WEBVTT - Mmm, Ted Cruz 0:00:00.240 --> 0:00:03.400 Tweeting while on a family vacation. This week, Ted Cruz 0:00:03.560 --> 0:00:06.800 slammed his critics, claiming that those who hate on him 0:00:06.840 --> 0:00:10.920 are just sexually frustrated and unable to resist is raw 0:00:11.080 --> 0:00:14.440 sex appeal a. Cruz said that Democrats who are fixated 0:00:14.520 --> 0:00:17.800 on criticizing him all the time are obviously motivated by 0:00:17.840 --> 0:00:23.320 their quote deranged sexual frustrations. They are drawn to him, 0:00:23.480 --> 0:00:27.440 an alpha male whose powerful presence and distinct scent of 0:00:27.480 --> 0:00:31.560 a dusty Texas sunrise in September cause his haters to 0:00:31.640 --> 0:00:39.400 lash out in their unfulfilled desire. Ted Cruz, this is 0:00:39.520 --> 0:00:49.479 Verdict with Ted Cruz. Today's episode of Verdict with Ted 0:00:49.560 --> 0:00:52.919 Cruze is sponsored by American Hartford Gold. 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Once your mail is ready, 0:02:59.000 --> 0:03:00.959 you just schedule a pick up or drop it off. 0:03:01.000 --> 0:03:04.560 No traffic, no lines, so cut the confusion out of shipping. 0:03:04.760 --> 0:03:07.360 With stamps dot COM's new Rate Advisor tool, you can 0:03:07.400 --> 0:03:10.120 also compare shipping rates and timelines to easily find the 0:03:10.160 --> 0:03:12.960 best option. So save time and money with stamps dot Com. 0:03:12.960 --> 0:03:16.200 There's no risk and with our promo code Verdict, you 0:03:16.280 --> 0:03:18.360 get a special offer that includes a four week trial 0:03:18.360 --> 0:03:20.799 plus free postage and a digital scale. No long term 0:03:20.800 --> 0:03:23.800 commitments or contracts. Just go to stamps dot com, click 0:03:23.840 --> 0:03:25.880 on the microphone at the top of the homepage and 0:03:25.919 --> 0:03:29.480 type in verdict Welcome back to Verdicts with Ted Cruz. 0:03:29.560 --> 0:03:32.800 I'm Michael Knowles. I'm just seeing now that that article 0:03:33.280 --> 0:03:36.600 was published by the Babylon b though I don't see 0:03:37.000 --> 0:03:40.000 what about it would be funny in any way that 0:03:40.080 --> 0:03:44.520 we now know from AOC among other people, that all 0:03:44.600 --> 0:03:49.520 political criticism is merely grounded in sexual frustration. So Senator, 0:03:49.560 --> 0:03:52.480 I think you would be perfectly justified in making those claims. 0:03:52.880 --> 0:03:55.280 You know. I gotta say, Michael, this has gone a 0:03:55.320 --> 0:04:00.080 little bit viral online, and I'm both puzzled and and 0:04:00.120 --> 0:04:03.320 I guess slightly offended that that people are finding it 0:04:03.440 --> 0:04:09.000 so amusing. I'm not really appreciating the comedy aspect to it. Um, 0:04:09.480 --> 0:04:12.920 you know, the reference to what is at the musk 0:04:13.040 --> 0:04:15.640 of a Texas sunset? I mean, I mean I thought 0:04:15.680 --> 0:04:18.240 that was required to get elected in the great state 0:04:18.240 --> 0:04:24.080 of Texas. And listen, I, for one, find AOC's reasoning compelling. 0:04:24.200 --> 0:04:27.920 She said, everyone who criticized her just wants to date her, 0:04:27.960 --> 0:04:32.000 and that's obviously the case, and and and I guess 0:04:32.040 --> 0:04:34.120 you know what's what's what's good for the goose is 0:04:34.120 --> 0:04:37.800 good for the gander. And so all of the MSNBC 0:04:38.000 --> 0:04:40.760 hosts and CNN hosts and Democrats who foam at the 0:04:40.800 --> 0:04:44.720 mouth are just you know, hot for teacher and and 0:04:44.720 --> 0:04:46.839 and you know they all want to be on this podcast. 