Latest / The Ben Ferguson Podcast / China Buying Farmland NEXT to U.S. Military Bases to Spy on us, plus Alvin Bragg RELEASED the anti-Israel Protestors who Took Over Columbia

Transcript

China Buying Farmland NEXT to U.S. Military Bases to Spy on us, plus Alvin Bragg RELEASED the anti-Israel Protestors who Took Over Columbia · The Ben Ferguson Podcast

• 0:00
  Speaker 1: Welcome.
• 0:00
  Speaker 2: It is verdicrous center. Ted Cruz ben Ferguson with you, Senator.
• 0:04
  Speaker 2: This is going to be a very interesting show today,
• 0:07
  Speaker 2: and one of the most shocking topics is the Biden
• 0:10
  Speaker 2: administration has been asleep at the wheel, apparently, as China
• 0:14
  Speaker 2: is buying up farmland at alarming rates, not just in
• 0:17
  Speaker 2: the country in general, but specifically around military bases.
• 0:21
  Speaker 3: Well, that's exactly right. We're seeing a pattern across the
• 0:23
  Speaker 3: country of China systematically buying farmland next to military bases.
• 0:28
  Speaker 3: Nineteen military bases across the country. China has acquired farmland
• 0:33
  Speaker 3: that makes us vulnerable to espionage. It makes us vulnerable
• 0:37
  Speaker 3: to all sorts of surveillance. It should be completely unacceptable.
• 0:41
  Speaker 3: We need to do a lot more to stop it.
• 0:43
  Speaker 3: We're also going to get into what has happened in
• 0:45
  Speaker 3: New York City. Alvin Bragg made his name by bringing
• 0:48
  Speaker 3: this ridiculous, bogus case against Donald Trump. Well now he's
• 0:51
  Speaker 3: making his name again by taking the violently anti Israel
• 0:56
  Speaker 3: Prohamas protesters at Columbia, the protesters who broke into the building,
• 1:00
  Speaker 3: who sees the building, who was arrested, Well, he just
• 1:04
  Speaker 3: announced he's not going to prosecute them. He dismissed the
• 1:06
  Speaker 3: charges against them. I have to say that should surprise
• 1:10
  Speaker 3: virtually nobody. Alvin Bragg is a George Soros prosecutor who
• 1:15
  Speaker 3: was elected to let criminals go, and unless your name
• 1:18
  Speaker 3: happens to be Donald Trump, he's in the business of
• 1:20
  Speaker 3: letting criminals go. Finally, we're going to talk about the
• 1:23
  Speaker 3: hearing that is coming up in the Federal court in
• 1:27
  Speaker 3: Florida on the case against Donald Trump for possession of
• 1:32
  Speaker 3: classified documents, and in particular, the judges scheduled a hearing
• 1:35
  Speaker 3: on whether Jack Smith, a special prosecutor, is legally appointed,
• 1:40
  Speaker 3: whether it is constitutional for him to serve as as
• 1:43
  Speaker 3: special counsel. There's a serious legal argument here. We're gonna
• 1:47
  Speaker 3: break it down.
• 1:47
  Speaker 2: Yeah, it's gonna be really interesting to see what happens
• 1:49
  Speaker 2: with that case. I want to tell you first, how
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• 3:36
  Speaker 2: had a warning earlier this past year on China and
• 3:40
  Speaker 2: the threat of China. It came in the unorthodox way
• 3:45
  Speaker 2: of a really big balloon that is traveling across this country.
• 3:48
  Speaker 2: The Biden administration allowed it to sit, hover, even back up,
• 3:52
  Speaker 2: use our cell towers to then send data back to
• 3:55
  Speaker 2: the communist Chinese government, and then we shot it down
• 3:58
  Speaker 2: after and finished its mission. That was a big concern
• 4:01
  Speaker 2: of many Americans. But now we find out about all
• 4:04
  Speaker 2: of this farmland well.
• 4:05
  Speaker 3: And to be clear, there were multiple Chinese by balloons,
• 4:08
  Speaker 3: and the Biden administration didn't bother to tell anyone about
• 4:11
  Speaker 3: them until finally some ranchers in Montana spotted this one
• 4:15
  Speaker 3: and they got outed on the internet. Were it not
• 4:18
  Speaker 3: for that, we wouldn't even know about this one. They
• 4:19
  Speaker 3: kept its secret that the Chinese had been spent sending
• 4:22
  Speaker 3: spy balloons over US airspace, over US military bases. They're
• 4:27
  Speaker 3: engaged in active espionage against US. Well, this pattern is
• 4:32
  Speaker 3: a second pattern. It's one I've been focused on for
• 4:34
  Speaker 3: a long time and it is a real national security threat.
• 4:37
  Speaker 3: Here want I want you to.
• 4:38
  Speaker 1: Take a look at this map.
• 4:39
  Speaker 3: You pull up this map. This shows the Chinese farmland
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  Speaker 3: that they have purchased around military bases. Nineteen bases across
• 4:48
  Speaker 3: this country. That includes Fort Liberty, which is what used
• 4:51
  Speaker 3: to be Fort Bragg in Fayetteville, North Carolina. That includes
• 4:56
  Speaker 3: Fort Cavazos, which is what used to be Fort Hood
• 4:59
  Speaker 3: here in ten Exis. That includes Marine Corps based Camp
• 5:03
  Speaker 3: Pendleton in San Diego, California, And it includes McDill Air
• 5:08
  Speaker 3: Force Base in Tampa, Florida. All of those the Chinese
• 5:12
  Speaker 3: are buying up land, and they're claiming they're buying it
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  Speaker 3: up for farming or ranching, but it allows them to
• 5:17
  Speaker 3: set up reconnaissance sites. It allows them to install tracking technology,
• 5:23
  Speaker 3: to use radar, to use infrared scanning and to view
• 5:27
  Speaker 3: the bases and from there to attempt to fly drones
• 5:31
  Speaker 3: over the bases and engage in surveillance. And I got
• 5:33
  Speaker 3: to say it is insane that we are allowing the
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  Speaker 3: Chinese to do this. This should be illegal. We should
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  Speaker 3: not allow the Chinese communists to buy land anywhere near
• 5:47
  Speaker 3: near our bases. And this is an issue I've been
• 5:50
  Speaker 3: fighting on a long time in the Senate, and at
• 5:53
  Speaker 3: least so far that the Democrats have resisted doing anything
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  Speaker 3: meaningful to stop this problem.
• 6:01
  Speaker 2: Let me ask you this, when did this become a
• 6:03
  Speaker 2: problem that was on put on your radar screen, Because
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  Speaker 2: it's not like they went and bought all this land
• 6:08
  Speaker 2: up at the exact same day, at the exact same time.
• 6:11
  Speaker 2: There should have been some warnings that went off for
• 6:15
  Speaker 2: the people and their government that like, hey, there's a trend.
• 6:18
  Speaker 2: Now we're seeing these Chinese companies coming in or individuals
• 6:22
  Speaker 2: coming in and they're specifically buying up farmland right around
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  Speaker 2: our military installations. You would think with an FBI that
• 6:28
  Speaker 2: can find Graanma from January sixth, they would be paying
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  Speaker 2: attention to things like this, or even the CIA, you
• 6:34
  Speaker 2: would think there'd be somebody at the DODA that would
• 6:36
  Speaker 2: have been raising the red flag here going we've got
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  Speaker 2: a major problem.
