Latest / The Ben Ferguson Podcast / Why We Should Designate the Muslim Brotherhood as a Terrorist Organization, plus IRS Concludes Churches Can Endorse Candidates & NYT Reports Biden Unaware of Many Autopen Pardons
Transcript
- 0:01Speaker 1: Welcome in his verdict with Center, Ted Kruz Ben Ferguson
- 0:04Speaker 1: with you. It's nice to have you, and we've got
- 0:07Speaker 1: some very interesting legislation that you are heading up that
- 0:11Speaker 1: is making waves.
- 0:13Speaker 2: Fill people in on what you're wanting to do well.
- 0:16Speaker 3: This week, I introduced legislation to designate the Muslim Brotherhood
- 0:20Speaker 3: as a terrorist organization. This is a fight I've been
- 0:23Speaker 3: fighting for over a decade. I think the Muslim Brotherhood
- 0:26Speaker 3: clearly is a terrorist organization. It is profoundly dangerous, and
- 0:30Speaker 3: I think we are closer right now to victory on
- 0:32Speaker 3: this issue than we ever have been. We're going to
- 0:35Speaker 3: do a deep dive, explain the background, what the issues are,
- 0:39Speaker 3: why we're close to victory, and what that would mean.
- 0:42Speaker 3: We're also going to talk about an amazing development, a
- 0:44Speaker 3: really important development, which is the IRS has now said
- 0:48Speaker 3: explicitly that churches and pastors can endorse political candidates. That
- 0:56Speaker 3: is a big, big deal. For a long time, there
- 0:59Speaker 3: was legislation known as the Johnson Amendment that was interpreted
- 1:03Speaker 3: as stripping the ability of pastors and churches to express
- 1:06Speaker 3: their views on politics. The IRS entered into a consent
- 1:10Speaker 3: agreement that now makes clear churches and pastors can can
- 1:14Speaker 3: tell their congregations exactly what they think about politics.
- 1:18Speaker 4: That's a big, big deal.
- 1:20Speaker 3: And finally, The New York Times, in a shocking expose,
- 1:25Speaker 3: looked at the Biden autopen scandal and they reported that
- 1:31Speaker 3: from for a significant portion of the autopenned pardons that
- 1:35Speaker 3: Joe Biden signed, that he was not individually aware of
- 1:40Speaker 3: who it was that was getting pardoned. That is incredibly consequential.
- 1:44Speaker 3: It means as a legal matter, those pardons are null
- 1:48Speaker 3: and void. We're going to explain all of that right now.
- 1:51Speaker 1: Yeah, it's a really interesting story. We're going to have
- 1:53Speaker 1: all those details for you in just a moment. Let
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- 3:56Speaker 1: you said that twenty This has been something I should say,
- 3:59Speaker 1: for well over a decade you have been working on
- 4:03Speaker 1: and I am shocked why there is so much pushback.
- 4:07Speaker 1: Give a little background on the Muslim Brotherhood. Let's start
- 4:10Speaker 1: there for people that may not realize what this global
- 4:13Speaker 1: organization is, what they do, and why you think that
- 4:18Speaker 1: they need to be included and designated as a terrorist organization.
- 4:22Speaker 3: Sure, the Muslim Brotherhood is a global Islamist violent organization.
- 4:29Speaker 3: It was founded in nineteen twenty eight in Egypt. It
- 4:33Speaker 3: was a fringe group for the first few decades, and
- 4:36Speaker 3: then it grew dramatically inside of Egypt and then it
- 4:39Speaker 3: spread beyond. The Muslim Brotherhood has branches and countries and
- 4:43Speaker 3: territories all over the world, and they are openly committed
- 4:48Speaker 3: to seizing control of those countries and seizing control of
- 4:52Speaker 3: those territories. They explicitly intend to use violent jihad to
- 5:00Speaker 3: overthrow non Islamist governments. During the Obama administration, they did.
- 5:07Speaker 3: They seized control of Egypt. Mohammed Morci and the Muslim
- 5:12Speaker 3: Brotherhood seized control until they were ultimately overthrown by the
- 5:15Speaker 3: Egyptian army. By the way, when when the Muslim Brotherhood
- 5:19Speaker 3: took over Egypt, the Obama administration cheered them on. And
- 5:25Speaker 3: how do we know that the Muslim Brotherhood supports terrorism
- 5:28Speaker 3: because several of their branches are explicit terrorist organizations. Among
- 5:36Speaker 3: those is Hamas, which everyone listening to this podcast knows about.
- 5:41Speaker 4: Hamas.
- 5:42Speaker 3: Yeah, Hamas is one of the wings of the Muslim Brotherhood.
