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Speaker 1: Welcome.

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Speaker 2: It is verdicrous center. Ted Cruz ben Ferguson with you, Senator.

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Speaker 2: This is going to be a very interesting show today,

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Speaker 2: and one of the most shocking topics is the Biden

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Speaker 2: administration has been asleep at the wheel, apparently, as China

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Speaker 2: is buying up farmland at alarming rates, not just in

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Speaker 2: the country in general, but specifically around military bases.

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Speaker 3: Well, that's exactly right. We're seeing a pattern across the

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Speaker 3: country of China systematically buying farmland next to military bases.

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Speaker 3: Nineteen military bases across the country. China has acquired farmland

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Speaker 3: that makes us vulnerable to espionage. It makes us vulnerable

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Speaker 3: to all sorts of surveillance. It should be completely unacceptable.

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Speaker 3: We need to do a lot more to stop it.

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Speaker 3: We're also going to get into what has happened in

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Speaker 3: New York City. Alvin Bragg made his name by bringing

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Speaker 3: this ridiculous, bogus case against Donald Trump. Well now he's

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Speaker 3: making his name again by taking the violently anti Israel

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Speaker 3: Prohamas protesters at Columbia, the protesters who broke into the building,

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Speaker 3: who sees the building, who was arrested, Well, he just

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Speaker 3: announced he's not going to prosecute them. He dismissed the

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Speaker 3: charges against them. I have to say that should surprise

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Speaker 3: virtually nobody. Alvin Bragg is a George Soros prosecutor who

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Speaker 3: was elected to let criminals go, and unless your name

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Speaker 3: happens to be Donald Trump, he's in the business of

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Speaker 3: letting criminals go. Finally, we're going to talk about the

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Speaker 3: hearing that is coming up in the Federal court in

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Speaker 3: Florida on the case against Donald Trump for possession of

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Speaker 3: classified documents, and in particular, the judges scheduled a hearing

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Speaker 3: on whether Jack Smith, a special prosecutor, is legally appointed,

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Speaker 3: whether it is constitutional for him to serve as as

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Speaker 3: special counsel. There's a serious legal argument here. We're gonna

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Speaker 3: break it down.

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Speaker 2: Yeah, it's gonna be really interesting to see what happens

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Speaker 2: with that case. I want to tell you first, how

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Speaker 2: And that's why I want you to know about Patriot Mobile.

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Speaker 2: at no extra cost to you, and they give it

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Speaker 2: and our Second Amendment rights, the rights of unborn children.

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Speaker 1: And they also do something else. It's amazing.

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Speaker 2: They support our military, our wounded warriors, our veterans, and

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Speaker 2: our first responder heroes. So you know you're with the

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Speaker 2: Or online at Patriotmobile dot com slash verdict. That's Patriot

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Speaker 2: Mobile dot com slash verdict or nine seven to two

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Speaker 2: Patriot promo code Verdict, you'll get free activation. Senater, We

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Speaker 2: had a warning earlier this past year on China and

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Speaker 2: the threat of China. It came in the unorthodox way

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Speaker 2: of a really big balloon that is traveling across this country.

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Speaker 2: The Biden administration allowed it to sit, hover, even back up,

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Speaker 2: use our cell towers to then send data back to

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Speaker 2: the communist Chinese government, and then we shot it down

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Speaker 2: after and finished its mission. That was a big concern

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Speaker 2: of many Americans. But now we find out about all

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Speaker 2: of this farmland well.

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Speaker 3: And to be clear, there were multiple Chinese by balloons,

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Speaker 3: and the Biden administration didn't bother to tell anyone about

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Speaker 3: them until finally some ranchers in Montana spotted this one

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Speaker 3: and they got outed on the internet. Were it not

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Speaker 3: for that, we wouldn't even know about this one. They

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Speaker 3: kept its secret that the Chinese had been spent sending

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Speaker 3: spy balloons over US airspace, over US military bases. They're

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Speaker 3: engaged in active espionage against US. Well, this pattern is

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Speaker 3: a second pattern. It's one I've been focused on for

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Speaker 3: a long time and it is a real national security threat.

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Speaker 3: Here want I want you to.

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Speaker 1: Take a look at this map.

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Speaker 3: You pull up this map. This shows the Chinese farmland

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Speaker 3: that they have purchased around military bases. Nineteen bases across

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Speaker 3: this country. That includes Fort Liberty, which is what used

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Speaker 3: to be Fort Bragg in Fayetteville, North Carolina. That includes

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Speaker 3: Fort Cavazos, which is what used to be Fort Hood

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Speaker 3: here in ten Exis. That includes Marine Corps based Camp

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Speaker 3: Pendleton in San Diego, California, And it includes McDill Air

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Speaker 3: Force Base in Tampa, Florida. All of those the Chinese

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Speaker 3: are buying up land, and they're claiming they're buying it

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Speaker 3: up for farming or ranching, but it allows them to

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Speaker 3: set up reconnaissance sites. It allows them to install tracking technology,

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Speaker 3: to use radar, to use infrared scanning and to view

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Speaker 3: the bases and from there to attempt to fly drones

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Speaker 3: over the bases and engage in surveillance. And I got

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Speaker 3: to say it is insane that we are allowing the

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Speaker 3: Chinese to do this. This should be illegal. We should

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Speaker 3: not allow the Chinese communists to buy land anywhere near

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Speaker 3: near our bases. And this is an issue I've been

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Speaker 3: fighting on a long time in the Senate, and at

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Speaker 3: least so far that the Democrats have resisted doing anything

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Speaker 3: meaningful to stop this problem.

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Speaker 2: Let me ask you this, when did this become a

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Speaker 2: problem that was on put on your radar screen, Because

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Speaker 2: it's not like they went and bought all this land

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Speaker 2: up at the exact same day, at the exact same time.

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Speaker 2: There should have been some warnings that went off for

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Speaker 2: the people and their government that like, hey, there's a trend.

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Speaker 2: Now we're seeing these Chinese companies coming in or individuals

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Speaker 2: coming in and they're specifically buying up farmland right around

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Speaker 2: our military installations. You would think with an FBI that

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Speaker 2: can find Graanma from January sixth, they would be paying

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Speaker 2: attention to things like this, or even the CIA, you

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Speaker 2: would think there'd be somebody at the DODA that would

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Speaker 2: have been raising the red flag here going we've got

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Speaker 2: a major problem.

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Speaker 1: We got to make sure this is stopped.

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Speaker 2: And now we look at the entire US map and

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Speaker 2: all of our biggest military installations, and there is literally

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Speaker 2: farmland surrounding me. I look at Fort Liberty and I

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Speaker 2: was actually there and went on base last year.

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Speaker 1: This area around it's not like it's a little sliver.

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Speaker 2: It's almost encomassing the entire Fort Liberty Base, which is

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Speaker 2: a massive base with farmwan all around it.

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Speaker 3: Now, look, it's an enormous problem, and you gotta remember

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Speaker 3: you got to overlap this with the consequence of our

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Speaker 3: open borders, our open borders on the southern border due

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Speaker 3: to Joe Biden, the Democrats. We've seen an explosion of

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Speaker 3: illegal aliens, over eleven million illegal aliens since Biden became president.

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Speaker 3: But we've also seen an explosion of Chinese nationals in

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Speaker 3: twenty twenty one. How many Chinese nationals do you think

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Speaker 3: crossed illegally into this country.

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Speaker 1: Twenty twenty one. I do not that many.

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Speaker 3: I would assume three hundred and forty two. Wow, how

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Speaker 3: many of this past year.

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Speaker 1: I'm gonna guess ten x because it's Biden.

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Speaker 3: So three hundred and forty two ten X would be

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Speaker 3: three thousand, four hundred and twenty. Yeah, now twenty four,

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Speaker 3: one hundred and twenty five.

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Speaker 1: Good grief.

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Speaker 3: Twenty four thousand. Now, the last I checked, twenty four

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Speaker 3: thousand military age Chinese men marching over our border. In

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Speaker 3: any normal world, that would be called an invasion. That's

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Speaker 3: in one year, and they're almost all military age men.

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Speaker 3: Let's talk about some of the specific people investing. Here

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Speaker 3: are some of the known investors with ties to Communist China.

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Speaker 3: One of the biggest investors in Texas is a billionaire

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Speaker 3: named Sun Guang Xin. He is very deep ties to

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Speaker 3: the Communist Party and he's spent an estimated one hundred

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Speaker 3: and ten million dollars buying up land next to Laughlin

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Speaker 3: Air Force Base in Valverdi County, Texas, a training ground

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Speaker 3: for military pilots. I've been down to that Air Force base.