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  Speaker 1: We got to make sure this is stopped.
• 6:42
  Speaker 2: And now we look at the entire US map and
• 6:44
  Speaker 2: all of our biggest military installations, and there is literally
• 6:48
  Speaker 2: farmland surrounding me. I look at Fort Liberty and I
• 6:51
  Speaker 2: was actually there and went on base last year.
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  Speaker 1: This area around it's not like it's a little sliver.
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  Speaker 2: It's almost encomassing the entire Fort Liberty Base, which is
• 7:01
  Speaker 2: a massive base with farmwan all around it.
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  Speaker 3: Now, look, it's an enormous problem, and you gotta remember
• 7:07
  Speaker 3: you got to overlap this with the consequence of our
• 7:11
  Speaker 3: open borders, our open borders on the southern border due
• 7:13
  Speaker 3: to Joe Biden, the Democrats. We've seen an explosion of
• 7:16
  Speaker 3: illegal aliens, over eleven million illegal aliens since Biden became president.
• 7:21
  Speaker 3: But we've also seen an explosion of Chinese nationals in
• 7:25
  Speaker 3: twenty twenty one. How many Chinese nationals do you think
• 7:28
  Speaker 3: crossed illegally into this country.
• 7:30
  Speaker 1: Twenty twenty one. I do not that many.
• 7:33
  Speaker 3: I would assume three hundred and forty two. Wow, how
• 7:37
  Speaker 3: many of this past year.
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  Speaker 1: I'm gonna guess ten x because it's Biden.
• 7:40
  Speaker 3: So three hundred and forty two ten X would be
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  Speaker 3: three thousand, four hundred and twenty. Yeah, now twenty four,
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  Speaker 3: one hundred and twenty five.
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  Speaker 1: Good grief.
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  Speaker 3: Twenty four thousand. Now, the last I checked, twenty four
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  Speaker 3: thousand military age Chinese men marching over our border. In
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  Speaker 3: any normal world, that would be called an invasion. That's
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  Speaker 3: in one year, and they're almost all military age men.
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  Speaker 3: Let's talk about some of the specific people investing. Here
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  Speaker 3: are some of the known investors with ties to Communist China.
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  Speaker 3: One of the biggest investors in Texas is a billionaire
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  Speaker 3: named Sun Guang Xin. He is very deep ties to
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  Speaker 3: the Communist Party and he's spent an estimated one hundred
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  Speaker 3: and ten million dollars buying up land next to Laughlin
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  Speaker 3: Air Force Base in Valverdi County, Texas, a training ground
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  Speaker 3: for military pilots. I've been down to that Air Force base.
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  Speaker 3: When this issue really came on my radar screen was
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  Speaker 3: when I was down at Laughlin Air Force Base and
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  Speaker 3: was meeting with the leadership there and they were expressing
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  Speaker 3: So what the Chinese have done is they bought a
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  Speaker 3: lot of the land surrounding that base and they put
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  Speaker 3: windmills up on it. Now, why is that a problem,
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  Speaker 3: Because Laughlin uses that to train our pilots, and you
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  Speaker 3: can't train flying through windmills. It's a hazard. And what
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  Speaker 3: they're doing is they're off major routes that are available
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  Speaker 3: for training our pilots. They're limiting the ability to train
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  Speaker 3: our pilot and they're doing it in the name of quote,
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  Speaker 3: let's build some windmills here.
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  Speaker 2: So not only is it interfering with our military readiness
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  Speaker 2: and training, but then there's the other part that we discussed,
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  Speaker 2: which is espionage. And look, the FBI director, we talked
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  Speaker 2: about this on Verdict a couple months ago. He came
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  Speaker 2: before Congress and put a very clear warning to Congress
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  Speaker 2: that he was very concerned about China. He was very
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  Speaker 2: concerned about what they're doing inside the United States of
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  Speaker 2: America espionage and also what they're stealing using you know, hacking, etc.
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  Speaker 2: But he says they're opening up cases against Chinese individuals
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  Speaker 2: and having to basically monitor all of these people in
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  Speaker 2: this country at alarming rates that he said they can't
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  Speaker 2: even keep up with.
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  Speaker 4: Yeah.
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  Speaker 3: Look, remember when Trump was president and Mike Pompeo with
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  Speaker 3: Secretary of State, where the FBI came in and shut
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  Speaker 3: down the Chinese consulate in Houston, Texas, where you and
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  Speaker 3: I are right now, because the Chinese consulate they were
• 10:01
  Speaker 3: using for espionage. It was basically a spy ring that
• 10:04
  Speaker 3: they had cells that they were detaining and imprisoning Chinese
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  Speaker 3: nationals who live in Texas. Within the consulate. It was
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  Speaker 3: apparently filled with rats. It was a nasty, nasty place,
• 10:17
  Speaker 3: but it's where they were running spies right here out
• 10:21
  Speaker 3: of Houston, Texas. It was shut down. I'll tell you.
• 10:25
  Speaker 3: Following the problem with laugh Air Force Base, in twenty twenty,
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  Speaker 3: I wrote a letter to then Treasury Secretary Stephen Manuchin
• 10:33
  Speaker 3: calling on the Treasury Department to step in and put
• 10:36
  Speaker 3: more protections in place. And I'll tell you since then,
• 10:39
  Speaker 3: the Department of Treasury has increased the protections against foreign
• 10:43
  Speaker 3: adversaries acquiring real estate for both Laflin Air Force Base
• 10:48
  Speaker 3: and Lachlan Air Force Base in San Antonio. So we
• 10:51
  Speaker 3: made some progress. But here's another group of investors, the
• 10:55
  Speaker 3: Fufeng Group, which is a Shandong, China based company that
• 10:59
  Speaker 3: specialized in flavor enhancers and sugar substitutes, purchase three hundred
• 11:05
  Speaker 3: acres of farmland forty miles from the Grand Forks Air
• 11:10
  Speaker 3: Force Base in North Dakota in twenty twenty two. Chen
• 11:15
  Speaker 3: Tian Kuoo, I'm sorry my pronunciation is not great on that.
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  Speaker 3: I'm doing the best I can. He's a billionaire as
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  Speaker 3: a Chinese Communist Party member, is the second largest foreign
• 11:27
  Speaker 3: owner of farmland in the United States. He bought nearly
• 11:31
  Speaker 3: two hundred thousand acres of farmland in Oregon and twenty
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  Speaker 3: fifteen at about four hundred and thirty dollars an acre.
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  Speaker 3: His purchase of the acreage didn't even appear in government
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  Speaker 3: records of land ownership by foreign investors until it was
• 11:43
  Speaker 3: first revealed in January. And another one Mine One Partners,
• 11:48
  Speaker 3: a firm partially backed by Chinese nationals, was told to
• 11:52
  Speaker 3: move equipment from less than one mile from F. E.
• 11:55
  Speaker 3: Warren Air Force Base in Cheyenne, Wyoming, saying it was
• 11:59
  Speaker 3: a national security risk, per the Air Force Times. Here
• 12:04
  Speaker 3: listen to a Navy admiral describe the scope of the problem.
