Latest / The Ben Ferguson Podcast / Schumer's Plan to Nuke the Constitution to Avoid Mayorkas Impeachment & Hide Dem's Open Borders Catastrophe
Transcript
- 0:04Speaker 1: Welcome.
- 0:04Speaker 2: It is verdict with Senator Ted Cruz, Ben Ferguson with
- 0:07Speaker 2: you and Senator it is going to be a very
- 0:10Speaker 2: big fight in the Senate with my orcis impeachment, and
- 0:14Speaker 2: it's something you're going to be leading this fight for
- 0:16Speaker 2: the next couple of weeks as Democrats hope that they
- 0:19Speaker 2: can just make all this go away.
- 0:21Speaker 3: Well, that's exactly right.
- 0:22Speaker 4: We're days away from the House transmitting to the Senate
- 0:25Speaker 4: the articles of impeachment against Alejandro Majorcas. This was absolutely
- 0:28Speaker 4: the right thing for the House to do, and the
- 0:31Speaker 4: Senate under Chuck Schumer, the Democrats are trying to do
- 0:35Speaker 4: something utterly unprecedented.
- 0:36Speaker 3: They're trying to.
- 0:37Speaker 4: Blow up and destroy the Senate's impeachment power and responsibility.
- 0:42Speaker 4: They want to avoid a trial altogether. They want to
- 0:44Speaker 4: just table the matter at the outset. That has never
- 0:46Speaker 4: been done in over two hundred years of our nation's history.
- 0:49Speaker 4: It violates the Constitution. It is brazen.
- 0:52Speaker 3: We're going to talk about that at length.
- 0:55Speaker 2: Yeah, it's truly incredible, and especially what their demands are
- 0:58Speaker 2: on the Senate, we'll get to that part. You guys
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- 2:47Speaker 2: Senator, let's go back in time and lay out what
- 2:50Speaker 2: you said. I mean, it was months, if not a
- 2:53Speaker 2: year ago, you've been calling for the impeachment my Orcus
- 2:57Speaker 2: and giving the reasons.
- 2:59Speaker 1: Why.
- 3:00Speaker 2: Let's go back and start there. Why did you say
- 3:03Speaker 2: that my Orcus should have been impeached. He was in
- 3:05Speaker 2: the House and lay out that argument first and foremost,
- 3:09Speaker 2: so people remember all of the issues here.
- 3:12Speaker 3: Well, it's been longer than a year.
- 3:14Speaker 4: It's been closer to two years that I've been calling
- 3:16Speaker 4: for the House to impeach Alejandro Mayorcus. What Mayorcus has
- 3:20Speaker 4: done on behalf of Joe Biden is utterly unprecedented. He
- 3:24Speaker 4: has aided and embedded the criminal invasion of this country
- 3:29Speaker 4: by ten point four million illegal immigrants. The volume of
- 3:33Speaker 4: it is qualitatively different than anything we've ever seen before
- 3:37Speaker 4: in our nation's history. It's the highest level of illegal immigration.
- 3:40Speaker 4: And understand, it's not that Alejandro Majorcis is incompetent, it's
- 3:45Speaker 4: not that he's negligent, it's not that he's bad at
- 3:47Speaker 4: his job. It is that he has decided to utterly
- 3:50Speaker 4: and completely defy federal law, to ignore, to violate federal law,
- 3:55Speaker 4: and to release millions and millions of illegal immigrants, including murderers,
- 3:59Speaker 4: in child molesters, including rapists. And by the way, the
- 4:02Speaker 4: illegal immigrants that he is releasing and that Joe Biden
- 4:05Speaker 4: is releasing, have gone on to murder people, to rape people,
- 4:08Speaker 4: to assault people, to commit horrific crimes, and that was
- 4:11Speaker 4: utterly predictable in this instance. The volume of it mayorcis.
- 4:18Speaker 4: It's not that he's trying to secure the border and
- 4:20Speaker 4: is just lousy at his job. It is that he
- 4:24Speaker 4: is actively trying to accelerate illegal immigration, to assist the
- 4:31Speaker 4: cartels and the human traffickers to process illegal immigrants faster.
- 4:36Speaker 4: Majorcis views his mission as growing ten point four million
- 4:40Speaker 4: illegal immigrants into twenty million, to thirty million into forty million,
- 4:44Speaker 4: and that is profoundly harmful to this country. It is
- 4:48Speaker 4: in complete defiance of federal law. It's why the House
- 4:51Speaker 4: impeached him, and now they are preparing to send the
- 4:55Speaker 4: articles of impeachment over to the Senate. And under the Constitution,
- 4:58Speaker 4: that triggers the Senate's responsibility to conduct a trial and
- 5:02Speaker 4: adjudicate whether he is guilty or not guilty.
- 5:06Speaker 2: If you look at the media, what they're saying right
- 5:09Speaker 2: now is, well, there may be a deal here to
- 5:12Speaker 2: make all this go away. And there was a shocking
- 5:15Speaker 2: statement that was put out by Chuck Schumer, sen up
- 5:17Speaker 2: majority leader, and this is what he said, and I
- 5:21Speaker 2: want people to listen carefully. He says that impeachment should
- 5:25Speaker 2: never be used to settle policy disagreements. Now, the big takeaway,
- 5:30Speaker 2: and I want your take on this, is he's admitting,
- 5:33Speaker 2: I think, for the first time publicly, this is the
- 5:35Speaker 2: policy of the Democratic Party to have wide open borders,
- 5:39Speaker 2: to have terrorists come in, to have cartel members controlling
- 5:44Speaker 2: the border making billions of dollars, and the human trafficking,
- 5:48Speaker 2: the sex trafficking, the fetanyl and everything. This is a
- 5:50Speaker 2: quote policy disagreement. They're admitting it.