0:04:46.880 --> 0:04:49.479 I guess that's what's going on. Liz is the only 0:04:49.520 --> 0:04:52.040 person with two X chromosomes on this show right now. 0:04:52.040 --> 0:04:54.760 I'm not sure about the cactus. Can you attest to 0:04:54.839 --> 0:04:58.760 the verity of what AOC has to say? Um, listen, 0:04:58.920 --> 0:05:01.280 is it? It's Oh, this is hilarious by the way, 0:05:01.279 --> 0:05:04.880 that Babylon Bee article is just it's hysterical. I actually 0:05:04.880 --> 0:05:08.320 texted Seth to see who wrote that particular line that 0:05:08.400 --> 0:05:11.480 just laid me the m Ted cruise line, Because Senator, 0:05:11.520 --> 0:05:13.560 with all due respect, this is the most hilarious thing 0:05:13.560 --> 0:05:16.039 that's ever been written about you. And I'm, like I said, 0:05:16.040 --> 0:05:19.080 I mean that with all respect, but it's actually more believable. 0:05:19.080 --> 0:05:23.200 The AOC thing is more believable if it actually were satire. 0:05:23.279 --> 0:05:26.560 It is hard to comprehend that a sitting member of 0:05:26.640 --> 0:05:30.480 US Congress made a comment about critics of her policies 0:05:30.560 --> 0:05:31.880 and said, well, you just have a crush on me, 0:05:31.920 --> 0:05:33.720 you just want to date me? Like, are we grown 0:05:33.760 --> 0:05:36.719 ups or we adults? Are we really politicians who believe this? 0:05:37.040 --> 0:05:41.280 It's it's unbelievable. Well, in honor of all the frustrated 0:05:41.320 --> 0:05:45.000 and angry lived this year, I'm pleased to announce that 0:05:45.080 --> 0:05:48.600 Verdict will be coming out with a swimsuit calendar, and 0:05:49.480 --> 0:05:52.480 it's just to to help relieve their tension. Yeah, well, 0:05:52.520 --> 0:05:55.280 I know, I know. We will be having some mail 0:05:55.320 --> 0:05:57.880 back questions coming later on. I assume most of them 0:05:57.960 --> 0:06:01.400 will be kind and polite, might be critical, and so 0:06:01.600 --> 0:06:05.280 I look forward to channeling all of those frustrations as 0:06:05.320 --> 0:06:08.039 sexual or otherwise. Absolutely, and anybody who wants to ask 0:06:08.080 --> 0:06:10.160 a question, we have some great questions today. This might 0:06:10.200 --> 0:06:12.600 be the best questions yet. Anybody who wants to ask 0:06:12.640 --> 0:06:15.320 a question of Senator Cruz, Michael Knowles, or me can 0:06:15.360 --> 0:06:18.200 do so on the Verdict plus community. That's Verdict with 0:06:18.240 --> 0:06:21.360 Ted Cruz dot com slash plus. Just head on over there. 0:06:21.400 --> 0:06:23.320 I have a post that says, you know the drill, 0:06:23.640 --> 0:06:26.320 ask the question and it will hopefully be answered on 0:06:26.360 --> 0:06:28.760 the episode. And we will get to that shortly wonderful. 0:06:28.800 --> 0:06:31.960 All right, we'll see you very soon, Liz Senator. I 0:06:32.000 --> 0:06:35.360 think when a lot of people were listening to AOC's 0:06:36.360 --> 0:06:39.400 reasoning here, they thought that she sounds a little bit desperate. 0:06:39.440 --> 0:06:42.760 The lady doth protests too much, methinks. And I can't 0:06:42.760 --> 0:06:47.400 help but notice that twenty four of AOC's Democrat colleagues 0:06:47.440 --> 0:06:50.240 in the House are not running for reelection, this compared 0:06:50.279 --> 0:06:53.240 with only eleven House Republicans who are not running for reelection. 0:06:54.360 --> 0:06:58.479 Are the Democrats afraid of facing an electoral tsunami in 0:06:58.480 --> 0:07:01.920 twenty twenty two. Look, I think they're absolutely afraid of it. 0:07:02.080 --> 0:07:05.680 I would say virtually everyone in Congress expects that the 0:07:05.720 --> 0:07:08.240 election in November is going to be a red wave. 0:07:09.000 --> 0:07:10.360 I think it's going to be on the order of 0:07:10.400 --> 0:07:12.800 magnitude of two and ten. I think it's going to 0:07:12.880 --> 0:07:17.040 be on the order of magnitude of nineteen ninety four. 0:07:17.320 --> 0:07:20.400 That in both