1 00:00:01,280 --> 00:00:02,520 Speaker 1: Welcome in his verdict. 2 00:00:02,279 --> 00:00:05,160 Speaker 2: With Ted Cruz the Weekend Review, Ben Ferguson with you, 3 00:00:05,200 --> 00:00:07,080 Speaker 2: and these are the stories you may have missed that 4 00:00:07,080 --> 00:00:09,080 Speaker 2: we talked about this past week. 5 00:00:09,480 --> 00:00:11,200 Speaker 1: First up, the Democrats. 6 00:00:11,640 --> 00:00:14,520 Speaker 2: Well, they've released a list of the people they believe 7 00:00:14,560 --> 00:00:18,600 Speaker 2: are corrupt officials within the Democratic apparatus. 8 00:00:17,880 --> 00:00:18,720 Speaker 1: And the deep state. 9 00:00:19,200 --> 00:00:21,840 Speaker 2: And now they're claiming this is an enemy's list of 10 00:00:21,880 --> 00:00:24,319 Speaker 2: Donald Trump. Why do they do it because they want 11 00:00:24,320 --> 00:00:27,280 Speaker 2: them to all get pardons. Yes, we're going to dive 12 00:00:27,320 --> 00:00:30,240 Speaker 2: into this list and what it means for Democrats. Also, 13 00:00:30,480 --> 00:00:34,240 Speaker 2: Cashpittel has been tapped for FBI director and the media 14 00:00:34,280 --> 00:00:37,120 Speaker 2: turning on him. Try to make sure it never happens. 15 00:00:37,159 --> 00:00:40,680 Speaker 2: We'll explain that. And finally, the Supreme Court dealt with 16 00:00:40,760 --> 00:00:45,680 Speaker 2: a transition case when it comes to minors, as the 17 00:00:45,760 --> 00:00:48,440 Speaker 2: Left says that you should be able to chemically castrate 18 00:00:48,520 --> 00:00:51,599 Speaker 2: or cut off certain body parts of kids even as 19 00:00:51,640 --> 00:00:55,080 Speaker 2: young as two, three, four, and five years old. Will 20 00:00:55,120 --> 00:00:57,080 Speaker 2: break that down for you as well. It is the 21 00:00:57,080 --> 00:01:00,840 Speaker 2: week in Review and it starts right now. All right, 22 00:01:00,880 --> 00:01:04,120 Speaker 2: So let's go back to this list, and it was 23 00:01:04,160 --> 00:01:08,279 Speaker 2: a list that Democrats put out. They started adding names 24 00:01:08,319 --> 00:01:11,640 Speaker 2: to the list and saying this is somehow Trump's list, 25 00:01:11,760 --> 00:01:13,679 Speaker 2: even though they're the ones creating out a thin air 26 00:01:13,720 --> 00:01:17,319 Speaker 2: so early in the day yesterday, it started with, well, 27 00:01:17,440 --> 00:01:20,920 Speaker 2: it needs to the president needs to pardon himself. That 28 00:01:21,040 --> 00:01:23,520 Speaker 2: also means he would need to pardon his brother. And 29 00:01:23,560 --> 00:01:26,520 Speaker 2: then they added Joe Biden to the list. And then 30 00:01:26,600 --> 00:01:30,039 Speaker 2: the list just started expanding to like everyone that worked 31 00:01:30,040 --> 00:01:32,039 Speaker 2: for him that may have done something wrong or illegal. 32 00:01:32,440 --> 00:01:36,080 Speaker 2: Alex Majorkis, for example, was on the list, James call 33 00:01:36,160 --> 00:01:39,720 Speaker 2: Me on the list, Andrew McCabe on the list. Peter Struck, 34 00:01:39,800 --> 00:01:41,959 Speaker 2: you may remember that guy who said we're gonna stop 35 00:01:42,200 --> 00:01:45,679 Speaker 2: back in sixteen, We're gonna stop Donald Trump from becoming president. 36 00:01:46,360 --> 00:01:48,600 Speaker 1: Bruce or Nelly or Rod Rosenstein. 37 00:01:48,720 --> 00:01:51,520 Speaker 2: And then it expanded from there to the point where 38 00:01:51,520 --> 00:01:56,160 Speaker 2: The Atlantic has an article saying there needs to be 39 00:01:56,560 --> 00:02:01,800 Speaker 2: mass pardons. And this conversation took place on MSNBC. 40 00:02:02,360 --> 00:02:07,160 Speaker 3: You argued, we defend norms by defending norms, not preaching them. 41 00:02:07,680 --> 00:02:11,040 Speaker 3: A lot of happens between now and then, and I 42 00:02:11,120 --> 00:02:15,000 Speaker 3: wonder how you're thinking about the president's pardon power today 43 00:02:15,160 --> 00:02:16,400 Speaker 3: and how he should wield it. 44 00:02:18,080 --> 00:02:21,440 Speaker 4: Well, back in twenty seventeen, I thought that Trump was 45 00:02:21,480 --> 00:02:28,720 Speaker 4: an aberration and unusual and black swan, if you will. 46 00:02:29,080 --> 00:02:32,160 Speaker 4: And my thought was that you had to defend the 47 00:02:32,200 --> 00:02:36,480 Speaker 4: norms of the rule of law, good governance, and the 48 00:02:36,520 --> 00:02:39,280 Speaker 4: only way to do that was to maintain them even 49 00:02:39,280 --> 00:02:43,799 Speaker 4: in the face of his aberrational behavior. Today, I think 50 00:02:43,880 --> 00:02:46,799 Speaker 4: we know that Trump is not an aberration. 51 00:02:47,480 --> 00:02:48,519 Speaker 1: He's a phenomenon. 52 00:02:48,639 --> 00:02:52,880 Speaker 4: He's a movement, and as such, what we have to 53 00:02:53,200 --> 00:02:56,840 Speaker 4: do is recalibrate how we respond to that. And it 54 00:02:57,040 --> 00:03:02,000 Speaker 4: now strikes me as essential to at least begin to 55 00:03:02,440 --> 00:03:06,079 Speaker 4: play to the edge of the field, to go as 56 00:03:06,120 --> 00:03:11,399 Speaker 4: far as the law permits in combating the authoritarian excesses 57 00:03:11,840 --> 00:03:14,320 Speaker 4: of Trump. And the way I wrote about in The 58 00:03:14,360 --> 00:03:20,600 Speaker 4: Atlantic is the pardon power. A pardon for Hunter Biden, 59 00:03:20,680 --> 00:03:25,519 Speaker 4: a pardon for Trump's critics would be completely normative breaking, 60 00:03:26,400 --> 00:03:31,320 Speaker 4: and it would be out of character, out of historical tradition. 61 00:03:31,880 --> 00:03:34,880 Speaker 4: But at this point I was listening to your. 62 00:03:36,400 --> 00:03:39,080 Speaker 1: Earlier broadcast. You were talking about kash Fatel. 63 00:03:39,360 --> 00:03:42,400 Speaker 4: He's got a list of sixty people he wants to prosecute. 64 00:03:43,640 --> 00:03:45,520 Speaker 1: That's a real list. Will he do all of them? 65 00:03:45,600 --> 00:03:46,120 Speaker 1: I don't know. 66 00:03:46,600 --> 00:03:51,240 Speaker 4: Will there be resistance of the FBI, probably, but one 67 00:03:51,280 --> 00:03:55,840 Speaker 4: of the realities of being investigated is that investigation has 68 00:03:55,880 --> 00:03:59,800 Speaker 4: a cost, even if you're not prosecuted in the end, 69 00:04:00,040 --> 00:04:02,840 Speaker 4: you have to hire a lawyer, the mental cost, the time, 70 00:04:02,960 --> 00:04:07,800 Speaker 4: the resources. And so it strikes me as perfectly reasonable 71 00:04:07,800 --> 00:04:11,040 Speaker 4: to ask, what can President Biden do within the bounds 72 00:04:11,080 --> 00:04:14,520 Speaker 4: of law, even if it would not be normatively traditional, 73 00:04:15,080 --> 00:04:19,080 Speaker 4: to save his allies from that. And the answer is obviously, 74 00:04:19,160 --> 00:04:19,920 Speaker 4: pardon them. 75 00:04:20,760 --> 00:04:23,400 Speaker 2: Let's just stop there, And he said more, but let's 76 00:04:23,440 --> 00:04:27,560 Speaker 2: just die. Let's break that down, Senator. He's saying, it's 77 00:04:27,600 --> 00:04:34,080 Speaker 2: personally perfectly reasonable for Biden to pardon any Trump critic 78 00:04:34,800 --> 00:04:37,640 Speaker 2: and says, well, it's a cost issue because. 79 00:04:37,360 --> 00:04:38,320 Speaker 1: You'll have to get a lawyer. 