• 12:08
  Speaker 5: You know, this thing of our military base is getting
• 12:10
  Speaker 5: penetrated by foreign nationals is happening more and more. This
• 12:15
  Speaker 5: is something we see probably two or three times a
• 12:17
  Speaker 5: week where we're stopping these folks at the gate with
• 12:21
  Speaker 5: a week a week at least, and this is just
• 12:23
  Speaker 5: Navy alone, where we're seeing folks try to come in
• 12:27
  Speaker 5: and usually the cover story is. And I'm a student,
• 12:30
  Speaker 5: you know, I'm here. I'm an enthusiast. I want to
• 12:32
  Speaker 5: see the ships. That type of thing. We have to
• 12:33
  Speaker 5: turn them around and typically we get NCIS involved with those,
• 12:37
  Speaker 5: and we get biometrics when possible. But yes, there's been
• 12:40
  Speaker 5: an up ticking Mack.
• 12:41
  Speaker 3: Do they have passports?
• 12:42
  Speaker 5: Do they have a lot of times they have passports,
• 12:44
  Speaker 5: They have papers, Yes, but they're in no way, shape
• 12:47
  Speaker 5: or form authorized to be on our base. And it's
• 12:50
  Speaker 5: really hard for us to tell the underlying motive for
• 12:52
  Speaker 5: these type of cases.
• 12:53
  Speaker 1: Wow, that's stunning. It is. It's got to be a concern.
• 12:57
  Speaker 5: This is Russian, Chinese, it comes from all all these
• 13:00
  Speaker 5: different nations. We're seeing an uptick in it.
• 13:03
  Speaker 2: I mean, this sounds a lot like a dry run.
• 13:06
  Speaker 2: That's what's probably so concerning. But you combine that with
• 13:10
  Speaker 2: what they could be picking up with surveillance technology being
• 13:15
  Speaker 2: on these bases, what they can be learning about how
• 13:17
  Speaker 2: we fly missions, how we're doing our drops with men.
• 13:21
  Speaker 2: You look at eighty second Airborne, I mean it's kind
• 13:24
  Speaker 2: of important. It's right there. Freedom for BRAGG and they
• 13:28
  Speaker 2: could be watching, monitoring, seeing everything they need to know
• 13:32
  Speaker 2: about the US military because they're buying up farm wind
• 13:35
  Speaker 2: and no one seems to be paying attention to Biden administration.
• 13:39
  Speaker 3: They're sending Chinese nationals day after day after day to
• 13:42
  Speaker 3: these bases trying to make incursions here. Listen to Admiral
• 13:45
  Speaker 3: Kottele discuss that as well.
• 13:46
  Speaker 1: How do you overcome that?
• 13:48
  Speaker 5: Well, you know, we are improving our capabilities to detect that,
• 13:51
  Speaker 5: to defend against that, to make sure that our folks
• 13:54
  Speaker 5: are trained to actually counter that. I do this under
• 13:57
  Speaker 5: my authorities from a US and Northern Command as the
• 14:00
  Speaker 5: component commander for that, and so I have great reporting
• 14:03
  Speaker 5: on it. And generally, in general, we believe it's mostly
• 14:06
  Speaker 5: just folks with drones that you buy them commercially, you know,
• 14:09
  Speaker 5: from Amazon or whatever the case may be. But it's
• 14:12
  Speaker 5: hard to differentiate between that and a nation state trying
• 14:14
  Speaker 5: to shore ESPN.
• 14:15
  Speaker 4: I'm sure, and you've got to do a lot of
• 14:16
  Speaker 4: investigative work to figure out that answer.
• 14:18
  Speaker 1: Absolutely.
• 14:19
  Speaker 2: I mean, you listen to drone issue. We've all seen drones,
• 14:21
  Speaker 2: We've seen how popular they become. But this is great
• 14:25
  Speaker 2: cover for the Chinese, right, Oh, there's a bunch of
• 14:27
  Speaker 2: flying around drones. Maybe we can sneak one out every
• 14:30
  Speaker 2: twenty in and we can claim ignorance here, yet in
• 14:33
  Speaker 2: reality we're getting incredible intelligence. So my question for you
• 14:37
  Speaker 2: is this, is it the job of the president to
• 14:41
  Speaker 2: change or advocate or support laws that say you can't
• 14:44
  Speaker 2: buy up military you know, land around military bases or
• 14:48
  Speaker 2: does this fall the states? We've seen that happen in Arkansas,
• 14:51
  Speaker 2: for example, with Governor Huckabe there. She has now said
• 14:54
  Speaker 2: you can't buy up land, Chinese can't come in here
• 14:56
  Speaker 2: and buy up a bunch of land. Or is it
• 14:58
  Speaker 2: a two prong approach that we need.
• 15:00
  Speaker 3: So it's principally the federal government that has the responsibility
• 15:03
  Speaker 3: here to safeguard our federal military basis. We need to
• 15:06
  Speaker 3: do much more. I think the most effective method would
• 15:09
  Speaker 3: be expanding the jurisdiction of the Committee on Foreign Investment
• 15:13
  Speaker 3: in the United States. It's what's called Scifius, and scifious
• 15:17
  Speaker 3: jurisdiction right now over real estate investments is very limited.
• 15:21
  Speaker 3: And what it was, the Sifius regime was designed to
• 15:25
  Speaker 3: counter foreign investments in US businesses, and so for certain
• 15:29
  Speaker 3: critical US businesses, a foreign actor has to get approval
• 15:33
  Speaker 3: from the Sifius Committee to be able to make that investment. Currently,
• 15:37
  Speaker 3: sifia's jurisdiction for real estate purchases depends on the proximity
• 15:42
  Speaker 3: of that land to sensitive facilities, and that proximity varies
• 15:46
  Speaker 3: depending on the category of sensitivity for each facility. So,
• 15:49
  Speaker 3: for example, last year, SIFIUS reviewed a controversial purchase of
• 15:54
  Speaker 3: three hundred and seventy acres near a North Dakota Air
• 15:57
  Speaker 3: Force Base by a Chinese company. If he has found
• 16:01
  Speaker 3: that it didn't have jurisdiction because the land was twelve
• 16:04
  Speaker 3: miles out from the base and the base sensitivity was
• 16:07
  Speaker 3: too low to provide jurisdiction twelve miles out. I've introduced
• 16:12
  Speaker 3: legislation called the Protecting Military Installation and Ranges Act that
• 16:16
  Speaker 3: would expand sifius jurisdiction for real estate investments by foreign
• 16:20
  Speaker 3: persons out to one hundred miles from any military installation.
• 16:26
  Speaker 3: And and by the way, America is a pretty big country.
• 16:29
  Speaker 3: One hundred miles does not seem that extreme. No, when
• 16:32
  Speaker 3: you're doing national security, I think this is a common
• 16:35
  Speaker 3: sense provision. We need to get Democrats who are willing
• 16:39
  Speaker 3: to work together on this, who recognize this is a
• 16:42
  Speaker 3: national security threat. You know, I'll point out that. So
• 16:46
  Speaker 3: I've introduced that bill in the last three Congresses. I
• 16:49
  Speaker 3: fought for that bill to be included in the National
• 16:51
  Speaker 3: Defense Authorization Act, so far unsuccessfully.
• 16:55
  Speaker 2: I had any Democrats in any of these states where
• 16:58
  Speaker 2: this has happened. They've said, hey, centered Cruise were on
• 17:01
  Speaker 2: the same page here.
• 17:03
  Speaker 3: So what I was able to get in was in
• 17:05
  Speaker 3: the Fiscal Year twenty twenty one National Defense Authorization Act,
• 17:10
  Speaker 3: I drafted legislation that empowered the Site Clearing House to
• 17:16
  Speaker 3: conduct a more thorough review of wind farm construction near bases.