instances you had a Democrat president who 0:07:20.480 --> 0:07:23.040 feared too far to the left, and the American people 0:07:23.080 --> 0:07:25.640 said hold on a second, and we saw huge Republican 0:07:25.680 --> 0:07:28.320 majorities come in. I think we're headed the same direction 0:07:28.360 --> 0:07:32.080 in twenty twenty two. Now, if the Republicans retake the House, 0:07:32.640 --> 0:07:36.280 there is the prospect of impeachment. And actually this show, 0:07:36.440 --> 0:07:40.400 the Verdicts podcast, made news and possibly made history this 0:07:40.960 --> 0:07:44.960 past week because the White House had to respond to 0:07:45.000 --> 0:07:48.040 something that you said on this podcast. I think it 0:07:48.160 --> 0:07:50.720 may be the first time the White House has responded 0:07:50.760 --> 0:07:55.160 to a podcast because on our last episode you said 0:07:55.640 --> 0:07:58.240 that if the Republicans retake the houses, it looks like 0:07:58.280 --> 0:08:01.960 they will, they very well might impeach Joe Biden. Does 0:08:01.960 --> 0:08:05.000 the White House have a reaction to Senator Cruz saying 0:08:05.840 --> 0:08:09.360 President Biden may be impeached if the Republicans state got 0:08:09.360 --> 0:08:13.120 the House next year, specifically for the border policies, Well, 0:08:13.520 --> 0:08:15.920 our reaction is maybe Senator Crews can work with us 0:08:15.960 --> 0:08:19.360 on getting something done on comprehensive immigration reform and putting 0:08:19.400 --> 0:08:23.400 in place measures that will help make sure smart security 0:08:23.960 --> 0:08:26.560 is what we see at the border, taking a more 0:08:26.600 --> 0:08:30.800 humane approach to the border instead of name calling, accusation calling, 0:08:30.800 --> 0:08:33.880 and making predictions of the future. Go ahead, Thank you, Jack. 0:08:34.600 --> 0:08:37.199 Not much of an answer if you ask me, Well, 0:08:37.200 --> 0:08:40.040 you know, it's striking on several things. One, you know, 0:08:40.120 --> 0:08:42.360 she accuses us of name calling. At last I check, 0:08:42.440 --> 0:08:44.520 we did engage in any name calling, which just just 0:08:44.600 --> 0:08:48.040 observed the reality that if there's a Republican majority of 0:08:48.080 --> 0:08:51.880 the House, which I think is extremely likely, that there 0:08:51.880 --> 0:08:55.080 will be very significant pressure and a very significant likelihood 0:08:55.760 --> 0:08:58.680 that we will see impeachment proceedings. And you know, it 0:08:58.720 --> 0:09:01.240 was interesting when she talked about out the border, she says, well, 0:09:01.240 --> 0:09:05.160 we need quote smart security and talk about a euphemism. 0:09:05.640 --> 0:09:08.679 You know, we had two million people cross illegally last year. 0:09:08.720 --> 0:09:12.080 We had the highest rate of illegal immigration in sixty 0:09:12.080 --> 0:09:15.079 one year. She says, she wants a more humane policy. 0:09:15.800 --> 0:09:19.760 How about start with not having children physically and sexually 0:09:19.760 --> 0:09:24.200 assaulted by human traffickers. How about start by not having 0:09:24.360 --> 0:09:29.640 women physically and sexually assaulted by human traffickers. How about 0:09:29.720 --> 0:09:33.680 start by not having the highest amount of fentanol and 0:09:33.760 --> 0:09:36.800 illegal drugs trafficked in this country that we've ever seen 0:09:36.840 --> 0:09:39.439 in the history of this country. What they're doing, it 0:09:39.480 --> 0:09:41.880 ain't humane. And you want to work together on this, fine, 0:09:41.960 --> 0:09:44.040 let me give you a place to start. Enforce the 0:09:44.080 --> 0:09:47.000 damn laws. Of course, of course, enforce the laws. They 0:09:47.040 --> 0:09:49.280 have no interest in doing that. This is not just 0:09:49.320 --> 