80 00:04:38,440 --> 00:04:41,920 Speaker 2: Well, no crap, Like everybody around Trump knows that they 81 00:04:42,000 --> 00:04:46,599 Speaker 2: tried to financially break so many people around Donald Trump 82 00:04:46,600 --> 00:04:49,360 Speaker 2: that worked at the White House tried to financially ruin them. 83 00:04:49,440 --> 00:04:51,279 Speaker 2: I have friends, I'm not going to say their names 84 00:04:51,600 --> 00:04:54,240 Speaker 2: who worked at the White House who were strapped with 85 00:04:54,360 --> 00:04:57,839 Speaker 2: legal bills over a half a million dollars just having 86 00:04:57,839 --> 00:05:01,279 Speaker 2: to answer questions in and around what happened on January sixth, 87 00:05:01,320 --> 00:05:02,640 Speaker 2: even though they weren't involved in it. 88 00:05:03,640 --> 00:05:05,800 Speaker 5: Look, that's absolutely right, But I got to say the 89 00:05:05,880 --> 00:05:09,320 Speaker 5: hypocrisy is even more rich than that. So the person, 90 00:05:09,320 --> 00:05:11,360 Speaker 5: the man whose voice you're hearing, is a guy named 91 00:05:11,360 --> 00:05:14,800 Speaker 5: Paul Rosenwick. Now, who is Paul Rosenwick. Well, he was 92 00:05:14,839 --> 00:05:17,839 Speaker 5: a deputy Assistant secretary in the Department of Homeland Security 93 00:05:18,279 --> 00:05:19,080 Speaker 5: under George W. 94 00:05:19,200 --> 00:05:21,600 Speaker 6: Bush. And listen, I know Paul. 95 00:05:21,360 --> 00:05:21,840 Speaker 1: A little bit. 96 00:05:21,880 --> 00:05:24,320 Speaker 5: I don't know him well, but I know him socially 97 00:05:24,400 --> 00:05:27,960 Speaker 5: around DC lawyer circles. He wears a bow tie every day, 98 00:05:28,000 --> 00:05:30,560 Speaker 5: and he was one of the like he would run 99 00:05:30,600 --> 00:05:37,200 Speaker 5: around Federalist Society events and he was part of the 100 00:05:37,800 --> 00:05:41,000 Speaker 5: sort of Republican lawyer cadre during the George W. 101 00:05:41,120 --> 00:05:41,839 Speaker 6: Bush campaign. 102 00:05:42,600 --> 00:05:47,560 Speaker 5: He is also someone who Donald Trump has broken his 103 00:05:47,760 --> 00:05:52,200 Speaker 5: brain and Trump derangement syndrome is a very real phenomenon, 104 00:05:52,920 --> 00:05:59,800 Speaker 5: and he is he is now advocating that Biden pardon everybody, 105 00:06:00,120 --> 00:06:03,920 Speaker 5: Pardon every critic of Trump, Pardon every member of the cabinet, 106 00:06:04,040 --> 00:06:07,640 Speaker 5: pardon his entire family, Pardon anyone who may have committed 107 00:06:07,680 --> 00:06:12,479 Speaker 5: any crime, because he doesn't want anybody to be held 108 00:06:12,520 --> 00:06:15,160 Speaker 5: account for breaking the law. Now, I'm going to tell 109 00:06:15,160 --> 00:06:20,840 Speaker 5: you what the particular irony is. Paul Rosenwig is also 110 00:06:21,120 --> 00:06:23,680 Speaker 5: one of the leaders of a group called the sixty 111 00:06:23,720 --> 00:06:26,960 Speaker 5: five Project. Now what is the sixty five Project? It 112 00:06:27,080 --> 00:06:29,560 Speaker 5: is this left wing group, and it's Paul Rosenwig, and 113 00:06:29,600 --> 00:06:33,479 Speaker 5: it's also David Brock, who was Hillary Clinton's attack dog, 114 00:06:34,080 --> 00:06:38,120 Speaker 5: who went around filing complaints trying to get Republican lawyers 115 00:06:38,200 --> 00:06:41,839 Speaker 5: disbarred for supporting Donald Trump, and Paul Rosenwig his group 116 00:06:42,600 --> 00:06:45,960 Speaker 5: filed a complaint with the Texas Bar asking that I 117 00:06:46,120 --> 00:06:49,200 Speaker 5: be disbarred. Understand this guy way before the Texas Bar. 118 00:06:49,800 --> 00:06:51,719 Speaker 2: I remember that story. But this is the guy that 119 00:06:51,800 --> 00:06:52,720 Speaker 2: was actually doing it. 120 00:06:53,320 --> 00:06:55,000 Speaker 6: Yes, yes, he was doing it. 121 00:06:55,279 --> 00:06:56,760 Speaker 5: And so I'm going to read to you from the 122 00:06:56,760 --> 00:06:59,520 Speaker 5: New York Times story when they filed this complaint, and 123 00:07:00,160 --> 00:07:02,640 Speaker 5: it says, this is a quote from the complaint quote, 124 00:07:02,839 --> 00:07:04,719 Speaker 5: mister Cruse played a leading role in the effort to 125 00:07:04,720 --> 00:07:07,040 Speaker 5: overturn the twenty twenty elections, and will the same can 126 00:07:07,080 --> 00:07:10,400 Speaker 5: be said about several other elected officials. Mister Cruse's involvement 127 00:07:10,520 --> 00:07:14,360 Speaker 5: was manifestly different. This is what the complaint says. He 128 00:07:14,480 --> 00:07:17,320 Speaker 5: chose to take on the role of lawyer and agreed 129 00:07:17,440 --> 00:07:22,160 Speaker 5: to represent mister Trump and Pennsylvania Republicans in litigation before 130 00:07:22,440 --> 00:07:26,200 Speaker 5: the US Supreme Court. In doing so, mister Cruz moved 131 00:07:26,200 --> 00:07:29,720 Speaker 5: beyond his position as United States Senator and sought to 132 00:07:29,840 --> 00:07:33,120 Speaker 5: use more than his Twitter account and media appearances to 133 00:07:33,200 --> 00:07:38,400 Speaker 5: support mister Trump's anti democratic mission. So understand their complaint 134 00:07:39,320 --> 00:07:42,600 Speaker 5: is that when I was asked when the appeal in 135 00:07:42,680 --> 00:07:48,040 Speaker 5: twenty twenty challenging Pennsylvania's violating the Pennsylvania Constitution and changing 136 00:07:48,040 --> 00:07:50,560 Speaker 5: the law in Pennsylvania, when that was appealed to the 137 00:07:50,600 --> 00:07:54,640 Speaker 5: Supreme Court, I was asked, if the court takes it, 138 00:07:55,440 --> 00:07:58,640 Speaker 5: would you be willing to argue the case? And Donald 139 00:07:58,680 --> 00:08:01,760 Speaker 5: Trump asked me that, and I said, yes, if the 140 00:08:01,760 --> 00:08:04,320 Speaker 5: Court takes it, if for justices decide they want to 141 00:08:04,320 --> 00:08:06,560 Speaker 5: hear this case, and I believe they should have heard 142 00:08:06,600 --> 00:08:11,880 Speaker 5: the Pennsylvania case, that I'll do the oral argument. Their argument, 143 00:08:11,920 --> 00:08:16,160 Speaker 5: Paul Rosenwagg's argument is because I said yes, I would 144 00:08:16,240 --> 00:08:20,680 Speaker 5: represent a client before the Supreme Court, I should be disbarred. 145 00:08:20,720 --> 00:08:24,400 Speaker 5: So he's talking about the costs of frivolous complaints at 146 00:08:24,400 --> 00:08:27,280 Speaker 5: attacking people. Well, he was one of the point people 147 00:08:27,320 --> 00:08:30,080 Speaker 5: doing it. And by the way, thankfully the Texas Bar 148 00:08:30,400 --> 00:08:35,280 Speaker 5: is not an insane, woke nest of lunatics, and so 149 00:08:35,360 --> 00:08:37,360 Speaker 5: what did the Texas bar do. They threw their complaint 150 00:08:37,360 --> 00:08:40,440 Speaker 5: out as frivolous and baseless, so it got thrown out. 151 00:08:40,480 --> 00:08:41,359 Speaker 6: It was absurd. 152 00:08:41,960 --> 00:08:46,000 Speaker 5: But this is someone who was asking that I be 153 00:08:46,160 --> 00:08:48,360 Speaker 5: barred from practicing law. And by the way, this group 154 00:08:48,559 --> 00:08:52,400 Speaker 5: has gone after over and over and over again lawyers 155 00:08:52,440 --> 00:08:56,319 Speaker 5: who dared to represent Donald Trump. So they're willing. When 156 00:08:56,360 --> 00:09:01,040 Speaker 5: we talk about weaponization, weaponization of law, enforce spending, weaponization 157 00:09:01,120 --> 00:09:04,360 Speaker 5: of law. I gotta say Paul Rosenwegg is a great 158 00:09:04,400 --> 00:09:06,920 Speaker 5: example of that. He's happy to go and attack and 159 00:09:07,000 --> 00:09:11,880 Speaker 5: try to bankrupt people. You mentioned the look at the 160 00:09:12,000 --> 00:09:15,960 Speaker 5: end of the day, if they come after me, I 161 00:09:16,000 --> 00:09:18,559 Speaker 5: am a sitting senator. I have the ability to raise money, 162 00:09:18,559 --> 00:09:23,800 Speaker 5: I can defend myself. I am not a particularly faint flower. 