Latest / The Ben Ferguson Podcast / Will Schumer REFUSE to Try Mayorkas, plus the Media Turns on Biden
Transcript
- 0:01Speaker 1: Welcome.
- 0:01Speaker 2: It is his verdict with Senator Ted Cruz Ben Ferguson
- 0:04Speaker 2: with you and Senator we have got a lot to
- 0:06Speaker 2: talk about it, especially with the border. As you're hearing
- 0:09Speaker 2: from many Texans that are frustrated with what's going on.
- 0:12Speaker 3: Well, that's exactly right. I'm in South Texas right now.
- 0:15Speaker 3: Next week, the Senate will receive articles of impeachment for
- 0:19Speaker 3: Alejandro Majorcas and the Senate will have to act on it.
- 0:22Speaker 3: We're going to do a deep dive tonight on what
- 0:24Speaker 3: to expect in the impeachment trial of Alejandro Mayorcis, how
- 0:27Speaker 3: the Democrats are going to try to avoid this, cover
- 0:30Speaker 3: it up, hide it, how Chuck Schumer plans to ignore
- 0:35Speaker 3: the constitutional responsibility of the Senate, and everything to know
- 0:39Speaker 3: about what to expect next week. We're also going to
- 0:43Speaker 3: examine how the media is turning on Joe Biden. It's
- 0:46Speaker 3: truly quite remarkable. The New York Times, the Washington Post,
- 0:49Speaker 3: they've all suddenly discovered the guys old. Apparently he wasn't
- 0:52Speaker 3: old a few weeks ago, but it just struck him
- 0:56Speaker 3: out of nowhere. And it sure seems like rats are
- 1:00Speaker 3: are fleeing a sinking ship in a way that makes
- 1:04Speaker 3: you wonder what's next.
- 1:05Speaker 2: Yeah, wait till you hear these headlines that they're actually printing.
- 1:08Speaker 2: They've never done this before. The bidens. Before we get
- 1:10Speaker 2: into the border issue in my orchis, let me tell
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- 2:42Speaker 2: You and several other senators signed a letter asking for
- 2:48Speaker 2: the Senate Minority Leader Mitch McConnell to move forward quickly
- 2:53Speaker 2: with impeachment hearings for majorcis and there are a lot
- 2:57Speaker 2: of Republican establishment people that don't want this to move
- 3:00Speaker 2: forward to a trial. Explain why this letter was so
- 3:03Speaker 2: important and not a lot of Republicans sign this letter.
- 3:07Speaker 1: You guys are truly leading the way on this.
- 3:09Speaker 3: Well. Next week the Senate will receive the articles of
- 3:15Speaker 3: impeachment and the Senate will return from recess on February
- 3:21Speaker 3: twenty sixth, and under the Senate rules, when the Senate
- 3:25Speaker 3: receives articles of impeachment. The next thing that happens is
- 3:28Speaker 3: that senators are sworn in as jurors the next day,
- 3:33Speaker 3: and a trial is supposed to proceed. However, Chuck Schumer
- 3:37Speaker 3: has made clear he doesn't want to have a trial.
- 3:40Speaker 3: He doesn't want anyone in America to know about the
- 3:43Speaker 3: absolute disaster that is unfolding on our southern border. And
- 3:46Speaker 3: so what Schumer is indicated he intends to do is
- 3:50Speaker 3: use a procedural mechanism called tabling the articles of impeachment.
- 3:55Speaker 3: What does it mean to table the articles of impeachment?
- 3:57Speaker 3: It means he wants the Senate to vote no, we're
- 4:00Speaker 3: not going to take these up. In other words, he
- 4:02Speaker 3: wants the Senate not to adjudicate the articles of impeachment
- 4:06Speaker 3: at all, not to conclude guilty or not guilty, simply
- 4:10Speaker 3: to table it on a party line vote and move on.
- 4:13Speaker 3: And the purpose of this, look, we've talked a lot
- 4:16Speaker 3: on this podcast about how the disaster on the southern border.
- 4:20Speaker 3: You cannot defend it on the merits, you cannot defend
- 4:23Speaker 3: it on the substance. The Democrats have one strategy, and
- 4:26Speaker 3: one strategy only, and that is hide it from the
- 4:28Speaker 3: American people. In order to hide it from the American people.
- 4:32Speaker 3: They need to make sure that the average person doesn't
- 4:35Speaker 3: know the human suffering that the Democrats open borders are causing.
- 4:41Speaker 3: That's why Schumer wants to table the articles of impeachment
- 4:45Speaker 3: at the outset, never have a trial, never hear the evidence,
- 4:48Speaker 3: never consider anything, and never put any Senator on record
- 4:52Speaker 3: adjudicating the claims. And so, in response to that, Mike
- 4:57Speaker 3: Lee and I together led a letter to Mitch McConnell,
- 5:01Speaker 3: and it's a letter that was signed by thirteen senators
- 5:04Speaker 3: and it calls on Mitch McConnell to stand up and
- 5:08Speaker 3: fight for the Senate to fulfill our constitutional obligation under
- 5:14Speaker 3: the terms of the Constitution, when the House impeaches, we
- 5:17Speaker 3: have an obligation to conduct a trial and to adjudicate
- 5:22Speaker 3: the guilt or innocence of the individual who's impeached. And
- 5:26Speaker 3: Chuck Schumer is trying to, for the first time in
- 5:29Speaker 3: our country's history in over two hundred years, refuse to
- 5:33Speaker 3: adjudicate an article of impeachment. Simply table it, make it
- 5:36Speaker 3: go away, say never mind, nothing to see here, and
- 5:40Speaker 3: give every Democrat senator a get out of jail free
- 5:43Speaker 3: pass by avoiding the need for them to give an
- 5:46Speaker 3: answer on guilt or innocence.
- 5:48Speaker 2: Let's talk about what this try would look like and explain,
- 5:51Speaker 2: because this is not saying it's happened in my lifetime.
- 5:55Speaker 2: It's something it's very rare when it's a cabinet member
- 5:58Speaker 2: obviously throughout history. But let's talk about what a trial
- 6:02Speaker 2: would actually look like. Does it look very much like
- 6:04Speaker 2: what we've seen before when it comes to an impeachment
- 6:07Speaker 2: trial for a president.