0:09:51.880 some cheap political shot. They have said they have no 0:09:52.000 --> 0:09:54.120 interest in doing that. They've reversed a lot of the 0:09:54.160 --> 0:09:59.120 border security measures. So on this question of impeachment, is 0:09:59.160 --> 0:10:04.280 this just a purely political partisan threat that now whenever 0:10:04.320 --> 0:10:07.400 the other party holds the Congress, they're going to impeach 0:10:07.440 --> 0:10:11.760 the president, or is there some constitutional legal basis for 0:10:11.800 --> 0:10:14.400 impeaching Joe Biden. Oh, look, a little bit of both. 0:10:14.800 --> 0:10:17.520 What we said in the last episode of Verdict is 0:10:18.160 --> 0:10:21.480 that one of the consequences of the Democrats in the 0:10:21.559 --> 0:10:25.800 last Congress so politicizing impeachment, impeaching Donald Trump not once 0:10:25.840 --> 0:10:29.480 but twice because they disagreed with him, because they hated 0:10:29.520 --> 0:10:33.600 his policies and they hated his politics even more. Verdict 0:10:33.760 --> 0:10:36.760 was launched on the first day of the first impeachment trial, 0:10:36.960 --> 0:10:39.640 and you and I said during that first trial over 0:10:39.720 --> 0:10:41.760 and over again when we were down in the basement 0:10:42.080 --> 0:10:45.400 at one in the morning, that if they make this political, 0:10:45.440 --> 0:10:48.760 if they go after Donald Trump because they hate him, 0:10:49.440 --> 0:10:52.760 that the inevitable consequence of what the Democrats are doing 0:10:52.800 --> 0:10:57.280 abusing the constitutional process of impeachment is the next time 0:10:57.320 --> 0:10:59.360 you get a Democratic president, the next time you get 0:10:59.400 --> 0:11:03.040 a Republican House, it's going to be almost inevitable that 0:11:03.080 --> 0:11:05.560 they're they're going to be forced to impeach him as well. 0:11:05.600 --> 0:11:09.520 That's not how the Constitution was meant to work. But 0:11:10.200 --> 0:11:13.400 the Democrats made the decision. Damn the torpedoes. They didn't 0:11:13.400 --> 0:11:18.280 care about the consequences. And you and I said at 0:11:18.320 --> 0:11:20.400 the time, this is a dangerous road to go down. 0:11:20.480 --> 0:11:24.840 You shouldn't use impeachment to express political disagreements, but the 0:11:24.920 --> 0:11:30.880 Democrats did so twice in a partisan charade. We get 0:11:30.920 --> 0:11:34.480 to January twenty three with a Republican House. I think 0:11:34.520 --> 0:11:37.200 the political pressure to do the same thing, just apply 0:11:37.320 --> 0:11:40.720 the same standard to Joe Biden that the Democrats applied 0:11:40.720 --> 0:11:43.560 to Donald Trump will be enormous. Now, it's interesting, Michael. 0:11:44.720 --> 0:11:50.199 After the podcast came out last week, the Twitter verse 0:11:50.280 --> 0:11:56.360 went nuts, MSNBC went nuts. Left wing journalists went nuts. 0:11:56.360 --> 0:11:58.480 They said, oh my gosh, this is terrible. This is terrible. 0:11:58.480 --> 0:12:00.920 And what you and I said when we talked about 0:12:00.960 --> 0:12:05.080 this last week is I said, they're multiple grounds on 0:12:05.120 --> 0:12:09.360 which the House could impeach Joe Biden. And it was funny. 0:12:09.400 --> 0:12:12.360 One of the MSNBC host came back and said, there 0:12:12.400 --> 0:12:15.559 are not multiple grounds. I thought it was amusing that 0:12:16.120 --> 0:12:19.360 apparently it wasn't disputing there were grounds, just not multiple grounds, 0:12:19.360 --> 0:12:24.400 and since none of these people actually do reporting or journalism, 0:12:24.440 --> 0:12:26.640 we can walk through a few of them and actually 0:12:26.640 --> 0:12:28.880 discuss them. The one I mentioned in the last podcast, 0:12:28.920 --> 0:12:34.679 the strongest ground is immigration is the president's