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Speaker 3: When this issue really came on my radar screen was

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Speaker 3: when I was down at Laughlin Air Force Base and

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Speaker 3: was meeting with the leadership there and they were expressing

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Speaker 3: So what the Chinese have done is they bought a

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Speaker 3: lot of the land surrounding that base and they put

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Speaker 3: windmills up on it. Now, why is that a problem,

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Speaker 3: Because Laughlin uses that to train our pilots, and you

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Speaker 3: can't train flying through windmills. It's a hazard. And what

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Speaker 3: they're doing is they're off major routes that are available

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Speaker 3: for training our pilots. They're limiting the ability to train

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Speaker 3: our pilot and they're doing it in the name of quote,

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Speaker 3: let's build some windmills here.

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Speaker 2: So not only is it interfering with our military readiness

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Speaker 2: and training, but then there's the other part that we discussed,

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Speaker 2: which is espionage. And look, the FBI director, we talked

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Speaker 2: about this on Verdict a couple months ago. He came

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Speaker 2: before Congress and put a very clear warning to Congress

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Speaker 2: that he was very concerned about China. He was very

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Speaker 2: concerned about what they're doing inside the United States of

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Speaker 2: America espionage and also what they're stealing using you know, hacking, etc.

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Speaker 2: But he says they're opening up cases against Chinese individuals

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Speaker 2: and having to basically monitor all of these people in

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Speaker 2: this country at alarming rates that he said they can't

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Speaker 2: even keep up with.

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Speaker 4: Yeah.

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Speaker 3: Look, remember when Trump was president and Mike Pompeo with

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Speaker 3: Secretary of State, where the FBI came in and shut

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Speaker 3: down the Chinese consulate in Houston, Texas, where you and

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Speaker 3: I are right now, because the Chinese consulate they were

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Speaker 3: using for espionage. It was basically a spy ring that

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Speaker 3: they had cells that they were detaining and imprisoning Chinese

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Speaker 3: nationals who live in Texas. Within the consulate. It was

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Speaker 3: apparently filled with rats. It was a nasty, nasty place,

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Speaker 3: but it's where they were running spies right here out

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Speaker 3: of Houston, Texas. It was shut down. I'll tell you.

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Speaker 3: Following the problem with laugh Air Force Base, in twenty twenty,

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Speaker 3: I wrote a letter to then Treasury Secretary Stephen Manuchin

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Speaker 3: calling on the Treasury Department to step in and put

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Speaker 3: more protections in place. And I'll tell you since then,

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Speaker 3: the Department of Treasury has increased the protections against foreign

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Speaker 3: adversaries acquiring real estate for both Laflin Air Force Base

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Speaker 3: and Lachlan Air Force Base in San Antonio. So we

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Speaker 3: made some progress. But here's another group of investors, the

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Speaker 3: Fufeng Group, which is a Shandong, China based company that

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Speaker 3: specialized in flavor enhancers and sugar substitutes, purchase three hundred

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Speaker 3: acres of farmland forty miles from the Grand Forks Air

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Speaker 3: Force Base in North Dakota in twenty twenty two. Chen

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Speaker 3: Tian Kuoo, I'm sorry my pronunciation is not great on that.

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Speaker 3: I'm doing the best I can. He's a billionaire as

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Speaker 3: a Chinese Communist Party member, is the second largest foreign

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Speaker 3: owner of farmland in the United States. He bought nearly

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Speaker 3: two hundred thousand acres of farmland in Oregon and twenty

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Speaker 3: fifteen at about four hundred and thirty dollars an acre.

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Speaker 3: His purchase of the acreage didn't even appear in government

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Speaker 3: records of land ownership by foreign investors until it was

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Speaker 3: first revealed in January. And another one Mine One Partners,

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Speaker 3: a firm partially backed by Chinese nationals, was told to

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Speaker 3: move equipment from less than one mile from F. E.

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Speaker 3: Warren Air Force Base in Cheyenne, Wyoming, saying it was

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Speaker 3: a national security risk, per the Air Force Times. Here

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Speaker 3: listen to a Navy admiral describe the scope of the problem.

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Speaker 5: You know, this thing of our military base is getting

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Speaker 5: penetrated by foreign nationals is happening more and more. This

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Speaker 5: is something we see probably two or three times a

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Speaker 5: week where we're stopping these folks at the gate with

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Speaker 5: a week a week at least, and this is just

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Speaker 5: Navy alone, where we're seeing folks try to come in

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Speaker 5: and usually the cover story is. And I'm a student,

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Speaker 5: you know, I'm here. I'm an enthusiast. I want to

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Speaker 5: see the ships. That type of thing. We have to

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Speaker 5: turn them around and typically we get NCIS involved with those,

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Speaker 5: and we get biometrics when possible. But yes, there's been

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Speaker 5: an up ticking Mack.

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Speaker 3: Do they have passports?

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Speaker 5: Do they have a lot of times they have passports,

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Speaker 5: They have papers, Yes, but they're in no way, shape

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Speaker 5: or form authorized to be on our base. And it's

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Speaker 5: really hard for us to tell the underlying motive for

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Speaker 5: these type of cases.

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Speaker 1: Wow, that's stunning. It is. It's got to be a concern.

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Speaker 5: This is Russian, Chinese, it comes from all all these

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Speaker 5: different nations. We're seeing an uptick in it.

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Speaker 2: I mean, this sounds a lot like a dry run.

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Speaker 2: That's what's probably so concerning. But you combine that with

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Speaker 2: what they could be picking up with surveillance technology being

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Speaker 2: on these bases, what they can be learning about how

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Speaker 2: we fly missions, how we're doing our drops with men.

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Speaker 2: You look at eighty second Airborne, I mean it's kind

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Speaker 2: of important. It's right there. Freedom for BRAGG and they

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Speaker 2: could be watching, monitoring, seeing everything they need to know

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Speaker 2: about the US military because they're buying up farm wind

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Speaker 2: and no one seems to be paying attention to Biden administration.

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Speaker 3: They're sending Chinese nationals day after day after day to

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Speaker 3: these bases trying to make incursions here. Listen to Admiral

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Speaker 3: Kottele discuss that as well.

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Speaker 1: How do you overcome that?

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Speaker 5: Well, you know, we are improving our capabilities to detect that,

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Speaker 5: to defend against that, to make sure that our folks

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Speaker 5: are trained to actually counter that. I do this under

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Speaker 5: my authorities from a US and Northern Command as the

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Speaker 5: component commander for that, and so I have great reporting

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Speaker 5: on it. And generally, in general, we believe it's mostly

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Speaker 5: just folks with drones that you buy them commercially, you know,

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Speaker 5: from Amazon or whatever the case may be. But it's

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Speaker 5: hard to differentiate between that and a nation state trying

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Speaker 5: to shore ESPN.

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Speaker 4: I'm sure, and you've got to do a lot of

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Speaker 4: investigative work to figure out that answer.

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Speaker 1: Absolutely.

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Speaker 2: I mean, you listen to drone issue. We've all seen drones,

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Speaker 2: We've seen how popular they become. But this is great

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Speaker 2: cover for the Chinese, right, Oh, there's a bunch of

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Speaker 2: flying around drones. Maybe we can sneak one out every

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Speaker 2: twenty in and we can claim ignorance here, yet in

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Speaker 2: reality we're getting incredible intelligence. So my question for you

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Speaker 2: is this, is it the job of the president to

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Speaker 2: change or advocate or support laws that say you can't

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Speaker 2: buy up military you know, land around military bases or

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Speaker 2: does this fall the states? We've seen that happen in Arkansas,

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Speaker 2: for example, with Governor Huckabe there. She has now said

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Speaker 2: you can't buy up land, Chinese can't come in here

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Speaker 2: and buy up a bunch of land. Or is it

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Speaker 2: a two prong approach that we need.

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Speaker 3: So it's principally the federal government that has the responsibility

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Speaker 3: here to safeguard our federal military basis. We need to

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Speaker 3: do much more. I think the most effective method would

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Speaker 3: be expanding the jurisdiction of the Committee on Foreign Investment

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Speaker 3: in the United States. It's what's called Scifius, and scifious

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Speaker 3: jurisdiction right now over real estate investments is very limited.