- 6:09Speaker 3: Well, it potentially does, but there are differences. So, for example,
- 6:12Speaker 3: the Constitution specifies that when the president of the United
- 6:16Speaker 3: States is impeached, the Chief Justice of the United States
- 6:20Speaker 3: will preside. By the way, interesting trivia, do you know
- 6:23Speaker 3: what the title of John Roberts is?
- 6:26Speaker 1: What is it?
- 6:27Speaker 3: John Roberts is the Chief Justice of the United States.
- 6:30Speaker 3: He is not the Chief Justice of the United States
- 6:33Speaker 3: Supreme Court. Just like Joe Biden is the President of
- 6:37Speaker 3: the United States, John Roberts is the Chief Justice of
- 6:39Speaker 3: the United States. That that is the formal and technical title.
- 6:44Speaker 3: The Constitution provides the Chief Justice will preside over the
- 6:49Speaker 3: impeachment trial of a president. Because obviously may orcus is
- 6:52Speaker 3: not a president. The Chief Justice will not preside. Instead,
- 6:57Speaker 3: the trial is typically presided over over by the President
- 7:01Speaker 3: pro tem, which right now is Patty Murray, Democrat, senator
- 7:05Speaker 3: from Washington State. Now, when it comes to cabinet members,
- 7:09Speaker 3: impeaching cabinet members is exceptionally rare. In fact, this is
- 7:15Speaker 3: only the second time in history the House is impeached
- 7:18Speaker 3: a cabinet member, and even that is overstating it because
- 7:24Speaker 3: the last Cabinet secretary to be impeached was Secretary of
- 7:28Speaker 3: War William Belknap, and that was in eighteen seventy six.
- 7:33Speaker 3: Now what's interesting about Belknap is right before the House
- 7:37Speaker 3: voted to impeach him, Belknap resigned. So may Orcas is
- 7:41Speaker 3: actually the first sitting cabinet member ever to be impeached.
- 7:47Speaker 3: And in terms of how the trial will proceed, the
- 7:52Speaker 3: Senate is not obligated to hold a full trial on
- 7:56Speaker 3: the floor of the Senate, as the Senate does for
- 7:59Speaker 3: them each man of a president. And so, for example,
- 8:02Speaker 3: in past impeachments, a number of judges have impeached, and
- 8:06Speaker 3: what the Senate has done in the past is appointed
- 8:11Speaker 3: an impeachment committee to conduct the trial, and typically that
- 8:15Speaker 3: committee consists of an equal number of Republicans and Democrats,
- 8:19Speaker 3: members of both parties, and so it can be a
- 8:22Speaker 3: smaller group of the Senate that conducts the trial. But
- 8:26Speaker 3: what has always happened is that the House managers get
- 8:29Speaker 3: to present their evidence, they get to prosecute the case,
- 8:32Speaker 3: they get to put on the trial.
- 8:34Speaker 1: And what has.
- 8:35Speaker 3: Also always happened is the Senators adjudicate. All one hundred
- 8:40Speaker 3: senators ultimately adjudicate guilt or innocence. So if the Senate
- 8:45Speaker 3: appoints an impeachment committee, that committee makes a recommendation to
- 8:50Speaker 3: the Senate, but then every Senator goes on record voting.
- 8:52Speaker 3: What Schumer is trying to do. He knows that if
- 8:55Speaker 3: there's a trial, even of a smaller committee than the
- 8:58Speaker 3: full Senate, that that will force press coverage of the
- 9:04Speaker 3: absolute disaster Mayorcus has been, the disaster Biden has been,
- 9:09Speaker 3: the open border chaos they have produced. And Schumer doesn't
- 9:12Speaker 3: want anyone to know that. And so, as I said,
- 9:15Speaker 3: what he wants to do is instead just right at
- 9:18Speaker 3: the outset before anything starts, say we're not going to
- 9:21Speaker 3: hear any evidence, We're not going to have a trial.
- 9:24Speaker 3: The House managers are not going to present the evidence
- 9:26Speaker 3: they don't get to prosecute the case. No senator is
- 9:29Speaker 3: going to vote guilty or not guilty. We're simply going
- 9:31Speaker 3: to vote to table and make it go away.
- 9:33Speaker 2: Now, there's been a lot of media Republican establishment rhinotypes
- 9:38Speaker 2: had been out there saying this is a terrible decision
- 9:41Speaker 2: by conservatives to do this, that this is we already
- 9:44Speaker 2: know what the outcome of the vote's gonna be. This
- 9:47Speaker 2: is going to be an embarrassing moment slash failure, and
- 9:52Speaker 2: so why the hell are they doing this. If that
- 9:54Speaker 2: was the case, then Democrats wouldn't be fighting this. I
- 9:57Speaker 2: don't think this is a mistake, do you all? I mean,
- 10:00Speaker 2: this is about national security as well, and that's something
- 10:04Speaker 2: that the media and these Republican talking heads I think
- 10:08Speaker 2: they're forgetting that. This is about someone that is not
- 10:12Speaker 2: enforcing the laws of land, not protecting a country, having
- 10:16Speaker 2: an open border policy, deliberately not getting rid of people
- 10:20Speaker 2: that come in this country and break our.
- 10:22Speaker 1: Laws who are here illegally.
- 10:24Speaker 2: And on top of all that, it's a national security
- 10:26Speaker 2: issue from the domestic from the terrorists on the terrorists
- 10:29Speaker 2: watch lists that are coming across the border at staggering numbers.
- 10:33Speaker 3: Yeah, So I don't know who's been going on TV
- 10:35Speaker 3: saying that. So I can say this with complete free
- 10:39Speaker 3: conscience because I don't know who I'm talking about. But
- 10:42Speaker 3: anyone who says that is a blithering idiot with an
- 10:45Speaker 3: IQ below room temperature. To say it is a mistake
- 10:51Speaker 3: to impeach Alejandro Majorcas for aiding and embedding a criminal
- 10:54Speaker 3: invasion of the United States of America by global cartels
- 10:59Speaker 3: that have sent ten million people illegally into this country,
- 11:02Speaker 3: that are bringing murderers and rapists and gang members into
- 11:05Speaker 3: this country, that are abusing children, that are raping women,
- 11:09Speaker 3: that are potentially smuggling in Hamas and hezbel a terrorist.