- 5:54Speaker 1: Listen, give you.
- 5:56Speaker 5: My colleagues's questions.
- 6:00Speaker 1: You're going to offer a potion to dismiss them.
- 6:03Speaker 4: Charges on Thursday or two for you a conservative of
- 6:06Speaker 4: some Democrats, and tough races over that and.
- 6:08Speaker 1: Come back to the book.
- 6:10Speaker 5: Look, we're going to try and resolve this issue as
- 6:13Speaker 5: quickly as possible. Impeachment should never be used to settle
- 6:17Speaker 5: policy disagreements.
- 6:20Speaker 2: Yes, does that mean that this is going there might
- 6:22Speaker 2: be a date about some sort of a frameworkers, at
- 6:25Speaker 2: least hear from the managers.
- 6:26Speaker 3: What do you think is.
- 6:27Speaker 5: As I said, we're gonna we're going to try to
- 6:30Speaker 5: resolve this as quickly as possible. As I've said in
- 6:34Speaker 5: the past, it's absurd and there are no charges in
- 6:38Speaker 5: the House complaint that rise to the level of impeachment. Yes,
- 6:43Speaker 5: does that mean dismissing it or tabling? As I said,
- 6:47Speaker 5: we're gonna We're going to move forwards and resolve this
- 6:50Speaker 5: as quickly as possible. Once again, impeachment should never be
- 6:54Speaker 5: used to settle policy disagreements.
- 6:57Speaker 1: Yes, go ahead of his notes.
- 7:01Speaker 2: That was a pre planned line written out on paper. Clearly,
- 7:04Speaker 2: impeachment should never be used to settle policy disagreement. Set
- 7:08Speaker 2: it there three times. You listen and say that, and
- 7:11Speaker 2: I was just taken aback up my Well, at least
- 7:13Speaker 2: finally they're admitting it. This is our policy at open
- 7:16Speaker 2: border and to fundamentally change his country with lawlessness.
- 7:20Speaker 4: Yes, look the open borders of Joe Biden. It's not
- 7:24Speaker 4: just Joe Biden. It's Joe Biden, it's Kamala Harris, it's
- 7:27Speaker 4: every Senate Democrats, it's every House Democrat. The Democrat Party
- 7:33Speaker 4: as a collective have decided that open borders, that facilitating
- 7:36Speaker 4: the invasion of this country is good for them politically.
- 7:39Speaker 4: They look at the ten point four million illegals and
- 7:41Speaker 4: they say, hey, they're going to vote Democrat. There are
- 7:43Speaker 4: people some of them will vote illegally right now, and
- 7:46Speaker 4: they're hoping as many of them as possible to vote
- 7:47Speaker 4: illegally right now. But the rest of them, they believe, well,
- 7:50Speaker 4: we'll take power at some point and will grant amnesty
- 7:53Speaker 4: to all of them, will give voting rights to all
- 7:54Speaker 4: of them, and given that we allowed them to come illegally,
- 7:57Speaker 4: they're going to vote Democrat. That is their cynical power calculation. Now,
- 8:03Speaker 4: it was clear Schumer had two sentences written down that
- 8:06Speaker 4: he repeated over and over again. We're going to resolve
- 8:09Speaker 4: this as quickly as possible. Impeachment should not be used
- 8:12Speaker 4: for policy disputes. As you note, he's conceding that it
- 8:15Speaker 4: is the Democrats policy to have open borders and to
- 8:18Speaker 4: allow this invasion and allow criminals and terrorists to come
- 8:21Speaker 4: into this country and threaten Americans. He's conceding that, But
- 8:25Speaker 4: I want to focus on the other sentence he had
- 8:27Speaker 4: fifty percent of its comment was we're going to resolve
- 8:30Speaker 4: this as quickly as possible. And I want to put
- 8:34Speaker 4: this in the context of history, because under the Constitution,
- 8:38Speaker 4: the House has the sole power of impeachment to bring
- 8:41Speaker 4: in impeachment proceeding to vote out articles of impeachment, and
- 8:44Speaker 4: the Senate has the sole power to try impeachments and
- 8:49Speaker 4: the responsibility to try impeachments. Now, in our entire nation's
- 8:53Speaker 4: history over two hundred years, twenty one times, it's been
- 8:57Speaker 4: quite rare. The House of Representatives had voted out articles
- 9:01Speaker 4: of impeachment twenty one times. Alejandro Majorcis is only the
- 9:05Speaker 4: second cabinet secretary in history to be impeached. The first
- 9:10Speaker 4: was in eighteen seventy sixth the Secretary of War. It
- 9:13Speaker 4: has been one hundred and forty eight years since a
- 9:15Speaker 4: cabinet secretary was impeached, so impeaching cabinet secretary is a
- 9:18Speaker 4: big damn deal. Now, the twenty one times that the
- 9:23Speaker 4: House has sent articles of impeachment over to the Senate,
- 9:26Speaker 4: what has happened. Well, In three of them, the person
- 9:30Speaker 4: who was impeach left office was no longer in office,
- 9:33Speaker 4: and so the matter was moot once they were out
- 9:35Speaker 4: of office. Impeachment removes people from office, so there was
- 9:38Speaker 4: nothing further to do, so the Senate did not resolve
- 9:40Speaker 4: the ones once the individual had left office. In one
- 9:44Speaker 4: of them, the very first one ever, William Blount, who
- 9:46Speaker 4: was a Senator at the time, the Senate dismissed for
- 9:51Speaker 4: lack of jurisdiction. And what they concluded correctly is that
- 9:53Speaker 4: under the Constitution, you cannot impeach a a senator. That
- 9:58Speaker 4: the Constitution sets up impeachment as a remedy against executive
- 10:02Speaker 4: branch officials like the president, like Alejandro Majorcis, and it