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Speaker 3: And what it was, the Sifius regime was designed to

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Speaker 3: counter foreign investments in US businesses, and so for certain

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Speaker 3: critical US businesses, a foreign actor has to get approval

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Speaker 3: from the Sifius Committee to be able to make that investment. Currently,

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Speaker 3: sifia's jurisdiction for real estate purchases depends on the proximity

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Speaker 3: of that land to sensitive facilities, and that proximity varies

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Speaker 3: depending on the category of sensitivity for each facility. So,

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Speaker 3: for example, last year, SIFIUS reviewed a controversial purchase of

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Speaker 3: three hundred and seventy acres near a North Dakota Air

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Speaker 3: Force Base by a Chinese company. If he has found

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Speaker 3: that it didn't have jurisdiction because the land was twelve

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Speaker 3: miles out from the base and the base sensitivity was

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Speaker 3: too low to provide jurisdiction twelve miles out. I've introduced

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Speaker 3: legislation called the Protecting Military Installation and Ranges Act that

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Speaker 3: would expand sifius jurisdiction for real estate investments by foreign

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Speaker 3: persons out to one hundred miles from any military installation.

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Speaker 3: And and by the way, America is a pretty big country.

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Speaker 3: One hundred miles does not seem that extreme. No, when

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Speaker 3: you're doing national security, I think this is a common

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Speaker 3: sense provision. We need to get Democrats who are willing

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Speaker 3: to work together on this, who recognize this is a

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Speaker 3: national security threat. You know, I'll point out that. So

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Speaker 3: I've introduced that bill in the last three Congresses. I

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Speaker 3: fought for that bill to be included in the National

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Speaker 3: Defense Authorization Act, so far unsuccessfully.

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Speaker 2: I had any Democrats in any of these states where

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Speaker 2: this has happened. They've said, hey, centered Cruise were on

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Speaker 2: the same page here.

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Speaker 3: So what I was able to get in was in

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Speaker 3: the Fiscal Year twenty twenty one National Defense Authorization Act,

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Speaker 3: I drafted legislation that empowered the Site Clearing House to

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Speaker 3: conduct a more thorough review of wind farm construction near bases.

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Speaker 3: As I said, we have this problem. We have this

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Speaker 3: problem with Laflin and Air Force Base, we have the

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Speaker 3: problem at Corpus Christie, and pilot training operations at Laflin,

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Speaker 3: at Dayas, at Goodfellow, at Kingsville, and Corpus Christie have

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Speaker 3: all been threatened by a growing number of wind farms

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Speaker 3: in South Texas and West Texas. So I drafted legislation

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Speaker 3: that was passed into law to put added protections to say, look,

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Speaker 3: you're not going to put windmills up in a way

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Speaker 3: that significantly harm the ability of training our pilots. That

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Speaker 3: if you're taking away major routes that we're using for training.

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Speaker 3: That's not an appropriate place to put a windmill, and

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Speaker 3: so we've had some progress in that regard, but frankly,

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Speaker 3: we need to do a lot more. If the president

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Speaker 3: wasn't a wall, a president should lead on this. I

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Speaker 3: feel confident if Trump is re elected, I'll work directly

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Speaker 3: with President Trump and we will get legislation enacted to addressed,

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Speaker 3: address and stop this problem. But with the Biden administration

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Speaker 3: is just completely disengaged from it.

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Speaker 2: How much of this is just their ignorance to the

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Speaker 2: issue and not caring how much of this could be

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Speaker 2: compromised because of all the deals they've done in the

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Speaker 2: millions of coming to the Biden family directly from China.

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Speaker 2: How much of this is us just to sleep at

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Speaker 2: the wheel with a pre nine to eleven s mentality

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Speaker 2: right where you don't think that that really anything bad

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Speaker 2: is going to happen where, and then all of a

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Speaker 2: sudden you trace it back and it's like, Yeah, they

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Speaker 2: surrounded all of our bases. They knew what we were doing,

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Speaker 2: they understood our technology, they were stealing it from us.

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Speaker 2: This is the stuff that keeps me up at night

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Speaker 2: thinking about we're seeing the warning, we're witnessing the Landing purchase,

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Speaker 2: and we're still not doing anything.

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Speaker 3: So it's some of all of that, and that there's

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Speaker 3: an element of just apathy and ignorance, but there's also

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Speaker 3: We've talked before about how I think today's Democrat Party

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Speaker 3: is structurally pro China. That they're major stakeholders, big business,

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Speaker 3: big tech, big Hollywood, big universities, They're all in bed

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Speaker 3: with China. So today's Democrat Party is not focused on

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Speaker 3: standing up to China. And this is one of the

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Speaker 3: consequences I think really of having a Democrat majority in

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Speaker 3: the Senate is that you're unable to drive an agenda.

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Speaker 3: With a Republican majority in the Senate, we can drive

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Speaker 3: an agenda far more effectively and listen, it is hard

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Speaker 3: for Democrats to vote no on common sense protections that

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Speaker 3: would stand up on this, but as long as the

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Speaker 3: Democrats are in charge, they just avoid the votes altogether.

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Speaker 3: So I think this is one of the real consequences.

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Speaker 3: I believe if in November we have a Republican president, Senate,

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Speaker 3: and House, we will pass legislation. Hopefully my legislation that

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Speaker 3: I've introduced the last three congresses, we get that passed,

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Speaker 3: which would be a big, big step to solving this problem.

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Speaker 1: Final question this we have a president of debate coming

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Speaker 1: up this week.

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Speaker 2: Yeah, I have no doubt in my mind seeing and

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Speaker 2: it's not going to bring up this type of issue.

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Speaker 2: Is this where a candidate should take the opportunity to

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Speaker 2: bring it up? Is this where Donald Trump should take

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Speaker 2: a moment and talk about, Hey, mister president, we've got

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Speaker 2: this problem. We have bases that are being surrounded. Is

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Speaker 2: that a moment that he should take and bring this

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Speaker 2: issue to the people.

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Speaker 3: You know he could. I would be surprised if Trump

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Speaker 3: puts a lot of time and energy into this, because, frankly,

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Speaker 3: this was a problem when Trump was president.

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Speaker 1: Too, so Biden spanned it.

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Speaker 3: Biden could push back and say, well, you didn't stop it,

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Speaker 3: and he's right, Trump didn't stop it. It's gotten worse

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Speaker 3: under Biden, and I'm confident Trump will stop it the

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Speaker 3: next time around. But I don't of all of the

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Speaker 3: national security areas to draw distinction, I don't.

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Speaker 1: Know that I would put this at the top of

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Speaker 1: the list.

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Speaker 2: Interesting perspective. I want to tell you about our friends

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Speaker 2: move on to another subject, and it's also a really

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Speaker 2: important one and it deals with Alvin Bragg. We saw

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Speaker 2: the radicals shut down universities, occupy universes, become violent, storm

426
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Speaker 2: buildings and take them over. We saw some of them

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Speaker 2: actually be drug out and be held accountable for their actions.

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Speaker 2: Alvin Bragg, we now find out, I'm not surprised you

429
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Speaker 2: said it earlier.

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Speaker 1: You're not surprised at all.

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Speaker 2: Is now basically walked in and clean the slate for

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Speaker 2: these criminals. He's dropped the criminal charges against these pro

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Speaker 2: Hamas extremists. Is there going to be any accountability for

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Speaker 2: this or is this just the Democratic Party, This is

435
00:23:08,920 --> 00:23:11,200
Speaker 2: Alvin Bragg, this is the Sorus agenda.

436
00:23:11,600 --> 00:23:15,000
Speaker 3: Look sadly, this is the base of today's Democrat Party

437
00:23:15,520 --> 00:23:19,240
Speaker 3: when you look at those vicious anti Semites, those angry

438
00:23:19,280 --> 00:23:23,480
Speaker 3: young people on college campuses, that hate Israel, that love Hamas,

439
00:23:23,520 --> 00:23:28,560
Speaker 3: that are threatening Jewish students, that are chanting horrible Nazi slogans,

440
00:23:29,000 --> 00:23:32,000
Speaker 3: telling Jews literally, as they said in the University of Washington,

441
00:23:32,280 --> 00:23:35,240
Speaker 3: go back to the Ovens. That was a verbatim quote,

442
00:23:36,200 --> 00:23:39,119
Speaker 3: chanting we love Hamas. As they did at Columbia, that

443
00:23:39,160 --> 00:23:43,920
Speaker 3: was a verbatim quote. We're living in an environment where

444
00:23:43,960 --> 00:23:47,639
Speaker 3: today's Democrat Party wants the votes of these radicals, and

445
00:23:47,680 --> 00:23:50,119
Speaker 3: so at Columbia it got so bad that the NYPD

446
00:23:50,240 --> 00:23:53,320
Speaker 3: went in and arrested a number of people, arrested forty

447
00:23:53,320 --> 00:23:56,919
Speaker 3: six defendants. Well this week thirty one of them had

448
00:23:56,960 --> 00:24:00,359
Speaker 3: their charges dropped and dropped by Alvin Bragg. That's same

449
00:24:00,640 --> 00:24:05,440
Speaker 3: hard left George Soros. Da Soros put millions behind electing

450
00:24:05,480 --> 00:24:07,880
Speaker 3: Alvin Bragg. Alvin Bragg came in on an agenda two

451
00:24:07,920 --> 00:24:11,280
Speaker 3: part agenda. Number one, I will get Donald Trump, That's

452
00:24:11,320 --> 00:24:14,359
Speaker 3: what he campaigned on. And number two, I will let

453
00:24:14,440 --> 00:24:18,400
Speaker 3: criminals go. George Soros, DA's across the country come in

454
00:24:19,000 --> 00:24:21,800
Speaker 3: on the promise to let murderers go, to let rapists go,

455
00:24:22,320 --> 00:24:25,119
Speaker 3: not to lock violent criminals up, to let them go.

