Speaker 1: Welcome.
Speaker 2: It is verdict with Sentater Ted Cruz, Ben Ferguson with
Speaker 2: you as well, Senator. The debate fallout is continuing. You
Speaker 2: thought it was a bad night on debate night, It's
Speaker 2: gotten a lot worse for the president.
Speaker 3: It's gotten much much worse. The debate heard round the world.
Speaker 3: We recorded a special podcast the night of the debate.
Speaker 3: Within an hour of it concluding, we put it out.
Speaker 3: By the way, if you didn't hear our analysis that
Speaker 3: occurred Thursday night, you should go back and listen.
Speaker 4: It was Friday's podcast.
Speaker 3: It was one of the most downloaded pods we've ever
Speaker 3: done because it was immediate analysis of what's happened. We're
Speaker 3: now sitting there a few days later, and a few
Speaker 3: days later, the fallout continues to be massive. I said
Speaker 3: the night of the debate, this is the most consequential
Speaker 3: presidential debate in United States history. I still believe that.
Speaker 3: This weekend, I talked to President Trump. I gave him
Speaker 3: a call. I told him he did a phenomenal job
Speaker 3: on the debate. I told I thought it was his
Speaker 3: best debate performance he's ever done. He and I have
Speaker 3: stood on many of those debate stages together and so
Speaker 3: I'm intimately familiar with how President Trump debates, and I
Speaker 3: think he was as I told him this weekend. He
Speaker 3: was calm, he was measured, he was under control, and
Speaker 3: most importantly, he let Joe Biden talk and hang himself,
Speaker 3: because the greatest damage that was done was when Biden
Speaker 3: was talking and his brain was short circuiting, and the
Speaker 3: entire world saw that. On Thursday night, we're going to
Speaker 3: break down the fallout and what's coming next. We're also
Speaker 3: going to talk about the landmark Supreme Court decision that
Speaker 3: came down last week overruling what's called the Chevron doctrine.
Speaker 3: This is a big victory for the Constitution, this is
Speaker 3: a big victory for democracy. So of course left wingers
Speaker 3: who love the regulatory state are are weeping and gnashing
Speaker 3: their teeth.
Speaker 4: We're going to explain it all.
Speaker 2: I got a lot of questions on the Trump call,
Speaker 2: so we're going to do that in a second. But
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Speaker 2: slash verdict promo code Verdict. All right, So there's a
Speaker 2: million people that have asked me this question when I've
Speaker 2: had conversations on the phone with Donald Trump. So I'm
Speaker 2: going to ask you the same question that everyone asked me.
Speaker 2: How do you get in touch with Donald Trump when
Speaker 2: you're the one calling him? How does that work? And
Speaker 2: then do you get him right away? So I call
Speaker 2: his phone and it varies. Sometimes sometimes he answers, other
Speaker 2: times he doesn't, and he usually calls me back. In
Speaker 2: this instance, he didn't answer, and he called me back
Speaker 2: about twenty minutes later. And so when he calls you back, like,
Speaker 2: how does it work? Is it talking like to a
Speaker 2: friend or is it more formal?
Speaker 1: What's that?
Speaker 4: Yeah?
Speaker 3: Oh yeah, Look, I mean President Trump and I have
Speaker 3: been through a lot of battles together, uh, initially on
Speaker 3: on opposite sides and then for a lot of years
Speaker 3: side by side when he was president I was by
Speaker 3: far his strongest ally in the US Senate all four
Speaker 3: years of his presidency. And and so he and I
Speaker 3: talk regularly, but just after this debate, I wanted to
Speaker 3: call and tell him I thought he did really a
Speaker 3: terrific job. And and and and as I said, it's
Speaker 3: the best I've seen him. Because he was measured in
Speaker 3: in control. He didn't he didn't let Biden bait him excessively.
Speaker 3: Biden was trying to bate him, and he didn't. He
Speaker 3: didn't take the bait. And and in particular, he gave
Speaker 3: Biden airtime. That's not ant natural instinct for President Trump.
Speaker 3: He he he likes to fill up the oxygen. But
Speaker 3: what needed to happen is for people to see just
Speaker 3: how diminish Joe Biden was. And the only way to
Speaker 3: do that is to keep your mouth shut and force
Speaker 3: Biden to talk. Ironically, the thing that really hammered Biden
Speaker 3: was the thing he and his team insisted upon, which
Speaker 3: is the microphones being shut off when the other person
Speaker 3: was talking. That meant that neither candidate had an incentive
Speaker 3: or temptation to interrupt because their mic was off, And
Speaker 3: so it wouldn't be hurt if they did try to
Speaker 3: interrupt that ended up leaving Joe Biden alone on a
Speaker 3: sinking ship because the only thing that could rescue him
Speaker 3: was his own words. And we saw multiple times where
Speaker 3: he just got completely confused and lost and didn't know
Speaker 3: what he was saying. And you could see it on
Speaker 3: the expression of the moderators of Jake Tapper and Dana Bash.
Speaker 3: They both looked with complete horror at just how much
Speaker 3: Joe Biden was crashing and burning.