- 10:07Speaker 4: sets up impeachment as a remedy against judicial officials. And
- 10:10Speaker 4: numerous judges have been impeached and removed from office over
- 10:14Speaker 4: our nation's history. But the Senate concluded in the very
- 10:16Speaker 4: first impeachment ever that it does not apply to a
- 10:19Speaker 4: member of Congress, that under the terms of the Constitution,
- 10:21Speaker 4: members of Congress are not covered by the impeachment power,
- 10:24Speaker 4: but rather the body's sole and exclusive power to expel
- 10:28Speaker 4: its members. So, of the twenty one times the House
- 10:33Speaker 4: has sent articles of impeachment, over four of them were
- 10:37Speaker 4: not adjudicated because the officeholder had left or there was
- 10:40Speaker 4: no jurisdiction. The other seventeen, every single time, one hundred
- 10:48Speaker 4: percent of the time, the Senate held a trial, the
- 10:52Speaker 4: Senate made an adjudication, and the Senate, every Senator, voted
- 10:55Speaker 4: guilty or not guilty. Now, let me tell you what
- 10:58Speaker 4: Chuck Schumer is planning to do. Chuck Schumer is planning
- 11:02Speaker 4: to at the very outset file a motion to table
- 11:06Speaker 4: the articles of impeachment. Now, this is an extraordinary act,
- 11:10Speaker 4: and this does enormous damage to the Constitution and to
- 11:14Speaker 4: the United States Senate. There's never been a motion to
- 11:17Speaker 4: table articles of impeachment over two hundred years of our
- 11:19Speaker 4: nation's history. It's never happened once. Chuck Schumer is getting
- 11:23Speaker 4: ready to do it. Why is he doing it? And
- 11:25Speaker 4: this is important to understand. There are three reasons Schumer
- 11:29Speaker 4: is planning to file a motion to table the articles
- 11:32Speaker 4: of impeachment. Reason number one, he wants to prevent the
- 11:36Speaker 4: house managers from presenting evidence. The house managers in an
- 11:41Speaker 4: impeachment trial, they come over, they present evidence, they lay
- 11:44Speaker 4: out the facts that support the impeachment. Chuck Schumer desperately, desperately,
- 11:49Speaker 4: desperately wants to avoid that evidence being put before the
- 11:52Speaker 4: American people. The second reason he plans to file a
- 11:56Speaker 4: motion to table is he wants to avoid a t
- 12:00Speaker 4: a trial terrifies him. Why because what's happening at the
- 12:03Speaker 4: border is an absolute travesty. It is a disaster, It
- 12:06Speaker 4: is indefensible no Democrat defends it.
- 12:10Speaker 3: They don't dispute it as.
- 12:12Speaker 2: Let me ask you this because it's it's such an
- 12:14Speaker 2: important point that you're making, and I want to make
- 12:16Speaker 2: sure that everybody understands it. You're saying that a trial
- 12:19Speaker 2: is such bad pr for Democrats running for reelection that
- 12:24Speaker 2: they're afraid that the question could get so brutal and
- 12:27Speaker 2: so ont of hand that those moments where they would
- 12:30Speaker 2: in theory be defending my arcers could be used against
- 12:33Speaker 2: them in their campaigns and TV ads and commercials and
- 12:36Speaker 2: things like that. So they don't want any of that
- 12:38Speaker 2: video or audio even available for people that might be
- 12:42Speaker 2: able to just say, see, look at Senator so and
- 12:44Speaker 2: so he's in favor of wide open borders and the
- 12:47Speaker 2: chaos in your communities right now, and here he is
- 12:49Speaker 2: defending it.
- 12:50Speaker 1: Well.
- 12:51Speaker 4: Look, that's the third reason that he wants a motion
- 12:54Speaker 4: at table is he doesn't want the Democrats who are
- 12:56Speaker 4: running for reelection this year to have to vote guilty
- 13:00Speaker 4: or not guilty. He doesn't want John Tester and Montana
- 13:03Speaker 4: to stand up and say not guilty. He doesn't want
- 13:06Speaker 4: Sheared Brown in Ohio to stand up and say not guilty.
- 13:08Speaker 4: He doesn't want Bob Casey in Pennsylvania to stand up
- 13:11Speaker 4: and say not guilty. He doesn't want Tammy Baldwin and
- 13:13Speaker 4: Wisconsin to stand up and say not guilty. He doesn't
- 13:17Speaker 4: want Jackie Rosen and Nevada to stand up and say
- 13:21Speaker 4: not guilty. So he's trying to avoid their having to
- 13:25Speaker 4: make any adjudication on the merits. But but why is
- 13:27Speaker 4: a trial so damaging? Why is the House presenting their
- 13:30Speaker 4: evidence so damaging? Understand the Democrats have no response to
- 13:37Speaker 4: the arguments about the border and the Judiciary Committee. All
- 13:39Speaker 4: the time I lay out the facts, the eight hundred
- 13:42Speaker 4: and fifty three migrants who died last year crossing illegally.
- 13:46Speaker 4: That's almost three a day that Texas farmers and ranchers
- 13:49Speaker 4: are finding on their farms and ranches of dead people,
- 13:52Speaker 4: of elderly people, of pregnant women, of little children and
- 13:55Speaker 4: toddlers abandoned to die. They can't defend that, can't defend
- 14:01Speaker 4: the little boys and little girls that are violently sexually
- 14:05Speaker 4: assaulted by human traffickers every day, over and over and
- 14:09Speaker 4: over again. They cannot defend the women who are violently
- 14:12Speaker 4: raped over and over and over again by human traffickers.