• 17:20
  Speaker 3: As I said, we have this problem. We have this
• 17:23
  Speaker 3: problem with Laflin and Air Force Base, we have the
• 17:25
  Speaker 3: problem at Corpus Christie, and pilot training operations at Laflin,
• 17:29
  Speaker 3: at Dayas, at Goodfellow, at Kingsville, and Corpus Christie have
• 17:33
  Speaker 3: all been threatened by a growing number of wind farms
• 17:36
  Speaker 3: in South Texas and West Texas. So I drafted legislation
• 17:40
  Speaker 3: that was passed into law to put added protections to say, look,
• 17:43
  Speaker 3: you're not going to put windmills up in a way
• 17:46
  Speaker 3: that significantly harm the ability of training our pilots. That
• 17:50
  Speaker 3: if you're taking away major routes that we're using for training.
• 17:55
  Speaker 3: That's not an appropriate place to put a windmill, and
• 17:57
  Speaker 3: so we've had some progress in that regard, but frankly,
• 18:00
  Speaker 3: we need to do a lot more. If the president
• 18:03
  Speaker 3: wasn't a wall, a president should lead on this. I
• 18:07
  Speaker 3: feel confident if Trump is re elected, I'll work directly
• 18:10
  Speaker 3: with President Trump and we will get legislation enacted to addressed,
• 18:15
  Speaker 3: address and stop this problem. But with the Biden administration
• 18:19
  Speaker 3: is just completely disengaged from it.
• 18:22
  Speaker 2: How much of this is just their ignorance to the
• 18:24
  Speaker 2: issue and not caring how much of this could be
• 18:26
  Speaker 2: compromised because of all the deals they've done in the
• 18:28
  Speaker 2: millions of coming to the Biden family directly from China.
• 18:32
  Speaker 2: How much of this is us just to sleep at
• 18:34
  Speaker 2: the wheel with a pre nine to eleven s mentality
• 18:37
  Speaker 2: right where you don't think that that really anything bad
• 18:40
  Speaker 2: is going to happen where, and then all of a
• 18:42
  Speaker 2: sudden you trace it back and it's like, Yeah, they
• 18:43
  Speaker 2: surrounded all of our bases. They knew what we were doing,
• 18:45
  Speaker 2: they understood our technology, they were stealing it from us.
• 18:48
  Speaker 2: This is the stuff that keeps me up at night
• 18:52
  Speaker 2: thinking about we're seeing the warning, we're witnessing the Landing purchase,
• 18:56
  Speaker 2: and we're still not doing anything.
• 18:58
  Speaker 3: So it's some of all of that, and that there's
• 19:01
  Speaker 3: an element of just apathy and ignorance, but there's also
• 19:07
  Speaker 3: We've talked before about how I think today's Democrat Party
• 19:10
  Speaker 3: is structurally pro China. That they're major stakeholders, big business,
• 19:16
  Speaker 3: big tech, big Hollywood, big universities, They're all in bed
• 19:19
  Speaker 3: with China. So today's Democrat Party is not focused on
• 19:23
  Speaker 3: standing up to China. And this is one of the
• 19:25
  Speaker 3: consequences I think really of having a Democrat majority in
• 19:29
  Speaker 3: the Senate is that you're unable to drive an agenda.
• 19:31
  Speaker 3: With a Republican majority in the Senate, we can drive
• 19:34
  Speaker 3: an agenda far more effectively and listen, it is hard
• 19:38
  Speaker 3: for Democrats to vote no on common sense protections that
• 19:42
  Speaker 3: would stand up on this, but as long as the
• 19:44
  Speaker 3: Democrats are in charge, they just avoid the votes altogether.
• 19:47
  Speaker 3: So I think this is one of the real consequences.
• 19:49
  Speaker 3: I believe if in November we have a Republican president, Senate,
• 19:53
  Speaker 3: and House, we will pass legislation. Hopefully my legislation that
• 19:57
  Speaker 3: I've introduced the last three congresses, we get that passed,
• 20:00
  Speaker 3: which would be a big, big step to solving this problem.
• 20:03
  Speaker 1: Final question this we have a president of debate coming
• 20:05
  Speaker 1: up this week.
• 20:06
  Speaker 2: Yeah, I have no doubt in my mind seeing and
• 20:08
  Speaker 2: it's not going to bring up this type of issue.
• 20:11
  Speaker 2: Is this where a candidate should take the opportunity to
• 20:14
  Speaker 2: bring it up? Is this where Donald Trump should take
• 20:16
  Speaker 2: a moment and talk about, Hey, mister president, we've got
• 20:20
  Speaker 2: this problem. We have bases that are being surrounded. Is
• 20:23
  Speaker 2: that a moment that he should take and bring this
• 20:26
  Speaker 2: issue to the people.
• 20:27
  Speaker 3: You know he could. I would be surprised if Trump
• 20:30
  Speaker 3: puts a lot of time and energy into this, because, frankly,
• 20:33
  Speaker 3: this was a problem when Trump was president.
• 20:34
  Speaker 1: Too, so Biden spanned it.
• 20:36
  Speaker 3: Biden could push back and say, well, you didn't stop it,
• 20:39
  Speaker 3: and he's right, Trump didn't stop it. It's gotten worse
• 20:43
  Speaker 3: under Biden, and I'm confident Trump will stop it the
• 20:46
  Speaker 3: next time around. But I don't of all of the
• 20:49
  Speaker 3: national security areas to draw distinction, I don't.
• 20:53
  Speaker 1: Know that I would put this at the top of
• 20:55
  Speaker 1: the list.
• 20:55
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• 22:29
  Speaker 2: move on to another subject, and it's also a really
• 22:31
  Speaker 2: important one and it deals with Alvin Bragg. We saw
• 22:36
  Speaker 2: the radicals shut down universities, occupy universes, become violent, storm
• 22:42
  Speaker 2: buildings and take them over. We saw some of them
• 22:46
  Speaker 2: actually be drug out and be held accountable for their actions.
• 22:50
  Speaker 2: Alvin Bragg, we now find out, I'm not surprised you
• 22:53
  Speaker 2: said it earlier.
• 22:54
  Speaker 1: You're not surprised at all.
• 22:56
  Speaker 2: Is now basically walked in and clean the slate for
• 22:58
  Speaker 2: these criminals. He's dropped the criminal charges against these pro
• 23:02
  Speaker 2: Hamas extremists. Is there going to be any accountability for
• 23:06
  Speaker 2: this or is this just the Democratic Party, This is
• 23:08
  Speaker 2: Alvin Bragg, this is the Sorus agenda.