utter failure 0:12:34.760 --> 0:12:40.160 and refusal to enforce the immigration laws and to create 0:12:40.280 --> 0:12:45.440 absolute chaos. And it's not just it's not just doing 0:12:45.480 --> 0:12:49.839 a bad job, it's utterly defying the law. And Article 0:12:49.880 --> 0:12:54.440 two of the Constitution gives the president a responsibility to 0:12:54.520 --> 0:12:57.800 quote take care that the laws are faithfully executed, and 0:12:58.120 --> 0:13:00.800 Joe Biden has decided he's not going to do that. 0:13:00.880 --> 0:13:05.040 Because during the first impeachment trial, when we launched Verdict, 0:13:05.679 --> 0:13:08.600 one of the arguments that the Trump team was making 0:13:09.000 --> 0:13:12.719 was that maladministration is not a grounds for impeachment. As 0:13:12.720 --> 0:13:15.080 you say, just doing a bad job is not grounds 0:13:15.080 --> 0:13:17.439 for impeachment. But you're saying there's a difference here between 0:13:17.720 --> 0:13:21.200 doing a bad job at enforcing the laws and flagrantly, 0:13:21.360 --> 0:13:25.720 intentionally consistently refusing to enforce the law. Well, that's right, 0:13:25.800 --> 0:13:27.840 and this touches on debates if you go back to 0:13:27.920 --> 0:13:30.600 early episodes of Verdict, we got into in great detail, 0:13:30.640 --> 0:13:33.920 which is what does high crimes or misdemeanors. Mean the 0:13:33.960 --> 0:13:37.920 constitutional standard for impeachment, impeaching the president is that he 0:13:37.920 --> 0:13:40.080 has to be guilty of high crimes or misdemeanors. And 0:13:40.120 --> 0:13:43.640 there was a robust debate about whether high crimes or 0:13:43.679 --> 0:13:47.800 misdemeanors constitute federal crimes, crimes that are on the books. 0:13:48.280 --> 0:13:51.520 And one of the ironies is that all the positions 0:13:51.520 --> 0:13:54.360 are switched. So when it was Donald Trump, all the 0:13:54.400 --> 0:13:56.079 Democrats says, no, no no, no, doesn't need to be a 0:13:56.080 --> 0:13:58.640 criminal defense doesn't need be a crime at all. Ukraine 0:13:58.679 --> 0:14:01.400 just just because we don't like what in Ukraine. Ukraine bad, 0:14:01.480 --> 0:14:05.320 so so impeach the guy. And we pointed out I 0:14:05.360 --> 0:14:08.600 think the better argument is that it should be a 0:14:08.640 --> 0:14:12.000 criminal offense. There's a dispute, and I would note, you 0:14:12.040 --> 0:14:15.560 know Justice Joseph's Story, who is one of the great 0:14:15.679 --> 0:14:19.640 early Supreme Court justices. He talked about this and Justice 0:14:19.680 --> 0:14:25.480 Story said, quote, our fathers adopted a constitution under which 0:14:25.640 --> 0:14:32.640 official mouthfeasance and nonfeasance, and in some cases cases misfeasance 0:14:33.760 --> 0:14:37.520 may be the subject of impeachment. That's an argument. It's 0:14:37.560 --> 0:14:39.800 an argument that the Democrats and they're going after Trump, 0:14:39.840 --> 0:14:45.400 could rely on. In the case of the border, it's nonfeasance. 0:14:45.480 --> 0:14:48.480 It's utterly refusing to follow the law. So that's one ground, 0:14:48.960 --> 0:14:50.760 but there are at least two other grounds, and they're 0:14:50.800 --> 0:14:55.200 probably more. The two other grounds on which a Republican 0:14:55.200 --> 0:14:59.920 House could consider impeachment are the utter and colossal disaster 0:15:00.160 --> 0:15:06.560 of the Afghanistan withdraw the president abandoning Americans behind enemy lines, 0:15:06.600 --> 0:15:12.720 the president sharing intelligence with the Taliban, the president abandoning 0:15:12.800 --> 0:15:17.840 Bogram releasing including as a result of Biden's abandoning Bogram 0:15:17.960 --> 0:15:22.240 releasing the terrorist who became a suicide bomber murdering thirteen 0:15:22.280 --> 0:15:27.360 