- 5:47Speaker 3: They also include other groups that folks may not have
- 5:51Speaker 3: heard about, like Hassim and Leewa al Thawrah, both of
- 5:58Speaker 3: which the State Departman says have been associated with the
- 6:01Speaker 3: Egyptian Muslim Brotherhood, and they are branches that have already
- 6:06Speaker 3: been formally designated as terrorist groups. Other Brotherhood branches are
- 6:11Speaker 3: committing terrorism right now, but they haven't yet been formally designated.
- 6:16Speaker 3: Just a few weeks ago, the Jordanian government disrupted attacks
- 6:20Speaker 3: being planned by Brotherhood members, and police raided the Islamic
- 6:26Speaker 3: Action Front, which is the Jordanian Muslim Brotherhood branch.
- 6:32Speaker 2: You hear that.
- 6:33Speaker 1: And then the question that I think some of people
- 6:35Speaker 1: listening and I'm thinking my head right now, is Okay,
- 6:39Speaker 1: if there is such a long history, why did it
- 6:42Speaker 1: take so long for us to even get to the
- 6:43Speaker 1: point they're at right now? If it's been this clear
- 6:46Speaker 1: that their terrorist organization? And then the second part is,
- 6:50Speaker 1: then why in the past, even after whether it was
- 6:53Speaker 1: nine to eleven or other attacks that we've seen around
- 6:55Speaker 1: the world, why haven't they already been listened as a
- 6:57Speaker 1: terrorist organization.
- 6:59Speaker 3: Well, so, it's a complicated story, and it basically comes
- 7:02Speaker 3: down to the messed up politics inside the American Democrat Party.
- 7:08Speaker 3: A bunch of our allies have already designated the entire
- 7:12Speaker 3: Muslim Brotherhood is a terrorist organization in.
- 7:15Speaker 4: The Middle East.
- 7:16Speaker 3: Bahrain has done so, Egypt has done so, Jordan has
- 7:21Speaker 3: done so, Saudi Arabia has done so. The UAE has
- 7:24Speaker 3: done so in Europe. Austria has designated the Muslim Brotherhood
- 7:29Speaker 3: as a haarrist organization. There's a bill right now in
- 7:31Speaker 3: Germany to designate it, and French intelligence has described the
- 7:35Speaker 3: Muslim Brotherhood as quote a threat to national cohesion. British
- 7:40Speaker 3: officials say the Brotherhood is right now under surveillance under
- 7:46Speaker 3: their anti extremism laws. So the question is why is
- 7:51Speaker 3: America lagging behind? And I'll tell you We've done it.
- 7:55Speaker 3: I've been pushing to do this for over a decade.
- 8:00Speaker 3: You're in the one hundred and nineteenth Congress right now.
- 8:02Speaker 3: I introduced versions of this bill in the one hundred
- 8:05Speaker 3: and fourteenth Congress in twenty fifteen, in the one hundred
- 8:08Speaker 3: and fifteenth Congress in twenty seventeen, and the one hundred
- 8:11Speaker 3: and sixteenth Congress in twenty twenty, and in the one
- 8:15Speaker 3: hundred and seventeenth Congress in twenty twenty one. And the
- 8:20Speaker 3: reason that it hasn't gone anywhere is that Democrats oppose it. Now,
- 8:27Speaker 3: it seems weird. Why would a why would progressives embrace
- 8:32Speaker 3: a fundamentalist Islamist jihadist organization which is openly and brazenly
- 8:38Speaker 3: against rights for women, openly and brazenly against rights for homosexuals.
- 8:44Speaker 3: But to the left, they do it because the Muslim
- 8:47Speaker 3: Brotherhood is also anti American and it wants to see
- 8:51Speaker 3: Israel destroyed. And there is a significant chunk of today's
- 8:55Speaker 3: left that celebrates with the anti Israel hatred, that celebrates
- 9:01Speaker 3: with Amas, and and that celebrates attacks on America.
- 9:06Speaker 1: If I remember correctly, the Muslim Brotherhood was also if
- 9:09Speaker 1: we go back to Obama's years, somewhat normalized as well.
- 9:13Speaker 2: Right.
- 9:14Speaker 3: Yeah, look when when the Muslim Brotherhood was running Egypt.
- 9:18Speaker 3: When when when they they took it over, Mohammed Morsey
- 9:21Speaker 3: was was there? You may remember there were a million
- 9:23Speaker 3: people that showed up in the streets of Cairo protesting
- 9:26Speaker 3: against the Muslim Brotherhood because the people of Egypt did
- 9:29Speaker 3: not want to live under Jahadis, They did not want
- 9:32Speaker 3: to live under enforced Sharia law. And at the time,
- 9:36Speaker 3: it was amazing. There were signs that you could see
- 9:41Speaker 3: in this crowd of a million Egyptians protesting, signs that
- 9:45Speaker 3: said Obama supports the Muslim Brotherhood.