Speaker 2: What was President Trump's just reaction to Biden. Did he
Speaker 2: even think it would go this well for him or
Speaker 2: really this bad for Joe Biden? Was he is as
Speaker 2: much shocked as I think everyone else that was watching.
Speaker 3: Well, look, I don't want to share what he said
Speaker 3: just because conversations I have with President Trump. I'm going
Speaker 3: to respect what he said. I'll share what I said, though,
Speaker 3: which is that I'm concerned that the debate went so
Speaker 3: well that they're going to yank Biden from the ballot.
Speaker 3: And I repeated to him what I said on the podcast,
Speaker 3: which is that this will be the most consequential debate
Speaker 3: in American history if it ends up changing the names
Speaker 3: on the ballot, if it ends up forcing the Democrat
Speaker 3: Party to pull the plug on Biden and replace him.
Speaker 3: And as I've said multiple times, going back to nine
Speaker 3: months ago, I predicted they would pull pull Biden out
Speaker 3: and replace him with Michelle Obama. I think that will
Speaker 3: happen in the next three weeks. I think we have
Speaker 3: a short fuse on that happening.
Speaker 1: All right.
Speaker 2: So I've got a million questions on that, and I've
Speaker 2: been getting them on social You may have been seeing
Speaker 2: some of the same questions. Democrats say that Donald Trump
Speaker 2: is a threat to democracy, that the Republican Party is
Speaker 2: a threat to democracy, that they're the people that care
Speaker 2: about democracy. How would they justify pulling Biden, replacing them
Speaker 2: with a him, with a candidate that no one voted
Speaker 2: for in an election cycle, and then said, here it is,
Speaker 2: how is that democracy? And it's a fair question. I
Speaker 2: think a lot of Americans are asking right now.
Speaker 3: Well, listen, at the end of the day. Under their rules,
Speaker 3: each party selects their nominee, and they have provisions if
Speaker 3: a nominee is incapacitated. Look, if either Donald Trump or
Speaker 3: Joe Biden fell over dead tomorrow, it's not like the
Speaker 3: Republican or Democrat Party would say Okay, well, I guess
Speaker 3: we don't have a presidential nominee. Never mind, you replace someone,
Speaker 3: and that happens. It has not happened with presidential candidates,
Speaker 3: but it happens sometimes with congressional candidates, sometimes with senate
Speaker 3: candidates or House candidate. It's where people have either they
Speaker 3: die or or they have health issues that prevent them
Speaker 3: from running and and and so the natural way for
Speaker 3: the Democrats to do this would be with Joe Biden's cooperation,
Speaker 3: that he comes forward and says, you know, my health
Speaker 3: has deteriorated such that I'm no longer able to be
Speaker 3: a candidate.
Speaker 4: I thought I would.
Speaker 3: I thought I could when when we launch the campaign,
Speaker 3: but I'm no longer physically able to be a candidate
Speaker 3: for four more years. And in that instance, uh, I
Speaker 3: think we would see the Democrats replacing him.
Speaker 4: Uh.
Speaker 3: The exact procedure is complicated, and it's much more complicated
Speaker 3: if Biden is not willing. If he's not willing, it
Speaker 3: becomes practically impossible. And so a critical critical piece of
Speaker 3: this is can the graybeards of the Democrat Party collectively
Speaker 3: pressure him to say enough is enough?
Speaker 2: Yeah, they certainly don't seem to be leaning towards him
Speaker 2: dropping out. They've been doubling down. They had their event
Speaker 2: after that night of the debate, and the next day
Speaker 2: they had another event, and they're trying to get him
Speaker 2: out there looking like everything's fine and quote, he just
Speaker 2: had a cold. That was one of the parts that
Speaker 2: made me laugh was how they're like, well, we had a cold,
Speaker 2: he had a cold. Well, this was just because he
Speaker 2: had a cold. I don't think that helps him.
Speaker 1: I don't think.
Speaker 2: People will believe that it was a cold that caused
Speaker 2: him to have a terrible night. It's insulting, I think
Speaker 2: too many voters. I actually think that can make it
Speaker 2: even worse.
Speaker 3: Well, and the White House spin was, well, he's usually
Speaker 3: lucid between ten am and four pm, and so we've
Speaker 3: just learned to do any White House meetings during those
Speaker 3: hours because that's when his brain operates. And you think
Speaker 3: about that as their explanation, and you're going, oh, okay,
Speaker 3: that's good. Maybe putin and she, but before launching a
Speaker 3: military attack, maybe a terrorist, before murdering America. NS will
Speaker 3: be sure to do it between ten am and four pm,
Speaker 3: because you know, if you do after Luby's is closed,
Speaker 3: after the Jello at the cafeteria. I'm afraid the Commander
Speaker 3: in chief is just not there and not able to
Speaker 3: handle it like that is a terrifying statement, and that
Speaker 3: is from the White House.
Speaker 2: So the only way that this goes smoothly, I guess,
Speaker 2: and this is a great point of clarification, is if
Speaker 2: Joe Biden willingly said an sence, Hey, I'm gonna step aside.