• 23:11
  Speaker 3: Look sadly, this is the base of today's Democrat Party
• 23:15
  Speaker 3: when you look at those vicious anti Semites, those angry
• 23:19
  Speaker 3: young people on college campuses, that hate Israel, that love Hamas,
• 23:23
  Speaker 3: that are threatening Jewish students, that are chanting horrible Nazi slogans,
• 23:29
  Speaker 3: telling Jews literally, as they said in the University of Washington,
• 23:32
  Speaker 3: go back to the Ovens. That was a verbatim quote,
• 23:36
  Speaker 3: chanting we love Hamas. As they did at Columbia, that
• 23:39
  Speaker 3: was a verbatim quote. We're living in an environment where
• 23:43
  Speaker 3: today's Democrat Party wants the votes of these radicals, and
• 23:47
  Speaker 3: so at Columbia it got so bad that the NYPD
• 23:50
  Speaker 3: went in and arrested a number of people, arrested forty
• 23:53
  Speaker 3: six defendants. Well this week thirty one of them had
• 23:56
  Speaker 3: their charges dropped and dropped by Alvin Bragg. That's same
• 24:00
  Speaker 3: hard left George Soros. Da Soros put millions behind electing
• 24:05
  Speaker 3: Alvin Bragg. Alvin Bragg came in on an agenda two
• 24:07
  Speaker 3: part agenda. Number one, I will get Donald Trump, That's
• 24:11
  Speaker 3: what he campaigned on. And number two, I will let
• 24:14
  Speaker 3: criminals go. George Soros, DA's across the country come in
• 24:19
  Speaker 3: on the promise to let murderers go, to let rapists go,
• 24:22
  Speaker 3: not to lock violent criminals up, to let them go.
• 24:25
  Speaker 3: And you know what, I'll say this, Bragg is honoring
• 24:28
  Speaker 3: his promises.
• 24:29
  Speaker 2: It's the promises that he made. But I even think
• 24:32
  Speaker 2: many Americans saw this. And in New York you're seeing
• 24:35
  Speaker 2: crime out of control. You were just there. I was there.
• 24:38
  Speaker 2: It is starting to feel like a different city than
• 24:40
  Speaker 2: it did four or five, six years ago. And you
• 24:43
  Speaker 2: can see it in areas that are very populard. You
• 24:45
  Speaker 2: can see it in the crimes that we've seen committed,
• 24:47
  Speaker 2: even at Times Square. You see so many problems that
• 24:51
  Speaker 2: are happening. And at what point do the American people
• 24:53
  Speaker 2: turn and say enough is enough? Like if you look
• 24:56
  Speaker 2: at what they were doing on these college campuses in
• 24:59
  Speaker 2: New York City and the violence in taking over, I
• 25:03
  Speaker 2: would assume a lot of New Yorkers would say this
• 25:05
  Speaker 2: is not okay.
• 25:07
  Speaker 3: You would assume that, But there are consequences when you
• 25:10
  Speaker 3: elect democrats. I will say one of the talking points
• 25:13
  Speaker 3: you see among some Democrats as well, this is terrible,
• 25:15
  Speaker 3: what's happening at campuses, but there's nothing we can do
• 25:18
  Speaker 3: about it. And let's be clear. This is happening in
• 25:22
  Speaker 3: New York. This is happening in Connecticut. This is happening
• 25:25
  Speaker 3: in Pennsylvania. This is happening in New Jersey. This is
• 25:28
  Speaker 3: happening in Massachusetts. This is happening in Illinois. This is
• 25:32
  Speaker 3: happening in Washington State. This is happening in California. This
• 25:37
  Speaker 3: happens in blue states that elect Democrats and put Democrats
• 25:42
  Speaker 3: in charge. And when you elect Democrats and put Democrats
• 25:44
  Speaker 3: in charge when there are radicals who hate Israel, who
• 25:47
  Speaker 3: are threatening Jewish students and chanting for Hamas, the Democrats
• 25:51
  Speaker 3: you elected and put in charge, they support the radicals
• 25:55
  Speaker 3: and they refuse to prosecute them. You know what, you
• 25:58
  Speaker 3: do that in Texas, you do that, in Florida, you
• 26:01
  Speaker 3: do that, in Georgia. You do that in Alabama. You
• 26:05
  Speaker 3: will be arrested and you will be prosecuted. There is
• 26:08
  Speaker 3: a consequence if you elect Republicans who actually believe in
• 26:12
  Speaker 3: prosecuting criminals. You're not seeing Jewish students being threatened. You're
• 26:17
  Speaker 3: not seeing Jewish students afraid to go to class. You know,
• 26:21
  Speaker 3: Texas A and M. I was just at Texas A
• 26:24
  Speaker 3: and M a week ago for the George Strait concert,
• 26:26
  Speaker 3: which was phenomenal. By the way, what an amazing.
• 26:28
  Speaker 2: Concert attendance record, which is pretty cool, and you were
• 26:31
  Speaker 2: one of them.
• 26:32
  Speaker 3: It was the largest concert in America in US history,
• 26:36
  Speaker 3: one hundred and ten, nine hundred and five people. It
• 26:40
  Speaker 3: was phenomenal. It's also the largest crowd ever at Kyle Field.
• 26:43
  Speaker 3: Because you think about it a football game, they don't
• 26:45
  Speaker 3: have people on the field, so you had the field
• 26:48
  Speaker 3: full of chairs. Also, it was a packed crowd. You
• 26:51
  Speaker 3: know what, Jewish students at A and M aren't afraid
• 26:53
  Speaker 3: for their safety because if there's a Prohamas terrorist who
• 26:57
  Speaker 3: threatens them, they'll arrest him and they'll throw him out
• 26:59
  Speaker 3: of seat.
• 27:01
  Speaker 2: When you look at what this prosecutor has done here
• 27:04
  Speaker 2: and the others, part of it goes even to a
• 27:06
  Speaker 2: bigger plan from Soros, and I think Americans need to
• 27:09
  Speaker 2: understand this. It's about bail reform, prison reform, which means
• 27:13
  Speaker 2: letting out violent criminals who are currently in prison, and
• 27:17
  Speaker 2: it's about having driving the police and saying if you
• 27:20
  Speaker 2: can't defund the police, you at least drive them to
• 27:23
  Speaker 2: insanity where they just quit. Major cities now are watching
• 27:27
  Speaker 2: experienced police officers walk off the job, leave and go
• 27:31
  Speaker 2: to other departments or get out of the field altogether,
• 27:33
  Speaker 2: because they're risking their lives to lock people up and
• 27:35
  Speaker 2: then Alvin Bragg immediately sets them free before they've even
• 27:38
  Speaker 2: finished the paperwork. That's part of the bigger world of
• 27:41
  Speaker 2: Alvin Bragg and Soros that they're trying to create, which
• 27:45
  Speaker 2: is chaos, organized and design to make the police just
• 27:48
  Speaker 2: say I'm done.
• 27:50
  Speaker 3: There are two ways you abolish the police. One you
• 27:53
  Speaker 3: do it directly. You take over the city government, you
• 27:55
  Speaker 3: take over whoever the controlling governmental lanity is, and you
• 27:59
  Speaker 3: shut You do fund the police, you cut off the money,
• 28:01
  Speaker 3: you fire the police officers. That's what we've seen the
• 28:04
  Speaker 3: radical left do. We saw the NYPD cut over a
• 28:07
  Speaker 3: billion dollars from their budget. Sadly, we saw the Austin
• 28:10
  Speaker 3: Police Department here in Texas cut one hundred and fifty
• 28:13
  Speaker 3: million dollars from its police budget. We saw Minneapolis do that.
• 28:17
  Speaker 3: By the way, every time they do that, the crime
• 28:19
  Speaker 3: rates go up, the murder rates go up.
• 28:20
  Speaker 1: Amazing.
• 28:21
  Speaker 3: When you pull cops off the street, more people die.
