Latest / The Ben Ferguson Podcast / Chipping Away at Democracy, LIVE at Yale University
Transcript
- 0:09Speaker 1: So much. This is great. This is so great because
- 0:13Speaker 1: a week ago there was a campaign from a liberal
- 0:17Speaker 1: student in the Yale Daily News. Maybe you saw it,
- 0:22Speaker 1: I don't know. There was a campaign to convince people
- 0:26Speaker 1: in the Yale community not to come to this event because,
- 0:29Speaker 1: you see, to come to this event tonight would legitimize
- 0:33Speaker 1: Cruise and Knoles, it would pose a threat to American
- 0:39Speaker 1: democracy and Senator. Here we are in a room full
- 0:43Speaker 1: of at least five hundred people, completely packed, live from
- 0:46Speaker 1: Yale University. This is Verdict with Ted Cruz. This episode
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- 3:20Speaker 1: a nish dot com slash cactus. I love Yale. This
- 3:27Speaker 1: is my alma mater. I love Yale. I don't know
- 3:30Speaker 1: if my alma mater loves me quite so much, but
- 3:33Speaker 1: I love it, and I'm so dismayed when I see
- 3:36Speaker 1: Yale at the forefront of shutting down speech. Just last week,
- 3:41Speaker 1: a Kristen Wagoner, a conservative lawyer, was shouted down at
- 3:44Speaker 1: Yale Law School. This is supposed to be the number
- 3:47Speaker 1: one law school in America. Someone actually said in the
- 3:50Speaker 1: room a Yale law student, I'll fight you, b I tch.
- 3:54Speaker 1: That's the kind of discourse we're seeing here. I remember
- 3:57Speaker 1: some years ago there was a gal we call her
- 4:00Speaker 1: Shrieking Girl, an undergraduate screaming at her professor saying, this
- 4:04Speaker 1: is not an intellectual space. This is supposed to be
- 4:07Speaker 1: a place of comfort and home for me. Senator, what's
- 4:10Speaker 1: going on in the IVY League. Well, Michael, I'm very
- 4:13Speaker 1: glad to see that they're teaching spelling at Yale. And
- 4:18Speaker 1: I will say, you know, it's it's you have been
- 4:21Speaker 1: longing to come back here for the two and a
- 4:23Speaker 1: half years we've been doing this podcast. We went on
- 4:26Speaker 1: the road. We did a campus tour last year, and
- 4:28Speaker 1: I have to say I still remember we were at
- 4:30Speaker 1: Catholic University in Washington, d C. And afterwards a student
- 4:34Speaker 1: comes up and ask you, Michael, to cite and to
- 4:39Speaker 1: recite rather Dante's Inferno in the original Italia. This is true.
- 4:45Speaker 1: This is two of you proceeded to do so almost
- 4:48Speaker 1: in three part harmony. And so my question is number one,
- 4:53Speaker 1: can you do it again? At number two? What are
- 4:55Speaker 1: the students at Yale going to ask you today, Senator?
- 4:57Speaker 1: When I was an undergrad graduate here and I was
- 5:00Speaker 1: a single man, I had to let it's hard to believe.
- 5:05Speaker 1: I had to learn some Italian poetry because look, I
- 5:09Speaker 1: wasn't on the football team. Okay, I didn't have It
- 5:12Speaker 1: was the best I could. Yale has a football team,
- 5:16Speaker 1: all right, I had to get something the football tea. Guys,
- 5:21Speaker 1: they're the only conservatives at the whole school. So all right,
- 5:25Speaker 1: fair enough, but I did. The question is a really
- 5:29Speaker 1: good one, Senator, which is, okay, if you're at Catholic
- 5:32Speaker 1: you they have you recite Dante? What do they have
- 5:34Speaker 1: you recite at Yale? And I fear the answer is,
- 5:37Speaker 1: I don't know Fuco Ibraham Kendy. These days, I don't
- 5:40Speaker 1: know Robin DeAngelo. It isn't this state of American higher education.
- 5:46Speaker 1: Though we're all having fun here together tonight, no one
- 5:49Speaker 1: has busted down the door yet and yelled, any four
- 5:51Speaker 1: and five letter words at us, the state of American
- 5:54Speaker 1: higher education? Okay, it's it's only here that profanities are
- 5:58Speaker 1: five letter words. Well, no, the one arts goes to
- 6:02Speaker 1: eleven is that we just put extra lines some in French,
- 6:05Speaker 1: you know. But the state of American higher education, yeah,
- 6:09Speaker 1: is in It is in a sorry state. So what happened.
- 6:11Speaker 1: We're supposed to be with the elites. We're supposed to
- 6:14Speaker 1: be with the future leaders. Everyone who matriculates at Yale
- 6:18Speaker 1: is told you're going to be president for three terms.
- 6:20Speaker 1: You're the greatest person in the world. And yet why
- 6:22Speaker 1: are our elites doing such a poor job of things? Look,
- 6:26Speaker 1: higher education has embraced the idea that the school is
- 6:30Speaker 1: about not challenging you, is about making you comfortable. The
- 6:35Speaker 1: whole point of a university is to make you uncomfortable.
- 6:38Speaker 1: The whole point of a university is to challenge you
- 6:41Speaker 1: with ideas. Posit as a crazy idea that when you
- 6:46Speaker 1: enter college at eighteen, every idea you believe maybe is
- 6:50Speaker 1: not fully formed and you don't entirely under understand the
- 6:55Speaker 1: entirety of the universe. If that's true, the most im
- 6:59Speaker 1: poor and value of college is encountering others who challenge
- 7:04Speaker 1: your ideas, who challenge your assumptions, who make you think
- 7:07Speaker 1: and and look. I mean, when I went to school,
- 7:09Speaker 1: I had a lot of professors who I disagreed with profoundly.
- 7:12Speaker 1: I thought it was very useful to hear their worldview,
- 7:15Speaker 1: hear what they're saying, because at the end of the day,
- 7:19Speaker 1: most of the stuff you learn in college you're not
- 7:21Speaker 1: going to do for your career. I mean most of
- 7:23Speaker 1: the you know, you know, think how many classes you
- 7:25Speaker 1: had in college that are useful to being a world
- 7:29Speaker 1: class podcaster? Stopic, get out of here, plush. You know.
- 7:33Speaker 1: I did take bartending at Princeton. That has been useful.
- 7:36Speaker 1: That's a hard skill. But look, at the end of
- 7:38Speaker 1: the day, what you're learning is how to think. And
- 7:42Speaker 1: if you're only encountering ideas you agree with, then by definition,
- 7:48Speaker 1: you're not learning how to think. That that's the most
- 7:51Speaker 1: pernicious part of it at all, is that training people
- 7:55Speaker 1: in group think, training people you cannot think different Fritenly,
- 8:01Speaker 1: you know, Galileo was told the same thing. It didn't
- 8:08Speaker 1: work out well. Science, philosophy, literature, they're all about challenging assumptions,
- 8:19Speaker 1: challenging what you think and the very dynamic that you have.
- 8:23Speaker 1: And look what happened to Yale Law School. What's sad
- 8:26Speaker 1: about that is it's not unusual. Yeah, you see it
- 8:29Speaker 1: happening at universities all over the country where speakers come in.
- 8:33Speaker 1: I mean, in that instance, Kristen Wagner, who was there,
- 8:37Speaker 1: is a Supreme Court advocate who had just won a
- 8:40Speaker 1: case by a vote of seven to two at the
- 8:44Speaker 1: US Supreme Court. Now I get it. The students at
- 8:47Speaker 1: Yale Law School. They didn't like that case. They didn't
- 8:50Speaker 1: like that case. They were upset about it. So instead
- 8:54Speaker 1: of coming in and saying, well, you know what, I
- 8:55Speaker 1: think the justice has got it wrong. You know what
- 8:57Speaker 1: I think, I think the Constitution says something. And instead
- 9:00Speaker 1: of doing what one would imagine Yale lawyers would be
- 9:04Speaker 1: capable of doing, which is presenting arguments and reasoning, they
- 9:10Speaker 1: instead try to exercise the Heckler's veto and just screen
- 9:13Speaker 1: down anyone who disagrees. That's not just harmful on the
- 9:18Speaker 1: particular issue that they're not hearing the other side, it's
- 9:21Speaker 1: harmful for thinking in life. And I got to tell you,
- 9:24Speaker 1: when you come out of school, most places you work
- 9:28Speaker 1: are not safe spaces. Most bosses are not going to
- 9:31Speaker 1: be overly worried about injuring your fragile feelings. And so
- 9:38Speaker 1: I think the point of education is prepare you for life,
- 9:41Speaker 1: and that means encountering things that make you uncomfortable, that
- 9:45Speaker 1: make you doubt, that make you question. That's really what
- 9:48Speaker 1: an education is all about. I joked when your former
- 9:53Speaker 1: or not classmate, but fellow Harvard law graduate, judge Katangi Jackson,
- 9:59Speaker 1: when she failed to answer the question what is a woman?
- 10:04Speaker 1: When she laughed, she said, can I answer? Of course
- 10:06Speaker 1: I can't answer that question. I'm not a biologist. When
- 10:10Speaker 1: she did that, my first thought was, only someone with
- 10:13Speaker 1: two degrees from Harvard could be so stupid as to
- 10:17Speaker 1: not know what a woman is. And and so I
- 10:25Speaker 1: don't know. I mean, as you say, there are these
- 10:27Speaker 1: problems at all of the universities, but to me, it
- 10:29Speaker 1: seems more. It actually seems more pronounced in the Ivy League,
- 10:33Speaker 1: these supposedly prestigious institutions, where it seems that whatever you
- 10:39Speaker 1: see about free speech on other campuses. Yale Law School
- 10:43Speaker 1: is supposed to be the top law school in the country,
- 10:44Speaker 1: screaming profanity is at a lawyer for having an open discussion.
- 10:48Speaker 1: How do you fix that? I don't want to sound
- 10:50Speaker 1: like the old man. Back in my day things were better,
- 10:52Speaker 1: but things really do seem to have gotten worse. Michael.
- 10:55Speaker 1: One of the things I love about you, as I'm
- 10:57Speaker 1: confident since you were five years old, you've been the
- 11:00Speaker 1: old man yelling get off my lawn. And I came
- 11:03Speaker 1: out of the womb with a cigar in my teeth.
- 11:05Speaker 1: You know, hair parted. Yes, your mother's still ticked off
- 11:08Speaker 1: about it hurts. It hurts, YEA. Look, we need to be,
- 11:22Speaker 1: particularly in the so called elite institutions, willing to think
- 11:28Speaker 1: for ourselves. You're right. Schools like Yale, the students are
- 11:32Speaker 1: told all the time you are the leaders of the world.
- 11:35Speaker 1: You are the future Bill Clinton's of the world. The
- 11:38Speaker 1: kid who wrote that op ed calling for people to
- 11:41Speaker 1: boycott us, he said, there is a great power and
- 11:45Speaker 1: responsibility that comes with being a Yale and the kid
- 11:48Speaker 1: is eighteen years old. This is what This is what
- 11:51Speaker 1: these students are told. Look, and I think it's part
- 11:55Speaker 1: of why, if anything, the censorship is greater, because the
- 12:00Speaker 1: fear is greater at an institution like this. Every student
- 12:05Speaker 1: here worked your tail off. Since you were in kindergarten.