163 00:09:23,840 --> 00:09:27,200 Speaker 5: I am not a vulnerable person who if they want 164 00:09:27,200 --> 00:09:29,719 Speaker 5: to come after me, let's go. And they're going to 165 00:09:29,800 --> 00:09:33,240 Speaker 5: regret picking that fight. But they're a bunch of people 166 00:09:33,280 --> 00:09:37,000 Speaker 5: in the Trump administration who were twenty somethings or thirty somethings. 167 00:09:37,000 --> 00:09:42,120 Speaker 5: They were young people, and these bastards when after them 168 00:09:42,200 --> 00:09:46,080 Speaker 5: tried to bankrupt them, they had hundreds of thousands or 169 00:09:46,200 --> 00:09:50,080 Speaker 5: more in legal expenses, and they tried to make it. 170 00:09:50,120 --> 00:09:51,680 Speaker 5: And by the way, these are the same people that 171 00:09:51,800 --> 00:09:55,160 Speaker 5: publicly said, if you worked for Trump, we're gonna do 172 00:09:55,200 --> 00:09:58,720 Speaker 5: everything we can to make you unemployable, to pressure law 173 00:09:58,760 --> 00:10:01,559 Speaker 5: firms they shouldn't hire you, to pressure companies, they shouldn't 174 00:10:01,640 --> 00:10:06,960 Speaker 5: hire you. They wanted to destroy anyone who was willing 175 00:10:07,040 --> 00:10:08,320 Speaker 5: to work with Donald Trump. 176 00:10:08,400 --> 00:10:09,679 Speaker 6: That's the viciousness. 177 00:10:10,160 --> 00:10:14,120 Speaker 5: And at the same time, they're urging Joe Biden pardon 178 00:10:14,160 --> 00:10:18,560 Speaker 5: everybody because people who actually committed felonies, we don't want 179 00:10:18,600 --> 00:10:21,400 Speaker 5: them investigated and we certainly don't want them prosecute. 180 00:10:21,840 --> 00:10:24,280 Speaker 2: Now, if you want to hear the rest of this conversation, 181 00:10:24,480 --> 00:10:26,880 Speaker 2: you can go back and listen to the full podcast 182 00:10:26,920 --> 00:10:31,760 Speaker 2: from earlier this week. Now onto story number two. All right, 183 00:10:31,840 --> 00:10:34,000 Speaker 2: so we originally thought we were going to start this 184 00:10:34,080 --> 00:10:38,240 Speaker 2: show tonight. Senator talking about the FBI and Caspertel being 185 00:10:38,320 --> 00:10:42,679 Speaker 2: named the FBI director. This is a name that Democrats 186 00:10:42,720 --> 00:10:45,480 Speaker 2: do not like, Caspertel. So if you want to understand history, 187 00:10:45,800 --> 00:10:49,280 Speaker 2: this is the guy that actually the deep state went 188 00:10:49,360 --> 00:10:52,120 Speaker 2: after when he was working for Donald Trump the first 189 00:10:52,120 --> 00:10:56,160 Speaker 2: time with Russia, Russia, Russia, and he found out about 190 00:10:56,200 --> 00:11:00,200 Speaker 2: it that when when apparently Google five years out up 191 00:11:00,200 --> 00:11:02,600 Speaker 2: to the fact, sen him a letter saying, hey, we 192 00:11:02,679 --> 00:11:05,200 Speaker 2: had to disclose to you now that we gave a 193 00:11:05,240 --> 00:11:08,520 Speaker 2: bunch of your information over to the FBI. That's the 194 00:11:08,640 --> 00:11:11,600 Speaker 2: now the guy that will be running the FBI if 195 00:11:11,600 --> 00:11:12,559 Speaker 2: he gets confirmed. 196 00:11:12,960 --> 00:11:16,880 Speaker 5: Your reaction, well, I think this is a strong nomination. 197 00:11:17,040 --> 00:11:20,319 Speaker 5: I think we're seeing Democrats and we're seeing the media 198 00:11:20,360 --> 00:11:23,480 Speaker 5: freaking out, and they're freaking out not because they think 199 00:11:23,520 --> 00:11:27,280 Speaker 5: cash Battel is unqualified, but rather because they believe he 200 00:11:27,320 --> 00:11:29,679 Speaker 5: will actually do what Trump promised he would do. They 201 00:11:29,720 --> 00:11:34,160 Speaker 5: believe he will actually clean out the corruption at the FBI, 202 00:11:34,280 --> 00:11:38,240 Speaker 5: that he will take on the partisans that have burrowed 203 00:11:38,240 --> 00:11:41,559 Speaker 5: into senior career positions. This is something we've been calling 204 00:11:41,559 --> 00:11:43,960 Speaker 5: for on this podcast for a long time, to have 205 00:11:44,080 --> 00:11:47,439 Speaker 5: leadership that is willing to really root out the partisanship 206 00:11:47,440 --> 00:11:50,360 Speaker 5: and corruption and say no more. The FBI needs to 207 00:11:50,400 --> 00:11:54,880 Speaker 5: restore its integrity. I think this is a nomination. The 208 00:11:55,040 --> 00:11:58,120 Speaker 5: reason people are losing their minds is because they believe 209 00:11:58,520 --> 00:12:00,920 Speaker 5: cash Battel is going to do exactly what Trump said 210 00:12:00,920 --> 00:12:01,280 Speaker 5: he would do. 211 00:12:02,920 --> 00:12:05,880 Speaker 2: And Senator you actually talked about this on Sunday morning 212 00:12:05,880 --> 00:12:08,199 Speaker 2: on Face to Nation on CBS, and it was very 213 00:12:08,200 --> 00:12:09,600 Speaker 2: interesting to see the back and forth. 214 00:12:09,679 --> 00:12:11,360 Speaker 1: Take a listen to that for people that may have 215 00:12:11,360 --> 00:12:11,760 Speaker 1: missed it. 216 00:12:12,240 --> 00:12:15,720 Speaker 7: Cash Battel suggested by Trump as the new leader of 217 00:12:15,720 --> 00:12:18,960 Speaker 7: the FBI. How enthusiastic are you about that? 218 00:12:21,200 --> 00:12:21,480 Speaker 1: Listen? 219 00:12:21,520 --> 00:12:24,280 Speaker 5: I think cash Battel is a very strong nominee. I 220 00:12:24,320 --> 00:12:27,679 Speaker 5: think the entire slate of cabinet nominees President Trump is 221 00:12:27,760 --> 00:12:30,680 Speaker 5: put forward is very strong. I believe every one of 222 00:12:30,679 --> 00:12:34,080 Speaker 5: these cabinet nominees is going to be confirmed by the Senate. 223 00:12:34,080 --> 00:12:36,880 Speaker 5: I think cash Battel is going to be confirmed by 224 00:12:36,920 --> 00:12:39,079 Speaker 5: the Senate. You look at his background. He has a 225 00:12:39,200 --> 00:12:43,000 Speaker 5: serious professional background. He was a prosecutor, He was a 226 00:12:43,040 --> 00:12:47,840 Speaker 5: public defender. He was a senior intelligence staffer on Capitol Hill. 227 00:12:47,920 --> 00:12:50,920 Speaker 5: He was a senior intelligence staffer in the White House. 228 00:12:50,960 --> 00:12:53,160 Speaker 5: He was the chief of staff of the Department of Defense. 229 00:12:53,400 --> 00:12:56,600 Speaker 5: He was the deputy director of National Intelligence. And I 230 00:12:56,640 --> 00:12:59,240 Speaker 5: got to say, all of the weeping and gnashing of teeth, 231 00:12:59,280 --> 00:13:02,120 Speaker 5: all of the people their hair out, are exactly the 232 00:13:02,160 --> 00:13:05,200 Speaker 5: people who are dismayed about having a real reformer come 233 00:13:05,200 --> 00:13:10,560 Speaker 5: into the FBI and clean out the corrupted partisans who 234 00:13:10,720 --> 00:13:14,520 Speaker 5: sadly have burrowed into senior career positions at the FBI. 235 00:13:14,640 --> 00:13:17,599 Speaker 5: The FBI and the Department of Justice, or two institutions 236 00:13:18,000 --> 00:13:21,200 Speaker 5: incredibly important to the rule of law in the United States. 237 00:13:21,280 --> 00:13:25,400 Speaker 5: I revere both, and one of the most tragic consequences 238 00:13:25,440 --> 00:13:28,560 Speaker 5: of four years of Joe Biden Kamala Harris is both 239 00:13:28,640 --> 00:13:32,960 Speaker 5: DOJ and the FBI have been politicized and weaponized. And 240 00:13:33,000 --> 00:13:35,880 Speaker 5: I think Cash Pattel is a very strong nominee to 241 00:13:36,000 --> 00:13:39,800 Speaker 5: take on the partisan corruption in the FBI. 242 00:13:40,080 --> 00:13:42,160 Speaker 7: As you know, Senator, there isn't a vacancy at the 243 00:13:42,160 --> 00:13:44,559 Speaker 7: top of the FBI. What should become of Christopher Ray 244 00:13:44,600 --> 00:13:45,960 Speaker 7: appointed by President Trump. 