Speaker 2: There's no medication he's going to do that. So far,
Speaker 2: based on what the White House and what Joe Biden
Speaker 2: and the First Lady are doing, they're wanting to squash
Speaker 2: this instantly. We also got a tweet, and I think
Speaker 2: we mentioned in the last pod, but Barack Obama finally
Speaker 2: came out and said, hey, he's our guy. Here's his website,
Speaker 2: basically almost twenty four hours after the disaster of the debate.
Speaker 2: You can read into that what you want. But if
Speaker 2: Joe Biden and Joe Biden say we ain't going anywhere,
Speaker 2: then the Democratic Party in essences has their hands tied
Speaker 2: pretty much.
Speaker 3: Right, Well maybe maybe not so look at the debate
Speaker 3: that is playing out real time. So Barack Obama jumped
Speaker 3: out pretty quickly in his tweet. Let me read it
Speaker 3: all because it's relevant what he said. Obama says, quote
Speaker 3: circle the wagons. Bad debate nights happen, Trust me, I know.
Speaker 3: But this election is still a choice between someone who
Speaker 3: has fought for ordinary folks' entire life and someone who
Speaker 3: only cares about himself, between someone who tells the truth,
Speaker 3: who knows right and wrong and will give it to
Speaker 3: the American people straight, and someone who lies through his
Speaker 3: teeth for his own benefit. Last night didn't change that,
Speaker 3: and that's why so much is at stake in November.
Speaker 3: So that's Obama trying to tell Democrats circle the wabbit wagons. Now,
Speaker 3: David Axelrod, Obama's political guru, here's what he put out.
Speaker 3: He said, quote reality check. Joe Biden is the nominee
Speaker 3: of the Democratic Party, nominated by voters in primaries across
Speaker 3: the country. Unless the potus himself decides to quit, which
Speaker 3: he won't. That issue is settled. The discussion that is
Speaker 3: going on now was timely a year ago when few
Speaker 3: wanted to have it. It's largely irrelevant today now point
Speaker 3: out a year ago Axelrod was saying this. He was saying,
Speaker 3: Biden's too old. But what is striking so You've got
Speaker 3: a couple of folks there saying stick with stick with Biden.
Speaker 3: But you've also got the New York Times, and the
Speaker 3: New York Times put out a blistering editorial, a blistering
Speaker 3: editorial calling on Biden to drop out, saying his candidacy
Speaker 3: is a reckless gamble. And it's not just the New
Speaker 3: York Times. The Chicago Tribune also called on Biden to
Speaker 3: drop out. The Washington Post editorial board strongly suggested that
Speaker 3: Biden quit the race. And so, if you look at
Speaker 3: the powers that be in the Democrat Party, the corporate
Speaker 3: media is intertwined and is in fact the left wing
Speaker 3: of the Democrat Party. And seeing the New York Times,
Speaker 3: the Chicago Tribune, and the Washington Post all coming out
Speaker 3: against Biden, We've never seen anything like that in his
Speaker 3: entire presidency.
Speaker 2: Well, we also have the Seer Report, and I want
Speaker 2: to get your reaction from NBC News, it said that
Speaker 2: President Joe Biden is having a family cumbea meeting Sunday
Speaker 2: to talk about his re election campaign with family, following
Speaker 2: a nationally televised debate that left many fellow Democrats worried
Speaker 2: about his ability to beat former President Donald Trump. So
Speaker 2: they're not really worried about his cognitive decline. They're just
Speaker 2: worried about the fact you may lose. And in that
Speaker 2: article it said quote Biden was ascribed by one person
Speaker 2: familiar with his mood as humiliated, devoid of confidence, and
Speaker 2: painfully aware that the physical images of him at the
Speaker 2: debate ies staring into the distance, mouth agape, will live
Speaker 2: beyond his pency. Now, that's what NBC News reported about
Speaker 2: his general, I guess mood. And then there was other
Speaker 2: things that were said in there, basically that look, this
Speaker 2: is a guy who is smashing the glass in the
Speaker 2: glass in case of emergency phase of his presidency, is
Speaker 2: how they described it.
Speaker 1: That's coming from NBC. That's shocking.
Speaker 3: Yeah, and let me say the point you made just
Speaker 3: there is really important. The Democrats who are panicking, who
Speaker 3: are freaking out, the editorial boards, who are panicking and
Speaker 3: freaking out, they don't care that the president of the
Speaker 3: United States is not mentally competent. They don't care that
Speaker 3: the President of the United States is, in the words
Speaker 3: of the Biden Department of Justice, not mentally fit to
Speaker 3: stand trial, not competent to stand trial. They don't care
Speaker 3: about that they don't care that the commander in chief
Speaker 3: can't string two sentences together. Look, the man I saw
Speaker 3: on that debate stage, I'm not sure i'd let him
Speaker 3: drive a car, much less have his finger on the button. Yeah,
Speaker 3: no Democrat cares about that at all. They don't care
Speaker 3: that the White House is saying he can't handle any
Speaker 3: crisis that happens if it happens before ten am or
Speaker 3: after four pm, and and and even then it's it's
Speaker 3: it's touch and go. None of that matters. The reason
Speaker 3: they're they're panicking is one thing. They're like, uh, oh,
Speaker 3: he's gonna lose. He's gonna lose to Trump, and then
Speaker 3: suddenly like, okay, now it's a problem.