- 14:16Speaker 4: They cannot defend the thousands and thousands of teenage girls
- 14:21Speaker 4: sold into sex slavery. They cannot defend the over one
- 14:25Speaker 4: hundred thousand Americans who died of drug overdoses last year,
- 14:28Speaker 4: seventy percent of which was from Chinese fentanyl flooding across
- 14:31Speaker 4: our southern border. When I lay out these facts, and
- 14:34Speaker 4: I have hundreds of times in the Judiciary Committee, understand, Ben,
- 14:40Speaker 4: no Democrat argues with me. It's not like Dick Durbin
- 14:43Speaker 4: leans forward and goes, well, you know, Cruz has it wrong,
- 14:46Speaker 4: And here's the Democrat spin. Here's why our open borders
- 14:50Speaker 4: are a great idea. They don't have a defense, they
- 14:54Speaker 4: don't argue, they don't dispute a word I said.
- 14:57Speaker 2: Their strategy just when you showed them those bracelets, the
- 15:01Speaker 2: bracelets that are used and remind people quickly with the bracelets,
- 15:05Speaker 2: but no one refuted it. No one acted like what
- 15:08Speaker 2: you were saying was in the gospel truth with the
- 15:10Speaker 2: bracelets at the border.
- 15:11Speaker 4: Right, look on a lot of issues, all right, taxes,
- 15:15Speaker 4: should taxes go up or down? Republicans argue we should
- 15:18Speaker 4: cut taxes. That'll produce jobs, it'll help small businesses, it
- 15:21Speaker 4: will help working families. We have an argument. The Democrats
- 15:24Speaker 4: have an argument on the other side. They said, no, no, no,
- 15:26Speaker 4: we want high taxes, high taxes for the rich. By
- 15:28Speaker 4: the way, they always say high taxes for the rich,
- 15:30Speaker 4: the taxes ended up end up slamming the middle class.
- 15:32Speaker 4: But they have an argument, like we go back and forth.
- 15:35Speaker 4: They have their left wing talking points. We have what
- 15:38Speaker 4: we say, and they go back and forth. What is
- 15:41Speaker 4: fascinating and what is incredibly compelling on this issue? There
- 15:49Speaker 4: are no Democrat talking points that they don't have an
- 15:53Speaker 4: alternative point of view. When I lay out the facts,
- 15:55Speaker 4: when others lay out the facts, they sit there silently.
- 15:58Speaker 4: And why do they do that? They do that because
- 16:00Speaker 4: they know the corporate media is corrupt. They know CNN
- 16:03Speaker 4: won't cover what I'm saying. They know ABC won't cover
- 16:05Speaker 4: what I'm saying. They won't, No, NBC won't cover what
- 16:07Speaker 4: I'm saying. Then no, CBS won't cover what I'm saying.
- 16:09Speaker 4: They especially know MSNBC won't cover what I'm saying. In fact,
- 16:13Speaker 4: they may do the day in life of a drug
- 16:16Speaker 4: lord as bad as MSNBC is, And so their whole
- 16:20Speaker 4: strategy is hide the actual facts from the American people.
- 16:26Speaker 3: Listen.
- 16:27Speaker 4: When I'm in South Texas, do you know that nobody
- 16:30Speaker 4: defends this? There are elected Democrats in South Texas. I've
- 16:34Speaker 4: never seen an elected Democrat in South Texas say hey,
- 16:36Speaker 4: what Joe Biden's doing at the border is awesome. It's
- 16:38Speaker 4: just great. It's something. So when Chuck Schumer says policy disputes, Okay,
- 16:43Speaker 4: what's your policy? Defend it? They don't want to. Their
- 16:47Speaker 4: whole strategy is hide, hide, hide, count on the media
- 16:51Speaker 4: to hide, because they're hoping the American people don't realize
- 16:55Speaker 4: what they're doing. That's why Schumer wants to dismiss it.
- 16:59Speaker 4: A trial terrifies him.
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- 19:04Speaker 2: the confidence of Chuck Schumer. In that clip that we played,
- 19:09Speaker 2: he seemed pretty confident and set it over again. I
- 19:12Speaker 2: think twice that this is going to be something we're
- 19:15Speaker 2: looking for a resolution.
- 19:16Speaker 1: Quickly, maybe in a day.
- 19:18Speaker 2: As the reporter yell back at him, he didn't seem
- 19:20Speaker 2: to push back on that at all. So what is
- 19:23Speaker 2: their game plan to basically make all this go away?
- 19:27Speaker 2: And how do we stop it? And that seems to
- 19:29Speaker 2: be your core goal here is to make sure that
- 19:32Speaker 2: doesn't happen.
- 19:33Speaker 4: Schumer wants it incredibly quick, incredibly silent. He doesn't want
- 19:37Speaker 4: Senate Democrats on record, He doesn't want any of the
- 19:40Speaker 4: facts revealed to the American people. So originally the plan
- 19:43Speaker 4: was that the House had announced they were going to
- 19:45Speaker 4: transmit the articles of impeachment Wednesday night. You and I
- 19:49Speaker 4: are recording this right now. It is eleven fifty one
- 19:52Speaker 4: pm Tuesday night. The plan from the House was it
- 19:55Speaker 4: was going to come over Wednesday night. Now, the consequence
- 19:59Speaker 4: of that means that the Senate would have convened as
- 20:04Speaker 4: an impeachment trial Thursday at one pm. So when articles
- 20:08Speaker 4: of impeachment come to the Senate, there's actually a separate
- 20:11Speaker 4: set of rules for impeachment. They're totally different from the
- 20:14Speaker 4: legislative rules, and it's mandatory that the Senate immediately moves
- 20:18Speaker 4: into impeachment when articles of impeachment come over. Look, it's
- 20:20Speaker 4: only come over twenty one times in our whole nation's history.