- 11:13Speaker 3: To say that it is a mistake for Republicans to
- 11:16Speaker 3: fight for the House to impeach may orchis They should
- 11:18Speaker 3: have done this two years ago. You and I have
- 11:21Speaker 3: both been calling for this for two years. And in
- 11:23Speaker 3: the Senate, look is the Chuck Schumer Democrat Senate going
- 11:28Speaker 3: to vote to convict No, obviously not why Because the
- 11:31Speaker 3: Democrats are partisan hacks. They don't care about the facts,
- 11:34Speaker 3: they don't care about the truth. They are going to
- 11:36Speaker 3: vote with the Democrats because that's what Democrats do. When
- 11:39Speaker 3: Schumer cracks the whip, every Democrat obeys that's what's going
- 11:43Speaker 3: to happen. But why is it that Biden has been
- 11:48Speaker 3: able to get away with this? So the biggest reason
- 11:50Speaker 3: is the media is utterly corrupt and they don't cover this.
- 11:53Speaker 3: If you watch Fox News, if you watch News Max
- 11:56Speaker 3: roy In, if you listen to Verdict, you know about
- 11:59Speaker 3: what's happen at the border. But if you watch CNN
- 12:03Speaker 3: or MSNBC or ABCNBCCBS, if you read the Washington Post
- 12:07Speaker 3: or the New York Times, there is no border crisis.
- 12:10Speaker 3: Nothing is happening. The corrupt corporate media covers it up.
- 12:13Speaker 3: The reason this impeachment is important is to put the
- 12:17Speaker 3: evidence before the American people. And I got to say,
- 12:20Speaker 3: and it's why. You know, the amazing thing is the
- 12:24Speaker 3: Democrats get this. Why do you think Schumer wants to
- 12:27Speaker 3: table this at the outset because he knows a trial
- 12:29Speaker 3: would be terrible? Why because the facts are terrible. What
- 12:35Speaker 3: they are doing, the Democrats are doing is grossly inhumane.
- 12:39Speaker 3: It is cruel, It is evil. Schumer and Biden do
- 12:43Speaker 3: not want the American people to know that, so they
- 12:46Speaker 3: want the issue to go away. But I got to say,
- 12:48Speaker 3: any Republican that, like a docile little sheep, rolls over
- 12:53Speaker 3: and starts buying the hell is wrong with them. And
- 12:56Speaker 3: there's a reason thirteen of us wrote a letter to
- 12:59Speaker 3: our hip, because Republican leadership, when they see a fight,
- 13:04Speaker 3: typically turn around and charge the opposite direction. And so
- 13:08Speaker 3: we ought to stand united and say, listen, we have
- 13:12Speaker 3: a constitutional obligation. Listen, I'm going to read you the
- 13:16Speaker 3: letter we sent, because it's not a long letter. Dear
- 13:18Speaker 3: Leader McConnell. Our Republican colleagues in the House have recently
- 13:21Speaker 3: passed two articles of impeachment against Department of Homeland Security
- 13:25Speaker 3: Secretary Alejandro Majorcas for willful and systemic refusal to comply
- 13:30Speaker 3: with the law, as well as the breach of public trust.
- 13:34Speaker 3: These articles will soon be transmitted to the Senate. It
- 13:37Speaker 3: is imperative that the Senate Republican Conference prepared to fully
- 13:41Speaker 3: engage our constitutional duty and hold a trial. According to
- 13:47Speaker 3: multiple briefings by your staff, Majority Leader Schumer and Senate
- 13:51Speaker 3: Democrats intend to dispose with the articles of impeachment simply
- 13:54Speaker 3: by tabling both individually. This is an action rarely contemplated
- 14:00Speaker 3: it and never taken by the US Senate in the
- 14:03Speaker 3: history of our republic. It remains to be seen if
- 14:06Speaker 3: the Senate rules will even allow us to brush aside
- 14:09Speaker 3: our duty in this manner. But one thing is sure.
- 14:12Speaker 3: If a similar strategy was contemplated by Senate Republicans when
- 14:17Speaker 3: we were in the majority with a Republican occupying the
- 14:20Speaker 3: White House, the opposition would be fierce and the volume
- 14:24Speaker 3: from Democrats would be deafening. We call on you to
- 14:29Speaker 3: join us in our efforts to jettison this approach by
- 14:31Speaker 3: Democrats to shirk their constitutional duty, ensure that the Senate
- 14:37Speaker 3: conducts a proper trial, and that every Senator, Republican and Democrat,
- 14:41Speaker 3: adjudicates this matter. When the Senate returns and Mike Lee
- 14:45Speaker 3: and I let it signed by a total of thirteen Senators.
- 14:49Speaker 2: I want to ask you about strategy here of laying
- 14:51Speaker 2: this out to the American people, because that's going to
- 14:54Speaker 2: be obviously something we got to get right at the
- 14:56Speaker 2: very beginning. As you know, Republicans sometime are accused of
- 15:00Speaker 2: screwing up the basics. So I want to get your
- 15:03Speaker 2: perspective on what the strategies to be laying the south
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- 17:01Speaker 2: the threat from MAJORCIS and not doing his job, which
- 17:04Speaker 2: is what this is basically about. How do the Republicans
- 17:07Speaker 2: do this the right way? Do you break it up into, Hey,
- 17:12Speaker 2: the fetanyl coming across the southern border because it's open
- 17:15Speaker 2: is the number one killer of people under the age
- 17:17Speaker 2: of forty nine, And you go through that. Do you
- 17:19Speaker 2: then go through the sex trafficking and the human smuggling.
- 17:22Speaker 2: Do you then go to the domestic the terrorists on
- 17:26Speaker 2: the terrorists watch list? Do you then go to the
- 17:28Speaker 2: financial aspects? I mean, is that how we need to
- 17:31Speaker 2: break this down to the American people understand just how
- 17:33Speaker 2: catastrophic this is.
- 17:35Speaker 3: Well, listen, what you say makes a lot of sense.