• 28:24
  Speaker 3: But the other way, you abolish the police is you
• 28:26
  Speaker 3: go after the das you elected George Soros DA, and
• 28:30
  Speaker 3: the cops can do anything they want. They can catch
• 28:32
  Speaker 3: the murderers, they can catch the rapists, and the DA
• 28:34
  Speaker 3: turns around and says, nope, I'm gonna let them go.
• 28:38
  Speaker 3: And that is functionally the same thing. The cops cannot
• 28:42
  Speaker 3: do their jobs without a DA who will prosecute. By
• 28:46
  Speaker 3: the way, just this past week we had actually we
• 28:49
  Speaker 3: talked about it in this last podcast, a judicial nominee
• 28:53
  Speaker 3: from Joe Biden nominated to the Federal Court of Appeals,
• 28:56
  Speaker 3: who had done volunteer work for a communist organization in
• 29:01
  Speaker 3: Tennessee that it vocally called for abolishing ice, abolishing the police,
• 29:07
  Speaker 3: and the Biden administration wants her to be a Court
• 29:09
  Speaker 3: of Appeals judge because, by the way, another way to
• 29:12
  Speaker 3: abolish the police is put judges on the bench that
• 29:15
  Speaker 3: just order criminals released free. This is all about, at
• 29:19
  Speaker 3: the end of the day, this is about expanding chaos.
• 29:23
  Speaker 3: This is about destroying American society. I genuinely do not understand.
• 29:30
  Speaker 3: I don't know how to. You know, look, in any debate,
• 29:34
  Speaker 3: one tries to stand in the shoes of the person
• 29:37
  Speaker 3: you're arguing you try to understand, Okay, why why would
• 29:41
  Speaker 3: someone think that? Look, you and I are both pro life.
• 29:44
  Speaker 3: We can both understand why someone would be pro choice.
• 29:47
  Speaker 3: There are arguments you could understand why, in good faith
• 29:50
  Speaker 3: someone would get there. There are lots of arguments. You
• 29:53
  Speaker 3: and I both think we should have low taxes. We
• 29:55
  Speaker 3: can understand the arguments why you want the rich to
• 29:58
  Speaker 3: pay bigger chunk like. Those arguments are not irrational. I
• 30:04
  Speaker 3: am genuinely incapable of articulating the reasons why anyone would
• 30:10
  Speaker 3: want to release more murderers to say the world would
• 30:16
  Speaker 3: be better if more murderers, more rapists, more child molesters
• 30:19
  Speaker 3: were on the street and out there murdering more people,
• 30:23
  Speaker 3: raping more people, molesting more kids. I'm trying to give
• 30:28
  Speaker 3: the benefit of the doubt, but I know of no
• 30:30
  Speaker 3: reason to support that other than that you want to
• 30:32
  Speaker 3: destroy society. Yeah, am I wrong? Can you get I mean,
• 30:37
  Speaker 3: play Devil's advocate for a minute. Give me the argument
• 30:40
  Speaker 3: why you're Alvin Bragg and you think the world would
• 30:43
  Speaker 3: be better with more murderers on the street.
• 30:45
  Speaker 2: There's not a logical argument there. And I think this
• 30:47
  Speaker 2: is where it's about remaking this country. And it's about
• 30:50
  Speaker 2: fundamentally changing this country, changing what law and order is.
• 30:54
  Speaker 2: There's no longer right and wrong, there's no longer good
• 30:56
  Speaker 2: and evil. There's no longer a society that's rule by
• 31:01
  Speaker 2: laws that are applied equally. This is about some sort
• 31:04
  Speaker 2: of new type of country. I think they want to develop.
• 31:07
  Speaker 2: But I also think some of this is just I
• 31:10
  Speaker 2: think they look as revenge.
• 31:11
  Speaker 3: Well, and listen, all law enforcement becomes political. And here
• 31:15
  Speaker 3: I want you to watch and listen to a really
• 31:17
  Speaker 3: extraordinary exchange that just happened. And it's an exchange between
• 31:23
  Speaker 3: Bill Maher, Yeah, and Andrew Cuomo, former governor of New York,
• 31:29
  Speaker 3: former Attorney General of New York. Here, give a lesson,
• 31:32
  Speaker 3: Give a watch.
• 31:33
  Speaker 6: The trial in New York, the one he got convicted for,
• 31:38
  Speaker 6: was the greatest fundraising bonanza ever he is now he
• 31:41
  Speaker 6: was lagging behind Biden, and now he's pulled quite a
• 31:43
  Speaker 6: bit ahead. That trial was the greatest reason people had
• 31:48
  Speaker 6: to send their checks for five, ten, twenty five whatever
• 31:52
  Speaker 6: dollars to Donald Trump. So I was always with you
• 31:55
  Speaker 6: on the one in New York, the hush money trial.
• 31:57
  Speaker 6: I don't think they should have brought that one, it
• 31:59
  Speaker 6: was just he's going to look like a sex case,
• 32:02
  Speaker 6: and people were always just going to look at it
• 32:03
  Speaker 6: that way.
• 32:05
  Speaker 2: So and in that.
• 32:05
  Speaker 7: Case, the attorney general's case in New York, frankly should
• 32:08
  Speaker 7: have never been brought. And if his name was not
• 32:11
  Speaker 7: Donald Trump, any if he wasn't running for president, I'm
• 32:14
  Speaker 7: the former aging in New York. I'm telling you that
• 32:16
  Speaker 7: case would have never been brought. And that's what is
• 32:19
  Speaker 7: offensive to people, and it should be because if there's
• 32:24
  Speaker 7: anything left, it's belief in the justices.
• 32:27
  Speaker 2: Go after Trump, but everyone else, it's an actual hardcore
• 32:30
  Speaker 2: criminal in New York City.
• 32:31
  Speaker 1: Let him walk.
• 32:32
  Speaker 3: Look, look, I got to say that is the first
• 32:34
  Speaker 3: time in my life that I've ever been quoted by
• 32:38
  Speaker 3: Andrew Cuoma, because on this podcast, I've said multiple times
• 32:42
  Speaker 3: this case would never have been brought if his name
• 32:44
  Speaker 3: were not Donald Trump. And it's indisputably correct. And look,
• 32:49
  Speaker 3: Cuoma was governor, he was attorney general. He is obviously
• 32:51
  Speaker 3: a partisan Democrat. And interesting enough, he was not just
• 32:55
  Speaker 3: addressing he was addressing the Alvin Bragg case, but he
• 32:57
  Speaker 3: was also addressing the Letitia James case, the case, the
• 33:00
  Speaker 3: ridiculous case with the wildly partisan judge who went after
• 33:04
  Speaker 3: and is trying to get a half billion dollars out
• 33:07
  Speaker 3: of Trump to destroy his business. Both of those cases
• 33:11
  Speaker 3: were vindictive. Both of those cases are legally frivolous. Both
• 33:14
  Speaker 3: of those cases will be overturned on appeal, and they
• 33:17
  Speaker 3: were all about the weaponization of justice. Look, I'm gonna say,
• 33:21
  Speaker 3: I'm gonna give credit to both Bill Maher and to Cuomo.
• 33:25
  Speaker 3: They're both Democrats, They're both outspoken Democrats, and they are
• 33:28
  Speaker 3: among the very first to actually have the guts to
• 33:32
  Speaker 3: call this out for what it is. That's a big deal. Listen,
• 33:36
  Speaker 3: if Cuomo is willing to say it, you know what,
• 33:38
  Speaker 3: there are a lot of other people who see it,
• 33:40
  Speaker 3: even if they're scared to say it out loud, they
• 33:42
  Speaker 3: can tell just how political, just how much garbage this is.