Speaker 4: Now we need someone else.
Speaker 3: It really is sad that that there is no one
Speaker 3: stepping forward and saying this is this is dangerous for America. Look,
Speaker 3: if you haven't seen it, one thing I retweeted, and
Speaker 3: it's visual, so it's gonna be very hard to describe
Speaker 3: on an audio pod. But John Stewart, right after the
Speaker 3: debate put together a montage of images of Biden when
Speaker 3: he wasn't speaking, and it is damning. It's hysterical, but
Speaker 3: it is damning. You just read that quote from NBC News,
Speaker 3: the look of just comple elite confusion. Didn't know where
Speaker 3: he was, just looking around like someone clearly not in
Speaker 3: control of his faculties. And here's how John Stewart, the comedian,
Speaker 3: referred to it. He said, it's not often you see
Speaker 3: someone with resting twenty fifth Amendment face. That was John
Speaker 3: Stewart's phrase. And by the way, the twenty fifth Amendment
Speaker 3: is the amendment to the Constitution that provides for removing
Speaker 3: a president from office, a sitting president when he is
Speaker 3: no longer competent to do the job. And that look,
Speaker 3: that's the punchline of a joke, but it's not much
Speaker 3: of a joke.
Speaker 1: Yeah, it's a great point.
Speaker 2: I got to ask you about the twenty fifth in
Speaker 2: a moment because there's a lot of people asking questions
Speaker 2: about that.
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Speaker 2: a complicated issue. Can you break it down. Let's say
Speaker 2: that he has a meeting with the family. It comes
Speaker 2: out this week that he's not going anywhere after this
Speaker 2: family meeting. This koumba ya and Democrats then just say
Speaker 2: we got to turn on this guy. How does it work,
Speaker 2: How does the twenty fifth work? And would Republicans have
Speaker 2: to go with it?
Speaker 4: No?
Speaker 3: No, it can be done by the Vice president and
Speaker 3: a majority of the cabinet. And the vision that is
Speaker 3: relevant the twenty fifth Amendment is Section four of the
Speaker 3: twenty fifth Amendment. Here's what section four says. Quote, whenever
Speaker 3: the Vice President and a majority of either the principal
Speaker 3: officers of the executive departments that means the cabinet members,
Speaker 3: or of such other body as Congress may by law
Speaker 3: provide transmit to the President pro Tempore of the Senate
Speaker 3: and the Speaker of the House of Representatives their written
Speaker 3: declaration that the President is unable to discharge the powers
Speaker 3: and duties of his office. The Vice President shall immediately
Speaker 3: assume the powers and duties of the office as acting President. Thereafter,
Speaker 3: when the President transmits to the President pro Tempore of
Speaker 3: the Senate and the Speaker of the House of Representatives
Speaker 3: his written declaration that no inability exists, he shall resume
Speaker 3: the powers and duties of his office, unless the Vice
Speaker 3: President a majority of either the principal officers of the
Speaker 3: Executive Department, or as such other body as Congress may
Speaker 3: by law provide, transmit within four days to the President
Speaker 3: pro Tempore of the Senate and the Speaker of the
Speaker 3: House of Representatives their written declaration that the President is
Speaker 3: unable to discharge the powers and duties of his office. Thereupon,
Speaker 3: Congress shall decide the issue, assembling within forty eight hours
Speaker 3: for that purpose, if not in session, if the Congress
Speaker 3: within twenty one days after receipt of the latter written declaration,
Speaker 3: or if Congress is not in session within twenty one
Speaker 3: days after Congress is required to assemble, determines by two
Speaker 3: thirds vote of both houses that the president is unable
Speaker 3: to discharge the power and duties of his office. The
Speaker 3: vice president shall continue to discharge the same as acting president. Otherwise,
Speaker 3: the president shall resume the powers and duties of his office.
Speaker 2: So this could happen in theory if they decided to
Speaker 2: do it, but it would take Kamala Harrison the cabinet
Speaker 2: going against the president very quickly.
Speaker 4: It could happen.
Speaker 3: If you had a written declaration signed by Kamala Harris
Speaker 3: and a majority of the cabinet, they would submit that
Speaker 3: rec written declaration to the President pro Tem of the
Speaker 3: Senate and the Speaker of the House. And as soon
Speaker 3: as they do so, Kamala Harris is the acting president.
Speaker 3: Joe Biden is no longer the president. Now the next
Speaker 3: step would beat is Joe Biden fight him. Joe Biden
Speaker 3: could then submit a written statement saying I'm just fine, damnit.
Speaker 3: And if that happens, then it gets kicked to Congress
Speaker 3: and Congress has to decide. And it takes two thirds
Speaker 3: of both houses to conclude that the president is unable
Speaker 3: to perform his duties. And so that listen. That is
Speaker 3: by design a high threshold removing a president is not
Speaker 3: a big deal. Look, if it's triggered by the Vice
Speaker 3: president of majority of the cabinet coming to that conclusion,
Speaker 3: that is a massive shift.
Speaker 2: Obviously, you're like me, we're flying blind because we don't
Speaker 2: have a bunch of insiders at this Biden's White House
Speaker 2: and not many friends in the cabinet. What are the chances,
Speaker 2: just your gut on that even happening.