- 17:37Speaker 3: And what you're doing there is telling a story. And
- 17:39Speaker 3: I will say that's one thing Republicans are typically horrible
- 17:42Speaker 3: at doing, is telling a story. And that's what we
- 17:45Speaker 3: desperately need to do. At the end of the day,
- 17:48Speaker 3: the choice of how to present the evidence is not
- 17:51Speaker 3: going to be one for the Senate to make. The
- 17:53Speaker 3: way an impeachment trial works, the House managers or the prosecutors,
- 17:57Speaker 3: so they will present their case and will be ultimately
- 18:01Speaker 3: the managers selected by the Speaker of the House, who
- 18:04Speaker 3: will present the evidence and lay it out, and they
- 18:07Speaker 3: could very well follow the pattern you laid out. It
- 18:10Speaker 3: should be a systematic presentation of the evidence. I think
- 18:13Speaker 3: it should focus on the harms. It should focus on
- 18:16Speaker 3: who has heard. It should focus on the dead bodies,
- 18:18Speaker 3: the biden body bags that have piled up, one after
- 18:21Speaker 3: the other after the other. It should focus on the
- 18:23Speaker 3: children who've been physically and sexually abused over and over
- 18:28Speaker 3: and over again. It should focus on the women who've
- 18:30Speaker 3: been violently raped. It should focus on the disease that
- 18:34Speaker 3: has come in over an open border. It should focus
- 18:36Speaker 3: on the more than one hundred thousand drug overdoses last year,
- 18:41Speaker 3: the highest and recorded history, seventy percent of which came
- 18:44Speaker 3: from Chinese fentanyl coming across our southern border. It should
- 18:47Speaker 3: focus on the terror threat hamas Hezbela, the open borders
- 18:52Speaker 3: we have, and the exposure we have to a major
- 18:55Speaker 3: terrorist attack higher, I believe right now than any time
- 18:58Speaker 3: since September eleventh. All of that they should do. But
- 19:03Speaker 3: what Chuck Schumer's trying to do is prevent all of that.
- 19:06Speaker 3: He wants to table the articles before any evidence is presented,
- 19:11Speaker 3: before the Senate considers anything, and he wants to spare
- 19:14Speaker 3: Democrat senators. Understand, there are a bunch of Democrat senators
- 19:17Speaker 3: running in red and purple states that Schumer doesn't want
- 19:21Speaker 3: to have them vote not guilty because may Orkis is
- 19:24Speaker 3: obviously guilty, and so he doesn't want to get them
- 19:28Speaker 3: on record and tabling it is a much simpler and
- 19:31Speaker 3: less painful way to do it. Now. I can tell
- 19:33Speaker 3: you a week ago, Mike Lee and I together went
- 19:37Speaker 3: to the Senate Parliamentarian's office and we presented an argument,
- 19:40Speaker 3: the two of us. It's quite rare for Senators to
- 19:43Speaker 3: go directly to the parliamentarian. Typically, staff lawyers on our
- 19:47Speaker 3: staff make those arguments. Mike and I made these arguments ourselves,
- 19:51Speaker 3: and he and I have both done this a couple
- 19:53Speaker 3: of different times over the last decade. But the argument
- 19:56Speaker 3: we presented is we wanted to walk through the parliamentarian
- 20:00Speaker 3: the history and the precedent in this case, and in
- 20:03Speaker 3: particular because Schumer wants to table the articles, we wanted
- 20:07Speaker 3: to underscore that in over two centuries, the Senate has
- 20:12Speaker 3: never once tabled articles of impeachment. There was a previous
- 20:17Speaker 3: impeachment in which the Senate tabled the procedural rules, but
- 20:21Speaker 3: that's different than tabling the actual articles of impeachment refusing
- 20:24Speaker 3: to adjudicate. And the point we made, which the Parliamentarian
- 20:29Speaker 3: agreed with, is every single time when an impeachment came over,
- 20:34Speaker 3: the Senate adjudicated the merits, it reached the merits. The
- 20:37Speaker 3: one exception was a case where the individual resigned and
- 20:41Speaker 3: in that case the House basically withdrew the articles of impeachment.
- 20:45Speaker 3: So every time there was an impeachment and the House
- 20:49Speaker 3: was pressing the impeachment, the end of it was every
- 20:52Speaker 3: senator saying guilty or not guilty. And what Chuck Schumer
- 20:55Speaker 3: is trying to do is throw away two hundred years
- 20:59Speaker 3: of our nation's history, all in an effort to give
- 21:02Speaker 3: political protection to vulnerable Democrats and to avoid any media
- 21:07Speaker 3: coverage of the disaster at our southern border.
- 21:10Speaker 2: One other question on this, and that is who is
- 21:13Speaker 2: going to run this? I mean, will this be you
- 21:16Speaker 2: and Sinerle and others heavily involved, or is this going
- 21:21Speaker 2: to be lawyers representing the Republicans that would be asking
- 21:24Speaker 2: the questions. How does that play out?
- 21:27Speaker 3: Well, actually, when it comes to questions, unfortunately, the Senate
- 21:30Speaker 3: doesn't get to ask questions. And so if you remember back,
- 21:33Speaker 3: look when Verdict launched, the very first episode of this
- 21:37Speaker 3: podcast was the first night of the first Trump impeachment.
- 21:42Speaker 3: And if you remember what happened in impeachment number one
- 21:44Speaker 3: and impeachment number two, when we sat there as jurors,
- 21:48Speaker 3: we couldn't speak. Yeah, I'll admit that was frustrating. You know,
- 21:52Speaker 3: among things I like to do, I do kind of
- 21:55Speaker 3: enjoy talking.
- 21:56Speaker 1: I do it a lot.
- 21:59Speaker 3: And we were not allowed to say a word. We
- 22:03Speaker 3: were to sit there and listen, and we listen to
- 22:06Speaker 3: the presentation of the House impeachment managers. We listened to
- 22:10Speaker 3: the presentation of the President's defense team. Now, as I
- 22:16Speaker 3: discussed at great length in those Opening Verdict episodes, I
- 22:21Speaker 3: spoke frequently with President Trump's defense team. And by the way,
- 22:26Speaker 3: some observers said at the time, Oh, that's terrible. You're
- 22:29Speaker 3: supposed to be jurors. You're supposed to be impartial, And
- 22:32Speaker 3: that's not actually right. It is true that we are
- 22:35Speaker 3: jurors in one sense, and that we adjudicate guilt or innocence,
- 22:39Speaker 3: but senators are not designed to be impartial. Frequently in
- 22:44Speaker 3: impeachment you have senators who are very close to the
- 22:49Speaker 3: individual being impeached or very antagonistic to the individual being impeached.