245 00:13:47,800 --> 00:13:50,000 Speaker 5: Well, I think he'll make a choice. I think either 246 00:13:50,040 --> 00:13:52,360 Speaker 5: he will resign or President Trump will fire him. But 247 00:13:52,600 --> 00:13:55,680 Speaker 5: it's no secret to anybody, including Chris Ray, that he 248 00:13:55,760 --> 00:13:57,480 Speaker 5: is not going to continue to serve as the head 249 00:13:57,480 --> 00:14:01,439 Speaker 5: of the FBI under Donald Trump. Listen, if you look 250 00:14:02,080 --> 00:14:05,360 Speaker 5: at James Comy and Chris Ray, there has never been 251 00:14:05,400 --> 00:14:08,000 Speaker 5: a period in our nation's history where the FBI has 252 00:14:08,040 --> 00:14:12,360 Speaker 5: suffered a greater loss of respect where more Americans doubt 253 00:14:12,679 --> 00:14:16,000 Speaker 5: the fundamental integrity of the FBI. And it's because James 254 00:14:16,080 --> 00:14:19,800 Speaker 5: Comy and Chris Ray presided over allowing the FBI to 255 00:14:19,880 --> 00:14:24,120 Speaker 5: become a partisan cudgel, to be used to target parents 256 00:14:24,120 --> 00:14:26,960 Speaker 5: at school board meetings, to be used to target people 257 00:14:27,000 --> 00:14:29,480 Speaker 5: who chose not to take the COVID vaccine, to be 258 00:14:29,600 --> 00:14:32,480 Speaker 5: used to target President Trump, and to target the political 259 00:14:32,560 --> 00:14:35,720 Speaker 5: opponents of Joe Biden and the White House. It is tragic. 260 00:14:35,840 --> 00:14:38,000 Speaker 5: That is not what the FBI is for. That is 261 00:14:38,000 --> 00:14:40,560 Speaker 5: not what the DOJ is for. And I got to say, 262 00:14:40,600 --> 00:14:43,680 Speaker 5: Pam Bondi and Cash Patel, I think together are a 263 00:14:43,800 --> 00:14:47,280 Speaker 5: very strong slate of nominees to go and restore integrity 264 00:14:47,560 --> 00:14:48,720 Speaker 5: to both institutions. 265 00:14:50,560 --> 00:14:52,160 Speaker 1: I don't think it can be better said than that. 266 00:14:52,240 --> 00:14:55,520 Speaker 2: And that's why there's so many that are freaked out 267 00:14:55,520 --> 00:14:57,720 Speaker 2: over Patel, because he's going to go in and do 268 00:14:58,000 --> 00:15:00,320 Speaker 2: his job the way it's supposed to be done. And 269 00:15:00,400 --> 00:15:02,400 Speaker 2: also that means part of the part of this is 270 00:15:02,440 --> 00:15:05,560 Speaker 2: clearinghouse clearinghouse and the political partisans that are in there 271 00:15:05,560 --> 00:15:07,720 Speaker 2: that have weaponized the government. 272 00:15:09,760 --> 00:15:12,520 Speaker 6: That's exactly right, and we've seen it. You know. 273 00:15:12,600 --> 00:15:16,040 Speaker 5: I wrote a book called Justice Corrupted, How the Left 274 00:15:16,080 --> 00:15:18,880 Speaker 5: is weaponized the legal system, And in the book, I 275 00:15:18,960 --> 00:15:23,640 Speaker 5: described how starting with Barack Obama, we saw the Department 276 00:15:23,680 --> 00:15:26,000 Speaker 5: of Justice, and the FBI and the CIA and the 277 00:15:26,040 --> 00:15:29,480 Speaker 5: alphabet soup of the federal government turned into a weapon 278 00:15:29,520 --> 00:15:34,360 Speaker 5: to target and persecute the political enemies of Barack Obama. 279 00:15:35,080 --> 00:15:38,680 Speaker 5: When Trump became president, those partisans, what they did is 280 00:15:38,800 --> 00:15:42,920 Speaker 5: they went into senior career positions in the agencies, and 281 00:15:43,200 --> 00:15:46,119 Speaker 5: from day one, from the first day of Trump's first term, 282 00:15:46,640 --> 00:15:50,640 Speaker 5: they waged war on Donald Trump from within the deep state. 283 00:15:50,840 --> 00:15:53,960 Speaker 5: They wanted to destroy him, they wanted to stop his agenda. 284 00:15:54,400 --> 00:15:58,240 Speaker 5: They hated him. And then when Joe Biden became president, 285 00:15:58,400 --> 00:16:01,320 Speaker 5: they came out in the open. They were brazen, that 286 00:16:01,360 --> 00:16:06,040 Speaker 5: they were completely that they were not pretending anymore. And 287 00:16:06,360 --> 00:16:09,520 Speaker 5: so listen, as I said, I think Cash Mattel will 288 00:16:09,560 --> 00:16:12,200 Speaker 5: be confirmed, and when he is, I think it is 289 00:16:12,240 --> 00:16:17,280 Speaker 5: going to be hugely important that he followed through on 290 00:16:17,320 --> 00:16:20,720 Speaker 5: those promises to get rid of the partisans. And listen, 291 00:16:20,760 --> 00:16:23,360 Speaker 5: a point I made. Major Garrett was pressing back saying, 292 00:16:23,360 --> 00:16:26,480 Speaker 5: when this is terrible that Chris Ray would be fired. Listen, 293 00:16:26,480 --> 00:16:30,080 Speaker 5: in the entire history of the FBI, we have never 294 00:16:30,200 --> 00:16:35,120 Speaker 5: seen the respect for the FBI diminished as greatly as 295 00:16:35,120 --> 00:16:37,400 Speaker 5: it has been under Chris Ray and under James Comy 296 00:16:37,480 --> 00:16:42,120 Speaker 5: before him, that the American people no longer trust the 297 00:16:42,160 --> 00:16:46,400 Speaker 5: integrity of the FBI. That is listen with James Comy. 298 00:16:46,480 --> 00:16:48,520 Speaker 5: I think he's a hard partisan. I think he was 299 00:16:48,520 --> 00:16:50,920 Speaker 5: the point of the spear. With Chris Ray, I think 300 00:16:50,920 --> 00:16:53,560 Speaker 5: it's different. I actually think Chris Ray he's not a Democrat, 301 00:16:53,560 --> 00:16:54,680 Speaker 5: he's a Republican, he's. 302 00:16:54,560 --> 00:16:55,360 Speaker 6: Not a leftist. 303 00:16:55,880 --> 00:17:00,320 Speaker 5: But he views his job as protecting the institution. And 304 00:17:00,360 --> 00:17:03,400 Speaker 5: I think he made a fundamental mistake that he believes 305 00:17:03,400 --> 00:17:08,960 Speaker 5: that protecting the career senior officials who themselves are vicious partisans. 306 00:17:09,480 --> 00:17:12,240 Speaker 5: I think he thinks that's somehow protecting the FBI, where 307 00:17:12,240 --> 00:17:16,560 Speaker 5: the result is that the public respect of the FBI 308 00:17:16,600 --> 00:17:20,159 Speaker 5: has been profoundly damaged. I think the new director of 309 00:17:20,200 --> 00:17:23,720 Speaker 5: the FBI has a very important job to root out 310 00:17:23,760 --> 00:17:28,000 Speaker 5: those partisans and to bring it back to a fidelity 311 00:17:28,040 --> 00:17:30,920 Speaker 5: to law. By the way, I think the other political 312 00:17:30,960 --> 00:17:35,639 Speaker 5: prosecutions that have been brought are natural candidates for the 313 00:17:35,680 --> 00:17:37,760 Speaker 5: pardon power if you look at Donald Trump, I think 314 00:17:37,800 --> 00:17:41,200 Speaker 5: Donald Trump should pardon those people who've been prosecuted for 315 00:17:41,320 --> 00:17:44,800 Speaker 5: January sixth, who did not engage in crimes of violence. 316 00:17:44,840 --> 00:17:46,560 Speaker 5: If you engage in a crime of violence, if you 317 00:17:46,600 --> 00:17:51,080 Speaker 5: physically and violently assaulted a police officer, you shouldn't be pardoned. 