- 9:48Speaker 4: Uh.
- 9:48Speaker 3: The ambassador, Obama's ambassador at the time to Egypt was
- 9:51Speaker 3: a woman named Ann Patterson. There were signs pictures of
- 9:54Speaker 3: her saying Ann Patterson supports Mohammed Morsey. The Obama administration
- 9:59Speaker 3: leaned in aggressively supporting the Brotherhood. And and in fact,
- 10:05Speaker 3: when when Alceci was the current leader of of of
- 10:08Speaker 3: Egypt took over, when the army took over, the Obama
- 10:11Speaker 3: administration was vocally against that. Now Alcci is an ally
- 10:15Speaker 3: of America. Alceci is locking up Jihadis and radical Islamic
- 10:19Speaker 3: terrorists who want to murder us. And bizarrely, the Obama
- 10:23Speaker 3: administration got very angry with them, withhold weapons from them,
- 10:27Speaker 3: put pressure on them because they didn't like that that
- 10:31Speaker 3: that the current Egyptian government was standing up to the
- 10:34Speaker 3: Muslim Brotherhood. And if you fast forward to the Biden administration,
- 10:38Speaker 3: the Biden administration basically restored the old Obama policies of
- 10:43Speaker 3: embracing the Muslim Brotherhood. And and not only that, they
- 10:48Speaker 3: sent hundreds of millions of dollars maybe even billions of
- 10:50Speaker 3: dollars UH to Gaza, knowing that Gaza was controlled by
- 10:55Speaker 3: Hamas and knowing that it would go directly into the
- 10:57Speaker 3: hands of Hamas.
- 10:59Speaker 2: Yeah, and that.
- 10:59Speaker 1: Is when I look at this. And then you go
- 11:02Speaker 1: back and you say, okay, all this is happening. You
- 11:05Speaker 1: announced that you're doing this bill several weeks ago, in fact,
- 11:08Speaker 1: you announced it on AX and I remember in that
- 11:11Speaker 1: post that you said you were introducing a modernized version
- 11:14Speaker 1: of your bill.
- 11:15Speaker 2: Explain exactly what that means.
- 11:18Speaker 1: How is this one different, and what changes were made
- 11:22Speaker 1: and why they're so important? And could this help this
- 11:25Speaker 1: possibly become something that is bipartisan or is there no
- 11:28Speaker 1: way that's going to happen.
- 11:29Speaker 3: Well, it might, and actually it is bipartisan right now
- 11:34Speaker 3: in the House. So I've introduced the bill in the
- 11:38Speaker 3: Senate and I have a total of five senators on
- 11:41Speaker 3: my bill right now.
- 11:43Speaker 4: They're all Republican.
- 11:44Speaker 3: I am trying to convince a Democrat senator to support it.
- 11:48Speaker 3: In the House, the same bill is being led by
- 11:51Speaker 3: two representatives from Florida, Mario Diaz Billard, a Republican, a
- 11:55Speaker 3: fellow Cuban American, a good friend, and Jared Moskovitz. And
- 11:59Speaker 3: Jared is a Democrat. So in the House we have
- 12:01Speaker 3: Democrat supporters bipartisan support. That is encouraging. But you asked
- 12:09Speaker 3: how we modernize the bill in the past, both in
- 12:13Speaker 3: Congress and in the Trump forty five White House. We
- 12:17Speaker 3: took a top down approach to listing the entire Brotherhood,
- 12:22Speaker 3: and the idea was to designate the global Muslim Brotherhood
- 12:25Speaker 3: and then all of its branches. Now, the challenge and
- 12:28Speaker 3: some of the pushback we got is that not every
- 12:31Speaker 3: one of the Brotherhood branches is currently violent, and so
- 12:36Speaker 3: each of the branches doesn't necessarily meet the criteria for designation,
- 12:40Speaker 3: and that was an argument critics used to try to
- 12:43Speaker 3: block the designation. This new bill instead uses a bottoms
- 12:48Speaker 3: up approach. We start by identifying all the branches that
- 12:54Speaker 3: the Muslim Brotherhood supports that are terrorist groups or that
- 12:57Speaker 3: commit terrorism, and then we designate the entire Brotherhood for
- 13:03Speaker 3: that support. In other words, we build up with what
- 13:05Speaker 3: is explicitly and indisputably terrorist, and then we designate the
- 13:09Speaker 3: Brotherhood as a whole for supporting those terrorist groups.