- 20:23Speaker 4: It is an unusual moment. The problem with the Senate
- 20:29Speaker 4: starting this Thursday at one pm is typically senators go
- 20:34Speaker 4: home Thursday afternoon, get on a plane, and fly back.
- 20:36Speaker 3: To their states.
- 20:38Speaker 4: Schumer wanted to do all of this Thursday afternoon because
- 20:40Speaker 4: he knew senators would be anxious to leave to get
- 20:42Speaker 4: back to their states. They have events scheduled in their state,
- 20:45Speaker 4: they're traveling around their state, and he knew they would
- 20:47Speaker 4: want to get out of here. So this morning, Tuesday morning,
- 20:51Speaker 4: I started the morning by sitting down in a meeting
- 20:54Speaker 4: with Mitch McConnell and with Republican leadership and with Mike
- 20:58Speaker 4: Lee and John Kennedy and meeting with leadership about how
- 21:04Speaker 4: we can fight what Schumer is doing here. And a
- 21:07Speaker 4: point that I raised in that meeting this morning, I said,
- 21:10Speaker 4: it is really damn stupid for us to do this
- 21:15Speaker 4: Thursday afternoon. It facilitates Schumer's goal of making this quick.
- 21:20Speaker 4: And what I suggested at the meeting this morning is
- 21:23Speaker 4: I said it would make a lot more sense for
- 21:25Speaker 4: the House to transmit the articles of impeachment next week,
- 21:28Speaker 4: next Monday. If they transmit it Monday, the Senate takes
- 21:32Speaker 4: it up Tuesday. Tuesday is a much better time to
- 21:35Speaker 4: take it up because it means the Senate we have
- 21:37Speaker 4: the entire week to put this issue before the American people,
- 21:40Speaker 4: and we're not doing it at a time when senators,
- 21:42Speaker 4: both Democrats and Republicans are eager to get out of town.
- 21:46Speaker 4: The phrase is jet fumes are in the air like
- 21:48Speaker 4: Thursday afternoon is when leadership tries to ram things through
- 21:51Speaker 4: quickly because everyone wants to leave.
- 21:54Speaker 2: Well, and by the way side, note what's happening author
- 21:57Speaker 2: this weekend, which every person in America that will have
- 21:59Speaker 2: supports it's going to be paying attention to as well.
- 22:01Speaker 2: That starts on Thursday the master. So for Democrat to
- 22:05Speaker 2: be even a better time to get on Thursday.
- 22:07Speaker 4: So a bit of good news I raised this morning
- 22:11Speaker 4: at the meeting. I said, this doesn't make any sense.
- 22:13Speaker 4: Everyone who was meeting with us agreed, and so I
- 22:17Speaker 4: texted the Speaker of the House, Mike Johnson. Mike Lee
- 22:20Speaker 4: texted the Speaker of the House. John Kennedy texted the
- 22:23Speaker 4: Speaker of the House, and the Speaker, to his credit,
- 22:26Speaker 4: he's a great guy, he's a great friend. The Speaker said, okay, great,
- 22:29Speaker 4: happy to do it. And so he announced this afternoon
- 22:33Speaker 4: that they were going to delay sending the articles of
- 22:35Speaker 4: impeachment until early next week, and so we asked him
- 22:38Speaker 4: to do that.
- 22:38Speaker 3: He did that at our request.
- 22:40Speaker 4: And the reason we wanted it to come early next
- 22:43Speaker 4: week is so that we could focus early on the
- 22:45Speaker 4: week when we could get real attention and focus on it.
- 22:47Speaker 4: So that was a good step. Now I want to
- 22:51Speaker 4: pause and have you reflect a little bit on why
- 22:55Speaker 4: this motion to table is so consequential if Schumer succeeds,
- 22:59Speaker 4: if if every Democrat votes for it, and right now
- 23:02Speaker 4: Schumer seems supremely confident that every Democrat will vote for it.
- 23:08Speaker 4: What that means, number one, is that every Democrat is
- 23:10Speaker 4: now on record supporting Joe Biden's open borders, that they're
- 23:15Speaker 4: perfectly fine with what Alejandro Mayorcis has done, but Number
- 23:19Speaker 4: two understand that they will have participated in changing the
- 23:25Speaker 4: US Senate. And so today I participated in a press
- 23:29Speaker 4: conference with a number of Republican senators where we talked
- 23:31Speaker 4: about the significance of this moment. And it is in
- 23:36Speaker 4: many ways very similar to twenty thirteen and twenty thirteen
- 23:39Speaker 4: Harry Reid, the Democrat, was the Senate majority leader, and
- 23:43Speaker 4: it is when Harry Reid nuked the filibuster for judicial
- 23:48Speaker 4: appointments and for cabinet appointments and nuking the filibuster, what
- 23:52Speaker 4: that meant is is that Harry Reid broke the Senate
- 23:55Speaker 4: rules in order to change the Senate rules. It used
- 23:57Speaker 4: to be the case that you needed sixty votes to
- 23:59Speaker 4: move forward on judges, to move forward on executive branch nominees.
- 24:04Speaker 4: And what Harry Reid did is he used what was
- 24:10Speaker 4: called the nuclear option, which is that he got a
- 24:14Speaker 4: ruling from the chair on the floor that it takes
- 24:17Speaker 4: sixty votes to proceed to a nomination, and then he
- 24:21Speaker 4: moved to overturn the ruling of the Chair. Under the
- 24:23Speaker 4: Senate rules, any ruling of the Chair can be overturned,
- 24:26Speaker 4: and you can overturn the ruling of the Chair with
- 24:29Speaker 4: just fifty one votes. And so what happened was Harry
- 24:32Speaker 4: Reid got the Democrats to overturn the ruling of the Chair.