- 12:09Speaker 1: You were struggling with the perfect attendance. You were struggling
- 12:12Speaker 1: to put the apple on the teacher's desk, you were
- 12:14Speaker 1: struggling to be in student council and drama and debate
- 12:20Speaker 1: and football and underwater basket we don't even know what,
- 12:24Speaker 1: but but it was. You know. Look, you recall the
- 12:27Speaker 1: speech that it seems deans give about their a gazillion
- 12:31Speaker 1: valedictorians in the world, we turn half of them down,
- 12:34Speaker 1: and that when you get into a place like you now,
- 12:39Speaker 1: I wouldn't know, but I would imagine today there's a
- 12:46Speaker 1: sense of relief of okay, all right, I've made it.
- 12:54Speaker 1: But there's also a sense of terror of O crap,
- 12:58Speaker 1: like like like what if I lose it? What if
- 13:00Speaker 1: I anger the gods of Yale? Yeah, although I don't.
- 13:05Speaker 1: I'm not sure God or man are allowed it yet,
- 13:07Speaker 1: you know, no more mostly mostly demons and people of
- 13:11Speaker 1: unspecified gender. Yeah, but but but but look, it is,
- 13:19Speaker 1: when you've worked very hard for something, you're often afraid
- 13:23Speaker 1: to lose it. And if you're afraid to lose it,
- 13:27Speaker 1: you don't want to take risks um all right, I
- 13:31Speaker 1: remember coming out of coming out of law school, coming
- 13:34Speaker 1: out of a clerkship. So I clerked for a judge
- 13:36Speaker 1: in the Court of Appeals clerk to on the Supreme Court,
- 13:38Speaker 1: I'm clerking for Chief Justice Ranquist, which who was an
- 13:40Speaker 1: amazing friend and amazing boss. And I remember coming out,
- 13:44Speaker 1: you got thirty six Supreme Court law clerks coming out,
- 13:47Speaker 1: and almost all of them were unbelievably risk averse. They
- 13:52Speaker 1: were going to big, fancy law firms because that's the
- 13:56Speaker 1: next blue chip thing to do, unless you go become
- 13:59Speaker 1: law professors and train other people to continue to perpetuate
- 14:02Speaker 1: the cycle. I remember when I came out, I went
- 14:04Speaker 1: to a little bitty law firm. It had six lawyers,
- 14:07Speaker 1: it was nine months old, and I thought it was fascinating.
- 14:11Speaker 1: Listening to a lot of my co clerks and they
- 14:12Speaker 1: were like, well, wait, that's really risky. Why would you
- 14:16Speaker 1: do that. You don't know if this firm is going
- 14:17Speaker 1: to survive. You don't know if it'll go under. And listen,
- 14:20Speaker 1: when I was looking for a law firm, I was
- 14:22Speaker 1: looking for lawyers. I wanted to work for lawyers that
- 14:25Speaker 1: I wanted to come carry their briefcase and just you
- 14:28Speaker 1: know the way Abraham Lincoln learned to be a lawyer
- 14:30Speaker 1: was literally carrying a briefcase and studying and apprenticing under someone.
- 14:35Speaker 1: That's still the best way to become a lawyer. And
- 14:38Speaker 1: I remember the other clerks said, well, what if it
- 14:39Speaker 1: goes bankrupt or, like the lead lawyer at the firm
- 14:43Speaker 1: is a guy named Chuck Cooper, one of the top
- 14:45Speaker 1: Supreme Court lawyers of the country, a very dear friend.
- 14:48Speaker 1: And they said, well, you know, Chuck Cooper could become
- 14:52Speaker 1: the US Solicitor General in another Republican administration. He could
- 14:56Speaker 1: become the top lawyer for the government for the United
- 14:59Speaker 1: States in front of the the Preme Court. I remember thinking,
- 15:01Speaker 1: a Okay, why is it a bad thing if your boss,
- 15:06Speaker 1: when you're brand new and starting your career, goes on
- 15:09Speaker 1: to become the top lawyer for the United States of
- 15:11Speaker 1: America in the Supreme Court? And why would you want
- 15:14Speaker 1: to work for someone who wouldn't be considered for that job? Right?
- 15:20Speaker 1: And fine, if it's a little bitty law firm and
- 15:23Speaker 1: it's nine months old, if they go bankrupt in a year,
- 15:27Speaker 1: you know what, I felt confident I could get another job,
- 15:32Speaker 1: Like if there's any value to working your tail off
- 15:35Speaker 1: and trying to build some academic credentials in a history.
- 15:39Speaker 1: It was like, look, I don't think I'm unemployable. Yea,
- 15:42Speaker 1: it took politics to make me unemployable. But that I
- 15:47Speaker 1: remember being fascinated at the mindset of the clerks that
- 15:53Speaker 1: they had worked so hard that risk terrified them. And
- 15:58Speaker 1: I think you see that manifested at universities across the country.
- 16:02Speaker 1: But I think the Ivy League it is more intense
- 16:05Speaker 1: because there's more fear of the risk and the uncertainty.
- 16:09Speaker 1: I've seen exactly that. I remember it when I was
- 16:12Speaker 1: in college, not that I guess it was ten years
- 16:14Speaker 1: ago now, but I as far as I can tell
- 16:17Speaker 1: visiting campuses, things remain the same. The students at these
- 16:20Speaker 1: name brands schools. You know, ten years ago Joe Biden
- 16:23Speaker 1: was vice president. That's true according to Obama. Still is
- 16:30Speaker 1: that's a good point. So gosh, now you're bringing me
- 16:33Speaker 1: back to the worst memory I have in college. I
- 16:35Speaker 1: just got their freshman year. I'm so excited to need
- 16:38Speaker 1: you to share all. No, No, it's not that much.
- 16:40Speaker 1: It's not that one door. No. I had just gotten
- 16:42Speaker 1: here and it was the two thousand and eight election,
- 16:44Speaker 1: and I thought, oh, this is going to be great.
- 16:45Speaker 1: I'm gonna have such a great time on campus. And
- 16:47Speaker 1: then then Obama wins and three thousands people. I don't
- 16:52Speaker 1: know that. Thousands of people come out. They're celebrating. You
- 16:55Speaker 1: see wafts of marijuana clouds coming up from the Green
- 17:00Speaker 1: people drinking, and in a dorm on Old Campus one
- 17:06Speaker 1: of the freshman dorms is me and about six other
- 17:09Speaker 1: Republicans just drinking vodka out of the handles, say oh,
- 17:13Speaker 1: no things, everything's going downhill. But I did notice this
- 17:16Speaker 1: with the conservatives. It's actually very similar to your preparation
- 17:19Speaker 1: routine for the podcast. It's true, if it ain't broke,
- 17:22Speaker 1: don't fix it. You know, it's obviously worked a long time.
- 17:25Speaker 1: I noticed this with the campus conservatives. They're willing to
- 17:29Speaker 1: wear the bow tie. Generally, they're willing to go and
- 17:32Speaker 1: advocate for lower taxes and deregulation, maybe even smaller government.
- 17:37Speaker 1: But on a lot of say cultural issues, the issues
- 17:41Speaker 1: that the ruling elite really don't want you to touch,
- 17:43Speaker 1: they won't touch them either. They'll sometimes say things like
- 17:47Speaker 1: I'm a conservative, but I'm not that kind of a conservative. No, no,
- 17:50Speaker 1: I'm still a fashionable one. And I think it's to
- 17:52Speaker 1: protect the job at Goldman Sachs. I think it is
- 17:55Speaker 1: that same risk aversion that you're describing. Look, I think
- 17:59Speaker 1: you're right, and I think you see in the conservative
- 18:04Speaker 1: world generally people being cautious and risk averse. And part
- 18:09Speaker 1: of it is, Look, everyone likes to be liked, particularly
- 18:16Speaker 1: young people. I mean, there's a reason peer pressure is
- 18:18Speaker 1: a thing. Right. You know, you're at college, you want
- 18:22Speaker 1: to go out, you want to have a good time.
- 18:25Speaker 1: You know, ideally you'd like to find someone you think
- 18:27Speaker 1: is attractive, and you know, see what happens. Although I
- 18:31Speaker 1: remember when I showed up as a college freshman, there
- 18:33Speaker 1: was there was a T shirt that was popular. It
- 18:37Speaker 1: said on the front sex Kills and on the back
- 18:40Speaker 1: it said come to Princeton, Live Forever. There's a lot
- 18:44Speaker 1: of truth to that, but look, people are there is
- 18:54Speaker 1: no doubt the positive peer pressure when I was in school,
- 18:59Speaker 1: when you were in cool, but even more so today
- 19:02Speaker 1: that if you take an unpopular position, you risk being denigrated,
- 19:09Speaker 1: you risked being ostracized. And so people opt at a
- 19:13Speaker 1: minimum to just shut up about it, yea, to just say,
- 19:16Speaker 1: you know what, I'm going to keep my views quiet.
- 19:22Speaker 1: How you come through that, I think is one of
- 19:28Speaker 1: the real testing aspects of education, right right, can you
- 19:34Speaker 1: withstand that or like the vast majority, do you just
- 19:36Speaker 1: kind of go along, go with the flow, go along
- 19:38Speaker 1: with the crowd, and lose whatever principle you might have had.
- 19:42Speaker 1: This does bring us to your colleague, senator in the
- 19:46Speaker 1: United States Senate. You're Republican, colleagues, we have just confirmed
- 19:51Speaker 1: a woman that you say is the most radical Supreme
- 19:52Speaker 1: Court justice in the history of this country. I agree.
- 19:55Speaker 1: The woman can't well, sorry, the person cannot tell you
- 19:59Speaker 1: what a woman is. And she is supportive of critical
- 20:02Speaker 1: race theory, talks about the founders of that movement by name.
- 20:05Speaker 1: She has lauded the sixteen nineteen project, which says America
- 20:08Speaker 1: is evil from the very beginning. It's based on a
- 20:09Speaker 1: false thesis about slavery. So this woman is very far
- 20:13Speaker 1: to the left. And yet when I looked at the
- 20:14Speaker 1: Senate confirmation hearings over who was grilling Katangi Jackson, it
- 20:21Speaker 1: was you and Josh Hawley and Tom Cotton a little bit,
- 20:25Speaker 1: and that was pretty much it. And all of the
- 20:27Speaker 1: other Republican Senators were sitting there twiddling their thumbs and
- 20:31Speaker 1: in some cases actually encouraging this woman who's now the
- 20:34Speaker 1: furthest left judge we've ever had on the court. What
- 20:36Speaker 1: gives well, look, risk, aversion doesn't end when you're twenty one.
- 20:43Speaker 1: It doesn't end when you're in college. It doesn't end
- 20:45Speaker 1: when you're in grad school. It doesn't end when you
- 20:47Speaker 1: start your first job. And in the world of politics,
- 20:52Speaker 1: if you dare to take on the oar the doxy,
- 21:01Speaker 1: you get demonized. I promise you. In the what twenty
- 21:05Speaker 1: minutes we've been sitting here, there have been a thousand
- 21:08Speaker 1: tweets telling me to go do things that are anatomically impossible.