318 00:17:51,160 --> 00:17:54,720 Speaker 5: You should face criminal prosecution if you committed a crime 319 00:17:54,720 --> 00:17:57,040 Speaker 5: of violence against a police officer. But if you were 320 00:17:57,080 --> 00:18:00,800 Speaker 5: engaged in peaceful protest, I think those are natural candidates 321 00:18:00,800 --> 00:18:04,119 Speaker 5: for pardons. I also think Lauren Handy, who is the 322 00:18:04,640 --> 00:18:09,119 Speaker 5: pro life protester who's right now serving six years in 323 00:18:09,200 --> 00:18:13,760 Speaker 5: federal prison for nonviolent protest against abortion. I think Lauren 324 00:18:13,800 --> 00:18:18,359 Speaker 5: Handy is a natural candidate for a pardon from President Trump. 325 00:18:18,400 --> 00:18:21,480 Speaker 5: I think there's a very substantial likelihood she will receive 326 00:18:21,480 --> 00:18:25,119 Speaker 5: a pardon. I think the nonviolent January sixth protesters are 327 00:18:25,240 --> 00:18:28,080 Speaker 5: likely to receive pardons, and that is going to cause 328 00:18:28,119 --> 00:18:30,600 Speaker 5: Democrats in the media to lose their mind, because not 329 00:18:30,640 --> 00:18:33,080 Speaker 5: only are they happy to look the other way at 330 00:18:33,160 --> 00:18:35,840 Speaker 5: the weaponization of the Department of Justice and the FBI, 331 00:18:36,440 --> 00:18:39,160 Speaker 5: they are vested in defending that weaponization. 332 00:18:39,359 --> 00:18:42,119 Speaker 6: And that is a mandate. Understand. 333 00:18:42,680 --> 00:18:46,480 Speaker 5: Donald Trump campaigned to the American people saying I will 334 00:18:46,600 --> 00:18:49,919 Speaker 5: root out this corruption, and I think this nomination and 335 00:18:49,960 --> 00:18:54,680 Speaker 5: his following through on that promise is fundamentally about respecting democracy. 336 00:18:54,720 --> 00:18:58,040 Speaker 5: The American people said, yes, we don't want the federal 337 00:18:58,080 --> 00:19:02,840 Speaker 5: government weaponized against the political opposition of the White House 338 00:19:03,600 --> 00:19:04,280 Speaker 5: as before. 339 00:19:04,480 --> 00:19:06,360 Speaker 2: If you want to hear the rest of this conversation 340 00:19:06,640 --> 00:19:09,000 Speaker 2: on this topic, you can go back and down the 341 00:19:09,160 --> 00:19:11,680 Speaker 2: podcasts from earlier this week to hear the entire thing. 342 00:19:13,000 --> 00:19:15,359 Speaker 2: I want to get back to the big story number 343 00:19:15,359 --> 00:19:18,000 Speaker 2: three of the week you may have missed SATA. I 344 00:19:18,080 --> 00:19:20,720 Speaker 2: want to move to this other case, and it is 345 00:19:20,800 --> 00:19:22,960 Speaker 2: a case that has really. 346 00:19:22,680 --> 00:19:23,880 Speaker 1: Been interesting to follow. 347 00:19:24,440 --> 00:19:29,040 Speaker 2: The Supreme Court hearing this case on gender transitions for minors. 348 00:19:29,119 --> 00:19:29,320 Speaker 1: Now. 349 00:19:29,359 --> 00:19:31,600 Speaker 2: This has all come out of a case in Tennessee 350 00:19:32,200 --> 00:19:37,400 Speaker 2: where Tennessee was arguing that you must protect children from 351 00:19:37,480 --> 00:19:43,120 Speaker 2: harm and body mutilation, especially at very young ages, and 352 00:19:43,440 --> 00:19:46,520 Speaker 2: the left and the federal government saying, well, hold on 353 00:19:46,600 --> 00:19:50,960 Speaker 2: a second, we are in favor of this transgender care, 354 00:19:51,680 --> 00:19:54,760 Speaker 2: arguing that even those that are two and three and 355 00:19:54,760 --> 00:19:57,760 Speaker 2: four years old, they know that they're trands, so let 356 00:19:57,800 --> 00:20:00,000 Speaker 2: them be sterilized and castrate themselves. 357 00:20:00,080 --> 00:20:00,320 Speaker 1: Els. 358 00:20:00,680 --> 00:20:04,960 Speaker 2: That is what the ACLU lawyer said in his own 359 00:20:05,040 --> 00:20:09,120 Speaker 2: words while he was arguing this on TV on CNN. 360 00:20:09,240 --> 00:20:11,439 Speaker 1: I want you to listen and get your reaction to that. 361 00:20:11,720 --> 00:20:15,240 Speaker 8: I would say is nobody has to provide this medication 362 00:20:15,600 --> 00:20:18,240 Speaker 8: to adolescents. These are not doctors being forced to provide 363 00:20:18,240 --> 00:20:22,000 Speaker 8: this medication. These are doctors who are wanting to treat 364 00:20:22,080 --> 00:20:24,000 Speaker 8: their patients in the best way that they know how, 365 00:20:24,040 --> 00:20:26,600 Speaker 8: based on the best available evidence to us. And these 366 00:20:26,640 --> 00:20:28,359 Speaker 8: are young people who may have known since they were 367 00:20:28,359 --> 00:20:31,199 Speaker 8: two years old exactly who they are, who suffered for 368 00:20:31,280 --> 00:20:34,080 Speaker 8: six seven years before they had any relief. And what's 369 00:20:34,080 --> 00:20:36,560 Speaker 8: happening here, it's not the kids who are consenting to 370 00:20:36,600 --> 00:20:39,080 Speaker 8: this treatment, it's the parents who are consenting to the treatment. 371 00:20:39,200 --> 00:20:41,520 Speaker 8: And as a parent, I would say, we when our 372 00:20:41,600 --> 00:20:43,560 Speaker 8: children are suffering, we are suffering. 373 00:20:43,800 --> 00:20:44,800 Speaker 1: And these are parents. 374 00:20:44,600 --> 00:20:46,760 Speaker 8: Who love their children, who are listening to the advice 375 00:20:46,960 --> 00:20:49,760 Speaker 8: of their doctors, of the mainstream medical community, and doing 376 00:20:49,760 --> 00:20:51,960 Speaker 8: what's right for their kids. In the state of Tennessee 377 00:20:51,960 --> 00:20:53,120 Speaker 8: has displaced their judgment. 378 00:20:54,200 --> 00:20:56,639 Speaker 2: Now you hear that argument, and that to me is 379 00:20:56,760 --> 00:20:59,600 Speaker 2: just I'm sorry, child abuse if you're mutilating a child 380 00:20:59,760 --> 00:21:02,399 Speaker 2: too and three and four years old, And that's what 381 00:21:02,440 --> 00:21:03,320 Speaker 2: Tennessee was saying. 382 00:21:04,760 --> 00:21:08,439 Speaker 5: Well, Tennessee passed I think a very reasonable law that 383 00:21:08,440 --> 00:21:14,880 Speaker 5: that prohibited puberty blockers and hormones and sterilizing children, sterilizing minors, 384 00:21:15,520 --> 00:21:18,840 Speaker 5: and and we're seeing multiple state legislatures that are acting 385 00:21:18,880 --> 00:21:21,200 Speaker 5: to protect children. I think that is a reasonable and 386 00:21:21,320 --> 00:21:25,560 Speaker 5: common sense step. And and what happened is is unsurprisingly 387 00:21:25,680 --> 00:21:29,440 Speaker 5: that that the state got sued and the ACLU argued 388 00:21:29,520 --> 00:21:32,719 Speaker 5: that that that making it illegal for a small child 389 00:21:32,840 --> 00:21:36,000 Speaker 5: to be sterilized and made permanently unable to have children 390 00:21:37,000 --> 00:21:42,160 Speaker 5: or even to be mutilated, that that prohibiting that violated 391 00:21:42,280 --> 00:21:46,360 Speaker 5: the fourteenth Amendment, the equal protection clause of the Constitution. 392 00:21:46,840 --> 00:21:48,080 Speaker 5: That that was the argument. 