456
00:24:25,240 --> 00:24:28,000
Speaker 3: And you know what, I'll say this, Bragg is honoring

457
00:24:28,000 --> 00:24:28,640
Speaker 3: his promises.

458
00:24:29,920 --> 00:24:32,600
Speaker 2: It's the promises that he made. But I even think

459
00:24:32,640 --> 00:24:35,600
Speaker 2: many Americans saw this. And in New York you're seeing

460
00:24:35,600 --> 00:24:37,920
Speaker 2: crime out of control. You were just there. I was there.

461
00:24:38,280 --> 00:24:40,080
Speaker 2: It is starting to feel like a different city than

462
00:24:40,119 --> 00:24:42,960
Speaker 2: it did four or five, six years ago. And you

463
00:24:43,000 --> 00:24:45,240
Speaker 2: can see it in areas that are very populard. You

464
00:24:45,240 --> 00:24:47,320
Speaker 2: can see it in the crimes that we've seen committed,

465
00:24:47,359 --> 00:24:51,159
Speaker 2: even at Times Square. You see so many problems that

466
00:24:51,160 --> 00:24:53,920
Speaker 2: are happening. And at what point do the American people

467
00:24:53,960 --> 00:24:56,040
Speaker 2: turn and say enough is enough? Like if you look

468
00:24:56,040 --> 00:24:59,560
Speaker 2: at what they were doing on these college campuses in

469
00:24:59,600 --> 00:25:03,000
Speaker 2: New York City and the violence in taking over, I

470
00:25:03,040 --> 00:25:05,560
Speaker 2: would assume a lot of New Yorkers would say this

471
00:25:05,640 --> 00:25:07,160
Speaker 2: is not okay.

472
00:25:07,320 --> 00:25:10,000
Speaker 3: You would assume that, But there are consequences when you

473
00:25:10,040 --> 00:25:13,439
Speaker 3: elect democrats. I will say one of the talking points

474
00:25:13,480 --> 00:25:15,879
Speaker 3: you see among some Democrats as well, this is terrible,

475
00:25:15,920 --> 00:25:18,560
Speaker 3: what's happening at campuses, but there's nothing we can do

476
00:25:18,640 --> 00:25:22,000
Speaker 3: about it. And let's be clear. This is happening in

477
00:25:22,040 --> 00:25:25,399
Speaker 3: New York. This is happening in Connecticut. This is happening

478
00:25:25,440 --> 00:25:28,919
Speaker 3: in Pennsylvania. This is happening in New Jersey. This is

479
00:25:28,960 --> 00:25:32,919
Speaker 3: happening in Massachusetts. This is happening in Illinois. This is

480
00:25:32,920 --> 00:25:37,400
Speaker 3: happening in Washington State. This is happening in California. This

481
00:25:37,680 --> 00:25:42,080
Speaker 3: happens in blue states that elect Democrats and put Democrats

482
00:25:42,080 --> 00:25:44,919
Speaker 3: in charge. And when you elect Democrats and put Democrats

483
00:25:44,920 --> 00:25:47,840
Speaker 3: in charge when there are radicals who hate Israel, who

484
00:25:47,840 --> 00:25:51,359
Speaker 3: are threatening Jewish students and chanting for Hamas, the Democrats

485
00:25:51,440 --> 00:25:55,199
Speaker 3: you elected and put in charge, they support the radicals

486
00:25:55,440 --> 00:25:58,159
Speaker 3: and they refuse to prosecute them. You know what, you

487
00:25:58,280 --> 00:26:01,679
Speaker 3: do that in Texas, you do that, in Florida, you

488
00:26:01,800 --> 00:26:05,040
Speaker 3: do that, in Georgia. You do that in Alabama. You

489
00:26:05,080 --> 00:26:08,320
Speaker 3: will be arrested and you will be prosecuted. There is

490
00:26:08,359 --> 00:26:12,720
Speaker 3: a consequence if you elect Republicans who actually believe in

491
00:26:12,880 --> 00:26:17,640
Speaker 3: prosecuting criminals. You're not seeing Jewish students being threatened. You're

492
00:26:17,680 --> 00:26:21,840
Speaker 3: not seeing Jewish students afraid to go to class. You know,

493
00:26:21,960 --> 00:26:23,920
Speaker 3: Texas A and M. I was just at Texas A

494
00:26:24,040 --> 00:26:26,120
Speaker 3: and M a week ago for the George Strait concert,

495
00:26:26,280 --> 00:26:29,000
Speaker 3: which was phenomenal. By the way, what an amazing.

496
00:26:28,600 --> 00:26:31,040
Speaker 2: Concert attendance record, which is pretty cool, and you were

497
00:26:31,080 --> 00:26:31,560
Speaker 2: one of them.

498
00:26:32,200 --> 00:26:35,879
Speaker 3: It was the largest concert in America in US history,

499
00:26:36,119 --> 00:26:39,919
Speaker 3: one hundred and ten, nine hundred and five people. It

500
00:26:40,000 --> 00:26:43,480
Speaker 3: was phenomenal. It's also the largest crowd ever at Kyle Field.

501
00:26:43,760 --> 00:26:45,680
Speaker 3: Because you think about it a football game, they don't

502
00:26:45,720 --> 00:26:48,240
Speaker 3: have people on the field, so you had the field

503
00:26:48,280 --> 00:26:51,119
Speaker 3: full of chairs. Also, it was a packed crowd. You

504
00:26:51,160 --> 00:26:53,119
Speaker 3: know what, Jewish students at A and M aren't afraid

505
00:26:53,160 --> 00:26:57,359
Speaker 3: for their safety because if there's a Prohamas terrorist who

506
00:26:57,440 --> 00:26:59,760
Speaker 3: threatens them, they'll arrest him and they'll throw him out

507
00:26:59,760 --> 00:27:00,000
Speaker 3: of seat.

508
00:27:01,240 --> 00:27:04,240
Speaker 2: When you look at what this prosecutor has done here

509
00:27:04,280 --> 00:27:06,520
Speaker 2: and the others, part of it goes even to a

510
00:27:06,520 --> 00:27:09,240
Speaker 2: bigger plan from Soros, and I think Americans need to

511
00:27:09,320 --> 00:27:13,600
Speaker 2: understand this. It's about bail reform, prison reform, which means

512
00:27:13,680 --> 00:27:17,080
Speaker 2: letting out violent criminals who are currently in prison, and

513
00:27:17,119 --> 00:27:20,480
Speaker 2: it's about having driving the police and saying if you

514
00:27:20,480 --> 00:27:23,119
Speaker 2: can't defund the police, you at least drive them to

515
00:27:23,200 --> 00:27:26,960
Speaker 2: insanity where they just quit. Major cities now are watching

516
00:27:27,440 --> 00:27:31,080
Speaker 2: experienced police officers walk off the job, leave and go

517
00:27:31,160 --> 00:27:33,400
Speaker 2: to other departments or get out of the field altogether,

518
00:27:33,440 --> 00:27:35,760
Speaker 2: because they're risking their lives to lock people up and

519
00:27:35,760 --> 00:27:38,400
Speaker 2: then Alvin Bragg immediately sets them free before they've even

520
00:27:38,440 --> 00:27:41,720
Speaker 2: finished the paperwork. That's part of the bigger world of

521
00:27:41,800 --> 00:27:45,000
Speaker 2: Alvin Bragg and Soros that they're trying to create, which

522
00:27:45,119 --> 00:27:48,560
Speaker 2: is chaos, organized and design to make the police just

523
00:27:48,600 --> 00:27:49,399
Speaker 2: say I'm done.