- 21:15Speaker 1: Good night, everybody. Look it is And if you're a
- 21:22Speaker 1: Republican senator, it is not complicated that this nomination was
- 21:27Speaker 1: an historic first. Anytime a Republican opposes a Democratic Supreme
- 21:32Speaker 1: Court nomination, you are certain to be vilified by the media.
- 21:38Speaker 1: All the more so if that nominee happens to be
- 21:41Speaker 1: the first African American woman nominated the court. It means
- 21:45Speaker 1: going into it, you know, to a certainty, if you
- 21:48Speaker 1: say anything, if you say good morning, you'll be called
- 21:51Speaker 1: a racist, you'll be called a sexist, You'll be demonized.
- 21:55Speaker 1: And look, today's Democrats, that's their opening line to begin with,
- 21:59Speaker 1: no matter what you say. But in this context, I
- 22:01Speaker 1: can tell you among the Republican Senators, most of them
- 22:05Speaker 1: went into this nomination scared of their own shadow. They
- 22:09Speaker 1: didn't want to be held up as the modern day clansmen,
- 22:12Speaker 1: which if you said any critical question, that was the
- 22:16Speaker 1: attack that was coming on top of that. Look, why
- 22:24Speaker 1: is it we care about who's on the Supreme Court?
- 22:27Speaker 1: This is something I cared deeply about. I think a
- 22:30Speaker 1: lot of Americans care deeply about it. The reason I
- 22:33Speaker 1: believe we care about it is the Supreme Court has
- 22:35Speaker 1: been the institution throughout history that has played the most
- 22:39Speaker 1: pivotal role for protecting our fundamental rights, for protecting free speech,
- 22:44Speaker 1: for protecting religious liberty, for protecting the right to keep
- 22:47Speaker 1: in bear arms, for protecting our safety and security of
- 22:52Speaker 1: our families, by ensuring that the criminal laws are enforced.
- 22:58Speaker 1: You know, this was one that I'll confess I felt
- 23:02Speaker 1: conflicted about it. I've known Katangi for thirty years. We
- 23:06Speaker 1: were in law school together. We were one year a
- 23:08Speaker 1: part in law school, were on the law of you together.
- 23:11Speaker 1: She is someone that on a personal level, she's very smart,
- 23:16Speaker 1: she's charming, she has an easy smile. Everybody who knows
- 23:20Speaker 1: her likes her. But at the end of the day,
- 23:24Speaker 1: a Supreme Court nomination is not about whether someone is
- 23:27Speaker 1: smart or talented, or whether you like them. It is
- 23:30Speaker 1: about what their record are, what their record is, and
- 23:34Speaker 1: what kind of job they will do in the position.
- 23:36Speaker 1: And as I examined her record, I came to the
- 23:40Speaker 1: conclusion that a record demonstrated that she will be the
- 23:43Speaker 1: furthest left of any of the justices that have ever
- 23:46Speaker 1: served on the Court. Now there's some people that want
- 23:51Speaker 1: Actually that to me is comforting. It's comforting that there's
- 23:56Speaker 1: that many people applauding, because that suggests that there's a
- 23:59Speaker 1: wide difference of opinion in this room. I think that's fantastic.
- 24:04Speaker 1: I'm actually glad for everyone who applauded there, because if
- 24:10Speaker 1: you're left of center, thank you for coming out, thank
- 24:12Speaker 1: you for being part of a conversation. If you're starting
- 24:15Speaker 1: from a perspective that you don't agree with me, if
- 24:17Speaker 1: you're starting from a perspective that you don't agree with Michael,
- 24:20Speaker 1: then it is wonderfully and refreshingly open minded that you're
- 24:28Speaker 1: here and willing to have this conversation that you don't
- 24:31Speaker 1: start from the perspective of I can't hear you. That's
- 24:38Speaker 1: very positive, But I do think in the confirmation now
- 24:43Speaker 1: Justice Jackson, her record was far out of the mainstream.
- 24:48Speaker 1: And it's worth pointing out too, because now President Biden
- 24:52Speaker 1: is trying to suggest that this was the most vicious
- 24:54Speaker 1: attack on any Supreme Court nominee in history. When Brett
- 24:58Speaker 1: Kavanaugh was up, they called him a a rapist without
- 25:01Speaker 1: any evidence whatsoever, and because of the testimony of a
- 25:04Speaker 1: woman who contradicted herself many times, and whose testimony was
- 25:07Speaker 1: contradicted by everyone who was even supposedly around her at
- 25:11Speaker 1: the time, by another woman who certainly never met Breck
- 25:14Speaker 1: Havanaugh ever, and by a felon lawyer who's currently doing
- 25:16Speaker 1: time for wire fraud. So CNN said he could be
- 25:19Speaker 1: the Democratic presidential nominator, right, a fellon lawyer who may
- 25:23Speaker 1: still become the Democrat nominee someday. And so you had
- 25:26Speaker 1: that with the Katanshie Jackson confirmation process. You Senator and
- 25:31Speaker 1: a couple of your colleagues just quoted her court opinions. Yeah,
- 25:35Speaker 1: you know, it reminds me of one of my favorite
- 25:37Speaker 1: podcasts you and I did was oh over a year
- 25:40Speaker 1: ago with a Fellowdaymeric Weinstein, who's a very bright man,
- 25:43Speaker 1: brilliant man, but he's politically left of Senate, and we
- 25:47Speaker 1: had a long pod with a pretty vigorous discussion on
- 25:51Speaker 1: lots of issues. But I remember the topic of Supreme
- 25:54Speaker 1: Court nominations came up and he made a point. He said, well,
- 25:58Speaker 1: they're nasty, but everybody doesn't. Both sides do it, you know,
- 26:02Speaker 1: it's just the nature of politics. And as you'll recall,
- 26:06Speaker 1: and by the way, i'd encourage you that that's a
- 26:08Speaker 1: fun podcast to go back and listen to, because we
- 26:10Speaker 1: had some very i think substantive discussions and disagreements, respectful
- 26:15Speaker 1: and civil. But the point I made to him, as
- 26:18Speaker 1: I said, look, that's not true. If you look at
- 26:21Speaker 1: the really nasty confirmations, the confirmations that got personal and ugly,
- 26:28Speaker 1: it's only one party that does this. Whether it was
- 26:31Speaker 1: Robert Bourke, whether it was Clarence Thomas, or whether it
- 26:36Speaker 1: was Brett Cavanaugh. It has been the Democrats that go
- 26:40Speaker 1: into the gutter with the kind of personal attacks that
- 26:44Speaker 1: those confirmation hearings featured, and Republicans have not. And I
- 26:49Speaker 1: don't believe will engaged in that before we get to
- 26:52Speaker 1: the wonderful leftists in the room, who will get a
- 26:54Speaker 1: chance to ask questions and perhaps try to refute things
- 26:57Speaker 1: that we've said. We always have this rule. If you
- 27:00Speaker 1: disagree with us, you get to cut to the front
- 27:01Speaker 1: of the line. This really doesn't jibe with my authoritarian tendencies,
- 27:05Speaker 1: but we deal with it. We let it happen. It's fine,
- 27:07Speaker 1: it's fine. So we will get to that before that, though,
- 27:09Speaker 1: I do want to close out this issue of the confirmation.
- 27:14Speaker 1: Where was the conservative movement? So look, it's a very
- 27:18Speaker 1: good question. This past week I sat down with a
- 27:22Speaker 1: number of leaders of the conservative movement, and I got
- 27:24Speaker 1: to say, the movement, most of the organization's right of center,
- 27:29Speaker 1: were largely absent from the fight over Katani Brown Jackson,
- 27:34Speaker 1: and I think the reasons were a couple of fold One,
- 27:39Speaker 1: I think conservative groups and organizations, just like a lot
- 27:42Speaker 1: of Republican senators, were terrified at being vilified for daring
- 27:48Speaker 1: to oppose the first African American woman nominated the court,
- 27:52Speaker 1: so they didn't want to have the fight. Secondly, there
- 27:56Speaker 1: is a reasoning that many people found persuasive, which is
- 27:59Speaker 1: that Justice Jackson was nominated to replace Stephen Briar. Stephen
- 28:03Speaker 1: Briar is a left of center justice, and so the
- 28:07Speaker 1: argument went, you're replacing one left of center justice for another.
- 28:11Speaker 1: It doesn't change the underlying balance of power on the court,
- 28:15Speaker 1: so it's not worth the fight. Now, I'm not convinced
- 28:19Speaker 1: that's right. I will say, of the left leaning justices
- 28:23Speaker 1: on the Court, Briar has been the most conservative of
- 28:28Speaker 1: the liberals, which is not to say remotely conservative, but
- 28:32Speaker 1: to give an example, you know, one of the cases
- 28:34Speaker 1: that I litigated when I was Slicitor General of Texas
- 28:38Speaker 1: was a case called Van Ord versus Texas, Van Orden
- 28:42Speaker 1: versus Perry, rather and Van Ordon versus Perry was challenging
- 28:46Speaker 1: the display of the Ten Commandments monument on the state
- 28:49Speaker 1: capitol grounds, and that case went all the way to
- 28:53Speaker 1: the Supreme Court. At the end of the day, the
- 28:54Speaker 1: Supreme Court upheld Texas's monument by a vote of five
- 28:58Speaker 1: to four. Now, what's interesting in that case, as I
- 29:01Speaker 1: had spent thousands of hours getting ready for that case,
- 29:04Speaker 1: and we'd written our brief trying to really just mind
- 29:08Speaker 1: meld with Sandra Day O'Connor, who Justice O'Connor, at the time,
- 29:11Speaker 1: was the swing vote on the cord and so I
- 29:13Speaker 1: tried to put every argument in fact that you know,
- 29:17Speaker 1: one of the lawyers in my office asked, They said, Ted,
- 29:20Speaker 1: is it possible to be too obsequious to Justice O'Connor,
- 29:25Speaker 1: And I said, no, it is not. I want the
- 29:28Speaker 1: most common words in this brief to be O'Connor comma jay.
- 29:33Speaker 1: I want them more common than and or THEE. And
- 29:37Speaker 1: if we can put an oil portrait of Justice O'Connor
- 29:40Speaker 1: on the cover of our brief, I think that would
- 29:42Speaker 1: be tasteful and appropriate. Well, I tried to pitch those
- 29:47Speaker 1: all of those arguments. Every argument I aimed at Justice
- 29:50Speaker 1: O'Connor missed, and she voted to strike down the monument.