Speaker 3: Well, I'll give you a little bit of the legal background.
Speaker 3: So the principal draftsman of the amendment was a man
Speaker 3: named John Ferick, and here's what he wrote. He said
Speaker 3: that Congress deliberately left the terms unable and inability undefined quote,
Speaker 3: since cases of inability could take various forms, not neatly
Speaker 3: fitting into a rigid definition. The debates surrounding the twenty
Speaker 3: fifth Amendment indicate that those terms are intended to cover
Speaker 3: all cases in which some condition or circumstance prevents the
Speaker 3: president from discharging his powers and duties.
Speaker 2: So this is again all up to the Democrats. So
Speaker 2: in essence, aside the faith of Joe Biden, whether they
Speaker 2: stick with him, if they can't push him out, or
Speaker 2: if they say, you know what we're going to do
Speaker 2: it anyway because you're not listening to us.
Speaker 1: It's one way or the.
Speaker 4: Other, that's right.
Speaker 3: And by the way, there are fifteen members of the cabinet.
Speaker 3: Secretary of State, Secretary of Treasury, Secretary of Defense, the
Speaker 3: Attorney General, the Secretary of the Interior, the Secretary of Agriculture,
Speaker 3: the Secretary of Commerce, the Secretary of Labor, the Secretary
Speaker 3: of Health and Human Services, the Secretary of Housing and
Speaker 3: Urban Development, the Secretary of Transportation, the Secretary of Energy,
Speaker 3: the Secretary of Education, the Secretary of Veterans Affairs, and
Speaker 3: the Secretary of Homeland Security. And so it is those
Speaker 3: fifteen eight of them, plus Kamala Harris could remove Joe
Speaker 3: Biden as president today.
Speaker 2: Let me ask you another question, and that is Joe
Speaker 2: Biden moving forward if he stays. There's another debate on
Speaker 2: the schedule. There was an interesting commentary on Fox about this,
Speaker 2: and I want you to listen and get your reaction.
Speaker 5: In the offering before or that we get to that.
Speaker 5: I want to collaborate on that a little bit. I
Speaker 5: want to I want to ask you, you've worked in
Speaker 5: white houses, how could the advisors who've been working closely
Speaker 5: with him. I mean, they prepped him for a week.
Speaker 1: In detail. I mean, they clearly knew his capacities.
Speaker 5: Okay, they know that enough because they always lay him
Speaker 5: out with a teleprompter. They don't give him a lot
Speaker 5: of impromptu possibilities. They write scripts for him. How could
Speaker 5: they let this happen?
Speaker 6: Paul, I don't know, And that is the great unanswered question. Look,
Speaker 6: the people in the White House not only know his capabilities,
Speaker 6: they deal with him day in and day out.
Speaker 1: They never should have agreed to this debate.
Speaker 6: It was completely unnecessary, and they had to know about
Speaker 6: his limitations and bluntly a week out, ten days out.
Speaker 6: If they sensed this, there was ample opportunity for an
Speaker 6: international crisis or crisis to lead to a cancel. Every
Speaker 6: decision the White House staff made, including the briefing for
Speaker 6: Thursday night, failed, But the fundamental judgment on this debate
Speaker 6: and participation was the wrong one.
Speaker 2: That's a former advisor to the Clinton White House who's
Speaker 2: saying that, how on earth would you even move forward
Speaker 2: if he stays? Is he stuck? Now he's got to
Speaker 2: do the second debate? Or would you cancel and use whatever?
Speaker 1: Bs? Hey, I've got a cold, so I can't show
Speaker 1: up tonight.
Speaker 4: Look who knows.
Speaker 3: I mean, let me point out that once again shows
Speaker 3: the cynicism of today's Democrats. You know what he's saying
Speaker 3: there is they should never agree to the debate. Why
Speaker 3: because he's not mentally competent at all. And if he
Speaker 3: does a debate, the American people will realize that their
Speaker 3: commander in chief, like can't tie his own shoes. They're
Speaker 3: not worried about having a president who can't tie his
Speaker 3: own shoes. They're not worried about having a president whom
Speaker 3: our enemies think is a joke. They're not worried about
Speaker 3: having a president who the people who wish harmon America
Speaker 3: look to, I mean, every enemy of America watched that
Speaker 3: debate Thursday night, and listen, if you want to do
Speaker 3: something bad, talk about a screaming invitation. There is nobody
Speaker 3: in this White House who is scaring, intimidating anyone. And
Speaker 3: that's really bad that that. Look, it was painful to
Speaker 3: watch the debate.
Speaker 4: It it It was yes, and there.
Speaker 2: Is Someone described it to me afterwards and the analogy
Speaker 2: was spot on. It was like watching a funeral of
Speaker 2: a person that was still alive.
Speaker 3: And by the way, has a single Democrat has a
Speaker 3: single media outlet apologize to the American people for lying
Speaker 3: for the past three years. Yeah, because they've said, over
Speaker 3: and over again, Oh, he's fit, he's so able, he's
Speaker 3: he's like the smartest, most brilliant person you've ever seen.