393 00:21:48,119 --> 00:21:49,360 Speaker 6: And this the. 394 00:21:49,400 --> 00:21:51,960 Speaker 5: Court of Appeals upheld the Tennessee law, and the Supreme 395 00:21:52,000 --> 00:21:54,159 Speaker 5: Court took the case. And and so that that was 396 00:21:54,200 --> 00:21:58,080 Speaker 5: the argument you heard right there, the ASLU lawyers arguing 397 00:21:58,880 --> 00:22:01,800 Speaker 5: UH for being able to sterilize eight year old. Just 398 00:22:01,920 --> 00:22:04,280 Speaker 5: using the math the lawyer laid out. The lawyer talked 399 00:22:04,320 --> 00:22:09,000 Speaker 5: about a child at the age of two might know 400 00:22:09,119 --> 00:22:11,320 Speaker 5: that he or she is transgender, and they might have 401 00:22:11,359 --> 00:22:14,520 Speaker 5: had to wait six years. Last I checked, two plus 402 00:22:14,560 --> 00:22:17,879 Speaker 5: six is eight. And so the legal argument is that 403 00:22:17,920 --> 00:22:22,200 Speaker 5: eight year old, the parent should be able to sterilize 404 00:22:22,200 --> 00:22:24,680 Speaker 5: that child. And you know what if that child decides 405 00:22:24,720 --> 00:22:27,840 Speaker 5: that at eighteen he or she wants to be a 406 00:22:27,920 --> 00:22:30,880 Speaker 5: dad or wants to be a mom. Well, too late now, 407 00:22:30,960 --> 00:22:34,119 Speaker 5: because when you were eight, we went ahead and sterilized you. 408 00:22:34,200 --> 00:22:37,240 Speaker 5: So there's no going back. And this argument went back 409 00:22:37,240 --> 00:22:40,160 Speaker 5: and forth. Right, I'm going to make a prediction. My prediction, 410 00:22:40,320 --> 00:22:44,040 Speaker 5: I think the Supreme Court is going to uphold Tennessee's law, 411 00:22:44,800 --> 00:22:48,040 Speaker 5: and I think we may see a breakdown that plays 412 00:22:48,080 --> 00:22:50,480 Speaker 5: out along pretty familiar ideological lines. 413 00:22:50,520 --> 00:22:52,240 Speaker 6: Now, it was pretty striking. 414 00:22:53,200 --> 00:22:59,560 Speaker 5: The three liberal justices all were asking questions that I 415 00:22:59,600 --> 00:23:05,159 Speaker 5: got to say, we're really extreme and showing the modern left. 416 00:23:05,560 --> 00:23:11,400 Speaker 5: They are all in on mutilating and sterilizing children. This 417 00:23:11,480 --> 00:23:15,320 Speaker 5: is not a fringe view on the left. Today's elected 418 00:23:15,359 --> 00:23:19,760 Speaker 5: Democrats and sadly the left wing activists they put on 419 00:23:19,800 --> 00:23:25,399 Speaker 5: the courts are absolutely committed to this extreme agenda. So 420 00:23:25,400 --> 00:23:26,359 Speaker 5: I want you to listen to. 421 00:23:26,440 --> 00:23:28,520 Speaker 2: This side of my org justice, side of my order 422 00:23:28,600 --> 00:23:32,440 Speaker 2: downplaying the risk of mutilation of miners in this back 423 00:23:32,480 --> 00:23:36,000 Speaker 2: and forth, in these aural arguments, this is what she said. 424 00:23:36,200 --> 00:23:40,199 Speaker 9: Cannot eliminate the risk of detransitioners. So it becomes a 425 00:23:40,320 --> 00:23:45,359 Speaker 9: pure exercise of weighing benefits versus risk, and the question 426 00:23:45,440 --> 00:23:48,720 Speaker 9: of how many miners have to have their bodies irreparably 427 00:23:48,760 --> 00:23:52,359 Speaker 9: harmed for unproven benefits is one that is best left. 428 00:23:52,440 --> 00:23:58,520 Speaker 10: I'm sorry, counselor. Every medical treatment has a risk, even 429 00:23:58,560 --> 00:24:04,400 Speaker 10: taking ascron. There is always going to be a percentage 430 00:24:04,400 --> 00:24:07,399 Speaker 10: of the population under any medical treatment that's going to 431 00:24:07,480 --> 00:24:08,919 Speaker 10: suffer a harm. 432 00:24:10,160 --> 00:24:12,640 Speaker 6: So the question, in my mind is not. 433 00:24:14,240 --> 00:24:19,360 Speaker 10: Do policy makers decide whether one person's life is more 434 00:24:19,480 --> 00:24:23,760 Speaker 10: valuable than the millions of others who get relief from 435 00:24:23,800 --> 00:24:28,160 Speaker 10: this treatment. The question is can you stop one sex 436 00:24:28,240 --> 00:24:31,040 Speaker 10: from the other one? 437 00:24:31,240 --> 00:24:34,720 Speaker 2: I mean, she's saying this is not a big deal 438 00:24:34,800 --> 00:24:38,760 Speaker 2: at all if you're mutilating a child, because even aspirin 439 00:24:39,160 --> 00:24:42,000 Speaker 2: has risks and effects, so therefore, just put it under 440 00:24:42,000 --> 00:24:43,679 Speaker 2: the category of everything goes. 441 00:24:45,040 --> 00:24:50,080 Speaker 5: Well. That sums up today's radical left. In their view, 442 00:24:51,160 --> 00:24:57,520 Speaker 5: severing a child's genitals is comparable to taking aspirin. She 443 00:24:57,720 --> 00:25:02,960 Speaker 5: also claimed, quote million ens of people are getting relief 444 00:25:03,320 --> 00:25:07,320 Speaker 5: from this. Now, thankfully we do not currently have millions 445 00:25:07,359 --> 00:25:11,159 Speaker 5: of children being sterilized. But let's be clear, that's the 446 00:25:11,280 --> 00:25:15,879 Speaker 5: left's worldview, is that sterilizing little boys and little girls, 447 00:25:15,960 --> 00:25:21,240 Speaker 5: mutilating them, making them permanently unable to have children. That 448 00:25:21,320 --> 00:25:25,000 Speaker 5: should be happening on the scale of millions and millions 449 00:25:25,040 --> 00:25:28,200 Speaker 5: of little boys and little girls. That is Justice Soda 450 00:25:28,240 --> 00:25:32,240 Speaker 5: bay Or here to take a listen to Justice. 451 00:25:33,640 --> 00:25:35,280 Speaker 6: Justice k. Katanji Brown Jackson. 452 00:25:35,640 --> 00:25:38,040 Speaker 11: Drawn by the statute that was sort of like the 453 00:25:38,080 --> 00:25:42,280 Speaker 11: starting point. The question was whether it was discriminatory because 454 00:25:42,280 --> 00:25:45,920 Speaker 11: it applied to both races and it wasn't necessarily invidious 455 00:25:46,000 --> 00:25:48,640 Speaker 11: or whatever. But you know, as I read the statue here, 456 00:25:49,320 --> 00:25:52,399 Speaker 11: excuse me the case here. You know, the court starts 457 00:25:52,400 --> 00:25:54,720 Speaker 11: off by saying that Virginia is now one of sixteen 458 00:25:54,760 --> 00:25:57,679 Speaker 11: states which prohibit and punished marriages on the basis of 459 00:25:57,800 --> 00:26:01,000 Speaker 11: racial classifications. And when you look at the structure of 460 00:26:01,000 --> 00:26:04,080 Speaker 11: that law, it looks in terms of incontinuing you can't 461 00:26:04,119 --> 00:26:07,480 Speaker 11: do something that is inconsistent with your own characteristics. 462 00:26:07,520 --> 00:26:08,640 Speaker 6: It's sort of the same thing. 463 00:26:08,800 --> 00:26:11,040 Speaker 11: So it's interesting to me that we now have this 464 00:26:11,080 --> 00:26:13,560 Speaker 11: different argument, and I wonder whether Virginia could have gotten 465 00:26:13,840 --> 00:26:17,679 Speaker 11: away with what they did here by just making a 466 00:26:17,720 --> 00:26:21,760 Speaker 11: classification argument the way that Tennessee is in this case. 467 00:26:22,160 --> 00:26:23,960 Speaker 1: Yes, I think that's exactly right. 468 00:26:23,960 --> 00:26:26,960 Speaker 11: That there is absolutely a parallel between any law that 469 00:26:27,040 --> 00:26:30,560 Speaker 11: says you can't act inconsistent with a protected characteristic and 470 00:26:30,920 --> 00:26:31,840 Speaker 11: all other contents. 471 00:26:32,359 --> 00:26:33,040 Speaker 1: You hear it there. 472 00:26:33,600 --> 00:26:36,600 Speaker 2: This is another example of just how extreme these and 473 00:26:36,640 --> 00:26:38,159 Speaker 2: this is one of the elections, by the way, are 474 00:26:38,200 --> 00:26:41,000 Speaker 2: so important center. I mean, this is why Donald Trump 475 00:26:41,040 --> 00:26:43,400 Speaker 2: being elected was so important, because when he's not, when 476 00:26:43,440 --> 00:26:45,760 Speaker 2: you don't have a conservative in the White House, you 477 00:26:45,840 --> 00:26:49,639 Speaker 2: get these radical activists who are Supreme Court justices, and 478 00:26:49,680 --> 00:26:51,520 Speaker 2: if they have the majority, this is what they want 479 00:26:51,600 --> 00:26:52,159 Speaker 2: you to be able to do. 480 00:26:52,240 --> 00:26:54,280 Speaker 1: This is what they want to happen to your children. 