- 24:35Speaker 4: And once you do that, you change the precedence, and
- 24:38Speaker 4: that new ruling is binding. The effect of that is,
- 24:42Speaker 4: since twenty thirteen, nominations have only required fifty one votes
- 24:46Speaker 4: instead of sixty votes. Well, that night that Reid was
- 24:52Speaker 4: nuking the filibuster for nominations. The filibuster still exists for legislation,
- 24:57Speaker 4: but read nuked it for nominations. I talked to Amy
- 25:02Speaker 4: Klobuchar on the Senate floor and I told Amy that day,
- 25:05Speaker 4: I said, you are going to regret this decision. All
- 25:09Speaker 4: of the Democrats are going to regret this decision. And
- 25:12Speaker 4: the consequence of this decision is we're going to see
- 25:16Speaker 4: more justices like Antoninscalienne, Clarence Thomas on the courts. And
- 25:20Speaker 4: there is an irony that the direct result of Harry
- 25:25Speaker 4: Reid nuking the filibuster is Roe versus Wade being overturned.
- 25:29Speaker 4: If Harry Reid had not nuked the filibuster, there's no
- 25:32Speaker 4: way on earth that the Senate would have confirmed Brett Kavanaugh,
- 25:36Speaker 4: or probably not Amy Coney Barrett, and maybe not even
- 25:38Speaker 4: Neil Gorsuch. That if we required sixty votes, Roe versus
- 25:44Speaker 4: Wade would still be the law of the land. But
- 25:47Speaker 4: for the Senate Democrats nuking the filibuster in twenty thirteen,
- 25:50Speaker 4: and I told them that, a number of us told
- 25:52Speaker 4: them that in twenty thirteen. Now, what Chuck Schumer is
- 25:57Speaker 4: planning to do next week is every bit as big
- 26:01Speaker 4: a deal as nuking the filibuster. And in many ways
- 26:03Speaker 4: it's more significant. Why because the filibuster is not.
- 26:07Speaker 1: Actual what is the cause and effect?
- 26:09Speaker 2: Then? Right, if you're saying you give the last example,
- 26:12Speaker 2: which is significant, and I don't think you know many
- 26:15Speaker 2: people understood that are remembered it. But what would it
- 26:18Speaker 2: then be the cause and effect of this? And could
- 26:21Speaker 2: there be a silver lining in it? Well, Look, the
- 26:25Speaker 2: reason it is more significant is the filibuster is not
- 26:28Speaker 2: written in the Constitution. The filibuster is a matter of
- 26:31Speaker 2: Senate procedure and Senate practice, and the Senate rules impeachment
- 26:35Speaker 2: is written into the Constitution. The obligation on the Senate
- 26:39Speaker 2: to try impeachment is mandatory. It is in the Constitution.
- 26:43Speaker 2: So what the Senate Democrats are planning to do next
- 26:45Speaker 2: week is nuke the impeachment clause of the Constitution, destroy
- 26:51Speaker 2: the Senate's responsibility, give away the Senate's power. And you
- 26:54Speaker 2: want to know the consequences. Listen, We've got an election
- 26:58Speaker 2: in November. I think there's a very good chance to
- 27:00Speaker 2: Donald Trump will be elected president. And it is entirely
- 27:03Speaker 2: possible that Trump will be elected president. Republicans will take
- 27:07Speaker 2: the Senate, and yet we could lose the House. We
- 27:11Speaker 2: could end up in January with Trump and the White House,
- 27:14Speaker 2: a Republican Senate and a Democrat House. If that happens,
- 27:19Speaker 2: I'm here to predict right now. If the Democrats have
- 27:21Speaker 2: the House, they will once again impeach Donald Trump, maybe
- 27:24Speaker 2: for the third time, the fourth time, the fifth time.
- 27:26Speaker 2: I can't tell you how many times a Democrat house
- 27:29Speaker 2: will impeach Donald Trump. It may be the only thing
- 27:31Speaker 2: they do for two years.
- 27:33Speaker 4: If that happens and it comes to the Senate and
- 27:37Speaker 4: we have a Republican Senate, you know what we'll do.
- 27:39Speaker 4: We'll table the damn thing. And let's be clear, we
- 27:42Speaker 4: didn't last time. So when Donald Trump was impeached the
- 27:46Speaker 4: first time, it was exactly that scenario. You had a
- 27:49Speaker 4: Democrat House Pelosi ram the impeachment through the impeachment came
- 27:54Speaker 4: over to the Senate. We had a Republican Senate, Mitch
- 27:56Speaker 4: McConnell was the majority leader. We could have tried to
- 28:00Speaker 4: do what Chuck Schumer is getting ready to do. We
- 28:02Speaker 4: could have just tried to table at the outset, but
- 28:04Speaker 4: we didn't because Senate Republicans actually took our constitutional obligation seriously.
- 28:09Speaker 4: We followed the Constitution. We conducted the trial, and Donald
- 28:12Speaker 4: Trump was acquitted. We voted not guilty. That's actually the
- 28:15Speaker 4: proper constitutional way. What Chuck Schumer is willing to do
- 28:20Speaker 4: to protect Democrat senators from accountability for the disaster at
- 28:25Speaker 4: our southern border of their policies, what he now calls
- 28:28Speaker 4: a policy dispute, is break the Senate and nuke the
- 28:33Speaker 4: impeachment clause of the Constitution. That's a big deal, and
- 28:37Speaker 4: it's a deal that will have consequences ten years, fifty years,
- 28:42Speaker 4: one hundred years from now. If Schumer does this next week,
- 28:46Speaker 4: you will never again see an impeachment trial when the
- 28:49Speaker 4: Senate is the same party as the president, that will
- 28:52Speaker 4: be taken off the table.