524
00:27:50,240 --> 00:27:53,679
Speaker 3: There are two ways you abolish the police. One you

525
00:27:53,720 --> 00:27:55,919
Speaker 3: do it directly. You take over the city government, you

526
00:27:55,960 --> 00:27:59,439
Speaker 3: take over whoever the controlling governmental lanity is, and you

527
00:27:59,480 --> 00:28:01,639
Speaker 3: shut You do fund the police, you cut off the money,

528
00:28:01,840 --> 00:28:04,080
Speaker 3: you fire the police officers. That's what we've seen the

529
00:28:04,160 --> 00:28:07,320
Speaker 3: radical left do. We saw the NYPD cut over a

530
00:28:07,400 --> 00:28:10,520
Speaker 3: billion dollars from their budget. Sadly, we saw the Austin

531
00:28:10,560 --> 00:28:13,560
Speaker 3: Police Department here in Texas cut one hundred and fifty

532
00:28:13,600 --> 00:28:17,000
Speaker 3: million dollars from its police budget. We saw Minneapolis do that.

533
00:28:17,040 --> 00:28:19,000
Speaker 3: By the way, every time they do that, the crime

534
00:28:19,080 --> 00:28:20,720
Speaker 3: rates go up, the murder rates go up.

535
00:28:20,880 --> 00:28:21,360
Speaker 1: Amazing.

536
00:28:21,400 --> 00:28:23,720
Speaker 3: When you pull cops off the street, more people die.

537
00:28:24,520 --> 00:28:26,639
Speaker 3: But the other way, you abolish the police is you

538
00:28:26,680 --> 00:28:30,080
Speaker 3: go after the das you elected George Soros DA, and

539
00:28:30,119 --> 00:28:32,080
Speaker 3: the cops can do anything they want. They can catch

540
00:28:32,080 --> 00:28:34,280
Speaker 3: the murderers, they can catch the rapists, and the DA

541
00:28:34,359 --> 00:28:36,679
Speaker 3: turns around and says, nope, I'm gonna let them go.

542
00:28:38,080 --> 00:28:42,560
Speaker 3: And that is functionally the same thing. The cops cannot

543
00:28:42,680 --> 00:28:46,160
Speaker 3: do their jobs without a DA who will prosecute. By

544
00:28:46,200 --> 00:28:49,640
Speaker 3: the way, just this past week we had actually we

545
00:28:49,680 --> 00:28:53,760
Speaker 3: talked about it in this last podcast, a judicial nominee

546
00:28:53,840 --> 00:28:56,560
Speaker 3: from Joe Biden nominated to the Federal Court of Appeals,

547
00:28:56,920 --> 00:29:01,880
Speaker 3: who had done volunteer work for a communist organization in

548
00:29:01,920 --> 00:29:07,000
Speaker 3: Tennessee that it vocally called for abolishing ice, abolishing the police,

549
00:29:07,040 --> 00:29:09,720
Speaker 3: and the Biden administration wants her to be a Court

550
00:29:09,720 --> 00:29:12,640
Speaker 3: of Appeals judge because, by the way, another way to

551
00:29:12,680 --> 00:29:15,280
Speaker 3: abolish the police is put judges on the bench that

552
00:29:15,440 --> 00:29:19,520
Speaker 3: just order criminals released free. This is all about, at

553
00:29:19,560 --> 00:29:23,880
Speaker 3: the end of the day, this is about expanding chaos.

554
00:29:23,920 --> 00:29:30,360
Speaker 3: This is about destroying American society. I genuinely do not understand.

555
00:29:30,400 --> 00:29:33,640
Speaker 3: I don't know how to. You know, look, in any debate,

556
00:29:34,080 --> 00:29:37,560
Speaker 3: one tries to stand in the shoes of the person

557
00:29:37,600 --> 00:29:41,720
Speaker 3: you're arguing you try to understand, Okay, why why would

558
00:29:41,760 --> 00:29:44,360
Speaker 3: someone think that? Look, you and I are both pro life.

559
00:29:44,880 --> 00:29:47,560
Speaker 3: We can both understand why someone would be pro choice.

560
00:29:47,560 --> 00:29:50,600
Speaker 3: There are arguments you could understand why, in good faith

561
00:29:50,640 --> 00:29:53,280
Speaker 3: someone would get there. There are lots of arguments. You

562
00:29:53,320 --> 00:29:55,600
Speaker 3: and I both think we should have low taxes. We

563
00:29:55,680 --> 00:29:58,400
Speaker 3: can understand the arguments why you want the rich to

564
00:29:58,440 --> 00:30:04,120
Speaker 3: pay bigger chunk like. Those arguments are not irrational. I

565
00:30:04,160 --> 00:30:10,360
Speaker 3: am genuinely incapable of articulating the reasons why anyone would

566
00:30:10,400 --> 00:30:16,320
Speaker 3: want to release more murderers to say the world would

567
00:30:16,320 --> 00:30:19,800
Speaker 3: be better if more murderers, more rapists, more child molesters

568
00:30:19,840 --> 00:30:23,240
Speaker 3: were on the street and out there murdering more people,

569
00:30:23,360 --> 00:30:28,520
Speaker 3: raping more people, molesting more kids. I'm trying to give

570
00:30:28,560 --> 00:30:30,480
Speaker 3: the benefit of the doubt, but I know of no

571
00:30:30,640 --> 00:30:32,920
Speaker 3: reason to support that other than that you want to

572
00:30:32,960 --> 00:30:37,000
Speaker 3: destroy society. Yeah, am I wrong? Can you get I mean,

573
00:30:37,120 --> 00:30:39,440
Speaker 3: play Devil's advocate for a minute. Give me the argument

574
00:30:40,400 --> 00:30:43,040
Speaker 3: why you're Alvin Bragg and you think the world would

575
00:30:43,080 --> 00:30:44,680
Speaker 3: be better with more murderers on the street.

576
00:30:45,000 --> 00:30:47,440
Speaker 2: There's not a logical argument there. And I think this

577
00:30:47,480 --> 00:30:50,160
Speaker 2: is where it's about remaking this country. And it's about

578
00:30:50,360 --> 00:30:54,280
Speaker 2: fundamentally changing this country, changing what law and order is.

579
00:30:54,520 --> 00:30:56,800
Speaker 2: There's no longer right and wrong, there's no longer good

580
00:30:56,800 --> 00:31:00,960
Speaker 2: and evil. There's no longer a society that's rule by

581
00:31:01,080 --> 00:31:04,800
Speaker 2: laws that are applied equally. This is about some sort

582
00:31:04,800 --> 00:31:07,880
Speaker 2: of new type of country. I think they want to develop.

583
00:31:07,920 --> 00:31:09,959
Speaker 2: But I also think some of this is just I

584
00:31:10,040 --> 00:31:11,280
Speaker 2: think they look as revenge.

585
00:31:11,440 --> 00:31:15,120
Speaker 3: Well, and listen, all law enforcement becomes political. And here

586
00:31:15,160 --> 00:31:17,840
Speaker 3: I want you to watch and listen to a really

587
00:31:17,880 --> 00:31:23,320
Speaker 3: extraordinary exchange that just happened. And it's an exchange between

588
00:31:23,960 --> 00:31:29,800
Speaker 3: Bill Maher, Yeah, and Andrew Cuomo, former governor of New York,

589
00:31:29,920 --> 00:31:32,360
Speaker 3: former Attorney General of New York. Here, give a lesson,

590
00:31:32,400 --> 00:31:32,960
Speaker 3: Give a watch.

591
00:31:33,240 --> 00:31:36,760
Speaker 6: The trial in New York, the one he got convicted for,

592
00:31:38,240 --> 00:31:40,880
Speaker 6: was the greatest fundraising bonanza ever he is now he

593
00:31:41,000 --> 00:31:43,680
Speaker 6: was lagging behind Biden, and now he's pulled quite a

594
00:31:43,720 --> 00:31:47,760
Speaker 6: bit ahead. That trial was the greatest reason people had

595
00:31:48,280 --> 00:31:51,959
Speaker 6: to send their checks for five, ten, twenty five whatever

596
00:31:52,440 --> 00:31:55,560
Speaker 6: dollars to Donald Trump. So I was always with you

597
00:31:55,760 --> 00:31:57,720
Speaker 6: on the one in New York, the hush money trial.

598
00:31:57,760 --> 00:31:59,560
Speaker 6: I don't think they should have brought that one, it

599
00:31:59,600 --> 00:32:01,680
Speaker 6: was just he's going to look like a sex case,

600
00:32:02,160 --> 00:32:03,880
Speaker 6: and people were always just going to look at it

601
00:32:03,880 --> 00:32:04,240
Speaker 6: that way.

602
00:32:05,120 --> 00:32:05,800
Speaker 2: So and in that.