• 33:46
  Speaker 1: It brings us to story number three.
• 33:48
  Speaker 2: It's an important one, and that's the unlawful appointment argument
• 33:52
  Speaker 2: that's been made about the special counsel.
• 33:54
  Speaker 1: Jack Smith.
• 33:56
  Speaker 2: I want you to walk us through this because it
• 33:58
  Speaker 2: is complicated, and I want you to make the argument
• 34:03
  Speaker 2: that is, why is there a possibility that this may work?
• 34:07
  Speaker 2: For Trump's legal team, they're the ones that are basically
• 34:10
  Speaker 2: raising the argument about this special the unlawful appointment of
• 34:14
  Speaker 2: Jack Smith. Walk us through the argument that his legal
• 34:17
  Speaker 2: team is making and why they're making it.
• 34:19
  Speaker 3: Now, Well, let me start by watch and listen to
• 34:24
  Speaker 3: how it was laid out in a TV interview with
• 34:27
  Speaker 3: any McCarthy, and then we'll talk about it as soon
• 34:29
  Speaker 3: as we listen to this.
• 34:30
  Speaker 4: Well, Jackie, I think it's deceptive coverage. The difference between
• 34:34
  Speaker 4: the issue about Smith's status that's been raised in this
• 34:38
  Speaker 4: case that distinguishes it from other cases is that prior
• 34:42
  Speaker 4: independent councils were appointed under a Congressional statute. This independent council,
• 34:49
  Speaker 4: Jack Smith, has been appointed under a Justice Department regulation.
• 34:53
  Speaker 4: And what the Constitution says is that when you're talking
• 34:56
  Speaker 4: about an officer of the United States carrying out these
• 34:58
  Speaker 4: kinds of duties, either the person has to be nominated
• 35:03
  Speaker 4: by the President and confirmed by the Senate, or has
• 35:06
  Speaker 4: to occupy a position that Congress has established by law.
• 35:10
  Speaker 4: So this actually is a pretty novel and important argument,
• 35:15
  Speaker 4: which is why people like former Attorneys General Edwin mess
• 35:19
  Speaker 4: and Michael Mukasey have filed briefs saying that Smith doesn't
• 35:23
  Speaker 4: have adequate legal constitutional basis to proceed with this case.
• 35:28
  Speaker 4: It's not at all a frivolous argument, and I think
• 35:31
  Speaker 4: the wrap on Judge Cannon is just ridiculous. This is
• 35:35
  Speaker 4: a classified information case. They're very hard to get to trial.
• 35:40
  Speaker 4: She could have satisfied the media and said, you know,
• 35:42
  Speaker 4: we'll have an August first trial date that everyone would
• 35:45
  Speaker 4: have known was illusory. Instead, she's trying to move through
• 35:49
  Speaker 4: a massive pre trial work that has to be done
• 35:52
  Speaker 4: so that she can set a realistic trial date. And
• 35:55
  Speaker 4: for that she's being accused, I think, falsely of postponing
• 35:59
  Speaker 4: the case because she's trying to help Trump's electoral effort.
• 36:03
  Speaker 2: I want to ask you about Mees and these others
• 36:05
  Speaker 2: that have filed these amicus briefs, but before we do that,
• 36:07
  Speaker 2: I want to talk to you about our incredible organization
• 36:11
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• 36:15
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  Speaker 2: say the keyword baby to give today, Senator, I want
• 37:55
  Speaker 2: to get your reaction to the point he said about
• 37:57
  Speaker 2: these briefs that were filed. They're in important briefs that
• 38:01
  Speaker 2: are being filed, and yet for many Americans they can
• 38:04
  Speaker 2: still sound very overwhelming to understand.
• 38:08
  Speaker 1: So what's the goal here?
• 38:09
  Speaker 3: Yeah, and let me say, by the way, we just
• 38:11
  Speaker 3: played a clip for Mandy McCarthy. Andy's a good friend
• 38:13
  Speaker 3: of mine. One question I'd be interested from Verdict listeners.
• 38:18
  Speaker 3: We could certainly have Andy as a guest on this podcast.
• 38:21
  Speaker 3: We could also have law professor Jonathan Turley as a
• 38:23
  Speaker 3: guest on this podcast. Both of them I know very well.
• 38:26
  Speaker 3: So if y'all think those would be good guests to
• 38:28
  Speaker 3: have a detailed discussion about these issues, let us know
• 38:32
  Speaker 3: on Twitter, let us know, reach out to Ben and
• 38:35
  Speaker 3: me and let us know and either of both of
• 38:37
  Speaker 3: them we could have on and it could be a
• 38:38
  Speaker 3: very interesting discussion.
• 38:41
  Speaker 1: Listen.
• 38:41
  Speaker 3: So, the judge in Florida has set an oral argument
• 38:45
  Speaker 3: on the question of whether Jack Smith's appointment is legal
• 38:47
  Speaker 3: and constitutional, and that's going to be argued by Gene
• 38:50
  Speaker 3: Chaer and Josh Blackman. Josh Blackman is a law professor.
• 38:54
  Speaker 3: Gen Chaer is a very very well respected Supreme Court litigator,
• 39:00
  Speaker 3: shares the name partner and share Jaffy. Jaffe is Eric Jaffey,
• 39:04
  Speaker 3: who clerked with me. He was a Clarence Thomas clerk
• 39:06
  Speaker 3: the same year I clerk for Chief Justice Renquist. I've
• 39:09
  Speaker 3: known both of them a very very long time ed
• 39:12
  Speaker 3: mess former Attorney General is who has brought brought this
• 39:16
  Speaker 3: argument as filed an amicus brief arguing that Jack Smith
• 39:21
  Speaker 3: is not appointed legally, and the argument. First of all,
• 39:23
  Speaker 3: they say, there's no federal statute that establishes an office
• 39:28
  Speaker 3: of special Counsel in an Apartment of Justice, so there's
• 39:31
  Speaker 3: not a statutory basis for creating this role. Secondly, they
• 39:37
  Speaker 3: argue that even if you ignore that there isn't a statute,
• 39:41
  Speaker 3: there is also no statute authorizing the Attorney General, rather
• 39:45
  Speaker 3: than the President, with the advice and consent of the Senate,
• 39:48
  Speaker 3: to appoint such a special counsel. The special counsel, the
• 39:52
  Speaker 3: way it's structured right now, has more power than any
• 39:56
  Speaker 3: of the ninety four US attorneys who prosecute cases across
• 39:59
  Speaker 3: the count So all across the country, they're ninety four
• 40:02
  Speaker 3: US attorneys. Every single one of them has been nominated
• 40:05
  Speaker 3: by the President of the United States, and every single
• 40:07
  Speaker 3: one of them has been confirmed by the Senate. That's
• 40:10
  Speaker 3: the structure. When you have a prosecutor with that level
• 40:13
  Speaker 3: of power, you go through the checks and balances. Well,
• 40:16
  Speaker 3: Jack Smith was not confirmed by the Senate, and their
• 40:19
  Speaker 3: authority is limited to the jurisdictions where they're appointed. So
• 40:24
  Speaker 3: if you are confirmed to be the US Attorney in
• 40:26
  Speaker 3: the Southern District of New York, you can't prosecute someone
• 40:29
  Speaker 3: in California. You don't have the authority to bring any
• 40:31
  Speaker 3: case outside of whatever district you're confirmed to. Jack Smith
• 40:39
  Speaker 3: has nationwide authority to pursue his prosecutions anywhere in the
• 40:42
  Speaker 3: country he wants, and he's indicted Trump in two separate jurisdictions,
• 40:46
  Speaker 3: in DC and in Florida. He was not nominated by
• 40:50
  Speaker 3: the President, he was not confirmed by the Senate, and
• 40:54
  Speaker 3: that the amaicust brief argues violates the requirements of the Constitution.