American servicemen and women. That could easily be considered mouthfeasance 0:15:27.960 --> 0:15:31.880 and a ground of impeachment. And a third potential ground 0:15:31.920 --> 0:15:38.120 of impeachment is the president's lawless vaccine mandates. And what 0:15:38.280 --> 0:15:40.280 this would turn on it look, it's one thing to 0:15:40.680 --> 0:15:42.920 adopt a strained interpretation of the law, but what this 0:15:42.960 --> 0:15:46.200 would turn on is the extent to which the president's 0:15:46.280 --> 0:15:50.520 lawyers advised him this is contrary to law. And we've 0:15:50.520 --> 0:15:53.280 talked about on this podcast. I believe the Department of 0:15:53.360 --> 0:15:56.880 Justice and or the White House lawyers told the President 0:15:56.920 --> 0:16:00.000 and told his senior advisors. You don't have the authority 0:16:00.120 --> 0:16:02.000 to do this under OSIA. You don't have the authority 0:16:02.040 --> 0:16:04.160 to do this. You're going to be challenged and it 0:16:04.200 --> 0:16:06.440 will very likely lose in court. And I think he 0:16:06.520 --> 0:16:10.000 made the decision essentially, I don't care. I'm going to 0:16:10.080 --> 0:16:12.360 abuse my power and do it anyway because a bunch 0:16:12.360 --> 0:16:15.600 of people are going to comply. And you could make 0:16:15.600 --> 0:16:19.000 an argument that that to the extent, and that the 0:16:19.080 --> 0:16:21.840 full factual predicate hasn't been developed. You'd have to lay 0:16:21.880 --> 0:16:26.120 out that he was acting in open defiance of the law. 0:16:26.160 --> 0:16:28.840 But if you if you made out that predicate, that 0:16:28.880 --> 0:16:33.280 would be a third potential ground for impeachment. None of 0:16:33.320 --> 0:16:36.960 those at the end of the day, maybe a slam dunk. 0:16:37.000 --> 0:16:39.320 And if the Democrats had not gone down the road 0:16:39.360 --> 0:16:44.840 of impeaching Trump twice for political and policy disagreements, then 0:16:44.880 --> 0:16:49.240 you probably wouldn't see a Republican House respond using the 0:16:49.280 --> 0:16:53.160 same means. But once they started this process, we predicted 0:16:53.200 --> 0:16:54.800 at the outset that this was going to be a 0:16:54.840 --> 0:17:01.120 slippery slope, and unfortunately, I think that's that is where 0:17:01.160 --> 0:17:02.880 we are today. And what's good for the goose is 0:17:02.920 --> 0:17:07.080 good for the gander. And on this point of protections 0:17:07.160 --> 0:17:11.879 against pure mob rule, which the other political party seems 0:17:11.880 --> 0:17:14.720 to have been a little reckless about, you are now 0:17:14.800 --> 0:17:19.399 seeing that with the filibuster, So the filibuster a protection 0:17:19.480 --> 0:17:24.560 against majoritarianism is really seems to be at the heart 0:17:24.600 --> 0:17:27.400 of a lot of the debates going on at the Capitol. 0:17:28.359 --> 0:17:30.840 Build back better, build back broke, if you want to 0:17:30.880 --> 0:17:34.280 call it. That. The Biden budget seems dead on arrival 0:17:34.520 --> 0:17:37.120 as long as Joe Manchin holds firm, which he's doing 0:17:37.240 --> 0:17:41.280 right now. So many of the Democrat priorities have flopped. 0:17:41.640 --> 0:17:44.399 And yet it seems that right now Chuck Schumer and 0:17:44.520 --> 0:17:47.960 Senate Democrats are really really pushing to get rid of 0:17:47.960 --> 0:17:50.320 the filibuster. One do you think it's going to happen 0:17:50.400 --> 0:17:52.720 to What would it mean for the Senate and for 0:17:52.760 --> 0:17:55.320 the country if it does so? I hope that it doesn't. 0:17:55.440 --> 0:18:00.480 I don't know. The Democrats are under enormous political pressure 0:18:00.560 --> 0:18:06.199 because build back Broke failed. They're putting massive political pressure 0:18:06.240 --> 0:18:09.960 on Joe Mansion, Democrat from West Virginia, Kirsten Cinema Democrat 0:18:10.000 --> 0:18:12.560 from Arizona. Who are the two people that at least 0:18:12.640 --> 0:18:17.880 so far have taken down build back broke, and they 0:18:17.920 --> 0:18:20.879 want to end the filibuster. Now, now what is the filibuster? 