian named Inflation Reduction Act that was 416 00:24:27,400 --> 00:24:30,440 Speaker 2: passed by the Democrats using budget reconciliation. So there are 417 00:24:30,520 --> 00:24:35,000 Speaker 2: things that can be done that typically involve spending and 418 00:24:35,119 --> 00:24:40,159 Speaker 2: taxing that can be done with just fifty votes. But 419 00:24:41,119 --> 00:24:46,800 Speaker 2: the structural changes to our republic, things like the federal 420 00:24:46,800 --> 00:24:50,240 Speaker 2: takeover of all elections in this country, or adding two 421 00:24:50,280 --> 00:24:54,200 Speaker 2: new states to the Union, or granting immediate voting rights 422 00:24:54,240 --> 00:24:57,760 Speaker 2: to every illegal alien in America, that cannot be done 423 00:24:58,440 --> 00:25:02,120 Speaker 2: through budget reconciliation. Packing the Supreme Court cannot be done 424 00:25:02,400 --> 00:25:07,280 Speaker 2: through budget reconciliation. The statute lays out specific categories of 425 00:25:07,320 --> 00:25:12,040 Speaker 2: what can and can't be done through reconciliation. So the 426 00:25:12,600 --> 00:25:15,440 Speaker 2: sort of simplest way to think about it is spending 427 00:25:15,520 --> 00:25:19,600 Speaker 2: in taxes you can get around the filibuster. Everything else 428 00:25:19,680 --> 00:25:21,680 Speaker 2: as a general matter, you can't see. 429 00:25:21,720 --> 00:25:23,800 Speaker 1: And that's why I want to remind people, because we 430 00:25:23,800 --> 00:25:26,000 Speaker 1: were talking about that during the time, and it came 431 00:25:26,080 --> 00:25:28,240 Speaker 1: up that you know, the sixty votes and how important 432 00:25:28,280 --> 00:25:31,320 Speaker 1: it is, and it's a hard threshold if you change it, 433 00:25:31,359 --> 00:25:34,480 Speaker 1: and you think about how consequential, for example, Obamacare was 434 00:25:35,040 --> 00:25:37,600 Speaker 1: and during that time when there was almost a super majority, 435 00:25:37,600 --> 00:25:40,720 Speaker 1: and YadA, YadA, YadA, and you go, okay, there's a 436 00:25:40,760 --> 00:25:43,119 Speaker 1: reason why it was set up this way. The entire 437 00:25:43,320 --> 00:25:45,919 Speaker 1: United States of America's history changes if you get rid 438 00:25:45,960 --> 00:25:46,680 Speaker 1: of this. Am I wrong? 439 00:25:48,119 --> 00:25:49,160 Speaker 3: You are absolutely right. 440 00:25:49,240 --> 00:25:55,359 Speaker 2: Look, if Schumer ends the filibuster, no Republican ever wins again. 441 00:25:56,440 --> 00:25:57,879 Speaker 3: It is one party rule. 442 00:25:59,080 --> 00:26:02,720 Speaker 2: And so ask yourself, how has Hugo Chaves and Nicholas 443 00:26:02,760 --> 00:26:07,919 Speaker 2: Maduro been for Venezuela that will be and listen, some 444 00:26:07,960 --> 00:26:10,400 Speaker 2: people listening might say, oh, come on, that's too much. 445 00:26:10,480 --> 00:26:16,720 Speaker 2: You shouldn't compare Kamala Harris to Nicholas Maduro. Well, if 446 00:26:16,760 --> 00:26:20,400 Speaker 2: their policy is to lock themselves and their party into 447 00:26:20,440 --> 00:26:24,800 Speaker 2: power forever and to disempower the voters from ever ever 448 00:26:24,960 --> 00:26:27,679 Speaker 2: ever being able to take them out of power, that 449 00:26:27,840 --> 00:26:31,359 Speaker 2: is exactly what Chavez and Maduro have done. That's what 450 00:26:31,440 --> 00:26:35,320 Speaker 2: Castro have done. It is the strategy of dictators and 451 00:26:35,440 --> 00:26:40,160 Speaker 2: it is a shocking thing that today's Democrats no longer 452 00:26:40,320 --> 00:26:45,560 Speaker 2: believe in order to save democracy, they're willing to destroy democracy. 453 00:26:46,320 --> 00:26:50,240 Speaker 1: Senator, let me ask two questions to wrap this up. 454 00:26:51,240 --> 00:26:54,280 Speaker 1: There may be people that say, look, if there is 455 00:26:54,359 --> 00:26:56,879 Speaker 1: a let's say they get it and they get rid 456 00:26:56,920 --> 00:26:59,800 Speaker 1: of the filibuster, it'll come back in a couple of years. 457 00:27:00,119 --> 00:27:02,760 Speaker 1: Maybe there's like a little bit of an overreaction here. 458 00:27:03,400 --> 00:27:06,199 Speaker 1: I go back in history, and I'm a student of history. 