- 22:54Speaker 3: The impeachments occur in a partisan context, and senators are
- 22:57Speaker 3: elected in partisan elections. The framers knew that that was
- 23:01Speaker 3: the world in which impeachments would occur, and they placed
- 23:05Speaker 3: it in a political body to have an exercise of judgment.
- 23:09Speaker 3: Uh And and importantly, actually, during the Bill Clinton impeachment,
- 23:15Speaker 3: Tom Harkin, the Senator from Iowa at the time, stood
- 23:19Speaker 3: up and raised a point of order and asked for
- 23:20Speaker 3: clarification from the presiding Chief Justice that was William Rehnquist,
- 23:25Speaker 3: my former boss, the previous Chief Justice uh and And
- 23:30Speaker 3: Harkin raised a point of order and said, to clarify,
- 23:33Speaker 3: we are not jurors in the sense of a jury
- 23:38Speaker 3: in a in a criminal case, where we simply have
- 23:40Speaker 3: to review the evidence and making determination. And the Chief
- 23:44Speaker 3: Justice rule that is correct. The Constitution empowers you to
- 23:47Speaker 3: adjudicate this matter, uh and and and to consider issues
- 23:52Speaker 3: of fact and law and policy and politics and everything else.
- 23:57Speaker 3: But during that trial, I spoke frequently with President Trump's lawyers.
- 24:01Speaker 3: More than once I told them I thought a strategy
- 24:03Speaker 3: they were pursuing was boneheaded. A number of times I
- 24:08Speaker 3: told them there were strategies they were pursuing that were
- 24:10Speaker 3: quite good and they should do more of it. And
- 24:12Speaker 3: I was trying to give my judgment in terms I
- 24:14Speaker 3: thought both Trump impeachments were completely bogus. They were not
- 24:18Speaker 3: supported by either the facts or the law, and I
- 24:21Speaker 3: wanted that to be the outcome, and so I was
- 24:23Speaker 3: actively involved in giving my thoughts and counsel to the
- 24:29Speaker 3: Trump impeachment defense. Now you'll recall the questions we asked
- 24:34Speaker 3: in the full trial were asked. We wrote them on
- 24:37Speaker 3: note cards and then submitted them to the bench, and
- 24:41Speaker 3: actually the Chief Justice read the questions, and so that's
- 24:46Speaker 3: how it proceeded on the floor of the Senate in
- 24:49Speaker 3: this instance, if we have a trial, if the Senate
- 24:52Speaker 3: follows the procedure, I think it is more likely than
- 24:55Speaker 3: not that a trial would be conducted by a smaller committee,
- 24:58Speaker 3: not the full Senate. Don't think we're likely to spend
- 25:01Speaker 3: weeks on the Senate floor. If we had a Republican majority,
- 25:05Speaker 3: I would be arguing vociferously for us to spend weeks
- 25:07Speaker 3: on the Senate floor trying this, But with Schumer as
- 25:11Speaker 3: majority leader, that argument is going to fail. So I
- 25:15Speaker 3: think it is likely instead to go to a smaller
- 25:17Speaker 3: committee appointed to hear the trial. But then the trial
- 25:23Speaker 3: will be driven by the presentation of evidence by the
- 25:26Speaker 3: House managers. If the Senate actually does its job and
- 25:30Speaker 3: Republicans don't roll over quietly while Schumer tables the whole
- 25:34Speaker 3: matter to make.
- 25:34Speaker 1: It go away.
- 25:35Speaker 2: One last question, because this is incredibly complicated but also
- 25:40Speaker 2: unbelievably interesting, there are going to be a ton of
- 25:43Speaker 2: people that say this is a frivolous waste of taxpayers
- 25:49Speaker 2: money in time, because you can count the votes, and
- 25:52Speaker 2: you know the Democrats are going to be able to
- 25:54Speaker 2: defeat this. Therefore, Republicans shouldn't do this. What is your
- 25:59Speaker 2: counter to that.
- 26:00Speaker 3: That it's obviously false, and by the way, that was
- 26:04Speaker 3: true of the Trump impeachment, the Trump impeachment, the Clinton
- 26:06Speaker 3: impeachment before that. That's been true of a lot of impeachments.
- 26:10Speaker 3: But there is a value, you know. Look, Schumer gets
- 26:15Speaker 3: the value of it. It's why he's scared of this.
- 26:17Speaker 3: The problem is Republican leadership doesn't get the value of it.
- 26:22Speaker 3: Our leadership is from a prior generation where they do
- 26:26Speaker 3: not understand that what we do in the Senate actually
- 26:28Speaker 3: influences public opinion. A lot of our leadership comes from
- 26:33Speaker 3: an era where they say, look, we make decisions in
- 26:37Speaker 3: smoke filled rooms in Washington, and then we go back
- 26:41Speaker 3: to our home states and we tell the silly constituents
- 26:43Speaker 3: there whatever it is they want to hear. And there's
- 26:45Speaker 3: no connection between the two. That they think public opinion
- 26:50Speaker 3: is exogenous. Is it is separate and not impacted by
- 26:55Speaker 3: what we're doing. I think that is a fundamental mistake.
- 26:59Speaker 3: That a major part of our job is to present
- 27:02Speaker 3: facts and argument in a way that move public opinion.
- 27:07Speaker 3: Our leadership fundamentally doesn't think that way. Ironically, the Democrats
- 27:11Speaker 3: do everything they do is designed to move public opinion.
- 27:15Speaker 3: Virtually nothing Republican leadership does is designed to move public
- 27:19Speaker 3: opinion because they don't view that as our job. I
- 27:22Speaker 3: think it is critical to our job. And all right,
- 27:27Speaker 3: let's just go through some facts. So, since seventeen eighty nine,
- 27:32Speaker 3: the Senate has completed seventeen impeachment trials. Of those seventeen
- 27:38Speaker 3: trials completed the Senate, seven of them were conducted in
- 27:44Speaker 3: the last eighty years, and four of them were federal judges.