Speaker 3: They knew that was a lie. They knew that was
Speaker 3: a lie before the debate, and they kept on telling
Speaker 3: that lie. They kept on telling that lie over and
Speaker 3: over and over again.
Speaker 2: By the way, it's interesting that a lot of the
Speaker 2: people the Democratic Party are saying he's got to go.
Speaker 2: All these editorials are saying he's got to go that
Speaker 2: you mentioned, But there's two old people in Washington, Chuck
Speaker 2: Schumer and Nancy Pelosi. They're acting like the debate the
Speaker 2: other night didn't even happen. Here is Nancy Pelosi when
Speaker 2: she was asked a question about it, what do you make.
Speaker 1: The Democrats of calling for by the business. I don't
Speaker 1: know who's doing that. I don't know who's doing that.
Speaker 2: I don't know who's doing that. I don't know who's
Speaker 2: doing that. I don't know I'm not doing it. Quote unquote,
Speaker 2: that's Nancy Pelosi, Like, give me a break.
Speaker 4: They're trying desperately to be in denial.
Speaker 3: Here, I want you to listen to this montage of
Speaker 3: Democrats talking about how sharp and fit Biden is and
Speaker 3: how on his game he is. Just listened to this montage.
Speaker 7: He is sharp, intensely probing and detail oriented and focus.
Speaker 2: This is a man who is sharp, who is on
Speaker 2: top of his game, who knows what's going on.
Speaker 1: This guy's tough, smart, he's on his game.
Speaker 7: His mental acuity is great.
Speaker 1: This is a very sharper president. This is a man
Speaker 1: that's on his game. President is absolutely there's there's not
Speaker 1: a problem. He's he's fit, he's always answering questions.
Speaker 4: He is on the ball.
Speaker 1: He was sharper than anyone I've spoken to. He is sharp,
Speaker 1: he is on top of things.
Speaker 6: He's out of my mind that the president is mentally
Speaker 6: foss Spiden has proven himself to have a strong member.
Speaker 4: And he's completely mentally sharper.
Speaker 1: He's at the top of his game.
Speaker 2: He's at the top of his game. I mean, these
Speaker 2: are all the people around him. By the way, many
Speaker 2: of those would have to be would be the same
Speaker 2: people that would have to decide to move forward with
Speaker 2: the twenty fifth who were telling you he's the top
Speaker 2: of his game.
Speaker 3: Well, but but remember they care about power over everything else.
Speaker 3: And so if if they become convinced that that Biden loses,
Speaker 3: rats fleeing from a sinking ship would not move as
Speaker 3: fast as they will move.
Speaker 2: Yeah, that's a great way to discuss in this part
Speaker 2: of the discussions, that's for sure, all right.
Speaker 3: I want to and actually, hold on a second, I
Speaker 3: want to play something else, sure, which is I want
Speaker 3: to play a contrast of two different moments in the
Speaker 3: in debates. Number one, I want to play a segment
Speaker 3: from a debate back in twenty twelve. Twenty twelve, Joe
Speaker 3: Biden was vice president and he was debating Paul Ryan,
Speaker 3: who was the Republican nominee to be vice president.
Speaker 4: He was running with Mitt Romney.
Speaker 3: I want us to play that, and then I want
Speaker 3: us to play just a clip from Thursday's debate. So
Speaker 3: in twelve years we'll hear how much it's it's changed.
Speaker 3: Let's start with this is Joe Biden debating Paul Ryan
Speaker 3: twelve years ago in twenty twelve.
Speaker 4: Give a listen.
Speaker 7: You can cut text rates by twenty percent and still
Speaker 7: preserve these important preferences for middle class taxpayers.
Speaker 1: Not mathematically possible.
Speaker 7: It is mathematically possible. It's been done before. It's precisely
Speaker 7: we're proposing.
Speaker 1: It has never been done before.
Speaker 7: It's been done a couple of times, has never Jack
Speaker 7: gunnedy Lord, tax race, increased growth, Ronald Reagan, Oh you're
Speaker 7: Jack Kennon, Ronald Reagan. Republicans and Democrats. Republicans and Democrats.
Speaker 7: I've worked together on this. You'll under saying, you guys
Speaker 7: aren't used to doing.
Speaker 1: What we're gonna do. When we did it with Democrat here,
Speaker 1: we're going to work. We said to fill in the details.
Speaker 1: That's exactly details. That's how you get things done. You
Speaker 1: work with Congress. Look, let me say it this way.
Speaker 5: Tom Winfeld Republican Congress working bipartisanly.
Speaker 7: Mitt Ron seven rating.
Speaker 1: Mitt Ron, you listen to that.
Speaker 2: In twenty twelve, that's a guy that was I would
Speaker 2: argue sharp and I mean I agree with anything he's saying.
Speaker 1: But he was a very good debater that night.
Speaker 3: Yeah, yeah, Look, he was coming on hard. By the way,
Speaker 3: twenty twelve is what I was elected. That that was
Speaker 3: the vice president who swore me in. That's the Joe
Speaker 3: Biden who I knew, who swore me in and and
Speaker 3: and you look at his line to to to Paul Ryan.
Speaker 4: Oh, now you're Jack Kennedy.