0:18:20.960 --> 0:18:26.000 So there are a couple of different kinds of filibusters. One, 0:18:26.600 --> 0:18:29.040 it used to be the case that it required sixty 0:18:29.119 --> 0:18:32.040 votes to proceed to a nomination, to proceed to a 0:18:32.119 --> 0:18:36.840 judicial nomination, to proceed to an executive nomination. The Democrats 0:18:37.119 --> 0:18:39.879 ended that filibuster when Harry Reid was Majority leader. I 0:18:39.880 --> 0:18:41.440 was in the Senate at the time, and he did 0:18:41.440 --> 0:18:45.720 what's called the nuclear option, which is he broke the 0:18:45.800 --> 0:18:48.720 rules of the Senate in order to change the rules 0:18:48.720 --> 0:18:53.720 of the Senate. He eliminated the filibuster for executive nominations 0:18:53.760 --> 0:18:58.000 and for judicial nominations. Although he carved out judicial nominations 0:18:58.080 --> 0:19:00.200 except for the Supreme Court. Why did he do that 0:19:00.200 --> 0:19:02.359 because there wasn't a Supreme Court vacancy. Everyone knew if 0:19:02.400 --> 0:19:05.040 there was a Supreme Court vacancy, they'd immediately knuke it 0:19:05.080 --> 0:19:07.160 for the Supreme Court. But since there wasn't a vacancy, 0:19:07.600 --> 0:19:10.240 they only knuked it for judges short of the Supreme 0:19:10.240 --> 0:19:14.720 Court and executive vacancies. Fast forward to the Trump presidency, 0:19:15.760 --> 0:19:18.840 Republicans ended it for the Supreme Court as well. Applied 0:19:18.880 --> 0:19:24.600 the same standards to all nominations. The history actually of 0:19:25.080 --> 0:19:29.639 requiring sixty votes for nominations was relatively short. Most of 0:19:29.680 --> 0:19:34.439 the history of the Senate nominations proceeded only requiring fifty votes. 0:19:34.840 --> 0:19:37.399 So it was actually the reason why you had a 0:19:37.440 --> 0:19:40.520 filibuster for judicial nominations. You know who invented the filibuster 0:19:40.560 --> 0:19:46.600 for judges, Chuck Schumer. So when George W. Bush got elected, 0:19:47.920 --> 0:19:53.160 Chuck Schumer was a rising ambitious Democrat and he hatched 0:19:53.160 --> 0:19:55.359 this plan. He did it actually with Larry Tribe, the 0:19:55.359 --> 0:19:59.800 Harvard law professor. He said, let's start filibustering judges. Prior 0:19:59.840 --> 0:20:03.879 to that, it had never been done. You didn't filibuster judges. 0:20:03.960 --> 0:20:08.600 That was not There had never been a partisan filibuster 0:20:09.520 --> 0:20:11.920 of a Supreme Court justice that. The only one who 0:20:11.920 --> 0:20:15.000 had ever been filibusters would eight was Abe Fortis, and 0:20:15.080 --> 0:20:18.000 Abe Fortis was not a partisan filibuster. Both Republicans and 0:20:18.040 --> 0:20:21.320 Democrats participated because it was corruption that was the basis 0:20:21.359 --> 0:20:23.720 of it. So the Senate from both sides of the 0:20:23.760 --> 0:20:26.280 aisle agreed, no, we're not going down this road. But 0:20:26.440 --> 0:20:30.640 Schumer concocted the plan, let's start filibustering judges. And if 0:20:30.640 --> 0:20:32.960 you remember, Bush had a slate of initial judges and 0:20:33.040 --> 0:20:38.320 Schumer and the Democrats filibuster them. But think back for 0:20:38.359 --> 0:20:42.720 a second. Clarence Thomas one of the most contentious Supreme 0:20:42.760 --> 0:20:46.520 Court nominations of our lifetimes. Justice Thomas, I think is 0:20:46.560 --> 0:20:50.880 in a great and extraordinary justice. The Democrats were massively 0:20:50.920 --> 0:20:53.919 opposed to him. Not a single Democrat filibuster Clarence Thomas. 