- 27:48Speaker 3: In those four cases, the Senate appointed a trial committee
- 27:51Speaker 3: composed of an equal number of senators from each party
- 27:54Speaker 3: here and consider evidence and report to the Senate. The
- 27:57Speaker 3: trial committees were not used for presidential impeachments, and the
- 28:01Speaker 3: three trials since eighteen thirty six conducted without a committee,
- 28:05Speaker 3: where Bill Clinton, Donald Trump, and Donald Trump. Every single
- 28:10Speaker 3: instance in over two hundred years of our nation's history,
- 28:14Speaker 3: the Senate has never, once, not even a single time,
- 28:18Speaker 3: tabled articles of impeachment. Every single time the Senate has
- 28:21Speaker 3: voted on either guilt or innocence or the House has
- 28:25Speaker 3: withdrawn the impeachment, and so this is an opportunity for
- 28:32Speaker 3: Senate Republican leadership just to stand and fight, and I
- 28:35Speaker 3: hope that they do. I don't know if they will,
- 28:38Speaker 3: but I hope that they do.
- 28:39Speaker 1: Senator you said something there was very interesting.
- 28:41Speaker 2: You got to really pay attention to the words, and
- 28:43Speaker 2: you said there was seventeen completed impeachment. So the question
- 28:47Speaker 2: I have to ask is, well, then, how many others
- 28:50Speaker 2: weren't completed?
- 28:51Speaker 1: And what it's the difference between the two.
- 28:53Speaker 2: Is it meaning that the Senate decides guilt or innocence
- 28:57Speaker 2: and that is completed.
- 28:59Speaker 3: That's a very good question. In total, there been twenty
- 29:03Speaker 3: one impeachments sent to the Senate, and look, we're well
- 29:07Speaker 3: over two hundred years old, so it averages a little
- 29:10Speaker 3: less frequently than once every ten years. Of the twenty
- 29:14Speaker 3: one impeachments, twenty one individuals who were impeached by the
- 29:17Speaker 3: House of Representatives and transmitted to the Senate. Seventeen of
- 29:20Speaker 3: them were completed, had a trial, and they ended in
- 29:23Speaker 3: an adjudication of guilty or not guilty. One of the
- 29:27Speaker 3: twenty one never got started and the Senate didn't take
- 29:31Speaker 3: action because the person resigned, and so it became mooted,
- 29:35Speaker 3: and then three of them were dismissed. One of them
- 29:38Speaker 3: was dismissed on jurisdictional grounds, and two of them were
- 29:42Speaker 3: dismissed because the people resigned, and the House asked for
- 29:45Speaker 3: the proceedings to be halted. The one that was dismissed
- 29:49Speaker 3: on jurisdictional grounds was the first ever impeachment, and it
- 29:53Speaker 3: was the impeachment of a senator, and the Senate concluded
- 29:56Speaker 3: they had no jurisdiction over the impeachment of a sen
- 30:00Speaker 3: that that impeachment applies to executive officers or judicial officers,
- 30:05Speaker 3: but not to members the legislature, and so it was
- 30:07Speaker 3: dismissed on the.
- 30:08Speaker 1: Basis of jurisdiction.
- 30:10Speaker 4: Uh.
- 30:10Speaker 3: The other two that were dismissed were judges who resigned,
- 30:14Speaker 3: and so the House asked the Senate to end the proceedings.
- 30:17Speaker 3: And the ones that were dismissed, the most recent one
- 30:20Speaker 3: was Samuel Kent, who was a district judge in Texas
- 30:25Speaker 3: who who was impeached and then he resigned right and
- 30:29Speaker 3: so the House asked the Senate to dismiss the matter.
- 30:33Speaker 3: Before that was George W. English, who was a district
- 30:37Speaker 3: judge from Illinois who was impeached by the House in
- 30:39Speaker 3: nineteen twenty six, and likewise, the judge resigned, and so
- 30:47Speaker 3: the House asked the Senate not to proceed. And then
- 30:51Speaker 3: the very first one that I mentioned was Senator William Blount,
- 30:55Speaker 3: and and Blount was a Senator from Tennessee, and he
- 30:59Speaker 3: was charged with conspiring with British forces and Indian tribes
- 31:04Speaker 3: to seize Spanish held lands in the Lower Mississippi Valley
- 31:09Speaker 3: in order to open the area to more settlers than
- 31:11Speaker 3: to increase his personal landholdings. So I mean, you want
- 31:15Speaker 3: to talk about salacious charges, it was literally treason with
- 31:18Speaker 3: our enemies to enrich themselves. And what happened there was
- 31:25Speaker 3: that the House impeached him and the Senate and this
- 31:30Speaker 3: was in seventeen ninety seven, so it was very early
- 31:32Speaker 3: in our country's history. And over the next several months
- 31:35Speaker 3: the Senate spent a lot of time preparing for the trial.
- 31:39Speaker 3: And the Senate trial began on December seventeenth, seventeen ninety eight,
- 31:44Speaker 3: and the House managers and Blounts defense council presented arguments,
- 31:47Speaker 3: but ultimately the question came down to whether Congress could
- 31:52Speaker 3: impeach a former member, and on January fourteenth, seventeen ninety nine,
- 31:57Speaker 3: the Senate dismissed the case, doing so unjust dictional grounds,
- 32:01Speaker 3: holding that that impeachment did not lie again against a
- 32:05Speaker 3: member of the legislature. What that means is unless there's
- 32:10Speaker 3: a jurisdictional claim, and there's not uh, and unless Majorcus
- 32:15Speaker 3: resigns and he hasn't that In every single instance for
- 32:21Speaker 3: more than two hundred years, when the House has impeached someone,
- 32:25Speaker 3: the Senate has adjudicated the matter and has come to
- 32:28Speaker 3: a conclusion guilty or not guilty. That's the argument I
- 32:31Speaker 3: presented to Mike Lee, presented to the parliamentarian. I think
- 32:34Speaker 3: that's consistent with the Constitution, in our rules, and I
- 32:38Speaker 3: very much hope that we see Republicans united in holding
- 32:41Speaker 3: Democrats to follow the Constitution and follow the rules of
- 32:45Speaker 3: the Senate.
- 32:46Speaker 2: Last question for you, and that is there are people
- 32:49Speaker 2: that are going to be listening and they're going to
- 32:50Speaker 2: be saying to themselves, how do I get involved to
- 32:54Speaker 2: make sure Republican leadership does the right thing? Is this
- 32:57Speaker 2: that that moment of call to arms or you say, hey,
- 33:00Speaker 2: call your senator, regardless of their Republican or Democrat call
- 33:05Speaker 2: the Senate Minority leader's office as well.