Speaker 3: I mean, and he's if you watch the video, he's
Speaker 3: grinning ear to ear. It was very effective. He was sharp,
Speaker 3: he was engaged, he was back and forth. Now listen
Speaker 3: to to to just a snippet from from Thursday night,
Speaker 3: twelve years later.
Speaker 8: You can see he is six foot five and only
Speaker 8: two hundred and twenty thirty pounds thirty five pounds. Well
Speaker 8: you said six four two hundred anyway, that's a year. Anyway.
Speaker 8: Just take a look at what he says he is,
Speaker 8: and take a look at what he is. Look, I'd
Speaker 8: be happy to have a driving contest in him. I
Speaker 8: got my handicap, which when I was vice president down
Speaker 8: to a six. And but by the way I told
Speaker 8: you before, I'm happy to play golf. If you carry
Speaker 8: your own bag, I think you can do it.
Speaker 6: That's the biggest lie.
Speaker 1: He's a six handicap, of all.
Speaker 8: I was an eight handicap now eight. But I you know.
Speaker 1: I've seen this wig.
Speaker 8: I know you Wig.
Speaker 1: President, I mean you hear that.
Speaker 2: And the funny part was he's the one that was like, hey,
Speaker 2: I'll play golf with you and I'll show you they're
Speaker 2: not even the same human being.
Speaker 3: No, no, it is dramatically different. And listen, all of
Speaker 3: us are aging. All of us will shuffle off this
Speaker 3: mortal coil. We are headed that direction eventually. But different
Speaker 3: people age at different speeds. And Joe Biden is a
Speaker 3: very very old eighty one and the diminishment is indisputable.
Speaker 3: And that's why the Democrat Party and that's why the
Speaker 3: corporate media are panicking. And let's be clear the cover
Speaker 3: of Time magazine that the title is panic with Joe
Speaker 3: Biden walking off the stage, because it is indisputable now
Speaker 3: and none of the Democrats care that it's a problem
Speaker 3: that the president isn't fit. They care that politically the
Speaker 3: voters might be concerned that the president is not fit.
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Speaker 2: there's another important issue. I know you wanted to bring up.
Speaker 2: It is one that has not been on the front
Speaker 2: pages of newspapers, and that doesn't mean it's not important.
Speaker 2: In fact, it's very important. Explain to us about this
Speaker 2: significant ruling that came down.
Speaker 3: So last week, the US Supreme Court decided a decision
Speaker 3: called Lope or Bright Enterprises Versus Raymondo. And what the
Speaker 3: court did is it overruled a nineteen eighty four decision
Speaker 3: of the Supreme Court, the Chevron decision, and that was
Speaker 3: a decision Chevron versus Natural Resources Defense Council. The Chevron
Speaker 3: decision created something that is called Chevron deference. Now, what
Speaker 3: is Chevron deference. It was a doctrine that said, the
Speaker 3: courts will defer to federal agencies on rules and regulations
Speaker 3: so long as that rule and regulation is quote reasonable.
Speaker 3: What it did is it gave enormous powers to unelected bureaucrats,
Speaker 3: and Chevron you can trace in a very direct line
Speaker 3: the rise of the administrative state, the rise of unelected
Speaker 3: bureaucrats issuing rules that are incredibly costly to the American people,
Speaker 3: incredibly harmful to the American people. You can trace that
Speaker 3: rise to the Chevron doctrine, because when an agency of
Speaker 3: unelected bureaucrats issued a brand new rule, the courts would
Speaker 3: enforce that rule and say, well, it's the expert agency,
Speaker 3: and so we're going to give force to what they say,
Speaker 3: even if Congress never passed this into law. And so
Speaker 3: the Court last week overruled Chevron. What that means now
Speaker 3: is that it is Congress. It's the elected members of
Speaker 3: Congress that have to make policy decisions that impact the
Speaker 3: American people, not the army of bureaucrats who have no
Speaker 3: democratic accountability.
Speaker 2: What type of president that will this have moving forward?
Speaker 2: And what is a state of corporations as well?
Speaker 4: Well?
Speaker 3: What it will do is weaken federal regulators. And let's
Speaker 3: take for example, the facts here. So the facts here
Speaker 3: concerned a family fishing company, and the federal government issued
Speaker 3: a regulation that required the family fishing company number one
Speaker 3: to allow a fishing monitor a person on board their ship,
Speaker 3: but also forced the family fishing company to pay the
Speaker 3: salary of the federal fishing monitor, even though the law
Speaker 3: passed by Congress had no such requirement. So, in other words,
Speaker 3: this regulator said, okay, you the fisherman, you got to
Speaker 3: allow a federal bureaucrat on your ship, and you got
Speaker 3: to pay a salary. Why because we said so, Because
Speaker 3: we want you to pay a salary. And the court said, well,
Speaker 3: wait a second. When Congress passed the law, it didn't
Speaker 3: say that where did you this come up with? Where'd
Speaker 3: you come up with this? You just made this up.
Speaker 3: And so in this case I led an amicus brief,
Speaker 3: a friend of the court brief in the Supreme Court.