- 29:54Speaker 1: And yet, amazingly, the arguments that I aimed at Justice
- 29:57Speaker 1: O'Connor found hurtle ground was Stephen Bryer, and Justice Bryer
- 30:02Speaker 1: was our necessary fifth vote. We won five four because
- 30:06Speaker 1: Steve Brier voted to uphold the Texas Ten Commandments monument. Now,
- 30:11Speaker 1: I will say we were replacing who was the most
- 30:16Speaker 1: conservative of the left leaning justices with a justice who
- 30:20Speaker 1: I believe and to be honest, you can only assess
- 30:22Speaker 1: these things after a decade or two, so we'll know
- 30:27Speaker 1: sometime in the future whether this prediction is right. But
- 30:30Speaker 1: based on her record, I think she will prove to
- 30:32Speaker 1: be the furthest left of those justices. That's a meaningful shift,
- 30:37Speaker 1: but I got to tell you it was amazing. So
- 30:41Speaker 1: we're engaged in this confirmation hearing, and normally in a
- 30:45Speaker 1: judicial confirmation hearing, particularly a Supreme Court fight, there's an
- 30:48Speaker 1: ecosystem on right and left that rise up. So when
- 30:52Speaker 1: Brett Kavanaugh was nominated, there's all these left leaning groups
- 30:57Speaker 1: that are funded with millions of dollars that are attacking him,
- 31:01Speaker 1: that are funding attacks by the way, that are sending
- 31:03Speaker 1: protesters to Washington to show up in the hearing and
- 31:07Speaker 1: scream and yell and yell at senators and elevators. There's
- 31:11Speaker 1: an elevator we call the Jeff Flake Memorial Elevator because
- 31:14Speaker 1: it's where these protesters who were on the payroll of
- 31:18Speaker 1: a leftist organization screamed at him. I'm glad that you
- 31:25Speaker 1: didn't see conservatives hiring people just to scream and yell
- 31:28Speaker 1: and throw a fit. But they also engage in research
- 31:31Speaker 1: and what was fascinating so when the issue about her
- 31:35Speaker 1: Lenian sentences came up, the first response that Democrats had was, well,
- 31:43Speaker 1: a lot of federal judges sentence defendants, particularly defendants in
- 31:47Speaker 1: child pornography cases, to below the federal sentencing guidelines. And
- 31:52Speaker 1: that argument is actually a reasonable argument if you look
- 31:55Speaker 1: just at the first iteration of the back and forth,
- 31:58Speaker 1: they had a reasonable point with some some real basis
- 32:01Speaker 1: for it. The next iteration of the argument, however, was
- 32:04Speaker 1: she was not just sentencing below the guideline. She was
- 32:09Speaker 1: sentencing far, far, far below what the prosecutor was asking
- 32:14Speaker 1: for any in each case, every case where she had discretion,
- 32:18Speaker 1: she went way below the prosecutor. And then, as we're
- 32:22Speaker 1: talking about it amidst Republican senators, several Republican senators asked
- 32:29Speaker 1: the question, well, how does her sentencing compare to other
- 32:33Speaker 1: federal judges across the country. It's a good question. It
- 32:36Speaker 1: was a reasonable question I asked my team. Initially, I said, look,
- 32:40Speaker 1: surely someone is doing comprehensive research on a record this
- 32:45Speaker 1: ought to be available. So my team reached out to
- 32:49Speaker 1: the likely organizations that would be doing this research. Nobody
- 32:54Speaker 1: had done any research. You know that it had the
- 32:56Speaker 1: situation been reversed, the left would have a dossier, and
- 33:00Speaker 1: they did. They did for Neil Gorsuch, they did for
- 33:03Speaker 1: Amy Coney Barrett, they did for Brett Cabnaugh. For all three,
- 33:07Speaker 1: massive amounts of money were spent. The failure of the
- 33:09Speaker 1: conservative movement. The movement did nothing to inform any one
- 33:12Speaker 1: of the facts of this very disturbing The movement should
- 33:15Speaker 1: have come up with all the fodder for the tough questions. Now,
- 33:18Speaker 1: speaking of tough questions, I want to get some tough
- 33:22Speaker 1: questions from the audience. Shall we bring out our friend
- 33:24Speaker 1: Liz Wheeler to field the questions. Welcome back, Thank you,
- 33:40Speaker 1: thank you. I just want to say I noticed that
- 33:42Speaker 1: when you were throwing the merch out at the beginning,
- 33:44Speaker 1: the hats and the shirts, that you didn't have enough
- 33:45Speaker 1: for the whole audience. So I just want to let
- 33:47Speaker 1: everyone know if you use my promo code live, you
- 33:50Speaker 1: can get ten percent off on the Verdict with Ted
- 33:54Speaker 1: Cruz dot com slash shop on the Merch store. This
- 33:57Speaker 1: is what we call a shameless plug. But I gotta
- 34:01Speaker 1: say one of the coolest things that set up here
- 34:04Speaker 1: that I just saw shortly before we started filming is
- 34:07Speaker 1: somehow we've gotten to be able to project the cactus
- 34:10Speaker 1: on the wall, which I just think is is really cool.
- 34:13Speaker 1: We've never done that before, so whoever came up with
- 34:15Speaker 1: that that was very clever. They're going to paint it
- 34:17Speaker 1: afterward as a monument to this show, and then we'll
- 34:21Speaker 1: all be prosecuted for vandalism. I think it's very complimentary
- 34:24Speaker 1: to the chandeliarly. So are we ready for some questions? Yes?
- 34:28Speaker 1: And the rule really does stand. I know I joked
- 34:32Speaker 1: sincerely about how much I hate the rule, but if
- 34:34Speaker 1: you disagree with us, you really are allowed to cut
- 34:36Speaker 1: to the front of the line. So just indicate that
- 34:38Speaker 1: up there and we look forward to hearing from you.
- 34:40Speaker 1: William F. Buckley Junior used to say a conservative is
- 34:46Speaker 1: someone who stands athwart history, yelling stop. Does this definition
- 34:52Speaker 1: still apply to today's political climate? Ooh, good question. Something
- 34:56Speaker 1: that has misunderstood about that statement is he was speaking
- 35:00Speaker 1: about history with a capital H. He was speaking about
- 35:03Speaker 1: the Marxist conception of history as a science that can
- 35:06Speaker 1: be known with certainty, and it comes from a popular
- 35:09Speaker 1: line from the left, which is I have seen the
- 35:12Speaker 1: future and it works. And so Buckley is responding to
- 35:15Speaker 1: that and saying, no, whatever you think the future is,
- 35:18Speaker 1: we are going to stand athwart that yelling stop. And
- 35:20Speaker 1: so this statement is perfectly right inasmuch as Buckley is
- 35:24Speaker 1: saying in the nineteen fifties, the conservative is one who
- 35:27Speaker 1: is stopping communism, and he brought together a coalition of
- 35:30Speaker 1: three disparate groups, the traditionalists who hated the iconoclasm and
- 35:34Speaker 1: atheism of the Soviet Union, the libertarians who hated the collectivism,
- 35:38Speaker 1: and the warhawk Democrats, for lack of a better word,
- 35:42Speaker 1: the people who hated the USSR as imperial ambitions. And
- 35:45Speaker 1: those three groups didn't have a whole lot in common,
- 35:47Speaker 1: but they had a common enemy, and so they fought
- 35:49Speaker 1: the Soviet Union and they won. I mean, for all
- 35:52Speaker 1: that we knocked that coalition today, it was successful and
- 35:54Speaker 1: it did win the Cold War. So I think he
- 35:56Speaker 1: was perfectly right at the time to say that the
- 36:00Speaker 1: land Wall fell thirty years ago. And conservatives who are
- 36:02Speaker 1: just playing reruns of the nineteen eighties on YouTube. Frankly,
- 36:06Speaker 1: I myself sometimes do it as comfort food, you know,
- 36:09Speaker 1: I'm I go in on a cozy night and play
- 36:12Speaker 1: old Reagan clips. But that isn't going to cut it.
- 36:14Speaker 1: I'm confident with your wife. That's very romantic it say honey,
- 36:19Speaker 1: just one more please. You know, Ronald Reagan and Bill
- 36:22Speaker 1: Buckley fought their battles and now they're resting. Let them rest.
- 36:26Speaker 1: Don't dig up their bodies and try to revivify them.
- 36:29Speaker 1: Learn from them. I mean, that's something that we're trying
- 36:32Speaker 1: to do here at the Buckley Program, right. The William F.
- 36:34Speaker 1: Buckley Junior Program at Yale isn't about playing the hits
- 36:36Speaker 1: from the eighties or the seventies of the sixties. It's
- 36:38Speaker 1: about applying timeless principles and an understanding of the conservative
- 36:42Speaker 1: tradition to the real circumstances today. So, Michael, I have
- 36:47Speaker 1: to say, I'm deeply disappointed that we are in New Haven, Connecticut.
- 36:53Speaker 1: We're at your alma mater. You just got asked question
- 36:58Speaker 1: about William Buckley, and you sat up straight, No, you're right,
- 37:03Speaker 1: and argued in plain, clearly enunciated English. Could you try
- 37:07Speaker 1: it again? And answered appropriately. Well. I'll be joined for
- 37:11Speaker 1: the full hour today by Senator Ted Cruise. If I
- 37:16Speaker 1: do not do my William of Buckley Junior impression, he
- 37:19Speaker 1: will smash me in my damn face. I will stay
- 37:23Speaker 1: plots stood too? Does that do it very nice? Is that?
- 37:25Speaker 1: Thank you very much? Thank you? Than true for sure?
- 37:30Speaker 1: And this is demonstration before it became a podcaster, Michael
- 37:35Speaker 1: was a frustrated actor and before that half a wasp.
- 37:38Speaker 1: So I've been tree. You know, I've been trying my
- 37:40Speaker 1: blue blood accent for a while. Yea, all right. Our
- 37:43Speaker 1: next question is actually going to be from Verdict Plus.
- 37:46Speaker 1: If you are a subscriber on Verdict plus this community,
- 37:48Speaker 1: you get exclusive access to ask the Senator questions, not
- 37:52Speaker 1: just not just in live events, but on a regular basis.
- 37:55Speaker 1: That's where we also host the Cloakroom. So this next
- 37:57Speaker 1: question is from username godzill the rules. This is a question, Senator.
- 38:02Speaker 1: I picked it because of the question I promised, not
- 38:04Speaker 1: because of the user name. That was just part of it. Senator,
- 38:07Speaker 1: if Republicans take the House, who would be the speaker?
- 38:12Speaker 1: It's a good question. I think the answer probably will
- 38:14Speaker 1: be Kevin McCarthy. I will say this, I stay out
- 38:19Speaker 1: of speaker elections. I've got enough battles on the Senate
- 38:23Speaker 1: side of things. You know, back when I arrived in
- 38:27Speaker 1: the Senate, John Bayner was the speaker. Bayinner and I
- 38:32Speaker 1: friends yeah. Yeah. Let me just just say we had
- 38:36Speaker 1: pretty significant differences of opinion. To put it mildly, I
- 38:43Speaker 1: think it is likely that McCarthy, if there's a majority,
- 38:46Speaker 1: will be speaker. Now it's not clear he will stay speaker.
- 38:50Speaker 1: The job of Speaker of the House is a very
- 38:52Speaker 1: difficult job. It is like hurting cats. There is wide
- 38:56Speaker 1: disagreement among Republicans, and I think if there's discontent in
- 39:00Speaker 1: the ranks, he could be replaced. But I think given
- 39:04Speaker 1: that he's been Republican leader in the minority, given that
- 39:07Speaker 1: he's working very hard to take the majority, I would
- 39:10Speaker 1: be surprised if House Republicans didn't at least given the
- 39:13Speaker 1: first crack at leading. And if he does a good job,
- 39:16Speaker 1: then presumably he'll stay speaker. Well, conservative critics would say
- 39:21Speaker 1: that he leans to establishment and that he's not based enough.
- 39:26Speaker 1: What say you to I love Liz, how you phrase that?