0:20:54.480 --> 0:20:58.520 Clarence Thomas was confirmed fifty two forty eight. I believe 0:20:59.320 --> 0:21:02.879 he didn't have six votes. A single Democrat could have 0:21:03.480 --> 0:21:07.960 bustered Clarence Thomas. Ted Kennedy did not filibuster Clarence Thomas. 0:21:08.119 --> 0:21:11.160 Joe Biden did not filibuster Clarence Thomas. Because you didn't 0:21:11.160 --> 0:21:14.040 filibuster judges. Schumer came up with the plan to do 0:21:14.119 --> 0:21:18.760 it that got ended. Contrast that with the legislative filibuster. 0:21:19.440 --> 0:21:23.719 The legislative filibuster for most of the history of the Senate, 0:21:24.520 --> 0:21:30.680 it has required sixty votes to proceed to legislation. Inevitably, 0:21:31.280 --> 0:21:34.879 that frustrates the majority. Whoever's in the majority. If they 0:21:34.920 --> 0:21:38.080 don't have a sixty vote supermajority, they're unhappy that they 0:21:38.080 --> 0:21:41.080 need to get sixty votes. What it does is it 0:21:41.119 --> 0:21:45.320 forces compromise. It slows down the legislative process, It forces 0:21:45.440 --> 0:21:50.200 some modicum of bipartisanship. It doesn't let a narrow majority in. 0:21:50.280 --> 0:21:53.640 Right now, the Democrats have the narrowest possible majority just 0:21:53.880 --> 0:21:58.320 ram through a partisan agenda. Schumer wants to nuke the filibuster, 0:21:58.440 --> 0:22:01.800 break the rules, and with a fifty fifty Senate with 0:22:01.880 --> 0:22:07.200 the narrowest possible majority, rammed through a partisan agenda, if 0:22:07.240 --> 0:22:09.239 he gets mansion and sent him to give in to it, 0:22:09.359 --> 0:22:13.520 he'll succeed. So this would be beyond the debates over 0:22:13.560 --> 0:22:17.000 the budget or the various proposals that have flopped. For 0:22:17.080 --> 0:22:19.800 the Democrats, this would be a big move for them, 0:22:19.800 --> 0:22:21.680 But it seems to me it's not the biggest news 0:22:22.000 --> 0:22:23.960 in DC this week, and it's not the biggest move 0:22:23.960 --> 0:22:27.040 coming out of the Democrats or the liberal establishment. That 0:22:27.080 --> 0:22:31.280 would be something that's totally outside of the lawmaking process. Frankly, 0:22:31.280 --> 0:22:33.560 it's even sort of beyond the White House. That would 0:22:33.560 --> 0:22:37.719 be the flip flop on coronavirus. Maybe it's just me, 0:22:38.040 --> 0:22:41.159 call me crazy, but I did happen to just recover 0:22:41.240 --> 0:22:44.480 from the coronavirus, so I'm clear. Now, I'm good, I've 0:22:44.520 --> 0:22:47.000 made it. Thank you all for your well wishes. Wonderful 0:22:47.040 --> 0:22:49.920 way to spend Christmas. It would seem that during this 0:22:49.960 --> 0:22:53.720 period the White House and the Democrats have done a 0:22:53.760 --> 0:22:56.480 complete one eighty on the virus, on the vaccines, on 0:22:56.520 --> 0:23:01.040 the lockdowns, on the isolation. What happened. It really is stunning. 0:23:01.119 --> 0:23:05.560 You've seen the CDC shortened the quarantine period. We've seen 0:23:05.760 --> 0:23:09.439 doctor Fauci suddenly discover some reasonableness, you know. You know, 0:23:09.440 --> 0:23:11.240 one of the things that was most striking. Fauci went 0:23:11.720 --> 0:23:14.480 on TV and he said, well, you know, there are 0:23:14.560 --> 0:23:18.320 children in the hospital with COVID, but many of them 0:23:18.320 --> 0:23:23.240 are not in the hospital because of COVID. And I 0:23:23.240 --> 0:23:26.000 couldn't help I literally laughed out loud because there's some 0:23:26.080 --> 0:23:27.800 of us. You and I have been saying that for 0:23:27.880 --> 0:23:32.520 a year, and when we said that, we were characterized 0:23:32.560 --> 0:23:36.600