- 28:54Speaker 2: So if he does this, will there be any backlash
- 28:58Speaker 2: you think come November? Or is this such inside baseball
- 29:02Speaker 2: that it just says they say, okay, so what he
- 29:06Speaker 2: changed it?
- 29:06Speaker 1: Who really cares?
- 29:08Speaker 4: Well, Look the institutional change of the Senate, I don't
- 29:12Speaker 4: think that's going to be a big voting issue. I
- 29:15Speaker 4: do think the border and the chaos and the suffering
- 29:20Speaker 4: and the death that is coming from Joe Biden to
- 29:22Speaker 4: the Democrats' open border, I think that is going to
- 29:24Speaker 4: be probably the single most important issue in November, and
- 29:29Speaker 4: so it is critically important we do everything we can
- 29:32Speaker 4: to number one, increase the price for Schumer breaking the Senate,
- 29:37Speaker 4: destroying the institutions of democracy. You know, there's an irony.
- 29:42Speaker 4: Democrats love to beat their chest and talk about how
- 29:44Speaker 4: they want to save democracy, and yet this is an
- 29:49Speaker 4: assault on democracy. This is an assault on the constitution
- 29:53Speaker 4: and the institution that is the Senate, just like the
- 29:56Speaker 4: Democrats assault on the filibuster back in twenty thirteen. The
- 29:59Speaker 4: Democrats have systematically been tearing down our institutions. But what
- 30:04Speaker 4: I think is going to resonate. So listen, when we
- 30:07Speaker 4: move to the impeachment trial, hopefully early next week, a
- 30:11Speaker 4: number of US intend to raise points of order. I
- 30:13Speaker 4: intend to raise probably multiple points of order, challenging what
- 30:17Speaker 4: the Democrats are doing. And let me be clear what's
- 30:20Speaker 4: supposed to happen. So here's what should happen next week.
- 30:24Speaker 4: They're one of two things that can happen. Number One,
- 30:28Speaker 4: the Senate, the full Senate could move could could move
- 30:32Speaker 4: to could adopt an organizing resolution and move to holding
- 30:36Speaker 4: an impeachment trial on the floor of the Senate. Now,
- 30:39Speaker 4: when the president is impeached, the Chief Justice of the
- 30:42Speaker 4: United States presides over the impeachment trial and it occurs
- 30:48Speaker 4: on the floor of the Senate. You'll recall that's what
- 30:50Speaker 4: happened with both the Trump's impeachments. That's what happened with
- 30:53Speaker 4: Bill Clinton's impeachment. And so Mike Lee has filed an
- 31:00Speaker 4: organizing resolution that I've co authored that would set up
- 31:04Speaker 4: a trial using exactly the same rules that the Democrats
- 31:07Speaker 4: put in place that we followed for Donald Trump's impeachment. Actually,
- 31:11Speaker 4: the first one the Republicans put in place, the second
- 31:14Speaker 4: one the Democrats had a majority they put in place
- 31:16Speaker 4: for Trump's second impeachment. And by the way, the second
- 31:20Speaker 4: impeachment of Trump, the Chief Justice did not preside because
- 31:23Speaker 4: Trump was no longer president. So Pat Leahy, the President
- 31:26Speaker 4: pro tem, presided, because the Chief Justice only presides when
- 31:29Speaker 4: it is the sitting president who's being impeached. That's one
- 31:33Speaker 4: way of proceeding. Frankly, if we had a Republican majority,
- 31:36Speaker 4: that's the way we would proceed is we would have
- 31:38Speaker 4: a trial on the floor of the Senate to put
- 31:40Speaker 4: the facts before the American people. There is another way
- 31:44Speaker 4: that Schumer and the Democrats could proceed, consistent with the
- 31:47Speaker 4: Constitution and consistent with the law, which is the Senate
- 31:50Speaker 4: could appoint an impeachment committee, a committee with an equal
- 31:55Speaker 4: number of members, an equal number of Democrats and Republicans,
- 31:59Speaker 4: and the committee would conduct the impeachment trial. Now, the
- 32:02Speaker 4: trial would be public. The House managers would present their evidence,
- 32:06Speaker 4: and the committee would conduct the trial. That is the
- 32:08Speaker 4: way that the Senate is handled, for example, the judicial
- 32:11Speaker 4: impeachments that come over. They've appointed a committee, the committee
- 32:15Speaker 4: has heard the trial, and then the committee makes a
- 32:17Speaker 4: recommendation to the Senate, and the Senate Ultimately, every Senator
- 32:20Speaker 4: has to vote guilty or not guilty. But the trial
- 32:23Speaker 4: itself is not held on the Senate floor. It's held
- 32:26Speaker 4: in a committee. Now, I filed an organizing resolution that
- 32:31Speaker 4: would set up exactly that process, would set up a
- 32:33Speaker 4: committee to conduct the trial. The trial would be public,
- 32:37Speaker 4: so we would put the information, we'd put the charges,
- 32:39Speaker 4: we'd put the evidence, we'd put the harms, we'd put
- 32:42Speaker 4: the people hurt and killed by the Democrats' open borders.
- 32:45Speaker 4: We put all of those facts before the American people.