• 40:58
  Speaker 3: General mess also acknowledges quote there are times when the
• 41:03
  Speaker 3: appointment of a special Council is appropriate, but federal statutes
• 41:08
  Speaker 3: in the Constitution only allow such appointments through the use
• 41:12
  Speaker 3: of existing United States Attorney so it's worth noting there
• 41:15
  Speaker 3: have been other special councils, but they were sitting US attorneys. So,
• 41:19
  Speaker 3: for example, Patrick Fitzgerald was appointed as a Special council,
• 41:23
  Speaker 3: he was a sitting US attorney. Rod Rosenstein was appointed
• 41:27
  Speaker 3: as a Special council. He was a sitting US attorney.
• 41:29
  Speaker 3: John Huber was appointed as a Special Council. He was
• 41:32
  Speaker 3: a sitting US attorney. John Durham was appointed as a
• 41:35
  Speaker 3: special council. He was a sitting US attorney. Every one
• 41:38
  Speaker 3: of them had been nominated by the President, had been
• 41:41
  Speaker 3: confirmed by the Senate at the time of their appointments.
• 41:45
  Speaker 3: And so what they argue is you can't just make
• 41:48
  Speaker 3: an appointment as Attorney General and create a roving US
• 41:52
  Speaker 3: attorney with national authority greater than any US attorney without
• 41:57
  Speaker 3: the Senate having the right to engage in advice and consent.
• 42:03
  Speaker 3: That argument.
• 42:04
  Speaker 1: Is that a legitimate argument?
• 42:06
  Speaker 2: I mean, you're obviously a guy that did this for
• 42:08
  Speaker 2: a very long time in that role, is a is
• 42:10
  Speaker 2: a lawyer. So the question I ask you is, when
• 42:13
  Speaker 2: you hear this argument, you see names like me, some
• 42:16
  Speaker 2: and others that are getting involved, and you hear the
• 42:18
  Speaker 2: argument you're making, is it a legitimate one.
• 42:21
  Speaker 3: It's a real argument and a serious argument. It doesn't
• 42:23
  Speaker 3: mean it will necessarily prevail, doesn't mean it'll be a
• 42:26
  Speaker 3: slam dunk. There are real arguments on the other side.
• 42:29
  Speaker 3: But look, I think there is a possibility this argument prevails.
• 42:34
  Speaker 3: There's a long history dealing with special counsels, and before that,
• 42:38
  Speaker 3: there was there was something called the Independent Council. There
• 42:41
  Speaker 3: was a statute that allowed independent counsels to be appointed,
• 42:44
  Speaker 3: and that was created by Congress. So you'll recall Ken
• 42:47
  Speaker 3: Starr was appointed as an independent counsel to prosecute Bill Clinton. Yeah,
• 42:54
  Speaker 3: and at the time, so there was there was a
• 42:56
  Speaker 3: case that was brought challenging the constitutionality of the d
• 43:00
  Speaker 3: Penit Council Statute. It was a case called Morrison versus Olsen.
• 43:03
  Speaker 3: The Olson was Ted Olsen, who at the time was
• 43:07
  Speaker 3: the head of the Office Legal Council in the Department
• 43:09
  Speaker 3: of Justice. He later became the Solicitor General of the
• 43:12
  Speaker 3: United States under George W.
• 43:14
  Speaker 1: Bush.
• 43:15
  Speaker 3: Ted is a good friend. That case went to the
• 43:18
  Speaker 3: Supreme Court and eight to one the Supreme Court upheld
• 43:21
  Speaker 3: the constitutionality of the Independent Council statute. The dissent was
• 43:26
  Speaker 3: authored by Justice Scalia and Justice Scalia laid out an
• 43:29
  Speaker 3: argument why having an independent Council who was not subject
• 43:34
  Speaker 3: to the authority of the Attorney General, not subject to
• 43:37
  Speaker 3: the authority of the President is contrary to Article two
• 43:40
  Speaker 3: of the Constitution and exceptionally dangerous. What's interesting is the
• 43:46
  Speaker 3: view of Scalia's descent a loan descent eight one. I
• 43:49
  Speaker 3: think has been vindicated over the years, and over the decades,
• 43:52
  Speaker 3: more and more people realized Scalia made some very effective points,
• 43:56
  Speaker 3: so much so that when the Independent Council's Statute expired,
• 44:01
  Speaker 3: so it was written so it would expire. I don't
• 44:03
  Speaker 3: remember if it was ten years or twenty years, but
• 44:05
  Speaker 3: it had a date certain where it expired. When it expired,
• 44:10
  Speaker 3: Congress didn't reauthorize it, so it is no longer the law.
• 44:14
  Speaker 3: The Independent Council Statute is no longer the law, and
• 44:16
  Speaker 3: neither Democrats nor Republicans wanted to authorize it. I think
• 44:20
  Speaker 3: Democrats were really unhappy with the job Ken Starr had
• 44:23
  Speaker 3: done going after Bill Clinton, so they didn't want that
• 44:26
  Speaker 3: to happen again. Republicans had seen it abused going after Republicans,
• 44:30
  Speaker 3: and so both parties said, let's let this statute expire,
• 44:34
  Speaker 3: which means you don't have a special statute authorizing Jack
• 44:39
  Speaker 3: Smith the way you would otherwise. So I think this
• 44:42
  Speaker 3: is a real argument. We'll see what Judge Cannon does,
• 44:44
  Speaker 3: but these are serious arguments that deserve to be considered
• 44:48
  Speaker 3: seriously on the mirror find out. I think we'll get
• 44:51
  Speaker 3: a decision relatively quickly. My suspicion is that we'll get
• 44:54
  Speaker 3: it within the next few months.
• 44:56
  Speaker 1: Best case scenario for Trump, what would that look like.
• 44:59
  Speaker 3: Well, if if Judge Cannon rules that Jack Smith is
• 45:02
  Speaker 3: illegally appointed, that he does not have the authority to
• 45:06
  Speaker 3: bring the case, that would that decision presumably would be appealed,
• 45:12
  Speaker 3: but that would permanently put on hold the case in Florida.
• 45:17
  Speaker 3: But it would have a naturally have an implication on
• 45:20
  Speaker 3: the DC case because Jack Smith is the prosecutor who's
• 45:23
  Speaker 3: brought the DC case as well. Now, technically speaking, the
• 45:27
  Speaker 3: DC judge would not be bound by the decision of
• 45:31
  Speaker 3: the Florida judge. Nonetheless, how those two interact, it would
• 45:35
  Speaker 3: become a major issue in every case, both cases being
• 45:38
  Speaker 3: brought by Jack Smith.
• 45:39
  Speaker 1: It's gonna be very interesting. We're going to cover it here.
• 45:41
  Speaker 1: We'll keep you updated. Don't forget.
• 45:42
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• 45:44
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• 46:07
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• 46:10
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• 46:12
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