459 00:27:06,400 --> 00:27:09,840 Speaker 1: You are, and you love history as well. When consequential 460 00:27:09,920 --> 00:27:13,800 Speaker 1: things usually happen within our government, A great example is Obamacare. 461 00:27:14,359 --> 00:27:17,280 Speaker 1: Once it's done, it is extremely hard to undo it. 462 00:27:17,760 --> 00:27:19,840 Speaker 1: And so if people think, well, maybe they do it 463 00:27:19,880 --> 00:27:21,640 Speaker 1: and we'll get it back. Maybe they throw four more 464 00:27:21,640 --> 00:27:23,359 Speaker 1: people on the Supreme Court, but we could get it 465 00:27:23,400 --> 00:27:26,560 Speaker 1: back to nine if we really wanted to. How impossible 466 00:27:26,560 --> 00:27:29,359 Speaker 1: would it be to undo some of the things you 467 00:27:29,480 --> 00:27:32,159 Speaker 1: talked about if it actually went into effect because the 468 00:27:32,200 --> 00:27:33,879 Speaker 1: Democrats win in November. 469 00:27:34,600 --> 00:27:38,040 Speaker 2: Well, understand that the four things I listed are all structural, 470 00:27:38,680 --> 00:27:42,359 Speaker 2: so once they happen, you can undo them. If you 471 00:27:42,359 --> 00:27:47,040 Speaker 2: have twenty million illegal immigrants voting Democrats win. Texas isn't 472 00:27:47,040 --> 00:27:50,840 Speaker 2: the only state that turns blue. North Carolina turns blue, 473 00:27:51,640 --> 00:27:55,920 Speaker 2: Georgia turns blue, Arizona turns blue. I mean you have 474 00:27:56,080 --> 00:27:59,520 Speaker 2: suddenly swing states that are not swing states anymore. This 475 00:27:59,560 --> 00:28:03,560 Speaker 2: is why the Democrats, they're just focused on power. You 476 00:28:03,640 --> 00:28:06,919 Speaker 2: look at if it's right, DC will elect Democrats for 477 00:28:06,960 --> 00:28:10,080 Speaker 2: all eternity if it becomes a state. Puerto Rico, I 478 00:28:10,080 --> 00:28:12,960 Speaker 2: don't think it's one hundred percent correct that Puerto Rico 479 00:28:13,000 --> 00:28:16,760 Speaker 2: would only elect Democrats. We have seen Republicans elected in 480 00:28:16,800 --> 00:28:20,240 Speaker 2: Puerto Rico, although partisan politics doesn't line up in Puerto 481 00:28:20,320 --> 00:28:22,080 Speaker 2: Rico exactly like it does. 482 00:28:21,920 --> 00:28:22,600 Speaker 3: In the mainland. 483 00:28:22,880 --> 00:28:26,160 Speaker 2: But if the Democrats are correct that that's four new 484 00:28:26,200 --> 00:28:29,080 Speaker 2: Democrats in the Senate. It is very difficult to see 485 00:28:29,080 --> 00:28:33,159 Speaker 2: a map that ever again elects a Republican majority in 486 00:28:33,240 --> 00:28:37,359 Speaker 2: the Senate. So there will never be an opportunity to 487 00:28:37,400 --> 00:28:40,200 Speaker 2: reverse it. And by the way, you can look to 488 00:28:41,040 --> 00:28:45,200 Speaker 2: what happened with the Supreme Court. So if you look 489 00:28:45,240 --> 00:28:52,240 Speaker 2: at Supreme Court nominations, Harry Reid exercised the nuclear option, 490 00:28:53,000 --> 00:28:56,520 Speaker 2: the same method for ending the filibuster for legislation. Harry 491 00:28:56,520 --> 00:29:00,120 Speaker 2: Reid exercised the nuclear option to end the filibuster for 492 00:29:00,200 --> 00:29:04,520 Speaker 2: judicial nominations, and he did so. When he did so, 493 00:29:04,600 --> 00:29:07,280 Speaker 2: I remember I was on the Senate floor, and he 494 00:29:07,320 --> 00:29:08,520 Speaker 2: did exactly what I said. 495 00:29:08,560 --> 00:29:10,080 Speaker 3: He asked for a ruling from the chair. 496 00:29:10,120 --> 00:29:12,600 Speaker 2: He appealed the ruling of the chair, and all the 497 00:29:12,600 --> 00:29:15,440 Speaker 2: Democrats voted with him, and they overturned it. And so 498 00:29:16,120 --> 00:29:21,040 Speaker 2: to confirm a judge, you only need now fifty votes 499 00:29:21,040 --> 00:29:24,520 Speaker 2: plus the Vice President. And I remember being on the 500 00:29:24,520 --> 00:29:27,960 Speaker 2: Senate floor. I turned to Amy Klobuchar, a Democrat from Minnesota, 501 00:29:27,960 --> 00:29:30,360 Speaker 2: and all the Democrats were voting like lemmings to and 502 00:29:30,720 --> 00:29:34,239 Speaker 2: the filibuster. And I