- 39:30Speaker 1: You know? Some conservative critics might say, you know conservative
- 39:34Speaker 1: critics whose name rhyme with wiz Leely Perhaps that's the
- 39:40Speaker 1: fun part of moderating the questions as I get to
- 39:41Speaker 1: throw my own in. So look, I had been through
- 39:45Speaker 1: now multiple Republican leaders in the House when I arrived
- 39:48Speaker 1: at was John Bayner. Bayner loathed conservatives. There are conservatives
- 39:55Speaker 1: in the House, and it was interesting because he had
- 39:57Speaker 1: started out as a relative tively conservative House member before
- 40:02Speaker 1: he began climbing the wrongs of leadership. But by the
- 40:05Speaker 1: time he was speaker, I would I would encounter House
- 40:08Speaker 1: Republicans who would just tell me about He'd walk up
- 40:10Speaker 1: to them at on the floor and just say, f
- 40:13Speaker 1: you like to their faith. And Bayner's kind of an
- 40:19Speaker 1: interesting fellow, and that he's had all sorts of interesting
- 40:23Speaker 1: things to say about me. He's described me as Lucifer
- 40:25Speaker 1: in the flesh. He's described me as the most miserable
- 40:30Speaker 1: son of a bitch he's ever worked with. And the
- 40:33Speaker 1: irony is, I've never worked with him, so I don't
- 40:36Speaker 1: know John Baynard my whole life. I have not spoken
- 40:39Speaker 1: fifty words to banter. So it's kind of a curious thing.
- 40:42Speaker 1: And so he came out with a book recently that
- 40:45Speaker 1: I think nobody read, although when he was recording his
- 40:51Speaker 1: video for it, he did a video of the audio
- 40:53Speaker 1: book and he's drinking copious amounts of red wine and
- 40:57Speaker 1: chain smoking, and in the middle of the video he's
- 41:00Speaker 1: reading a segment of the book completely unrelated. He looks
- 41:02Speaker 1: in the camera and says, fu ted Cruz, like in
- 41:06Speaker 1: the middle of the video. And so a friend of
- 41:10Speaker 1: mine gave me this book. It may have been the
- 41:12Speaker 1: one copy purchased. And so I did what's called the
- 41:17Speaker 1: Washington read. So the Washington read. As you take a book,
- 41:21Speaker 1: you go look in the index to see what they
- 41:22Speaker 1: say about you, and you go skim through to figure
- 41:24Speaker 1: out whatever. So I did that, said, all right, let's
- 41:27Speaker 1: see what he asked to say. And what was fascinating.
- 41:30Speaker 1: He actually describes why he loves me so much. And
- 41:33Speaker 1: he said, look, when Cruz arrived in January of twenty thirteen,
- 41:39Speaker 1: he said, the crazies among the House Republicans, by which
- 41:43Speaker 1: he means the Conservatives, they had been largely beaten down
- 41:49Speaker 1: and Cruz got there and he convinced them. Suddenly they
- 41:54Speaker 1: believed they could fight for something. Suddenly they believed they
- 41:58Speaker 1: could do something. And he said, that made my life miserable.
- 42:04Speaker 1: So that was bainer when it started. Ultimately, I think
- 42:08Speaker 1: he was so antagonistic to conservatives it cost him the speakership.
- 42:14Speaker 1: He was toppled. Ultimately, the next speaker was Paul Ryan
- 42:19Speaker 1: Paul Ryan was substantially less antagonistic to conservatives than Bayiner. Now,
- 42:25Speaker 1: Paul had been in Washington a long time. Paul had
- 42:28Speaker 1: been When he arrived, he was a young Turk charging
- 42:34Speaker 1: the castle. And I think after twenty years, the Paul
- 42:36Speaker 1: Ryan twenty years into it was very different from the
- 42:39Speaker 1: Paul Ryan who had at first arrived in Washington. But
- 42:43Speaker 1: Paul had a better relationship with conservatives in the House.
- 42:48Speaker 1: He was no longer one of them, but it was
- 42:50Speaker 1: less actively antagonistic than Bayer had been. You now have
- 42:57Speaker 1: McCarthy and McCarthy. It's interesting, I think idea logically, Kevin
- 43:01Speaker 1: is the most moderated three. If you actually look at
- 43:05Speaker 1: where Kevin's personal views are, he's the least conservative of
- 43:08Speaker 1: the three. But he also is the least antagonistic to
- 43:12Speaker 1: House conservatives. And right now I would say House conservatives
- 43:18Speaker 1: get along with him pretty well. Now, in some ways,
- 43:20Speaker 1: it's easier to get along with the leader of House
- 43:23Speaker 1: Republicans when you're in the minority. When you're in the
- 43:26Speaker 1: minority and everyone's voting no, there are fewer fracture lines
- 43:30Speaker 1: for disagreement. I think we're more likely to find disagreement
- 43:36Speaker 1: next year if we see Republican majorities in both houses.
- 43:40Speaker 1: Look the singular cause of the disagreements I've had with
- 43:45Speaker 1: Mitch McConnell, and Mitch and I have battled like crazy
- 43:48Speaker 1: in the Senate. The major cause of those has been
- 43:53Speaker 1: on the question of how much can we stand up
- 43:56Speaker 1: and fight the agenda, whether a Barack Obama or Joe
- 43:59Speaker 1: Bia and so with McCarthy, I think time will tell
- 44:06Speaker 1: how he navigates those waters. I'm less concerned about where
- 44:11Speaker 1: he personally is ideologically, and I'm more concerned if and
- 44:16Speaker 1: when he becomes a speaker, with how he leads and
- 44:20Speaker 1: whether I'm a big believer. When you got the majority,
- 44:22Speaker 1: you got to do something with It doesn't mean you
- 44:24Speaker 1: fight everything. If you fight everything, you're fighting nothing. But
- 44:28Speaker 1: it does mean that you pick some issues that matter
- 44:32Speaker 1: that you care about, and you stand up and fight
- 44:34Speaker 1: and make a difference. And I think if Kevin does that,
- 44:37Speaker 1: he'll be more likely to keep the job, and if
- 44:39Speaker 1: he doesn't, he may not. Right, my name is Maya Cook.
- 44:44Speaker 1: Good evening, Senator, Cuz, thank you so much for coming
- 44:46Speaker 1: to Yale this evening. And I think in the spirit
- 44:49Speaker 1: of the Buckley Programs, celebration of intellectual diversity. I wanted
- 44:53Speaker 1: to take a moment to celebrate our newest addition to
- 44:55Speaker 1: the Supreme Court of the US. Who I know, we've
- 44:57Speaker 1: already talked about Justice Jackson. You're here tonight, though in
- 45:01Speaker 1: the name of fostering intellectual diversity in academic spaces. It
- 45:04Speaker 1: would appear to me that you already recognize the importance
- 45:06Speaker 1: of new perspectives. And as a young woman, seeing Justice
- 45:09Speaker 1: Jackson on the Supreme Court is invigorating, truly, And on
- 45:13Speaker 1: Tuesday it baffled me that you would ask such flagrantly
- 45:17Speaker 1: racist questions to this exceedingly well qualified candidate. Your colleagues
- 45:22Speaker 1: in the GOP promised a respectful and dignified hearing for
- 45:26Speaker 1: Justice Jackson, and to me, you did not uphold this.
- 45:29Speaker 1: So today I wanted to create a space where you
- 45:32Speaker 1: might be able to challenge your own thinking, as prudent
- 45:34Speaker 1: scholars often do. So I'm here to ask you what
- 45:38Speaker 1: are two nice comments you can give about recent nominee
- 45:42Speaker 1: Justice Jackson's judicial experience. Besides from she has an easy smile. Yeah. Well,
- 45:56Speaker 1: let me start by thanking you for being here and
- 45:59Speaker 1: thank you for asking a substantive, important question, Thank you
- 46:05Speaker 1: for engaging in a conversation. I think we all would
- 46:08Speaker 1: be better off if we engage in substantive conversations. There's
- 46:13Speaker 1: a lot to praise about Judge Jackson. She is very
- 46:18Speaker 1: very bright, she is very very accomplished, she is very talented.
- 46:25Speaker 1: She has an impressive and inspiring personal story. I will say,
- 46:30Speaker 1: sitting listening to her opening remarks where she described her
- 46:34Speaker 1: personal story, she described her parents journey, you had to
- 46:38Speaker 1: be dead not to be inspired by that journey and listen.
- 46:43Speaker 1: I will say, more broadly, if you look at the
- 46:45Speaker 1: history of our country, if you look at the history
- 46:48Speaker 1: of our country on race, it is absolutely inspiring to
- 46:54Speaker 1: see an African American woman serving on the Supreme Court.
- 46:58Speaker 1: I will also point out that when it comes to
- 47:02Speaker 1: issues of race, I think both the press and the
- 47:06Speaker 1: modern left are hypocritical on this question, that they only
- 47:12Speaker 1: define someone as black, or they only define someone as
- 47:16Speaker 1: Hispanic if they agree with them ideologically. So Clarence Thomas
- 47:22Speaker 1: has been on the Court for decades. Clarence Thomas is
- 47:25Speaker 1: a black man. The Left hates him. They despise Clarence Thomas.
- 47:31Speaker 1: And I'll tell you, by the way, the treatment of
- 47:33Speaker 1: Clarence Thomas on the left is markedly different than say
- 47:36Speaker 1: antonin Scalia. Antonin Scalia was brilliant. He and Justice Thomas
- 47:42Speaker 1: were every bit as conservative. And yet the vitriol that
- 47:47Speaker 1: was heaped on Clarence Thomas nasty racist language from the left.
- 47:55Speaker 1: There was one magazine cover that that showed Clarence Thomas
- 48:00Speaker 1: as an uncle Tom sitting at Scalia's feet. I think
- 48:05Speaker 1: was racist and disgusting. And listen, I will say this
- 48:08Speaker 1: as an Hispanic man, As an Hispanic man, Jorge Ramos
- 48:11Speaker 1: went on television in Spanish and described me as a
- 48:14Speaker 1: traitor to my race for daring. Okay, look, that says
- 48:21Speaker 1: something about the view of the left that they're telling
- 48:23Speaker 1: you you have one way to view things in one
- 48:27Speaker 1: way only, and if you don't, we'll demonize and attack you.
- 48:32Speaker 1: So look. And by the way, in terms of having
- 48:36Speaker 1: the first African American woman on the Supreme Court, there
- 48:41Speaker 1: was an opportunity for this to happen twenty years ago.
- 48:45Speaker 1: There's a judge named Janice Rogers Brown. Janice Rogers Brown
- 48:48Speaker 1: was a Supreme Court justice on the California Supreme Court.
- 48:52Speaker 1: George W. Bush nominated Janice Rogers Brown to the DC Circuit.
- 48:56Speaker 1: At the beginning of beginning of his presidency, he nominated
- 49:00Speaker 1: Judge Brown in the DC Circuit. The Democrats filibuster Judge Brown.
- 49:06Speaker 1: That filibuster was led by a guy named Joe Biden.