603
00:32:05,960 --> 00:32:08,880
Speaker 7: Case, the attorney general's case in New York, frankly should

604
00:32:08,920 --> 00:32:11,760
Speaker 7: have never been brought. And if his name was not

605
00:32:11,840 --> 00:32:14,880
Speaker 7: Donald Trump, any if he wasn't running for president, I'm

606
00:32:14,880 --> 00:32:16,920
Speaker 7: the former aging in New York. I'm telling you that

607
00:32:16,960 --> 00:32:19,640
Speaker 7: case would have never been brought. And that's what is

608
00:32:19,680 --> 00:32:24,000
Speaker 7: offensive to people, and it should be because if there's

609
00:32:24,080 --> 00:32:26,680
Speaker 7: anything left, it's belief in the justices.

610
00:32:27,240 --> 00:32:30,720
Speaker 2: Go after Trump, but everyone else, it's an actual hardcore

611
00:32:30,760 --> 00:32:31,680
Speaker 2: criminal in New York City.

612
00:32:31,800 --> 00:32:32,440
Speaker 1: Let him walk.

613
00:32:32,920 --> 00:32:34,720
Speaker 3: Look, look, I got to say that is the first

614
00:32:34,760 --> 00:32:38,280
Speaker 3: time in my life that I've ever been quoted by

615
00:32:38,320 --> 00:32:42,000
Speaker 3: Andrew Cuoma, because on this podcast, I've said multiple times

616
00:32:42,040 --> 00:32:44,400
Speaker 3: this case would never have been brought if his name

617
00:32:44,400 --> 00:32:48,960
Speaker 3: were not Donald Trump. And it's indisputably correct. And look,

618
00:32:49,000 --> 00:32:51,880
Speaker 3: Cuoma was governor, he was attorney general. He is obviously

619
00:32:51,920 --> 00:32:55,000
Speaker 3: a partisan Democrat. And interesting enough, he was not just

620
00:32:55,040 --> 00:32:57,240
Speaker 3: addressing he was addressing the Alvin Bragg case, but he

621
00:32:57,280 --> 00:33:00,360
Speaker 3: was also addressing the Letitia James case, the case, the

622
00:33:00,480 --> 00:33:04,520
Speaker 3: ridiculous case with the wildly partisan judge who went after

623
00:33:04,760 --> 00:33:07,720
Speaker 3: and is trying to get a half billion dollars out

624
00:33:07,760 --> 00:33:11,120
Speaker 3: of Trump to destroy his business. Both of those cases

625
00:33:11,160 --> 00:33:14,840
Speaker 3: were vindictive. Both of those cases are legally frivolous. Both

626
00:33:14,840 --> 00:33:17,640
Speaker 3: of those cases will be overturned on appeal, and they

627
00:33:17,640 --> 00:33:21,200
Speaker 3: were all about the weaponization of justice. Look, I'm gonna say,

628
00:33:21,200 --> 00:33:25,080
Speaker 3: I'm gonna give credit to both Bill Maher and to Cuomo.

629
00:33:25,160 --> 00:33:28,120
Speaker 3: They're both Democrats, They're both outspoken Democrats, and they are

630
00:33:28,160 --> 00:33:32,080
Speaker 3: among the very first to actually have the guts to

631
00:33:32,280 --> 00:33:36,360
Speaker 3: call this out for what it is. That's a big deal. Listen,

632
00:33:36,360 --> 00:33:38,320
Speaker 3: if Cuomo is willing to say it, you know what,

633
00:33:38,440 --> 00:33:40,040
Speaker 3: there are a lot of other people who see it,

634
00:33:40,760 --> 00:33:42,920
Speaker 3: even if they're scared to say it out loud, they

635
00:33:42,920 --> 00:33:46,440
Speaker 3: can tell just how political, just how much garbage this is.

636
00:33:46,760 --> 00:33:48,440
Speaker 1: It brings us to story number three.

637
00:33:48,440 --> 00:33:52,440
Speaker 2: It's an important one, and that's the unlawful appointment argument

638
00:33:52,480 --> 00:33:54,440
Speaker 2: that's been made about the special counsel.

639
00:33:54,760 --> 00:33:55,560
Speaker 1: Jack Smith.

640
00:33:56,240 --> 00:33:58,640
Speaker 2: I want you to walk us through this because it

641
00:33:58,720 --> 00:34:03,080
Speaker 2: is complicated, and I want you to make the argument

642
00:34:03,440 --> 00:34:07,080
Speaker 2: that is, why is there a possibility that this may work?

643
00:34:07,120 --> 00:34:10,320
Speaker 2: For Trump's legal team, they're the ones that are basically

644
00:34:10,440 --> 00:34:14,800
Speaker 2: raising the argument about this special the unlawful appointment of

645
00:34:14,880 --> 00:34:17,880
Speaker 2: Jack Smith. Walk us through the argument that his legal

646
00:34:17,880 --> 00:34:19,640
Speaker 2: team is making and why they're making it.

647
00:34:19,680 --> 00:34:23,719
Speaker 3: Now, Well, let me start by watch and listen to

648
00:34:24,120 --> 00:34:27,520
Speaker 3: how it was laid out in a TV interview with

649
00:34:27,520 --> 00:34:29,319
Speaker 3: any McCarthy, and then we'll talk about it as soon

650
00:34:29,320 --> 00:34:30,000
Speaker 3: as we listen to this.

651
00:34:30,640 --> 00:34:34,720
Speaker 4: Well, Jackie, I think it's deceptive coverage. The difference between

652
00:34:34,760 --> 00:34:38,360
Speaker 4: the issue about Smith's status that's been raised in this

653
00:34:38,520 --> 00:34:42,840
Speaker 4: case that distinguishes it from other cases is that prior

654
00:34:42,920 --> 00:34:48,920
Speaker 4: independent councils were appointed under a Congressional statute. This independent council,

655
00:34:49,040 --> 00:34:52,840
Speaker 4: Jack Smith, has been appointed under a Justice Department regulation.

656
00:34:53,360 --> 00:34:56,200
Speaker 4: And what the Constitution says is that when you're talking

657
00:34:56,200 --> 00:34:58,879
Speaker 4: about an officer of the United States carrying out these

658
00:34:58,960 --> 00:35:03,799
Speaker 4: kinds of duties, either the person has to be nominated

659
00:35:03,840 --> 00:35:06,879
Speaker 4: by the President and confirmed by the Senate, or has

660
00:35:06,920 --> 00:35:10,280
Speaker 4: to occupy a position that Congress has established by law.

661
00:35:10,880 --> 00:35:15,720
Speaker 4: So this actually is a pretty novel and important argument,

662
00:35:15,760 --> 00:35:19,240
Speaker 4: which is why people like former Attorneys General Edwin mess

663
00:35:19,360 --> 00:35:23,720
Speaker 4: and Michael Mukasey have filed briefs saying that Smith doesn't

664
00:35:23,800 --> 00:35:27,960
Speaker 4: have adequate legal constitutional basis to proceed with this case.

665
00:35:28,239 --> 00:35:31,439
Speaker 4: It's not at all a frivolous argument, and I think

666
00:35:31,719 --> 00:35:35,640
Speaker 4: the wrap on Judge Cannon is just ridiculous. This is

667
00:35:35,680 --> 00:35:39,640
Speaker 4: a classified information case. They're very hard to get to trial.

668
00:35:40,160 --> 00:35:42,400
Speaker 4: She could have satisfied the media and said, you know,

669
00:35:42,480 --> 00:35:45,799
Speaker 4: we'll have an August first trial date that everyone would

670
00:35:45,840 --> 00:35:49,359
Speaker 4: have known was illusory. Instead, she's trying to move through

671
00:35:49,400 --> 00:35:51,879
Speaker 4: a massive pre trial work that has to be done

672
00:35:52,200 --> 00:35:55,000
Speaker 4: so that she can set a realistic trial date. And

673
00:35:55,120 --> 00:35:59,000
Speaker 4: for that she's being accused, I think, falsely of postponing

674
00:35:59,040 --> 00:36:02,560
Speaker 4: the case because she's trying to help Trump's electoral effort.

675
00:36:03,000 --> 00:36:05,160
Speaker 2: I want to ask you about Mees and these others

676
00:36:05,160 --> 00:36:07,840
Speaker 2: that have filed these amicus briefs, but before we do that,

677
00:36:07,880 --> 00:36:10,799
Speaker 2: I want to talk to you about our incredible organization

678
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679
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680
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681
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682
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683
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684
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685
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691
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Speaker 2: say the keyword baby to give today, Senator, I want

703
00:37:55,040 --> 00:37:57,520
Speaker 2: to get your reaction to the point he said about

704
00:37:57,560 --> 00:38:01,239
Speaker 2: these briefs that were filed. They're in important briefs that

705
00:38:01,280 --> 00:38:04,359
Speaker 2: are being filed, and yet for many Americans they can

706
00:38:04,440 --> 00:38:07,960
Speaker 2: still sound very overwhelming to understand.