- 13:14Speaker 1: So do you think this approach will actually work moving forward?
- 13:18Speaker 1: Is this something that you say is going to be
- 13:21Speaker 1: more palatable for people and also easier sale.
- 13:25Speaker 4: Well, look, I think it could work.
- 13:27Speaker 3: We use the exact same approach during the Trump forty
- 13:30Speaker 3: five administration to list Iran's Islamic Revolutionary Guard Corp. That
- 13:36Speaker 3: the IRGC in twenty seventeen, and Congress mandated that action
- 13:41Speaker 3: through legislation, and then the Treasury Department implemented our mandate
- 13:46Speaker 3: by listing the IRGC for supporting one of its branches,
- 13:50Speaker 3: the IRGC Quood's Force, which is undoubtedly a terrorist organization.
- 13:56Speaker 4: So it worked.
- 13:58Speaker 3: And to get technical for sex, there are three different
- 14:01Speaker 3: ways to list terrorist groups. Congress can do it through
- 14:07Speaker 3: the Anti Terrorism Act of nineteen eighty seven, which is
- 14:09Speaker 3: how the PLO is listed. The State Department can do
- 14:12Speaker 3: it by labeling a group as a foreign Terrorist organization,
- 14:17Speaker 3: or the Treasury Department can do it by labeling a
- 14:19Speaker 3: group what is called a specially designated Global Terrorist. My
- 14:24Speaker 3: bill does all three, and so it's belts and suspenders
- 14:29Speaker 3: on the global Muslim Brotherhood. And that results in immediate
- 14:35Speaker 3: and devastating sanctions, and it gives law enforcement greater tools
- 14:40Speaker 3: to go after not just the Muslim Brotherhood, but those
- 14:42Speaker 3: who are financially supporting it. Now you asked, can it happen?
- 14:48Speaker 3: It can? We have one Democrat in the House. I'm
- 14:52Speaker 3: hoping we will get one or more Democrats in the Senate.
- 14:54Speaker 3: We don't right now. I've had conversations today with Democrats
- 14:58Speaker 3: trying to get them on board. There are two paths
- 15:02Speaker 3: for this to go forward. One, I think it would
- 15:05Speaker 3: make a very good sense for us to vote on
- 15:07Speaker 3: it on the Senate floor, for John Thune to bring
- 15:10Speaker 3: it up and make senators vote. Most of the Democrats
- 15:13Speaker 3: are going to vote no, because, for whatever reason, the
- 15:17Speaker 3: Democrat ideology. These are the same Democrats that are terrified
- 15:21Speaker 3: to announce the anti Israel antisemitic protests on campuses. These
- 15:26Speaker 3: are the same Democrats that are really frightened of the
- 15:28Speaker 3: pro Hamas wing of their party, and the pro Hamas wing,
- 15:31Speaker 3: as we talked about, Hamas is explicitly an arm of
- 15:35Speaker 3: the Muslim brotherhood. So most of the Democrats would be
- 15:38Speaker 3: a no. I think it'd be valuable to get them
- 15:40Speaker 3: on record, force them to vote. But I'll tell you
- 15:44Speaker 3: what I think the real path the success will be
- 15:47Speaker 3: is that we're going to lead the fight in the Senate.
- 15:49Speaker 3: I hope we tee this up for a vote, and
- 15:53Speaker 3: if the Democrats block it, which in all likelihood they will,
- 15:56Speaker 3: they have.
- 15:57Speaker 4: For a decade.
- 15:59Speaker 3: What I think is going to have and is I
- 16:00Speaker 3: think the President is going to do this through an
- 16:02Speaker 3: executive order and I'm certainly urging President Trump to designate
- 16:06Speaker 3: the Muslim Brotherhood as a terrorist organization through an executive order,
- 16:10Speaker 3: and I think the fight that I'm leading in the
- 16:13Speaker 3: Senate helps build momentum for the President to step in
- 16:18Speaker 3: and make this designation.
- 16:20Speaker 4: I think it's going to happen. I think we're going
- 16:21Speaker 4: to see it happen this term.
- 16:23Speaker 1: Final question on this for people that are listening, This
- 16:25Speaker 1: is why I love doing the show.
- 16:27Speaker 2: People want to get involved. What can they do?
- 16:30Speaker 1: Should they be calling their Congress and their centaters, and
- 16:32Speaker 1: should they be reaching out to the White House as well?