481 00:26:54,800 --> 00:26:57,520 Speaker 5: Well, and let me break down what that exchange back 482 00:26:57,520 --> 00:27:01,600 Speaker 5: and forth was. So Katanji Brown Jackson, who Joe Biden 483 00:27:01,680 --> 00:27:05,480 Speaker 5: put on the Supreme Court, is comparing this Tennessee law 484 00:27:06,200 --> 00:27:09,200 Speaker 5: to the law in Loving versus Virginia. Now, Loving versus 485 00:27:09,240 --> 00:27:12,639 Speaker 5: Virginia's a Supreme Court case. It's a landmark case that 486 00:27:12,920 --> 00:27:17,399 Speaker 5: struck down Virginia's ban decades ago, many many years ago 487 00:27:17,880 --> 00:27:22,840 Speaker 5: on interracial marriage on African Americans and Anglos choosing to 488 00:27:22,840 --> 00:27:26,600 Speaker 5: get married. And she says, quote, it's sort of the 489 00:27:26,680 --> 00:27:31,720 Speaker 5: same thing. Now, Virginia's law was an abomination. It was 490 00:27:31,840 --> 00:27:36,719 Speaker 5: restricting adults making the decision to get married. It was 491 00:27:37,359 --> 00:27:41,960 Speaker 5: deliberately doing so. On the basis of race, which, mind you, 492 00:27:42,119 --> 00:27:46,400 Speaker 5: we fought a civil war in significant part to end 493 00:27:46,480 --> 00:27:50,119 Speaker 5: slavery and to vindicate equal rights. And we passed and 494 00:27:50,200 --> 00:27:54,080 Speaker 5: adopted the thirteenth, fourteenth, and fifteenth Amendments to end slavery, 495 00:27:54,119 --> 00:27:57,399 Speaker 5: to protect equal protection, and to give African Americans the 496 00:27:57,520 --> 00:28:00,840 Speaker 5: right to vote, to ensure that there's not race discrimination. 497 00:28:00,960 --> 00:28:05,920 Speaker 5: But in the less view, not sterilizing an eight year 498 00:28:05,920 --> 00:28:10,359 Speaker 5: old is the same thing like that is bizarre. And 499 00:28:10,400 --> 00:28:14,040 Speaker 5: by the way, the person who responds to Justice Jackson 500 00:28:14,840 --> 00:28:19,159 Speaker 5: is Joe Biden's solicitor General, the top lawyer for the 501 00:28:19,160 --> 00:28:22,960 Speaker 5: Biden administration before the United States Supreme Court, She say, oh, yeah, 502 00:28:23,119 --> 00:28:26,560 Speaker 5: they're exactly the same thing. In our worldview, you ought 503 00:28:26,560 --> 00:28:29,800 Speaker 5: to be able to mutilate children. It doesn't matter how young. 504 00:28:30,160 --> 00:28:35,320 Speaker 5: The Constitution protects your right to mutilate your child. That 505 00:28:35,600 --> 00:28:41,280 Speaker 5: is a bizarre view. That is an extreme view, and that, 506 00:28:41,560 --> 00:28:46,479 Speaker 5: sadly is is where where today's modern left is. 507 00:28:47,120 --> 00:28:50,280 Speaker 2: Final question on this issue with this case coming out 508 00:28:50,280 --> 00:28:52,640 Speaker 2: of the Supreme Court, and if you look at the 509 00:28:52,680 --> 00:28:56,360 Speaker 2: way that this was being argued, and I think one 510 00:28:56,360 --> 00:28:58,800 Speaker 2: of the other things that's just so unhinged about this 511 00:28:59,080 --> 00:29:02,680 Speaker 2: the argument for medically mutilating minors. Is the fact that 512 00:29:02,760 --> 00:29:06,320 Speaker 2: the issue really does seem to come down to money. 513 00:29:06,520 --> 00:29:09,120 Speaker 2: The amount of money that people are now making off 514 00:29:09,160 --> 00:29:11,640 Speaker 2: these surgeries that's saying it is it is an increase 515 00:29:11,840 --> 00:29:15,360 Speaker 2: year over year of over fourteen point four percent on average, 516 00:29:15,680 --> 00:29:20,959 Speaker 2: So the transgender surgery world and then the lifetime of 517 00:29:21,160 --> 00:29:25,840 Speaker 2: care is expanding at a fourteen point four percent rate 518 00:29:26,360 --> 00:29:31,600 Speaker 2: year over year. That's why so many medical areas, doctors 519 00:29:32,240 --> 00:29:36,680 Speaker 2: and hospitals are advocating for this because they make money. 520 00:29:37,080 --> 00:29:40,280 Speaker 2: Vanderbilt said very clearly to their doctors, either you get 521 00:29:40,320 --> 00:29:42,520 Speaker 2: on board with this or you get out. We're not 522 00:29:42,560 --> 00:29:45,040 Speaker 2: going to let you say no to this because there's 523 00:29:45,080 --> 00:29:48,120 Speaker 2: too much money to be made in quote gender care. 524 00:29:49,440 --> 00:29:52,160 Speaker 5: Yeah, there are vast amounts of money at stake, and 525 00:29:53,320 --> 00:29:59,400 Speaker 5: it has become it really is a strange obsession of 526 00:29:59,440 --> 00:30:02,920 Speaker 5: the radical left. It is it is a virtue signal. 527 00:30:03,680 --> 00:30:10,160 Speaker 5: Remember we had on verdict a couple of months ago. 528 00:30:10,240 --> 00:30:15,200 Speaker 5: Sean Theory Shawn Theory was an African American Democratic state 529 00:30:15,240 --> 00:30:16,320 Speaker 5: rep in Texas. 530 00:30:16,520 --> 00:30:17,800 Speaker 6: She was an elected Democrat. 531 00:30:17,880 --> 00:30:22,240 Speaker 5: She had been elected for four terms and on this issue, 532 00:30:22,360 --> 00:30:25,720 Speaker 5: there was a bill in Texas to prohibit mutilating minors, 533 00:30:26,480 --> 00:30:30,320 Speaker 5: and she ended up voting for it and the Democrat Party. 534 00:30:30,760 --> 00:30:32,720 Speaker 5: She described on the podcast, if you didn't listen to 535 00:30:32,760 --> 00:30:34,240 Speaker 5: that podcast, she ought to go back and listen to 536 00:30:34,280 --> 00:30:39,680 Speaker 5: it because it's incredibly revealing. She described how her fellow Democrats, 537 00:30:39,760 --> 00:30:42,360 Speaker 5: African Americans, and the Texas State Legislature would come to 538 00:30:42,400 --> 00:30:44,920 Speaker 5: her and she said, did you have you study the 539 00:30:45,080 --> 00:30:48,160 Speaker 5: damage this does to children? That if you give puberty 540 00:30:48,200 --> 00:30:51,560 Speaker 5: blockers and you sterilize a child, that it does lifelong 541 00:30:51,680 --> 00:30:54,200 Speaker 5: medical damage to him. It's horrible, And she said the 542 00:30:54,800 --> 00:30:58,040 Speaker 5: many other Democrats she described said, oh, we know, we agree, 543 00:30:58,040 --> 00:31:01,280 Speaker 5: it's terrible, but you cannot oppose this in our party. 544 00:31:01,680 --> 00:31:05,320 Speaker 5: They will end you. Our party will end you. Well. 545 00:31:05,360 --> 00:31:07,520 Speaker 5: She ended up doing the courageous thing and voting for 546 00:31:07,560 --> 00:31:11,280 Speaker 5: common sense and voting for kids, and the Democrats recruited 547 00:31:11,280 --> 00:31:16,040 Speaker 5: a primary challenger to her and beat her in the primary, 548 00:31:16,080 --> 00:31:20,720 Speaker 5: and they spent over one million dollars in a Democrat 549 00:31:21,280 --> 00:31:25,640 Speaker 5: primary for a state house seat. That is how radical 550 00:31:26,320 --> 00:31:29,320 Speaker 5: this issue is. So there is money, There is big 551 00:31:29,400 --> 00:31:32,160 Speaker 5: money on the other side, and it is enforced. 552 00:31:33,040 --> 00:31:34,360 Speaker 6: In the US Senate. 553 00:31:35,080 --> 00:31:38,600 Speaker 5: Every single Democrat has voted in favor of mutilating minors. 