707
00:38:08,200 --> 00:38:09,319
Speaker 1: So what's the goal here?

708
00:38:09,719 --> 00:38:11,080
Speaker 3: Yeah, and let me say, by the way, we just

709
00:38:11,120 --> 00:38:13,160
Speaker 3: played a clip for Mandy McCarthy. Andy's a good friend

710
00:38:13,160 --> 00:38:17,480
Speaker 3: of mine. One question I'd be interested from Verdict listeners.

711
00:38:18,200 --> 00:38:20,880
Speaker 3: We could certainly have Andy as a guest on this podcast.

712
00:38:21,040 --> 00:38:23,480
Speaker 3: We could also have law professor Jonathan Turley as a

713
00:38:23,480 --> 00:38:26,719
Speaker 3: guest on this podcast. Both of them I know very well.

714
00:38:26,760 --> 00:38:28,680
Speaker 3: So if y'all think those would be good guests to

715
00:38:28,760 --> 00:38:32,640
Speaker 3: have a detailed discussion about these issues, let us know

716
00:38:32,719 --> 00:38:35,000
Speaker 3: on Twitter, let us know, reach out to Ben and

717
00:38:35,040 --> 00:38:37,200
Speaker 3: me and let us know and either of both of

718
00:38:37,200 --> 00:38:38,400
Speaker 3: them we could have on and it could be a

719
00:38:38,480 --> 00:38:39,480
Speaker 3: very interesting discussion.

720
00:38:41,000 --> 00:38:41,320
Speaker 1: Listen.

721
00:38:41,360 --> 00:38:45,000
Speaker 3: So, the judge in Florida has set an oral argument

722
00:38:45,040 --> 00:38:47,879
Speaker 3: on the question of whether Jack Smith's appointment is legal

723
00:38:47,960 --> 00:38:50,520
Speaker 3: and constitutional, and that's going to be argued by Gene

724
00:38:50,640 --> 00:38:54,440
Speaker 3: Chaer and Josh Blackman. Josh Blackman is a law professor.

725
00:38:54,520 --> 00:38:59,400
Speaker 3: Gen Chaer is a very very well respected Supreme Court litigator,

726
00:39:00,200 --> 00:39:04,160
Speaker 3: shares the name partner and share Jaffy. Jaffe is Eric Jaffey,

727
00:39:04,440 --> 00:39:06,600
Speaker 3: who clerked with me. He was a Clarence Thomas clerk

728
00:39:06,640 --> 00:39:09,560
Speaker 3: the same year I clerk for Chief Justice Renquist. I've

729
00:39:09,600 --> 00:39:12,840
Speaker 3: known both of them a very very long time ed

730
00:39:12,960 --> 00:39:16,040
Speaker 3: mess former Attorney General is who has brought brought this

731
00:39:16,600 --> 00:39:21,280
Speaker 3: argument as filed an amicus brief arguing that Jack Smith

732
00:39:21,360 --> 00:39:23,799
Speaker 3: is not appointed legally, and the argument. First of all,

733
00:39:23,800 --> 00:39:28,920
Speaker 3: they say, there's no federal statute that establishes an office

734
00:39:28,920 --> 00:39:31,680
Speaker 3: of special Counsel in an Apartment of Justice, so there's

735
00:39:31,719 --> 00:39:37,520
Speaker 3: not a statutory basis for creating this role. Secondly, they

736
00:39:37,640 --> 00:39:40,960
Speaker 3: argue that even if you ignore that there isn't a statute,

737
00:39:41,560 --> 00:39:45,359
Speaker 3: there is also no statute authorizing the Attorney General, rather

738
00:39:45,400 --> 00:39:48,320
Speaker 3: than the President, with the advice and consent of the Senate,

739
00:39:48,360 --> 00:39:52,320
Speaker 3: to appoint such a special counsel. The special counsel, the

740
00:39:52,320 --> 00:39:56,120
Speaker 3: way it's structured right now, has more power than any

741
00:39:56,200 --> 00:39:59,680
Speaker 3: of the ninety four US attorneys who prosecute cases across

742
00:39:59,680 --> 00:40:02,160
Speaker 3: the count So all across the country, they're ninety four

743
00:40:02,239 --> 00:40:05,840
Speaker 3: US attorneys. Every single one of them has been nominated

744
00:40:05,840 --> 00:40:07,720
Speaker 3: by the President of the United States, and every single

745
00:40:07,760 --> 00:40:10,879
Speaker 3: one of them has been confirmed by the Senate. That's

746
00:40:10,920 --> 00:40:13,719
Speaker 3: the structure. When you have a prosecutor with that level

747
00:40:13,719 --> 00:40:16,400
Speaker 3: of power, you go through the checks and balances. Well,

748
00:40:16,480 --> 00:40:19,759
Speaker 3: Jack Smith was not confirmed by the Senate, and their

749
00:40:19,800 --> 00:40:24,120
Speaker 3: authority is limited to the jurisdictions where they're appointed. So

750
00:40:24,160 --> 00:40:26,480
Speaker 3: if you are confirmed to be the US Attorney in

751
00:40:26,520 --> 00:40:29,360
Speaker 3: the Southern District of New York, you can't prosecute someone

752
00:40:29,360 --> 00:40:31,839
Speaker 3: in California. You don't have the authority to bring any

753
00:40:31,880 --> 00:40:38,200
Speaker 3: case outside of whatever district you're confirmed to. Jack Smith

754
00:40:39,080 --> 00:40:42,239
Speaker 3: has nationwide authority to pursue his prosecutions anywhere in the

755
00:40:42,239 --> 00:40:45,960
Speaker 3: country he wants, and he's indicted Trump in two separate jurisdictions,

756
00:40:46,000 --> 00:40:50,040
Speaker 3: in DC and in Florida. He was not nominated by

757
00:40:50,080 --> 00:40:53,319
Speaker 3: the President, he was not confirmed by the Senate, and

758
00:40:54,080 --> 00:40:57,920
Speaker 3: that the amaicust brief argues violates the requirements of the Constitution.

759
00:40:58,760 --> 00:41:03,279
Speaker 3: General mess also acknowledges quote there are times when the

760
00:41:03,280 --> 00:41:08,640
Speaker 3: appointment of a special Council is appropriate, but federal statutes

761
00:41:08,680 --> 00:41:12,520
Speaker 3: in the Constitution only allow such appointments through the use

762
00:41:12,640 --> 00:41:15,600
Speaker 3: of existing United States Attorney so it's worth noting there

763
00:41:15,640 --> 00:41:19,120
Speaker 3: have been other special councils, but they were sitting US attorneys. So,

764
00:41:19,200 --> 00:41:23,280
Speaker 3: for example, Patrick Fitzgerald was appointed as a Special council,

765
00:41:23,680 --> 00:41:27,040
Speaker 3: he was a sitting US attorney. Rod Rosenstein was appointed

766
00:41:27,040 --> 00:41:29,680
Speaker 3: as a Special council. He was a sitting US attorney.

767
00:41:29,760 --> 00:41:32,400
Speaker 3: John Huber was appointed as a Special Council. He was

768
00:41:32,440 --> 00:41:35,799
Speaker 3: a sitting US attorney. John Durham was appointed as a

769
00:41:35,800 --> 00:41:38,319
Speaker 3: special council. He was a sitting US attorney. Every one

770
00:41:38,400 --> 00:41:41,480
Speaker 3: of them had been nominated by the President, had been

771
00:41:41,520 --> 00:41:45,440
Speaker 3: confirmed by the Senate at the time of their appointments.

772
00:41:45,440 --> 00:41:48,279
Speaker 3: And so what they argue is you can't just make

773
00:41:48,320 --> 00:41:52,080
Speaker 3: an appointment as Attorney General and create a roving US

774
00:41:52,120 --> 00:41:56,480
Speaker 3: attorney with national authority greater than any US attorney without

775
00:41:57,640 --> 00:42:02,000
Speaker 3: the Senate having the right to engage in advice and consent.

776
00:42:03,520 --> 00:42:04,240
Speaker 3: That argument.

777
00:42:04,920 --> 00:42:06,000
Speaker 1: Is that a legitimate argument?

778
00:42:06,040 --> 00:42:08,440
Speaker 2: I mean, you're obviously a guy that did this for

779
00:42:08,480 --> 00:42:10,400
Speaker 2: a very long time in that role, is a is

780
00:42:10,440 --> 00:42:13,799
Speaker 2: a lawyer. So the question I ask you is, when

781
00:42:13,840 --> 00:42:16,200
Speaker 2: you hear this argument, you see names like me, some

782
00:42:16,239 --> 00:42:18,680
Speaker 2: and others that are getting involved, and you hear the

783
00:42:18,800 --> 00:42:20,760
Speaker 2: argument you're making, is it a legitimate one.