- 16:35Speaker 3: Yes, yes, yes, absolutely speak out. Call your senator, call
- 16:39Speaker 3: your house member, tell them to support my legislation designating
- 16:43Speaker 3: the Muslim Brotherhood as a terrorist organization. Get on social media,
- 16:48Speaker 3: speak out, use your voice, and by the way, share
- 16:50Speaker 3: this podcast. This podcast lays out all the facts and
- 16:53Speaker 3: so if you want people to know about this, share
- 16:56Speaker 3: this podcast with others so that they can know the
- 16:59Speaker 3: facts and build momentum. Because really, what we're trying to
- 17:02Speaker 3: do through this fight is build momentum that will encourage
- 17:06Speaker 3: the White House to designate the Muslim Brotherhood, which would
- 17:09Speaker 3: be a big, big deal if and when we get
- 17:12Speaker 3: this done.
- 17:12Speaker 1: Yeah, we're going to keep you updated on this because
- 17:14Speaker 1: I mean this could be something that could take obviously
- 17:16Speaker 1: weeks or months, right, I mean that's a realistic timeline, absolutely,
- 17:20Speaker 1: So we'll keep you update on it. But I love
- 17:22Speaker 1: that we got to start with this. This is something
- 17:24Speaker 1: you may hear nowhere else. Make sure you share the podcast.
- 17:27Speaker 3: All right.
- 17:27Speaker 1: I want to move on to this other issue center,
- 17:29Speaker 1: and that is the IRAS is now saying churches can
- 17:33Speaker 1: endorse candidates. I want to be clear. When I first
- 17:36Speaker 1: saw this headline, I'm like, hold on. Many on the
- 17:40Speaker 1: Democrat side have been doing this.
- 17:42Speaker 3: For years, and I know it's a complete double standard.
- 17:46Speaker 3: You see Democrats that they go and campaign in frequently
- 17:51Speaker 3: African American churches and pastors and endorse Democrats openly and brazenly.
- 17:57Speaker 4: They have for a long time.
- 17:59Speaker 3: Nevertheless, that there is a provision of the United States Code.
- 18:03Speaker 3: It's known as the Johnson Amendment, and it is part
- 18:06Speaker 3: of of twenty six USC. Section five oh one c
- 18:09Speaker 3: three that threatens to strip nonprofits of their tax exempt
- 18:13Speaker 3: status should they quote participate in or intervene in any
- 18:20Speaker 3: political campaign. And for many years, pastors and churches particularly
- 18:26Speaker 3: those right of center, have been afraid to be explicit
- 18:30Speaker 3: about politics because the consequence they feared was that was
- 18:37Speaker 3: that their tax exempt status would be stripped away. Now,
- 18:40Speaker 3: from the day the Johnson Amendment was passed, no church
- 18:43Speaker 3: has ever had its tax exempt status stripped for speaking
- 18:47Speaker 3: out under about politics. But nonetheless, a lot of pastors
- 18:53Speaker 3: self censor and are afraid to say say their own
- 18:58Speaker 3: views about about what they think the Bible teaches about
- 19:01Speaker 3: issues of public policy, about issues of politics. And just
- 19:07Speaker 3: last week on July seventh, the IRS agreed in a
- 19:10Speaker 3: court filing that churches can now endorse political candidates at
- 19:15Speaker 3: the pulpit, and the IRS created an exception to the
- 19:19Speaker 3: Johnson Amendment. The IRS reasoned that churches endorsing political candidates
- 19:28Speaker 3: resembles a family discussion concerning candidates, and therefore communications from
- 19:33Speaker 3: houses of worship to its congregation on matters of faith
- 19:37Speaker 3: involving electoral politics do not run a foul of the
- 19:41Speaker 3: Johnson Amendment.
- 19:42Speaker 1: This is one of those moments where I actually think
- 19:45Speaker 1: this is going to just be massive to level the
- 19:47Speaker 1: playing field, as you mentioned a moment ago, because it's
- 19:50Speaker 1: been happening on the left for so long and there
- 19:53Speaker 1: have been a lot of, like you said, pastors, pastors
- 19:55Speaker 1: that I know personally that we're afraid to talk about
- 19:57Speaker 1: politics or even the election day outside of like hey,
- 20:01Speaker 1: remember to vote, a registered to vote, but like not
- 20:03Speaker 1: getting into the issues, not getting into the candidates. And
- 20:06Speaker 1: this is I think great that many Christians, in many churches,
- 20:11Speaker 1: many pastors are now going to be freed up to
- 20:13Speaker 1: actually preach what they believe the Bible says about biblical
- 20:16Speaker 1: issues that are in the political realm. Abortion is a
- 20:19Speaker 1: great example of that.