- 32:48Speaker 4: But it would not be on the floor. It would
- 32:49Speaker 4: be in a committee. I'm going to make a motion
- 32:55Speaker 4: to do that. The Democrats are going to oppose it,
- 32:57Speaker 4: I expect, and I think there are a number of
- 32:59Speaker 4: Republicans who are going to raise points of orders, try
- 33:01Speaker 4: to make motions to highlight the enormous harms caused by
- 33:06Speaker 4: the open borders. And what I'm anticipating is every Democrat
- 33:09Speaker 4: voting party line over and over and over again against
- 33:13Speaker 4: every motion and every point of order we raise. Why
- 33:16Speaker 4: And it's what Chuck Schumer told us, Because this is
- 33:18Speaker 4: a policy dispute, and the policy of the Democrats is
- 33:21Speaker 4: they are for open borders. No matter how many people
- 33:24Speaker 4: are killed, no matter how many children are violated, no
- 33:28Speaker 4: matter how many women are sexually assaulted, they'refore open borders,
- 33:32Speaker 4: no matter how many terrorists come into this country and
- 33:35Speaker 4: how much death and destruction results. And I think next
- 33:38Speaker 4: week we're going to see that vividly before the American people.
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- 35:35Speaker 2: get free AMO right now. Senator one last question, I
- 35:38Speaker 2: want to ask you about this issue and it's an
- 35:41Speaker 2: important one and that is okay. So in the next
- 35:44Speaker 2: four or five days, what a listeners of verdict need
- 35:47Speaker 2: to do and who do they need to be calling
- 35:49Speaker 2: or does this say hey, go and call into local
- 35:52Speaker 2: talk radio shows and explain why this is important and
- 35:56Speaker 2: what Republicans should do.
- 35:58Speaker 1: Do they need to call their senators?
- 36:00Speaker 2: Sometimes people, I think get fatigue on that and they think,
- 36:02Speaker 2: do they even listen to me? Does it even matter
- 36:04Speaker 2: if I've got a Democratic senator that I from my state,
- 36:07Speaker 2: Are they going to even listen to me?
- 36:10Speaker 1: So?
- 36:10Speaker 4: Yes, call your senators and it's important, particularly those Democrat
- 36:13Speaker 4: senators that are in tough reelection races. I mentioned them Montana, Ohio, Pennsylvania, Nevada, Wisconsin,
- 36:23Speaker 4: all of them are in tough reelection races.
- 36:25Speaker 3: Call them.
- 36:27Speaker 4: Call if you're in New Hampshire, You've got two Democrats there.
- 36:30Speaker 4: They're not in the ballot this time, but call them anyway.
- 36:32Speaker 4: If you've got call your senator and say follow the constitution,
- 36:37Speaker 4: have a trial. Call your senator and say in the
- 36:39Speaker 4: open borders that pressure matters. That pressure there's a reason
- 36:44Speaker 4: Schumer listen. Schumer is not shy about talking. I mean
- 36:49Speaker 4: he'll talk about anything. The fact that he had two
- 36:51Speaker 4: sentences he read and nothing more. We're going to finish
- 36:54Speaker 4: this very quickly. Impeachment shouldn't be used for policy disputes.
- 36:57Speaker 4: He didn't have a third sentence. The reason is he's
- 37:00Speaker 4: terrified his members, John Tester and Montana is utterly terrified.
- 37:05Speaker 4: He wants this over yesterday, fast, fast, fast, fast, fast,
- 37:08Speaker 4: because the people of Montana are horrified by the open
- 37:11Speaker 4: borders that John Tester supports, and he's going to pretend
- 37:14Speaker 4: when he goes home he doesn't support them. Well, every
- 37:17Speaker 4: moment that this is on the Senate floor, every moment
- 37:20Speaker 4: that the American people are seeing this is a bad
- 37:22Speaker 4: moment for Senate Democrats that are trying to get reelected.
- 37:25Speaker 4: So yes, call your senator, but also do everything you
- 37:29Speaker 4: can to highlight what's going on, to highlight the facts. Look,
- 37:32Speaker 4: the Democrats' strategy is darkness. It's cover this up. It's
- 37:36Speaker 4: count on the corporate media not to tell the American people.
- 37:39Speaker 4: Hope the voters do not know what is happening. So
- 37:42Speaker 4: do everything we can. Hopefully next week I'm certainly going
- 37:45Speaker 4: to be trying a number of the other Republicans are
- 37:47Speaker 4: going to be trying to highlight the absolute disaster, the
- 37:52Speaker 4: indefensible crisis that the Democrats have deliberately caused on the
- 37:57Speaker 4: southern border and that they continue to cause. It's not
- 38:00Speaker 4: like they've stopped. They're doing it today, they're doing it tomorrow.
- 38:03Speaker 4: They're going to continue to do it over and over
- 38:06Speaker 4: and over again because for them, the partisan political upside
- 38:09Speaker 4: is worth it, and the people who suffer and die
- 38:13Speaker 4: that's not a big enough problem to make them stop
- 38:16Speaker 4: or change their behavior. We need to make sure the
- 38:18Speaker 4: American people know the facts.
- 38:21Speaker 1: Yeah, great point. Don't forget.
- 38:23Speaker 2: Share this podcast with your family and friends, share it
- 38:26Speaker 2: on social media.
- 38:27Speaker 1: Right, it's a five star review.
- 38:28Speaker 2: It helps us reach a new audience and most importantly,
- 38:32Speaker 2: get involved. Call your senators and make sure people know
- 38:36Speaker 2: what's going on in your states, especially the ones that
- 38:38Speaker 2: the senator just talked about.
- 38:40Speaker 1: Also, don't forget.
- 38:40Speaker 2: You can grab my podcast and I'll keep you up
- 38:43Speaker 2: to date on the in between days as we do
- 38:44Speaker 2: the show Monday, Wednesday and Fridays. Grab my show the
- 38:47Speaker 2: Ben Ferguson podcasts as well, and I'll keep you up
- 38:49Speaker 2: to dated on the breaking news on those in between
- 38:51Speaker 2: days and the Senator and I will see you back
- 38:53Speaker 2: here Friday morning.