- 33:08Speaker 1: What should people do now.
- 33:11Speaker 3: Well, that is always effective, picking up the phone and
- 33:13Speaker 3: calling your senator and saying, follow the law, convict majorcas
- 33:19Speaker 3: remove him from office. The invasion at our southern border
- 33:24Speaker 3: is threatening the safety and security of my family. It
- 33:28Speaker 3: is threatening this country. It is inhumane, it is cruel,
- 33:31Speaker 3: it is it is a grotesque violation of the obligations
- 33:36Speaker 3: of a cabinet member. And look, every senator, it makes
- 33:40Speaker 3: a difference when their constituent calls that that that can
- 33:44Speaker 3: be very effective, and speak out and make the case
- 33:47Speaker 3: to your friends and family and on social media and
- 33:49Speaker 3: to anyone else who will listen. That the right thing
- 33:53Speaker 3: to do here was to impeach him, and now it's
- 33:55Speaker 3: to convict him.
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- 35:51Speaker 2: I want to move lastly to this other issue, and
- 35:53Speaker 2: that is it is weird. The media seems to be
- 35:57Speaker 2: turning on Joe Biden. Headlines now coming from major news organizations.
- 36:03Speaker 2: The Washington Post, for example, had this headline, what happens
- 36:07Speaker 2: if Trump or Biden can no longer run for president?
- 36:11Speaker 2: Obviously they're trying to act like Donald Trump is in
- 36:14Speaker 2: cognitive decline. It's not happening, and we know it's different
- 36:17Speaker 2: with Joe Biden. The New York Times even said this,
- 36:21Speaker 2: how old is too old to be president? An uncomfortable
- 36:24Speaker 2: question arises again, and now the New York Times taking
- 36:28Speaker 2: heat for that headline. I want to get your reaction
- 36:31Speaker 2: to this moment on Fox News Channel as They describe
- 36:35Speaker 2: this turning on the president on the story.
- 36:38Speaker 4: Thanks for being here this afternoon with us, everybody. Interesting
- 36:43Speaker 4: when you take a look at a them that seems
- 36:46Speaker 4: to be emerging in the coverage of this campaign, this
- 36:51Speaker 4: presidential race. Right, check out some of these recent headlines,
- 36:54Speaker 4: quote what we know about cognitive decline? Quote what happens
- 37:00Speaker 4: if Trump or Biden can no longer run for president?
- 37:04Speaker 4: How old is too old to be president? These are
- 37:07Speaker 4: not your typical electioneer headlines. But this is clearly not
- 37:10Speaker 4: a typical election year matchup if it turns out to
- 37:14Speaker 4: be these two presumed nominees. So the publisher of The
- 37:17Speaker 4: New York Times is standing by his papers reporting on
- 37:22Speaker 4: the president's quote on popularity and his age, but says
- 37:26Speaker 4: that the White House is not happy. In fact, he
- 37:28Speaker 4: says they're extremely upset about the coverage that they're getting
- 37:31Speaker 4: at the New York Times. And take a listen to
- 37:33Speaker 4: this exchange just a short time ago, as President Biden
- 37:36Speaker 4: left for a fundraising trip to California, watching.
- 37:46Speaker 1: Biden, are you ready, yes, Blod, look at Blod'm looking
- 37:50Speaker 1: at you.
- 37:50Speaker 4: We're looking to you, Okay that we bring in our paper.
- 37:54Speaker 2: I mean, he didn't even know what they were talking about,
- 37:56Speaker 2: Senator and you can see the media flipping on him.
- 38:00Speaker 2: Is this the beginning of the end of his presidency
- 38:03Speaker 2: with the Democratic Party figuring out how to offload him?
- 38:06Speaker 1: Yeah?
- 38:07Speaker 3: Look, that was weird that exchange at the end, being asked,
- 38:10Speaker 3: are you're going to California for a plan B to
- 38:13Speaker 3: talk to Gavin Newsom? Look, that was a nasty little question,
- 38:16Speaker 3: but his answer was bizarre. It was a non sequit
- 38:20Speaker 3: or it made no sense. And you know those three
- 38:22Speaker 3: headlines that the Fox story just read. The first one
- 38:27Speaker 3: was from the Wall Street Journal, the second one was
- 38:29Speaker 3: from the Washington Post, the third one was from the
- 38:31Speaker 3: New York Times. And I do think we are seeing
- 38:34Speaker 3: the corporate media starting to turn on Joe Biden. And
- 38:38Speaker 3: we've talked at length. Listen, it was this podcast that
- 38:42Speaker 3: drove news and drove news across the country when we
- 38:45Speaker 3: said months ago that I believe there was a very
- 38:48Speaker 3: significant chance the Democrat Party would pull the court on
- 38:52Speaker 3: Joe Biden, yank him out and replace him with Michelle Obama.
- 38:56Speaker 3: And I think if they do that, they're likely to
- 38:58Speaker 3: do it either at the Democrat convention this summer or
- 39:01Speaker 3: shortly thereafter, and we're seeing the corporate media, which is
- 39:08Speaker 3: one and the same with the Democrat Party, but in
- 39:10Speaker 3: many ways they're the left wing of the Democrat Party.
- 39:13Speaker 3: They're starting to get nervous. They're starting to realize, crap,
- 39:16Speaker 3: if it's Biden against Trump, we think Trump's gonna win,
- 39:20Speaker 3: and so they're they're they're hitting the panic button. And
- 39:22Speaker 3: I think we're going to see more of these stories
- 39:25Speaker 3: as the media turns on him. I do think you're
- 39:27Speaker 3: seeing both Democrats in the media getting very, very worried
- 39:31Speaker 3: about Joe Biden's ability to win in November.
- 39:34Speaker 2: When you are running for president, you've done this before
- 39:37Speaker 2: and you see something this significant of a change in
- 39:41Speaker 2: the news cycle. Joe Biden has had three years of
- 39:44Speaker 2: basically a media that's been covering for him. I think
- 39:47Speaker 2: that's why he was so shocked when he had that
- 39:50Speaker 2: the report that came out about his cognitive decline and
- 39:53Speaker 2: couldn't answer basic questions, and then he came out with
- 39:56Speaker 2: that very angry, uh really dysfunction press conference at night,
- 40:01Speaker 2: and the media didn't get back in line since then.