- 20:21Speaker 3: Yeah, and and and this was teed up. This came
- 20:24Speaker 3: through litigation, and it was a lawsuit National Religious Broadcasters
- 20:29Speaker 3: versus long Billy long As is the commissioner of the
- 20:32Speaker 3: i r S and National Religious Broadcasters sued the i
- 20:37Speaker 3: r S and and they argue that the Johnson Amendment
- 20:39Speaker 3: violated the church's First Amendment rights. And they filed the
- 20:44Speaker 3: case in the Eastern District of Texas. They were before
- 20:46Speaker 3: a Judge Cam Barker, who I helped select.
- 20:50Speaker 4: To be on the bench.
- 20:51Speaker 3: He's a strong principled conservative and a constitutionalist. And they
- 20:58Speaker 3: were litigating before Judge Barker in Texas, and the IRS
- 21:02Speaker 3: decided to settle this matter, and the IRS settled this matter.
- 21:06Speaker 3: And this is one of the advantages of winning elections.
- 21:08Speaker 3: When you win elections, you control the executive branch. And
- 21:11Speaker 3: when you control the executive branch, you can decide to
- 21:14Speaker 3: settle litigation. And so the IRS signed a joint consent
- 21:18Speaker 3: judgment that expressly stipulates churches may endorse candidates or promote
- 21:26Speaker 3: political issues without risking their taxes m status. And here's
- 21:29Speaker 3: what the Irs said. When churches address political matters quote
- 21:34Speaker 3: through the lens of religious faith, it neither participates nor
- 21:40Speaker 3: intervenes in a political campaign. Remember those are the words
- 21:43Speaker 3: of the Johnson Amendment. Participate or intervene in a political
- 21:46Speaker 3: campaign within the ordinary meaning of those words, rather than
- 21:51Speaker 3: take part or interfere with the course of a campaign.
- 21:55Speaker 3: Churches that endorse political candidates simply engage in a family discussion. Therefore,
- 22:01Speaker 3: when properly interpreted, communications from a house of worship to
- 22:05Speaker 3: its congregation on matters of faith involving electoral politics quote,
- 22:11Speaker 3: do not run a foul of the Johnson Amendment. That
- 22:15Speaker 3: is a big deal, and it will free up the
- 22:18Speaker 3: ability for for religious leaders, for pastors to to speak
- 22:22Speaker 3: their heart and to speak the truth to the congregation
- 22:25Speaker 3: about what they believe the Bible teaches and and and
- 22:29Speaker 3: and how that impacts issues in public policy. This is
- 22:32Speaker 3: a major major change.
- 22:34Speaker 2: Yeah.
- 22:34Speaker 1: It also going to have a huge impact on local elections.
- 22:37Speaker 1: And I think that's one of the biggest outcomes that
- 22:40Speaker 1: could be positive from this, is that pastors really are
- 22:42Speaker 1: able to talk about who they believe is best for
- 22:45Speaker 1: their cities, uh and for their community and bring it
- 22:48Speaker 1: back to the local aspect of it. And it'll be
- 22:50Speaker 1: well see how this plays out as well.
- 22:52Speaker 3: Yeah, Ben, And let me tell you a story from
- 22:55Speaker 3: from a number of years ago. A number of years ago,
- 22:58Speaker 3: the the huge Houston mayor who was a left wing Democrat,
- 23:05Speaker 3: and the Houston City attorney subpoenaed the sermon notes for
- 23:12Speaker 3: five pastors in Houston. And these were pastors in Houston
- 23:16Speaker 3: who were preaching on marriage and preaching on same sex marriage.
- 23:21Speaker 3: And the left wing Democrat mayor did not like what
- 23:23Speaker 3: these pastors were preaching about marriage and biblical marriage, and
- 23:27Speaker 3: so the city decided we're going to subpoena your sermon
- 23:30Speaker 3: notes and go after you. And when that happened, I
- 23:35Speaker 3: was very.
- 23:35Speaker 4: Dismayed about that.
- 23:36Speaker 3: I've spent most of my adult life fighting to defend
- 23:40Speaker 3: religious liberty, and the idea of the city going.
- 23:42Speaker 4: After pastors was horrific.
- 23:44Speaker 3: And so I picked up the phone and I called
- 23:47Speaker 3: my pastor and I called him. I said, Pastor, have
- 23:50Speaker 3: you seen what's happened with a subpoena to the five
- 23:52Speaker 3: pastors in Houston? And he said, oh, yeah, I've definitely
- 23:56Speaker 3: seen it. He said, I've been praying about it all morning.
- 24:00Speaker 3: And I said, well, look, I'm praying about it as well,
- 24:03Speaker 3: and I'm very dismayed. I want us to stand up
- 24:06Speaker 3: and fight it. And I told him, I said, listen.
- 24:10Speaker 4: I want to organize a rally.