554 00:31:38,600 --> 00:31:43,080 Speaker 5: There is no dissension that is allowed on this. And 555 00:31:43,120 --> 00:31:46,320 Speaker 5: I got to say, and Joe Biden is enthusiastically in 556 00:31:46,360 --> 00:31:50,040 Speaker 5: favor of it, you know, I gotta say, also, look 557 00:31:50,120 --> 00:31:54,200 Speaker 5: this Supreme Court case. Part of the reason that there 558 00:31:54,280 --> 00:31:56,960 Speaker 5: is is such focus on it is there was a 559 00:31:56,960 --> 00:32:01,040 Speaker 5: previous Supreme Court decision called boss Stock and boss Stock 560 00:32:01,200 --> 00:32:06,440 Speaker 5: is a decision that interpreted federal anti discrimination law on 561 00:32:06,560 --> 00:32:07,760 Speaker 5: employment discrimination. 562 00:32:07,920 --> 00:32:08,360 Speaker 6: And it is. 563 00:32:08,360 --> 00:32:13,120 Speaker 5: Currently illegal under federal law to discriminate in employment based 564 00:32:13,120 --> 00:32:17,320 Speaker 5: on race and other characteristics, including sex. And in Bostock, 565 00:32:17,440 --> 00:32:20,760 Speaker 5: the Supreme Court took a prohibition on discrimination based on 566 00:32:20,880 --> 00:32:25,200 Speaker 5: sex and construed sex to mean also being transgender. 567 00:32:25,960 --> 00:32:28,760 Speaker 6: And that decision that was a six to three decision. 568 00:32:29,800 --> 00:32:33,440 Speaker 5: That decision was authored by Justice Gorsuch, and it was 569 00:32:33,480 --> 00:32:36,080 Speaker 5: a fairly shocking decision. A lot of people were shocked 570 00:32:36,520 --> 00:32:38,560 Speaker 5: that Justice gorsicic wrote that opinion. 571 00:32:38,760 --> 00:32:41,120 Speaker 6: It was joined by Chief Justice Roberts. 572 00:32:41,760 --> 00:32:44,080 Speaker 5: In addition to what were then for liberals who were 573 00:32:44,120 --> 00:32:46,200 Speaker 5: on the Court at the time, Justice Ginsburg was still 574 00:32:46,200 --> 00:32:48,880 Speaker 5: on the court. It was before amy Cony Barrett had 575 00:32:49,040 --> 00:32:52,120 Speaker 5: been nominated and before Justice Ginsburg obviously had passed away. 576 00:32:53,480 --> 00:32:55,560 Speaker 5: So that was six ' three. On the other side, 577 00:32:56,120 --> 00:32:59,680 Speaker 5: I don't think we will see the same outcome. I 578 00:32:59,680 --> 00:33:02,360 Speaker 5: will say, at the oral argument, Justice Gorsu should not 579 00:33:02,440 --> 00:33:05,240 Speaker 5: say a word, not a word, so we do not 580 00:33:05,440 --> 00:33:09,840 Speaker 5: have any indication from him as to how he will vote. 581 00:33:09,920 --> 00:33:13,920 Speaker 5: But Justice Roberts was quite vocal and and what he 582 00:33:14,000 --> 00:33:16,720 Speaker 5: laid out is actually the reason why I'm confident the 583 00:33:16,760 --> 00:33:19,640 Speaker 5: Tennessee law will be upheld, which, as he laid out, 584 00:33:19,640 --> 00:33:23,880 Speaker 5: the proposition that the Court should be deferring to state 585 00:33:24,000 --> 00:33:28,400 Speaker 5: legislatures and particularly when you're dealing with contested medical evidence, 586 00:33:28,880 --> 00:33:32,560 Speaker 5: that state legislatures are far better suited to assess contested 587 00:33:32,600 --> 00:33:35,440 Speaker 5: medical evidence and make it a termination and make a 588 00:33:35,480 --> 00:33:40,280 Speaker 5: policy decision. That that's that's how our democratic system works. 589 00:33:40,720 --> 00:33:44,200 Speaker 5: And and I think Chief Justice Roberts reasoning that he 590 00:33:44,320 --> 00:33:46,800 Speaker 5: articulated at the oral argument is going to lead him 591 00:33:46,840 --> 00:33:48,680 Speaker 5: to vote to uphold the law. 592 00:33:49,480 --> 00:33:50,920 Speaker 6: I think we will see. 593 00:33:51,000 --> 00:33:53,600 Speaker 5: I think we will certainly see Justice Alito and Justice 594 00:33:53,640 --> 00:33:59,080 Speaker 5: Thomas and Amy Cony, Barrett and Cavanaugh also their arguments 595 00:33:59,160 --> 00:34:03,640 Speaker 5: at oral arguments suggested that they would defer to the 596 00:34:03,680 --> 00:34:08,799 Speaker 5: Tennessee state legislature as well. I hope Justice Gorsuch will 597 00:34:08,840 --> 00:34:11,160 Speaker 5: as well. I think there's a very good chance that 598 00:34:11,200 --> 00:34:14,440 Speaker 5: this will be a six to three decision upholding the 599 00:34:14,480 --> 00:34:20,400 Speaker 5: Tennessee law. But the fact that the Court decided Bostock 600 00:34:20,480 --> 00:34:23,800 Speaker 5: the other way. Now, Bostock was a question of federal 601 00:34:23,960 --> 00:34:27,920 Speaker 5: statute and interpreting the words Congress had adopted. It was 602 00:34:28,000 --> 00:34:32,640 Speaker 5: not a constitutional case. It was not interpreting the equal 603 00:34:32,680 --> 00:34:36,200 Speaker 5: protection clause of the Fourteenth Amendment. And I'll note, by 604 00:34:36,239 --> 00:34:39,080 Speaker 5: the way, there is a third outcome. So what could 605 00:34:39,080 --> 00:34:41,040 Speaker 5: the Supreme Court do here? They could do three things. 606 00:34:41,280 --> 00:34:43,360 Speaker 5: They could do more than three things, but three key things. 607 00:34:43,920 --> 00:34:46,920 Speaker 5: One they could affirm the Tennessee law. That's what I 608 00:34:46,960 --> 00:34:50,040 Speaker 5: think they are likely to do. Two, they could strike 609 00:34:50,080 --> 00:34:53,000 Speaker 5: down the Tennessee law. They could rule that this law 610 00:34:53,120 --> 00:34:56,600 Speaker 5: violates the Constitution and therefore is null and void. I 611 00:34:56,680 --> 00:34:58,520 Speaker 5: do not think they're likely to do that, but I 612 00:34:58,520 --> 00:35:01,000 Speaker 5: think the three Liberals will vote to do exactly that. 613 00:35:01,600 --> 00:35:05,960 Speaker 5: The third option they could do is they could reverse 614 00:35:06,000 --> 00:35:10,920 Speaker 5: the decision and conclude that this law is sex discrimination, 615 00:35:11,200 --> 00:35:15,400 Speaker 5: and under the Constitution, sex discrimination is subject to what's 616 00:35:15,440 --> 00:35:21,680 Speaker 5: called intermediate scrutiny. Now, the toughest standard constitutionally for legal 617 00:35:21,719 --> 00:35:27,040 Speaker 5: analysis is what's called strict scrutiny, and racial discrimination under 618 00:35:27,040 --> 00:35:31,760 Speaker 5: the Constitution by government is subject to strict scrutiny. Sex 619 00:35:31,800 --> 00:35:35,040 Speaker 5: discrimination is subject to intermediate scrutiny. So the middle ground 620 00:35:35,080 --> 00:35:38,520 Speaker 5: they could do is they could vacate the decision below 621 00:35:38,560 --> 00:35:41,400 Speaker 5: and send it back to the lower court to apply 622 00:35:41,680 --> 00:35:45,160 Speaker 5: intermediate scrutiny. I hope they don't do that, and I 623 00:35:45,239 --> 00:35:49,240 Speaker 5: don't think they will, but there is a non zero 624 00:35:49,480 --> 00:35:52,280 Speaker 5: chance they might do that, which is what makes this case. 625 00:35:53,160 --> 00:35:57,160 Speaker 5: Concerning all of that being said, my prediction is they're 626 00:35:57,200 --> 00:36:02,840 Speaker 5: going to conclude correctly that that's Fannesse law is constitutional, 627 00:36:02,880 --> 00:36:05,480 Speaker 5: and that is a judgment for the state legislatures to make. 628 00:36:06,120 --> 00:36:09,399 Speaker 2: As always, thank you for listening to Verdict with Sentner, 629 00:36:09,480 --> 00:36:11,880 Speaker 2: Ted Cruz Ben Ferguson with you don't forget to deal 630 00:36:12,000 --> 00:36:14,200 Speaker 2: with my podcast and you can listen to my podcast 631 00:36:14,280 --> 00:36:16,239 Speaker 2: every other day you're not listening to Verdict or each 632 00:36:16,280 --> 00:36:18,719 Speaker 2: day when you listen to Verdict. Afterwards, I'd love to 633 00:36:18,760 --> 00:36:21,880 Speaker 2: have you as a listener to again the Ben Ferguson podcasts, 634 00:36:21,880 --> 00:36:24,360 Speaker 2: and we will see you back here on Monday morning.