- 49:09Speaker 1: It also included people like Chuck Schumer. It included Pat lagh,
- 49:13Speaker 1: He included Diane Feinstein, they Philip The reason they filibustered
- 49:19Speaker 1: Judge Janice Rogers Brown is because she was a black woman,
- 49:24Speaker 1: but she was also conservative and they did not want
- 49:28Speaker 1: her to go to the Supreme Court, and they succeeded
- 49:31Speaker 1: in filibusting her. They delayed her nomination for a couple
- 49:34Speaker 1: of years until it finally went through. She finally went
- 49:37Speaker 1: to the DC Circuit. Now, everyone who was rumphing in
- 49:42Speaker 1: the media that if you oppose an African American woman
- 49:47Speaker 1: who's a qualified judge, you're a racist. Precisely zero of
- 49:52Speaker 1: them thought it was racist for Democrats, including Joe Biden,
- 49:58Speaker 1: to filibuster Annis Rodgers Brown. By the way, there was
- 50:01Speaker 1: another nominee that Bush put forward, a guy named Miguelistrata mcguel.
- 50:06Speaker 1: It's an incredibly qualified Supreme Court advocate. He was nominated
- 50:11Speaker 1: the DC Circuit as well. The Democrats philibustered him. If
- 50:16Speaker 1: you read the memos that were leaked from Ted Kennedy's lawyers,
- 50:21Speaker 1: Here's what Ted Kennedy's lawyers said about Miguelistrata. They said,
- 50:25Speaker 1: we must stop him quote because he is Hispanic. That's
- 50:33Speaker 1: what Ted Kennedy's lawyers said in writing. Now, I'm going
- 50:36Speaker 1: to suggest to you, if you oppose somebody because of
- 50:41Speaker 1: their race, that is the definition of racist. And look,
- 50:46Speaker 1: I'll point out in your question you said that my
- 50:50Speaker 1: questioning of Judge Jackson was you use the term racist. Listen.
- 50:56Speaker 1: Racism is a horrific evil in this country. It is
- 51:01Speaker 1: also an insult that the left tosses around casually. I
- 51:06Speaker 1: would welcome if you look at the questions I asked
- 51:09Speaker 1: Judge Jackson. Every single question I asked her concerned her record,
- 51:16Speaker 1: either her record as a judge sentencing defendants before her,
- 51:22Speaker 1: or her record writing academic materials and law reviews, or
- 51:28Speaker 1: her record giving speeches to law schools. All of that
- 51:32Speaker 1: is the job of the Senate in the advice and
- 51:36Speaker 1: consent process. And so respectfully, I could not disagree more
- 51:43Speaker 1: deeply when you say it is racist to examine a
- 51:47Speaker 1: judge based on their record. If the Democrats wanted to
- 51:51Speaker 1: oppose Janice Rogers Brown because they opposed conservatives. You know,
- 51:57Speaker 1: do you think the Democrats were all sexist when they
- 52:00Speaker 1: voted party line against Amy Coney Barrett. I'm willing to
- 52:03Speaker 1: bet you don't, because she's not a liberal woman. So
- 52:09Speaker 1: you can't have it both ways, which is that when
- 52:12Speaker 1: a Democratic nominee has a certain characteristic, anyone who opposes
- 52:16Speaker 1: them as racist or sexist or what have you. But
- 52:19Speaker 1: when a Republican nominee has those characteristic it's open season
- 52:23Speaker 1: and you can go after them full force, and the
- 52:27Speaker 1: left is righteous in doing so. The standard should be
- 52:31Speaker 1: the same, and I'm going to suggest what the standard
- 52:34Speaker 1: should be is we should examine people based on their
- 52:37Speaker 1: actual record and whether into what extent that record demonstrates
- 52:42Speaker 1: they will defend the constitutional rights of all Americans. I
- 52:46Speaker 1: think that's what people care about. Mika. I do want
- 52:59Speaker 1: to add one thing, as a young professional woman similar
- 53:01Speaker 1: to you, I do want to speak to however you
- 53:07Speaker 1: identify um. I do think it's important to look at
- 53:11Speaker 1: exactly what happened with Katanji Brown Jackson as it relates
- 53:14Speaker 1: to the progress that women have made in our country.
- 53:17Speaker 1: And by that, I mean how Joe Biden has taken
- 53:20Speaker 1: us backwards in the progress that we have made moving
- 53:23Speaker 1: away from sexism. Because when conservatives say that Katanji Brown
- 53:27Speaker 1: Jackson was nominated by Joe Biden because of her race
- 53:30Speaker 1: and because of her gender, we're not inferring that. Joe
- 53:33Speaker 1: Biden said that himself. He said he was going to
- 53:35Speaker 1: nominate someone because she was a woman, and because she
- 53:38Speaker 1: was a black woman. And as women, ourselves as minorities,
- 53:44Speaker 1: this should be extremely insulting to us. It reduces us
- 53:47Speaker 1: to tokens. It is tokenism, it's racial tokenism, and it's
- 53:52Speaker 1: it's sexism. And this is this is the fundamental problem
- 53:55Speaker 1: with the idea of equity right. It leaves women wondering
- 53:59Speaker 1: did I get the job based on my qualifications and
- 54:02Speaker 1: my resume, or did I get the job because I
- 54:04Speaker 1: am part of a gender quota, because I have been
- 54:06Speaker 1: reduced to my genitalia. And so I would challenge young
- 54:09Speaker 1: women to reject what Joe Biden has done. I would
- 54:13Speaker 1: challenge young women to acknowledge that this is actually racial
- 54:17Speaker 1: discrimination and gender discrimination. And the people who lose the
- 54:21Speaker 1: most are women who not only are they left to
- 54:24Speaker 1: wonder about themselves? Their co workers and their colleagues are
- 54:27Speaker 1: also left to wonder did this woman? Did this black
- 54:31Speaker 1: woman achieve what she achieved based on her merits or
- 54:35Speaker 1: because of the color of her skin or her gender? Hello,
- 54:43Speaker 1: my name is Evan M. Assuming that would end global hunger,
- 54:47Speaker 1: would you pilate another man? Actually, I do have an
- 54:58Speaker 1: answer to this, all right? I act? Do you think
- 55:00Speaker 1: it is better that the alien answer this? You know,
- 55:03Speaker 1: there's a line and there's a line of American psycho
- 55:06Speaker 1: about that Yale thing. I think that's when our questioner
- 55:08Speaker 1: is alluding to a Like a typical left wing undergraduate,
- 55:14Speaker 1: you are engaging in consequentialist ethics. You are attempting to
- 55:18Speaker 1: justify flavorantly immoral behavior to achieve a good end. And
- 55:23Speaker 1: I tell you, my friend, the ends do not justify
- 55:27Speaker 1: the means. Absolutely absolutely not. I am curious with that,
- 55:35Speaker 1: young fellow. If it would solve world hunger, would you
- 55:38Speaker 1: vote for Donald Trump? All right? Hello, Senator Cruz. My
- 55:49Speaker 1: name is pre and I'm a community college transfer student
- 55:51Speaker 1: and current undergrad junior at Yale. Are you aware of
- 55:54Speaker 1: the radical left protests occurring on the popular mobile game
- 55:57Speaker 1: among us, what are you doing to protect our youth
- 56:00Speaker 1: from this and other online indoctrination? So I'll confess I'm
- 56:06Speaker 1: not and you don't say, all right, so among us?
- 56:12Speaker 1: I've played it a couple of times with my daughters
- 56:16Speaker 1: and it's sort of fun. But but if there's a
- 56:19Speaker 1: radical protest on it, I don't know about it. You
- 56:23Speaker 1: always surprise me. I haven't even heard of this, and
- 56:25Speaker 1: you're totally hip to the jib of this game. Well
- 56:28Speaker 1: you know it, You know when you have a thirteen
- 56:32Speaker 1: year old and eleven year old and the look. I
- 56:34Speaker 1: grew up driving from Lagory at Yale. I played video
- 56:39Speaker 1: games the whole way here, so so, but I did
- 56:42Speaker 1: not play among us. So if there is a protest,
- 56:46Speaker 1: I don't know about it. All right. Our next question,
- 56:50Speaker 1: I could pretend is from Verdict plus, but it's actually
- 56:52Speaker 1: my question. I want to hear your discussion of this topic.
- 56:56Speaker 1: There was a piece that was published today by David
- 56:58Speaker 1: French regarding the anti groomer bill, the parental Rights and
- 57:02Speaker 1: Education Bill in Florida. The left calls of the Don't
- 57:04Speaker 1: Say Gay bill. He accuses conservatives of being anti free speech.
- 57:08Speaker 1: In fact, he calls conservatives hypocrites for trying to control
- 57:12Speaker 1: what teachers are instructing children in the classroom, given that
- 57:16Speaker 1: conservatives generally support free speech. So my question to both
- 57:20Speaker 1: of you is, our conservatives hypocrites when it comes to
- 57:23Speaker 1: these parental rights and education bills? Are Are we hypocrites
- 57:26Speaker 1: because we don't want the kindergarten teachers to trans the kids?
- 57:30Speaker 1: That's the question? Yes, Okay, I don't think so. I
- 57:35Speaker 1: don't think it's in the free speech tradition of America
- 57:38Speaker 1: to preach transgenderism to five year olds. I have a test.
- 57:42Speaker 1: It's the what would Washington do test? If you talk
- 57:45Speaker 1: to the founding fathers, you said, do you believe that
- 57:48Speaker 1: you founded this country to protect the sacred right of
- 57:51Speaker 1: weirdos to indoctrinate five year olds into transgenderism and other
- 57:56Speaker 1: assorted ideologies. I don't think they would have said yes,
- 57:58Speaker 1: By golly, that's why we fought the revolution. What about slavery?
- 58:03Speaker 1: I don't think they're teaching a lot about slavery in kindergarten,
- 58:06Speaker 1: which is probably probably a good thing. But what would
- 58:10Speaker 1: the founding father Well, it's a good question. Any fathers
- 58:14Speaker 1: say about slavery, Well, you want to repeat it? Just
- 58:16Speaker 1: because it was in the microphone. So folks, the question
- 58:18Speaker 1: was what would the founding fathers say about slavery? And frankly,
- 58:21Speaker 1: the answer is, we'd be here all night because a
- 58:23Speaker 1: lot of them vigorously opposed slavery. Some of them own slaves.
- 58:26Speaker 1: Some of the ones who own slaves recognize the moral
- 58:29Speaker 1: problem with slavery and wanted to end it, and they
- 58:31Speaker 1: set up ways for it to end through the constitution,
- 58:33Speaker 1: and there were vigorous debates. The country almost fell apart.
- 58:36Speaker 1: We almost didn't get a constitution because of that issue.
- 58:39Speaker 1: So the answer is it's complicated and would be interesting,
- 58:42Speaker 1: but that wasn't the question. I was asked the question
- 58:44Speaker 1: on David French saying that conservatives are hypocrites regarding free
- 58:48Speaker 1: speech because we don't we don't want kindergarteners learning about transgenderism.
- 58:52Speaker 1: Is silly to me, because one, kindergarten classrooms are not
- 58:56Speaker 1: exactly a rollicking free marketplace of ideas where we're discovering
- 58:59Speaker 1: new scientific technologies and things like that. No, you're learning
- 59:03Speaker 1: your ABC's. But furthermore, even on this issue of academic freedom,
- 59:07Speaker 1: there is there is no right of a teacher to
- 59:11Speaker 1: teach whatever that teacher wants in a classroom specifically to kindergarteners.
- 59:16Speaker 1: It's funny to hear that kind of a question here
- 59:19Speaker 1: at the William F. Buckley Junior Program. The Conservative movement
- 59:22Speaker 1: was founded with a book called God and Man at Yale.