- 24:12Speaker 3: I want to bring pastors together to speak out against this,
- 24:14Speaker 3: to defend the religious liberty of pastors in our hometown.
- 24:19Speaker 3: And I said, I'd like to have a rally of
- 24:21Speaker 3: pastors tomorrow, Thursday at eleven am. And I was calling
- 24:28Speaker 3: to see would you be willing to host that rally
- 24:31Speaker 3: at the church. And then my pastor begins laughing and
- 24:36Speaker 3: he says, ted, you know, the Bible tells us that
- 24:40Speaker 3: God has ordered our steps.
- 24:42Speaker 4: Long before we have any awareness of it.
- 24:46Speaker 3: My pastor said, a month ago, God laid on my
- 24:50Speaker 3: heart to pray for our city.
- 24:52Speaker 4: He said.
- 24:53Speaker 3: A month ago, I reached out to pastors across the
- 24:55Speaker 3: city and invited them to come to my office to
- 24:58Speaker 3: pray for the city of Houston. He said, I've got
- 25:02Speaker 3: fifty pastors coming to my office tomorrow Thursday at ten am.
- 25:09Speaker 2: That's incredible.
- 25:10Speaker 3: And we both just kind of stopped. And I don't
- 25:13Speaker 3: know if you ever heard the phrase of godwink, but
- 25:15Speaker 3: it kind of kind of felt like, you know, God
- 25:17Speaker 3: was winking at us then. And so the next day
- 25:21Speaker 3: I arrived at his office at ten am, I joined
- 25:24Speaker 3: the pastors. We spent an hour on our knees praying
- 25:26Speaker 3: for a city, and then we went out in a rally.
- 25:29Speaker 3: And it was fantastic. If you look at you had
- 25:33Speaker 3: pastors across denominations. You had pastors across racial lines of
- 25:39Speaker 3: white pastors, Black pastors, Hispanic pastors, Asian pastors. Heck, you
- 25:45Speaker 3: even had first Baptists and second Baptist and you know
- 25:48Speaker 3: well that that is not easy. But they were there
- 25:52Speaker 3: and we had complete unity. And one of the things
- 25:56Speaker 3: I said at that rally, I said, Caesar has no
- 26:02Speaker 3: jurisdiction over the pulpit. And when usubpoena one pastor. You
- 26:08Speaker 3: subpoena every pastor, and I'll tell you, Ben, it was amazing.
- 26:12Speaker 3: There was so much light and heat that came from
- 26:16Speaker 3: that press conference. It drove enormous attention and drove enormous
- 26:20Speaker 3: coverage in the news and in the media that within
- 26:23Speaker 3: twenty four hours, the city of Houston withdrew it subpoenas
- 26:27Speaker 3: and just surrendered. That was the power of pastors standing
- 26:31Speaker 3: up saying we will not submit, and it made a
- 26:35Speaker 3: real difference in the city of Houston.
- 26:38Speaker 1: Finally, Sender, I want to move to another issue, and
- 26:41Speaker 1: it is really exploited over the last twenty four hours,
- 26:45Speaker 1: and that is new information that we now have on
- 26:49Speaker 1: Biden's use of the auto pen. It is a scandal
- 26:53Speaker 1: that I don't think people understand just how big it
- 26:57Speaker 1: is and what has now been at mass to when
- 27:00Speaker 1: it comes the autopen usage and Joe Biden maybe not
- 27:03Speaker 1: knowing it was being used at all.
- 27:05Speaker 4: Well.
- 27:06Speaker 3: So The New York Times on July thirteenth wrote a
- 27:08Speaker 3: major story that says Biden says he made the clemency
- 27:12Speaker 3: decisions that were recorded with autopen, and you and I
- 27:16Speaker 3: talked about in an earlier podcast that the Department of
- 27:19Speaker 3: Justice has an opinion that it issued a number of
- 27:21Speaker 3: years ago the Office Legal Counsel about whether you can
- 27:25Speaker 3: use an autopen for presidential signatures, whether that's a presidential
- 27:29Speaker 3: signature on an executive order, a presidential signature on a
- 27:34Speaker 3: law that is being signed into law, or a presidential
- 27:38Speaker 3: signature on a pardon. And what the Department of Justice
- 27:41Speaker 3: has concluded is that you can use an autopen for
- 27:44Speaker 3: any of those. But the test is the authority is
- 27:48Speaker 3: the president's and the presidents alone, So the president cannot
- 27:52Speaker 3: delegate that authority to anyone else. The president has to
- 27:58Speaker 3: make the decision. And what the Department of Justice explained,
- 28:00Speaker 3: and this was years ago, is that the operative legal
- 28:06Speaker 3: test is did the president make the individual determination to
- 28:11Speaker 3: sign the executive order, to sign the specific piece of
- 28:14Speaker 3: legislation to grant the pardon? And if the president made
- 28:17Speaker 3: that individualized determination, then you can use an autopen to
- 28:24Speaker 3: reflect that, But the president has to be the decider.