Speaker 3: It was joined by seventeen other senators. Mike Johnson, the
Speaker 3: Speaker of the House, led an amicus brief in the
Speaker 3: House of Representatives. Let me read you the first couple
Speaker 3: of paragraphs of the brief that I filed in the
Speaker 3: Supreme Court.
Speaker 4: Here's the summary of the argument. Quote.
Speaker 3: The Court should unequivocally abandon the contemporary Chevron deference doctrine
Speaker 3: because it contradicts Articles one, two, and three of the Constitution.
Speaker 3: Decades of application of Chevron deference have facilitated the exercise
Speaker 3: of functions by the executive branch that more properly belong
Speaker 3: to the legislative and judicial branches. Agencies exploit general or
Speaker 3: broad terms and statutes to engage in policy making functions
Speaker 3: of questionable legality, with the assumption that the courts will
Speaker 3: grant deference and not independently evaluate the lawfulness of those
Speaker 3: agency interpretations. And then I quote from a dissent of
Speaker 3: Justice Thomas's quote. The founders expected that the federal government's
Speaker 3: powers would remain separated and the people's liberty secure only
Speaker 3: if the branches could check each other. Therefore, the Constitution
Speaker 3: imposes structural constraints on all three branches and the exercise
Speaker 3: of power free of those accompanying restraints subverts the design
Speaker 3: of the Constitution's ratifiers. The Court agreed with the amicus
Speaker 3: brief that I filed for seventeen senators. It agreed with
Speaker 3: the amicus brief Mike Johnson, the Speaker the House filed
Speaker 3: for a number of House members. And the result today
Speaker 3: is there is more power in the elected members of Congress.
Speaker 3: And the reason that matters is where power resides. You
Speaker 3: want it to reside where there's accountability. If Congress votes
Speaker 3: for an idiotic law that hurts the American people, you
Speaker 3: know what the voters can do. They can throw the
Speaker 3: bums out. If an unelected bureaucrat issues a rule that says,
Speaker 3: I don't know, fishermen, you got to let a bureaucrat
Speaker 3: on your vote and you got to pay a salary. Well,
Speaker 3: you know what, you can't fire that bureaucrat. That bureaucrat
Speaker 3: doesn't run for office, that bureacrat doesn't do town halls,
Speaker 3: that bureaucrat never sees the people he's hurting. And so
Speaker 3: this was a victory for democracy and a victory for
Speaker 3: the Constitution, which of course means democrats and the media
Speaker 3: are horrified.
Speaker 2: You know, this reminds me so much of the parallels
Speaker 2: and what you're describing with what we saw with doctor Fauci.
Speaker 2: A guy elected by no one gets more money than
Speaker 2: anybody else in the United States government.
Speaker 1: Literally, that's not a joke.
Speaker 2: Making more than the president makes and being able to
Speaker 2: basically make up and put laws on all of us
Speaker 2: and certain you know, lockdowns, etc. On all of us
Speaker 2: and change the entire way we did our life, and
Speaker 2: there was in essence no checker balance for him. This
Speaker 2: seems like where the country is moving now, paying attention
Speaker 2: more to these type of situations.
Speaker 3: Well, and look, we see a whole series of decisions
Speaker 3: from the Supreme Court that are all about enforcing the
Speaker 3: Constitution and enhancing democracy.
Speaker 4: You take the.
Speaker 3: Dobbs decision that overturned ROVERSUS weighed what did it do.
Speaker 3: It moved questions of abortion that are hotly contested that
Speaker 3: people passionately disagree on. It moved them to the elected
Speaker 3: branches of government. It moved them to the fifty states,
Speaker 3: where the citizens of each state could decide what should
Speaker 3: the rules be in your state? And nobody would expect
Speaker 3: that Texas would have the same rules that California has
Speaker 3: because the city since have different values and where there
Speaker 3: are contested policy issues that ought to be the voters
Speaker 3: deciding now. Interestingly enough, even though Democrats on the corporate
Speaker 3: media love talking about how much they want to defend democracy,
Speaker 3: they are horrified whenever the voters actually get to decide.
Speaker 3: They want unelected judges deciding so long as they agree
Speaker 3: with what the judges are deciding, and they want unelected
Speaker 3: bureaucrats deciding, and they know they're going to agree with
Speaker 3: that because the bureaucrats are overwhelming the left wing and
Speaker 3: disconnected from the harms that their rules and regulations are causing.
Speaker 2: Yeah, great point, don't forget. We do this show Monday,
Speaker 2: Wednesday and Friday. Make sure that you hit that subscribe
Speaker 2: or auto download button. There's going to be a lot
Speaker 2: to talk about coming up well in the next several weeks,
Speaker 2: obviously with Joe Biden, does he stay or does he go?
Speaker 1: What will Democrats do next? We'll cover all of that
Speaker 1: for you.
Speaker 2: Also, we got the Republican Convention coming up as as well,
Speaker 2: so you're not gonna want to miss that, and the
Speaker 2: Sinaerti will be back with you in a couple of days.
Speaker 2: Don't forget on those in between days. Grab my podcast,
Speaker 2: so Ben Ferguson Podcasts. I'll keep you up today on
Speaker 2: the latest breaking news, and we'll see you back here
Speaker 2: on Wednesday morning.