told her then, I said, you 503 00:29:34,320 --> 00:29:38,440 Speaker 2: realize the consequence of this. We are going to get 504 00:29:38,480 --> 00:29:43,400 Speaker 2: more justices like Clarence Thomas and antonin Scalia. And that 505 00:29:43,560 --> 00:29:48,400 Speaker 2: is unequivocally correct. And in fact, if you want to 506 00:29:48,480 --> 00:29:52,000 Speaker 2: know why, Brett Kavanaugh and Amy Coney Barrett and Neil 507 00:29:52,000 --> 00:29:55,720 Speaker 2: Gorsich were confirmed. It is because the Democrats ended the 508 00:29:55,760 --> 00:29:59,719 Speaker 2: filibuster for judicial nominations. If they hadn't, there is no 509 00:29:59,800 --> 00:30:02,960 Speaker 2: chairance on Earth Cavanaugh or Amy Cody Barrett gets confirmed 510 00:30:03,240 --> 00:30:05,560 Speaker 2: because it would have taken sixty votes and there weren't 511 00:30:05,600 --> 00:30:08,760 Speaker 2: going to be sixty votes for any nominee that had 512 00:30:08,800 --> 00:30:13,760 Speaker 2: a proven record of being conservative. So it changed markedly 513 00:30:14,720 --> 00:30:19,120 Speaker 2: the kinds of judges that Trump could nominate. Once the 514 00:30:19,280 --> 00:30:23,480 Speaker 2: change is made procedurally, it never ever ever goes back. 515 00:30:24,480 --> 00:30:28,440 Speaker 1: Final question for you, and that is you look at 516 00:30:28,480 --> 00:30:33,280 Speaker 1: what you just said in this show, and it changes 517 00:30:33,400 --> 00:30:37,000 Speaker 1: my perspective. And I do this with you three days 518 00:30:37,040 --> 00:30:41,320 Speaker 1: a week and talk politics every day because the easy issue, 519 00:30:41,560 --> 00:30:45,520 Speaker 1: right is the economy stupid? And that's the number one issue. 520 00:30:45,680 --> 00:30:48,560 Speaker 1: Most voters say number two, they say the border. This 521 00:30:48,720 --> 00:30:51,520 Speaker 1: issue to me now after we've gone through it is 522 00:30:52,320 --> 00:30:54,960 Speaker 1: even bigger than those two issues when it comes to 523 00:30:54,960 --> 00:30:57,840 Speaker 1: the future of this country. Is that a fair take. 524 00:30:59,000 --> 00:31:02,640 Speaker 2: In terms of law long term future? Yes, it is 525 00:31:02,680 --> 00:31:05,080 Speaker 2: absolutely a fair take. It is, as I said, the 526 00:31:05,120 --> 00:31:07,960 Speaker 2: single thing that keeps me up at night that we 527 00:31:08,000 --> 00:31:11,480 Speaker 2: are that close to losing our entire country. And I 528 00:31:11,520 --> 00:31:15,960 Speaker 2: think almost everyone is oblivious to it. I look, you 529 00:31:16,000 --> 00:31:18,680 Speaker 2: and I are both Texans. How many Texans do you 530 00:31:18,760 --> 00:31:23,600 Speaker 2: know that realize that we could be three months away 531 00:31:23,640 --> 00:31:28,000 Speaker 2: from Texas becoming California, becoming a bright blue plate state. 532 00:31:28,040 --> 00:31:30,440 Speaker 2: By the way, if that happens, I'll make a crazy 533 00:31:30,440 --> 00:31:33,240 Speaker 2: prediction that I hope and pray never comes true. If 534 00:31:33,280 --> 00:31:35,960 Speaker 2: the Democrats and the Filibuster, if they grant voting rights 535 00:31:35,960 --> 00:31:39,440 Speaker 2: to every illegal alien in America and every illegal alien 536 00:31:39,800 --> 00:31:43,280 Speaker 2: in Texas, Beto O'Rourke would be the next governor of 537 00:31:43,280 --> 00:31:46,120 Speaker 2: the state of Texas. I don't think that's an exaggeration. 538 00:31:46,240 --> 00:31:47,720 Speaker 2: I think that is actually quite likely. 539 00:31:48,280 --> 00:31:51,600 Speaker 1: As always, thank you for listening to Verdict with Center 540 00:31:51,680 --> 00:31:54,080 Speaker 1: Ted Cruz Ben Ferguson with you don't forget to deal 541 00:31:54,200 --> 00:31:56,360 Speaker 1: with my podcast, and you can listen to my podcast 542 00:31:56,440 --> 00:31:58,440 Speaker 1: every other day you're not listening to Verdict or each 543 00:31:58,480 --> 00:32:00,920 Speaker 1: day when you listen to Verdict. Afterwards, I'd love to 544 00:32:00,960 --> 00:32:04,040 Speaker 1: have you as a listener to again the Ben Ferguson podcasts, 545 00:32:04,040 --> 00:32:06,560 Speaker 1: and we will see you back here on Monday morning.