- 59:25Speaker 1: Everyone remembers the title, few people remember the subtitle, which
- 59:29Speaker 1: is The Superstitions of Academic Freedom, which he put in
- 59:32Speaker 1: scare quotes. He said that academic freedom is a hoax,
- 59:35Speaker 1: that it's a superstition that was merely instrumental for the
- 59:39Speaker 1: left to get rid of all of the old norms.
- 59:41Speaker 1: He quotes the former Yale president Charles Seymour, who says
- 59:44Speaker 1: that skepticism has utility only when it leads to conviction.
- 59:48Speaker 1: Later on, Bill Buckley is having a debate with Leo
- 59:51Speaker 1: Chern on firing Line. Buckley said, I do not want
- 59:54Speaker 1: a more open society. I want the society to be
- 59:56Speaker 1: considerably more closed. He's used the phrase epistemological optimism, by
- 1:00:02Speaker 1: which he meant that we can know certain things, we
- 1:00:04Speaker 1: can settle certain things. And Buckley said he it felt
- 1:00:08Speaker 1: no desire to protect the rights of a Nazi or
- 1:00:11Speaker 1: of a communist. David French infamously defended drag Queen's story
- 1:00:16Speaker 1: hour on the suggestion that if we don't protect the
- 1:00:19Speaker 1: right of drag queens to jiggle around for little kids,
- 1:00:22Speaker 1: then by golly, they might not let us go to
- 1:00:24Speaker 1: church on Sundays. And well, first of all, the Left
- 1:00:27Speaker 1: has prevented us from going to church on Sundays for
- 1:00:29Speaker 1: about the past two years with the COVID lockdowns. But
- 1:00:33Speaker 1: even beyond that, if we can't tell the difference between
- 1:00:37Speaker 1: tworking for little kids in skimpy outfits at the library
- 1:00:40Speaker 1: and a pastor preaching the Gospel on Sunday, then we
- 1:00:43Speaker 1: do not possess the rational faculties and the moral conscience
- 1:00:46Speaker 1: to govern ourselves. So I've got a different take on
- 1:00:57Speaker 1: the matter. And one of the reasons this podcast can
- 1:01:03Speaker 1: be interesting and fun is that Michael and I have
- 1:01:07Speaker 1: fairly different worldviews. Michael is very Burkian. He is very
- 1:01:13Speaker 1: comfortable with tradition, he is very comfortable with lack of change.
- 1:01:20Speaker 1: I was amazed to see you disagree in any way
- 1:01:24Speaker 1: with Buckley standing athwart and by the way, thwarts a
- 1:01:28Speaker 1: word used far too rarely in life. Athwart history, yelling,
- 1:01:32Speaker 1: yelling stop. I'm far more libertarian. I am far more
- 1:01:40Speaker 1: live and let live. When it comes to free speech,
- 1:01:44Speaker 1: I ambrace free speech, and I embrace free speech not
- 1:01:48Speaker 1: just for people I agree with, but for people I
- 1:01:50Speaker 1: disagree with. I ambrace free speech. You know you mentioned
- 1:01:55Speaker 1: for Nazis and communists. I think Nazis and communists have
- 1:01:58Speaker 1: free speech rights. Now, reasonable people ought to disagree with
- 1:02:03Speaker 1: Nazis and communists, we ought to battle them with more
- 1:02:06Speaker 1: free speech. But I very much agree with John Stuart
- 1:02:10Speaker 1: Mill that the best cure for bad speech is more speech.
- 1:02:14Speaker 1: And so I think academic freedom actually matters, and even
- 1:02:22Speaker 1: academic freedom for people who are nutty. That being said, though,
- 1:02:27Speaker 1: I think the Florida law the other states that are
- 1:02:29Speaker 1: considering laws is markedly different, which is that if a
- 1:02:33Speaker 1: state is going to have a public school system, it's
- 1:02:36Speaker 1: going to set curriculum that is inherent in the process
- 1:02:39Speaker 1: of having a school system. And if you're setting curriculum,
- 1:02:43Speaker 1: you're making a choice of what is included in the
- 1:02:45Speaker 1: curriculum and what is excluded in the curriculum, and making
- 1:02:50Speaker 1: that choice is not in and of itself a violation
- 1:02:53Speaker 1: of free speech. You're necessarily sorting what do we think
- 1:02:58Speaker 1: it is imperative our kids learn. And the Florida bill.
- 1:03:02Speaker 1: You know, it was interesting the opponents of the bill,
- 1:03:05Speaker 1: they dubbed it that don't say gay bill. And yet
- 1:03:08Speaker 1: the bill provided that that for kids that were pre
- 1:03:11Speaker 1: kindergarten through third grade, that you should not discuss questions
- 1:03:16Speaker 1: of sexuality. Look, pre kindergarten kids are three and four
- 1:03:20Speaker 1: years old, and I think it is perfectly reasonable for
- 1:03:24Speaker 1: a state to say we want kids in pre k
- 1:03:27Speaker 1: and k to be learning reading and writing and arithmetic,
- 1:03:33Speaker 1: and they shouldn't be talking about sex. And by the way,
- 1:03:35Speaker 1: I don't want straight teachers talking about straight sex to
- 1:03:38Speaker 1: four year old from kindergarten. Like you know, kids go
- 1:03:46Speaker 1: to kindergarten to learn, to play blocks, to learn, to
- 1:03:49Speaker 1: get some basic education. And by the way, the Florida
- 1:03:52Speaker 1: law ended at third grade. At fourth grade it was hey, Katie,
- 1:03:56Speaker 1: bar the door, you know, you know, bring out the
- 1:03:58Speaker 1: S and M. Let's get exploded. So apparently at age
- 1:04:02Speaker 1: nine all was good. But prior to age nine, And
- 1:04:06Speaker 1: what's fascinating, I think the cultural left jumped the shark
- 1:04:11Speaker 1: on this because you saw many political democrats, You saw
- 1:04:16Speaker 1: the corporate media all excited don't say gay. You saw
- 1:04:19Speaker 1: Hollywood all chanting gay, gay gay, which I gotta say,
- 1:04:24Speaker 1: is not an act of bravery to chant gay in
- 1:04:26Speaker 1: Hollywood mandatory, Actually it is. But what's interesting is if
- 1:04:35Speaker 1: you look at the polling of parents of Floridians who
- 1:04:38Speaker 1: read the terms of this law, which is let's not
- 1:04:41Speaker 1: teach little bitty kids about sex, the overwhelming majority of
- 1:04:46Speaker 1: Floridians agreed with it, including the majority of Democrats in Florida.
- 1:04:50Speaker 1: So it's the cultural elites who are like, how dare
- 1:04:54Speaker 1: you silence these brave truth tellers. You can do all
- 1:04:58Speaker 1: the brave, brave truth telling you one outside of the
- 1:05:01Speaker 1: kindergarten classroom. Ye. Now, as usual, we're running extremely late.
- 1:05:07Speaker 1: This is every episode of the show. But before we go,
- 1:05:09Speaker 1: I do want to get to one more question. Let's
- 1:05:11Speaker 1: do two question. Whoever's next in line? Go ahead, sir,
- 1:05:15Speaker 1: Thank you, Hello, Senator Cruz, thanks for coming out. I
- 1:05:18Speaker 1: really appreciate you being here making the trip. My name
- 1:05:20Speaker 1: is Jamark Simon and my question for you, Senator Cruz,
- 1:05:24Speaker 1: is so, according to the Texas Tribune, you refused to
- 1:05:27Speaker 1: certify the Arizona presidential election results, But most Republicans like
- 1:05:32Speaker 1: Mitch McConnell, have admitted that Joe Biden. One, do you
- 1:05:35Speaker 1: think Joe Biden legitimately won the twenty twenty election? Why
- 1:05:38Speaker 1: are I not? Okay? Great question. Look, Joe Biden is
- 1:05:51Speaker 1: indisputably the president of the United States today. Now there
- 1:05:55Speaker 1: are those in the media world that love to go
- 1:05:59Speaker 1: around to Republicans and ask variants of the following question,
- 1:06:04Speaker 1: do you agree the twenty twenty election was fair and
- 1:06:08Speaker 1: straight and everything was above board? And the answer that
- 1:06:13Speaker 1: is no. In the twenty twenty election, there were widespread
- 1:06:17Speaker 1: allegations of voter fraud. If you looked at polling at
- 1:06:21Speaker 1: the time, thirty nine percent of Americans, nearly half believe
- 1:06:27Speaker 1: the election had been stolen. That is very disturbing for
- 1:06:32Speaker 1: anyone that wants to see the American people have faith
- 1:06:36Speaker 1: in our democratic system. As we were going to January sixth,
- 1:06:43Speaker 1: under legislation called the Electoral Count Act, if a House
- 1:06:47Speaker 1: member and a Senator objects to the counting of electoral votes,
- 1:06:51Speaker 1: the two chambers split up into separate chambers, we have
- 1:06:54Speaker 1: two hours of debate and we vote on it. And
- 1:06:59Speaker 1: I spent days and weeks struggling about how to vote.
- 1:07:03Speaker 1: And here was my thinking. As I struggled with it
- 1:07:07Speaker 1: if I vote no, if I voted against an objection,
- 1:07:11Speaker 1: that will be heard and that will be understood by
- 1:07:14Speaker 1: tens of millions of Americans. As my saying, voter fraud
- 1:07:19Speaker 1: isn't real, it doesn't exist, it's not a real problem,
- 1:07:22Speaker 1: and that is not what I believe. That is emphatically
- 1:07:25Speaker 1: the opposite of what I believe. So I didn't like
- 1:07:27Speaker 1: that option. On the other hand, to simply object to
- 1:07:32Speaker 1: the certification of the election because your guide didn't win,
- 1:07:35Speaker 1: because the candidate you're supporting didn't win, I think that's
- 1:07:39Speaker 1: completely unprincipled and indefensible. So I didn't like that option.
- 1:07:44Speaker 1: And so I'm looking at these two options going both
- 1:07:46Speaker 1: of these options suck. So I did what lawyers often do,
- 1:07:51Speaker 1: which is try to study history to see if there
- 1:07:54Speaker 1: are any press precedents from which we can draw insight.
- 1:07:59Speaker 1: And as i history, I focused in particular on the
- 1:08:03Speaker 1: presidential election of eighteen seventy six. That was an election
- 1:08:07Speaker 1: between Rutherford B. Hayes and Samuel Tilden. Now, in that election,
- 1:08:11Speaker 1: it was a very close election. It was a nasty,
- 1:08:14Speaker 1: divisive election. In that election, there were serious allegations of
- 1:08:19Speaker 1: voter fraud in three different states. And what did Congress
- 1:08:24Speaker 1: do facing that at those allegations of voter fraud. Congress
- 1:08:27Speaker 1: didn't throw their hands in the air and say, Okay,
- 1:08:30Speaker 1: there's nothing we could do. This is terrible, but we're powerless.