- 40:04Speaker 2: So when you see this, who is moving the needle?
- 40:07Speaker 2: Is it donors who are saying we're not going to
- 40:09Speaker 2: give money anymore. Or is it the leadership of the
- 40:13Speaker 2: Democratic Party saying we got to figure something out, we
- 40:15Speaker 2: got to figure it out fast, or could it even
- 40:17Speaker 2: be both?
- 40:18Speaker 3: So I don't think it's donors and I don't think
- 40:20Speaker 3: it's anyone cutting off money. And understand, the Democrats and
- 40:24Speaker 3: the media would be perfectly happy if they could wave
- 40:26Speaker 3: a wand and put Joe Biden there four years more.
- 40:29Speaker 3: They're not worried that he's incompetent to be president. They're
- 40:32Speaker 3: not worried that the Department of Justice says he's not
- 40:34Speaker 3: competent to stand trial. They're not worried that he's such
- 40:38Speaker 3: a weak commander in chief that our enemies are attacking
- 40:41Speaker 3: our allies and threatening America. They're not worried that he
- 40:44Speaker 3: lacks the competence to do the job. That there's only
- 40:49Speaker 3: one thing they're worried about that he would lose. If
- 40:53Speaker 3: they believed he would win, they'd be perfectly fine to
- 40:56Speaker 3: weekend it bernies him, to stand him up as a
- 40:59Speaker 3: corpse and say Joe Biden's there, and let's keep pulling
- 41:03Speaker 3: the puppet strings. Their concern is they're worried he's going
- 41:07Speaker 3: to lose, and that is a very real and an
- 41:12Speaker 3: acute concern on their part. It's also worth noting you
- 41:16Speaker 3: were talking about the press turning on him. You know,
- 41:19Speaker 3: there's a real difference between Republicans and Democrats. Look, on
- 41:22Speaker 3: my end, the press has always turned on me. They're
- 41:25Speaker 3: always hostile. Every question they're asking there, they're looking to
- 41:28Speaker 3: screw me nine ways to Sunday. That's just when you're
- 41:32Speaker 3: and by the way, and you've been in the Capitol
- 41:34Speaker 3: with me, Ben, as you know, when I walk from
- 41:36Speaker 3: my office to the Senate floor, and I do so repeatedly,
- 41:39Speaker 3: whether it is to vote, or to go to meetings
- 41:41Speaker 3: or to go to committee hearings, I'm walking back and
- 41:43Speaker 3: forth through the Capitol and there's a cluster of reporters
- 41:47Speaker 3: that surround you, and they ask you a hostile question
- 41:49Speaker 3: after hostile question on every topic under the sun. And
- 41:53Speaker 3: if you're a Republican, especially a conservative Republican, you're used
- 41:56Speaker 3: to just getting constant barrages of attacks. The Democrats don't
- 42:01Speaker 3: get that. They get the kind of questions. Remember Joe
- 42:04Speaker 3: Biden in his first year in the White House, the
- 42:06Speaker 3: reporters would ask him things like, mister President what's your
- 42:09Speaker 3: favorite flavor of ice cream? I mean, that was right.
- 42:14Speaker 1: I mean, it's it's embarrassing.
- 42:17Speaker 3: It's it's there like groupies chasing the Beatles, throwing their
- 42:21Speaker 3: panties at him. And that's just the guys. I mean,
- 42:23Speaker 3: I mean it is it's pitiful and and and so
- 42:27Speaker 3: he is really startled because he's not used to any scrutiny.
- 42:31Speaker 3: He's not used to journalists actually being journalists. By the way,
- 42:35Speaker 3: there is this phenomenon for Republicans as well. If you
- 42:38Speaker 3: remember John McCain. John McCain used to get lots of
- 42:41Speaker 3: adoring press coverage because when he was a Republican senator
- 42:46Speaker 3: he would often attack other Republicans and the press, and
- 42:49Speaker 3: he would attack him from the left. And the press
- 42:52Speaker 3: loves it when a Republican attacks other Republicans from the left.
- 42:56Speaker 3: It's the best way to get good press. You get
- 42:58Speaker 3: called at bipartisans statesman when you agree with the Democrats
- 43:02Speaker 3: and attack your fellow Republicans. Well, when John McCain got
- 43:06Speaker 3: the Republican nomination, and you and I both supported John
- 43:10Speaker 3: McCain once it is our nominee, Yeah, but the press
- 43:13Speaker 3: turned on him and turned viciously on him. If you remember,
- 43:16Speaker 3: McCain made a comment something like, I don't understand I
- 43:19Speaker 3: thought you guys were my base, and he was completely startled.
- 43:24Speaker 3: Because it's the same sentiment Biden's having. When you're used
- 43:28Speaker 3: to just getting your your hindquarters kissed by the media,
- 43:34Speaker 3: when they start biting, you don't know how to handle it.
- 43:37Speaker 2: And one of two things is gonna happen when it
- 43:40Speaker 2: comes to this center. They're either going to get back
- 43:42Speaker 2: in line after trying to, you know, step out and see,
- 43:45Speaker 2: well others follow us right and test the waters, or
- 43:49Speaker 2: they're going to keep going what's your prediction.
- 43:52Speaker 3: Well, if he stays the nominee, they'll get back in
- 43:54Speaker 3: line and they'll immediately begin saying it's agist and racist
- 43:57Speaker 3: and horrible to even ask these questions, and they have
- 44:00Speaker 3: no shame. So this is the moment where they're trying
- 44:04Speaker 3: to see if they can push him out and replace
- 44:06Speaker 3: him with Michelle Obama. If they can't, if he doesn't go,
- 44:10Speaker 3: if we get to September and Biden's the nominee, the
- 44:14Speaker 3: media will suddenly be completely silent on this front and
- 44:18Speaker 3: will attack anyone who dares raise the same questions they're raising,
- 44:22Speaker 3: right now don't forget.
- 44:23Speaker 2: We do the show Monday, Wednesday and Friday. We have
- 44:26Speaker 2: a week in review on Saturdays. Make sure you grab
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- 44:34Speaker 2: download or follow button as well, and The Sinner and
- 44:38Speaker 2: I will be back with you on Friday morning.