784
00:42:21,160 --> 00:42:23,880
Speaker 3: It's a real argument and a serious argument. It doesn't

785
00:42:23,920 --> 00:42:26,200
Speaker 3: mean it will necessarily prevail, doesn't mean it'll be a

786
00:42:26,239 --> 00:42:29,440
Speaker 3: slam dunk. There are real arguments on the other side.

787
00:42:29,480 --> 00:42:34,360
Speaker 3: But look, I think there is a possibility this argument prevails.

788
00:42:34,400 --> 00:42:38,080
Speaker 3: There's a long history dealing with special counsels, and before that,

789
00:42:38,120 --> 00:42:41,040
Speaker 3: there was there was something called the Independent Council. There

790
00:42:41,120 --> 00:42:44,280
Speaker 3: was a statute that allowed independent counsels to be appointed,

791
00:42:44,280 --> 00:42:47,840
Speaker 3: and that was created by Congress. So you'll recall Ken

792
00:42:47,920 --> 00:42:53,879
Speaker 3: Starr was appointed as an independent counsel to prosecute Bill Clinton. Yeah,

793
00:42:54,040 --> 00:42:56,160
Speaker 3: and at the time, so there was there was a

794
00:42:56,200 --> 00:42:59,880
Speaker 3: case that was brought challenging the constitutionality of the d

795
00:43:00,000 --> 00:43:03,000
Speaker 3: Penit Council Statute. It was a case called Morrison versus Olsen.

796
00:43:03,640 --> 00:43:07,480
Speaker 3: The Olson was Ted Olsen, who at the time was

797
00:43:07,520 --> 00:43:09,400
Speaker 3: the head of the Office Legal Council in the Department

798
00:43:09,440 --> 00:43:12,239
Speaker 3: of Justice. He later became the Solicitor General of the

799
00:43:12,320 --> 00:43:14,319
Speaker 3: United States under George W.

800
00:43:14,480 --> 00:43:15,000
Speaker 1: Bush.

801
00:43:15,280 --> 00:43:18,040
Speaker 3: Ted is a good friend. That case went to the

802
00:43:18,080 --> 00:43:21,400
Speaker 3: Supreme Court and eight to one the Supreme Court upheld

803
00:43:21,760 --> 00:43:26,400
Speaker 3: the constitutionality of the Independent Council statute. The dissent was

804
00:43:26,480 --> 00:43:29,480
Speaker 3: authored by Justice Scalia and Justice Scalia laid out an

805
00:43:29,560 --> 00:43:34,440
Speaker 3: argument why having an independent Council who was not subject

806
00:43:34,719 --> 00:43:37,000
Speaker 3: to the authority of the Attorney General, not subject to

807
00:43:37,000 --> 00:43:40,040
Speaker 3: the authority of the President is contrary to Article two

808
00:43:40,080 --> 00:43:46,120
Speaker 3: of the Constitution and exceptionally dangerous. What's interesting is the

809
00:43:46,239 --> 00:43:49,880
Speaker 3: view of Scalia's descent a loan descent eight one. I

810
00:43:49,920 --> 00:43:52,680
Speaker 3: think has been vindicated over the years, and over the decades,

811
00:43:52,719 --> 00:43:56,279
Speaker 3: more and more people realized Scalia made some very effective points,

812
00:43:56,480 --> 00:44:01,040
Speaker 3: so much so that when the Independent Council's Statute expired,

813
00:44:01,080 --> 00:44:03,560
Speaker 3: so it was written so it would expire. I don't

814
00:44:03,560 --> 00:44:05,279
Speaker 3: remember if it was ten years or twenty years, but

815
00:44:05,320 --> 00:44:09,200
Speaker 3: it had a date certain where it expired. When it expired,

816
00:44:10,320 --> 00:44:13,919
Speaker 3: Congress didn't reauthorize it, so it is no longer the law.

817
00:44:14,000 --> 00:44:16,680
Speaker 3: The Independent Council Statute is no longer the law, and

818
00:44:16,760 --> 00:44:20,359
Speaker 3: neither Democrats nor Republicans wanted to authorize it. I think

819
00:44:20,400 --> 00:44:23,440
Speaker 3: Democrats were really unhappy with the job Ken Starr had

820
00:44:23,480 --> 00:44:26,400
Speaker 3: done going after Bill Clinton, so they didn't want that

821
00:44:26,480 --> 00:44:30,680
Speaker 3: to happen again. Republicans had seen it abused going after Republicans,

822
00:44:30,960 --> 00:44:33,920
Speaker 3: and so both parties said, let's let this statute expire,

823
00:44:34,440 --> 00:44:39,320
Speaker 3: which means you don't have a special statute authorizing Jack

824
00:44:39,360 --> 00:44:42,080
Speaker 3: Smith the way you would otherwise. So I think this

825
00:44:42,160 --> 00:44:44,600
Speaker 3: is a real argument. We'll see what Judge Cannon does,

826
00:44:44,640 --> 00:44:48,360
Speaker 3: but these are serious arguments that deserve to be considered

827
00:44:48,400 --> 00:44:51,160
Speaker 3: seriously on the mirror find out. I think we'll get

828
00:44:51,160 --> 00:44:54,759
Speaker 3: a decision relatively quickly. My suspicion is that we'll get

829
00:44:54,760 --> 00:44:55,960
Speaker 3: it within the next few months.

830
00:44:56,320 --> 00:44:59,160
Speaker 1: Best case scenario for Trump, what would that look like.

831
00:44:59,400 --> 00:45:02,520
Speaker 3: Well, if if Judge Cannon rules that Jack Smith is

832
00:45:02,800 --> 00:45:06,040
Speaker 3: illegally appointed, that he does not have the authority to

833
00:45:06,120 --> 00:45:10,920
Speaker 3: bring the case, that would that decision presumably would be appealed,

834
00:45:12,000 --> 00:45:16,960
Speaker 3: but that would permanently put on hold the case in Florida.

835
00:45:17,000 --> 00:45:20,160
Speaker 3: But it would have a naturally have an implication on

836
00:45:20,239 --> 00:45:23,839
Speaker 3: the DC case because Jack Smith is the prosecutor who's

837
00:45:23,840 --> 00:45:27,040
Speaker 3: brought the DC case as well. Now, technically speaking, the

838
00:45:27,120 --> 00:45:31,360
Speaker 3: DC judge would not be bound by the decision of

839
00:45:31,400 --> 00:45:35,000
Speaker 3: the Florida judge. Nonetheless, how those two interact, it would

840
00:45:35,040 --> 00:45:38,000
Speaker 3: become a major issue in every case, both cases being

841
00:45:38,040 --> 00:45:39,000
Speaker 3: brought by Jack Smith.

842
00:45:39,120 --> 00:45:40,960
Speaker 1: It's gonna be very interesting. We're going to cover it here.

843
00:45:41,000 --> 00:45:42,720
Speaker 1: We'll keep you updated. Don't forget.

844
00:45:42,760 --> 00:45:44,799
Speaker 2: We do this show Monday, Wednesday and Friday. We have

845
00:45:44,880 --> 00:45:47,480
Speaker 2: a week in review for anything you may have missed

846
00:45:47,520 --> 00:45:50,560
Speaker 2: on Saturday as well, so hit that subscriber auto download button.

847
00:45:50,840 --> 00:45:53,719
Speaker 2: If you're watching this episode on YouTube, make sure you

848
00:45:53,800 --> 00:45:55,920
Speaker 2: hit that follow button there so you are a subscribe

849
00:45:55,920 --> 00:45:58,400
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850
00:45:58,440 --> 00:46:01,320
Speaker 2: do one episode typically a week on video and audio.

851
00:46:01,360 --> 00:46:03,719
Speaker 2: The other ones are just on audio, so make sure

852
00:46:03,719 --> 00:46:06,040
Speaker 2: that you do that as well, and grab my podcast,

853
00:46:06,080 --> 00:46:07,720
Speaker 2: the Ben Ferguson Podcasts.

854
00:46:07,320 --> 00:46:08,520
Speaker 1: On those in between days.

855
00:46:08,800 --> 00:46:10,680
Speaker 2: I will keep you update on the latest breaking news

856
00:46:10,719 --> 00:46:12,120
Speaker 2: in the center, and I will see you back here

857
00:46:12,200 --> 00:46:13,120
Speaker 2: in a couple of days.