- 1:08:34Speaker 1: Oh well, that's not what Congress did. What Congress did
- 1:08:38Speaker 1: is they appointed what they called an electoral commission. It
- 1:08:43Speaker 1: consisted of five House members, five senators, and five Supreme
- 1:08:48Speaker 1: Court justices. And that electoral commission conducted an audit of
- 1:08:52Speaker 1: the election results in the three challenge states and examined
- 1:08:56Speaker 1: the actual evidence and made determinations about the allegations of
- 1:09:01Speaker 1: voter fraud. The more I looked at it, the better
- 1:09:04Speaker 1: that precedent seemed to me. And so as we were
- 1:09:08Speaker 1: heading into January, first, I was headed back to DC.
- 1:09:11Speaker 1: Initially I was just going to announce this is what
- 1:09:14Speaker 1: I think we should do, and i'd actually typed up
- 1:09:16Speaker 1: a two page statement. Was on Southwest Airlines flying from
- 1:09:20Speaker 1: Houston back to DC and with my laptop typed up
- 1:09:23Speaker 1: a two page statement. But then as I thought about it,
- 1:09:26Speaker 1: I decided, you know, it would be better not to
- 1:09:30Speaker 1: do this alone, but to try to assemble a coalition together.
- 1:09:36Speaker 1: And so I began visiting with other senators, and in
- 1:09:38Speaker 1: the next twenty four hours a total of eleven senators
- 1:09:42Speaker 1: joined together and we put out a joint statement in
- 1:09:45Speaker 1: which we said we were going to object to the
- 1:09:47Speaker 1: results of the election in order to call for the
- 1:09:51Speaker 1: appointment of an election commission to conduct an emergency ten
- 1:09:56Speaker 1: day audit. Now, if that happens on January sixth, it
- 1:09:59Speaker 1: means the audit be completed before January twentieth, So wouldn't
- 1:10:02Speaker 1: delay the inauguration and have a determination on the allegations
- 1:10:07Speaker 1: of voter fraud. I continue to believe if Congress had
- 1:10:11Speaker 1: done this, you would have much greater confidence in the election.
- 1:10:15Speaker 1: And as I stood on the Senate floor and you
- 1:10:17Speaker 1: can watch, I gave a five minute speech on the
- 1:10:19Speaker 1: Senate floor advocating for this. I turned to the Democrats
- 1:10:23Speaker 1: and I said, look, all of you insist on TV
- 1:10:26Speaker 1: there is no voter fraud. It doesn't exist. Well, if
- 1:10:29Speaker 1: you're right, you should welcome the election Commission, because presumably
- 1:10:35Speaker 1: if the evidence doesn't back up the claims, that's what
- 1:10:37Speaker 1: the commission will determine. And you know, Senator, there is
- 1:10:41Speaker 1: actually one other historical tidbit here. I know you mentioned
- 1:10:44Speaker 1: the first Caveman election where they elected the Grand poobab.
- 1:10:48Speaker 1: Joe Biden was actually at that election. Did you know
- 1:10:50Speaker 1: that he was? He was in the Caveman Senate and
- 1:10:53Speaker 1: no item. This seems like a reasonable proposal that you're describing,
- 1:10:58Speaker 1: and it continues to be It continues to be trotted
- 1:11:01Speaker 1: out in the media as evidence that Republicans don't accept
- 1:11:04Speaker 1: election results. There is another irony to that, which is
- 1:11:07Speaker 1: a poll some months ago showed that a higher percentage
- 1:11:10Speaker 1: of Democrats don't believe the results of the twenty sixteen election.
- 1:11:13Speaker 1: Then Republicans disbelieve the results of the twenty twenty election.
- 1:11:16Speaker 1: It is true. Hillary Clinton went all over the country
- 1:11:18Speaker 1: saying the election was stolen. The election was stolen. Stacy
- 1:11:21Speaker 1: Abram still says she is the sitting governor of Georgia
- 1:11:24Speaker 1: and president of Earth too, according to start. Okay, that's true.
- 1:11:27Speaker 1: All right, that was just annoying. All right, let's do
- 1:11:30Speaker 1: one final question. Thank you, sir, Senator Cruz, thank you
- 1:11:36Speaker 1: for coming. My name is Nicola Ryan Schreiber. And in
- 1:11:39Speaker 1: the year nineteen seventy one, the US moved off the
- 1:11:41Speaker 1: gold standard, and ever since, the centralization of power around
- 1:11:46Speaker 1: the ability to print money has been the greatest power
- 1:11:49Speaker 1: essentially on Earth, and power creups and absolute power crups absolutely.
- 1:11:53Speaker 1: And what I have been dismayed to see that is
- 1:11:55Speaker 1: that most conservatives, where they claim to say that they
- 1:12:00Speaker 1: want smaller government, at the moment that they have their
- 1:12:02Speaker 1: hand on the money printer, they let money printer go burr.
- 1:12:06Speaker 1: And this is consistent in the last fifty years. And
- 1:12:10Speaker 1: so I'm curious now, with the creation of the hardest
- 1:12:13Speaker 1: money that has ever been created, Bitcoin, how would you
- 1:12:16Speaker 1: feel about moving to a bitcoin standard. So, look, that
- 1:12:21Speaker 1: is a great question, and thank you for that question.
- 1:12:24Speaker 1: Let me take a couple of pieces of it. There's
- 1:12:26Speaker 1: no doubt that when the United States moved off the
- 1:12:28Speaker 1: gold standard, it facilitated a massive inflation of our currency.
- 1:12:35Speaker 1: It made it easier for government to print money and
- 1:12:39Speaker 1: for politicians. Look, it's actually easy to reach a bipartisan
- 1:12:43Speaker 1: deal in Washington. The way you do it is you
- 1:12:46Speaker 1: sit down with everyone in the room and we say
- 1:12:48Speaker 1: we'll spend a billion for you, billion for you, a
- 1:12:50Speaker 1: billion for you, a billion for you. You get to
- 1:12:51Speaker 1: a trilia, you're done. And on that deal you get
- 1:12:55Speaker 1: all the Democrats and you get half to two thirds
- 1:12:58Speaker 1: of the Republicans, and in the Senate they're consistently about
- 1:13:02Speaker 1: twenty of us who object to excessive spending, who try
- 1:13:08Speaker 1: to fight for spending restraint, but sadly you often see
- 1:13:14Speaker 1: the vote about eighty to twenty. The massive spending in
- 1:13:19Speaker 1: Washington is what is fueling the inflation that is hurting
- 1:13:23Speaker 1: the American people so profoundly right now, and it is
- 1:13:27Speaker 1: one of the things that is fueling the move to bitcoin.
- 1:13:30Speaker 1: And as you may know, I am a huge proponent
- 1:13:32Speaker 1: of bitcoin. I'm a huge proponent of cryptocurrency. I think
- 1:13:36Speaker 1: it is an incredibly important innovation. I think one of
- 1:13:39Speaker 1: the reasons I personally am an investor in bitcoin, one
- 1:13:43Speaker 1: of the reasons that you were seeing people move to
- 1:13:46Speaker 1: bitcoin is exactly what you said as a hedge to inflation,
- 1:13:51Speaker 1: that bitcoin by design cannot go over twenty one million bitcoin.
- 1:13:57Speaker 1: It's a finite sum. And at the end of the day,
- 1:14:00Speaker 1: a currency is a means of exchange in a way
- 1:14:03Speaker 1: of setting value of one item visa v Another item.
- 1:14:07Speaker 1: And one of the ways to understand inflation is if
- 1:14:11Speaker 1: an apple is a dollar and a banana is two dollars,
- 1:14:16Speaker 1: and you double the number of dollars on planet Earth. Then,
- 1:14:20Speaker 1: roughly speaking, you would expect the apple to be two
- 1:14:22Speaker 1: dollars in the banana to be four dollars. Now, the
- 1:14:24Speaker 1: math doesn't work out exactly the same, but that's the principle,
- 1:14:29Speaker 1: is that currency gives the relative values of one girder
- 1:14:32Speaker 1: service visa v another. When you have politicians devaluing everyone's
- 1:14:37Speaker 1: goods and services, they look for other ways to store value.
- 1:14:41Speaker 1: It's why people in times of inflation are drawn to gold,
- 1:14:44Speaker 1: or drawn to silver, or drawn to real estate or
- 1:14:47Speaker 1: commodities other hard assets as it hedges to inflation. So
- 1:14:52Speaker 1: I am a big proponent a bitcoin. I think the
- 1:14:56Speaker 1: single greatest threat to bitcoin and crypto is Washington politicians
- 1:15:02Speaker 1: screwing it up, and it is a very real threat.
- 1:15:05Speaker 1: You asked if I would support our going to it
- 1:15:08Speaker 1: as as legal tender. Look, I'm not looking for the
- 1:15:12Speaker 1: government to make the choice to supplant the dollar. I
- 1:15:16Speaker 1: know there are a lot in the bitcoin community that
- 1:15:18Speaker 1: believe it will inevitably go that way, and if it does,
- 1:15:21Speaker 1: I'm fine with that too, But I don't think you
- 1:15:25Speaker 1: should have a government mandate to make it so. But
- 1:15:29Speaker 1: I think it is important. I think the bitcoin community
- 1:15:33Speaker 1: in the crypto community writ large is an incredibly blossoming industry.
- 1:15:39Speaker 1: China just shut it down. Texas is becoming ground zero
- 1:15:43Speaker 1: for bitcoin and crypto. I want to welcome everyone to Texas,
- 1:15:48Speaker 1: and I think, I actually think the bitcoin world is
- 1:15:53Speaker 1: at a fork in the road, an awful lot like
- 1:15:56Speaker 1: big tech was about fifteen years ago. We're big tech
- 1:16:00Speaker 1: in Silicon Valley. It could have gone one road to
- 1:16:03Speaker 1: being a libertarian utopia. Lead me alone, let us be
- 1:16:08Speaker 1: free and innovate, or it could have gone the road
- 1:16:10Speaker 1: it shows, which is a woke, scolding, censoring, socialist mob,
- 1:16:17Speaker 1: and unfortunately it shows the latter. My hope is that
- 1:16:21Speaker 1: bitcoin and crypto chooses the former, and so I think
- 1:16:26Speaker 1: we ought to be looking for ways to encourage innovation
- 1:16:31Speaker 1: and development in bitcoin and crypto more broadly. Now, I
- 1:16:35Speaker 1: want to thank you. That was an excellent question. I
- 1:16:37Speaker 1: want to thank everyone out there who had questions. I
- 1:16:39Speaker 1: want to thank our Verdict plus community. I want to
- 1:16:42Speaker 1: thank Carol Brown and the Irving Brown Lecture series. I
- 1:16:45Speaker 1: want to thank the William F. Buckley Junior Program at Yale.
- 1:16:47Speaker 1: I want to thank Young America's Foundation. I want to
- 1:16:50Speaker 1: thank our friend Liz Wheeler, host of the Liz Wheelers
- 1:16:52Speaker 1: Show and Cloak Room over a Verdict plus. Senator, I
- 1:16:55Speaker 1: always want to thank you and I want to thank
- 1:16:56Speaker 1: everyone who has tuned in here in the room. I
- 1:16:59Speaker 1: want to thank everyone who's tuned in on YouTube. This
- 1:17:02Speaker 1: has been a wonderful time with all of you. Ye
- 1:17:04Speaker 1: thank you. So I'm Michael Michael Ols. This is Verdict
- 1:17:07Speaker 1: the Ted Cruise. This episode of Verdict with Ted Cruz
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