- 28:28Speaker 4: And so that's the legal standard. But what the New.
- 28:32Speaker 3: York Times reported was, quote, mister Biden did not individually
- 28:40Speaker 3: approve each name for the categorical pardons that applied to
- 28:44Speaker 3: large numbers of people. He and AIDS confirmed, rather, after
- 28:51Speaker 3: extensive discussion of different possible criteria, he signed off on
- 28:55Speaker 3: the standards he wanted to be used to determine which
- 28:58Speaker 3: convicts would qualify for a reduction and sentence. Even after
- 29:04Speaker 3: mister Biden made that decision, one former AID said, the
- 29:07Speaker 3: Bureau of Prisons kept providing additional information about specific inmates,
- 29:13Speaker 3: resulting in small changes to the list. Rather than ask
- 29:17Speaker 3: mister Biden to keep signing revised versions, his staff waited
- 29:21Speaker 3: and then ran the final version through the autopen, which
- 29:25Speaker 3: they saw as a routine procedure. The AID said that
- 29:29Speaker 3: is stunning because under the Department of Justice guidance, those
- 29:33Speaker 3: pardons aren't valid. If the President didn't decide I am
- 29:37Speaker 3: going to pardon Ben Ferguson. If he didn't know that,
- 29:44Speaker 3: that would not be sufficient. And the New York Times
- 29:47Speaker 3: the consequence of this listen. I think the Trump White
- 29:52Speaker 3: House needs to go through the records and look they
- 29:54Speaker 3: have the records because they're now in charge of the
- 29:56Speaker 3: White House, and examine what specifically has a paper trail
- 30:00Speaker 3: that shows Biden signed off on the specific action, and
- 30:05Speaker 3: those that that there is no paper trail, that there
- 30:08Speaker 3: is no evidence in the New York Times is reporting
- 30:10Speaker 3: they're admitting, Oh yeah, they're broad categories. He didn't know
- 30:12Speaker 3: about it all. He didn't know the specific people. Those
- 30:14Speaker 3: are null and void. Those have no legal force. And
- 30:18Speaker 3: my recommendation to Pambondi in the Department of Justice is
- 30:21Speaker 3: they should look specifically at the most vulnerable and and
- 30:26Speaker 3: and devise and implement a legal challenge to challenge these
- 30:32Speaker 3: and to make clear that an unelected aid running an
- 30:36Speaker 3: auto pen does not have the power to grant a
- 30:39Speaker 3: pardon under the United States Constitution.
- 30:41Speaker 1: So, now that we have this information, the big question
- 30:45Speaker 1: is when do these pardons, what happens next, how do
- 30:49Speaker 1: you go about undoing this?
- 30:51Speaker 2: And how big of a legal fight is that going
- 30:53Speaker 2: to be?
- 30:55Speaker 3: Well, look, it's going to be a termination number one
- 30:57Speaker 3: of the White House and the White House Council assessing
- 30:59Speaker 3: what are the record show? What records did they keep
- 31:03Speaker 3: of Biden's signing off. We know that he personally signed
- 31:05Speaker 3: the pardon for Hunter Biden, so that one he knew
- 31:09Speaker 3: about and he did so.
- 31:10Speaker 2: So that one is is that also very telling?
- 31:14Speaker 4: Yes?
- 31:15Speaker 1: And is that going to be used in many ways
- 31:17Speaker 1: as an example of like dud he had no idea
- 31:19Speaker 1: what was going on over here. The ones he did
- 31:21Speaker 1: know about, he knew, he damned it well better signed
- 31:23Speaker 1: them himself. His son is a great example of that.
- 31:26Speaker 1: Does that actually hurt the argument for Biden? All the
- 31:29Speaker 1: others are.
- 31:29Speaker 3: Valid potentially, although they are arguing that they discussed it
- 31:34Speaker 3: with him and he approved, and so some of the
- 31:35Speaker 3: high profile ones, like you look at Anthony Fauci who
- 31:40Speaker 3: was pardoned, they're maintaining they discussed it with Biden and
- 31:43Speaker 3: Biden said he wanted to he wanted to pardon him.
- 31:49Speaker 3: If that's true, if he made the decision and directed
- 31:51Speaker 3: them to sign a pardon, then under the Department of
- 31:54Speaker 3: Justice's OLC memorandum, that is valid. The question is are
- 32:01Speaker 3: there ones, And according to the New York Times, there
- 32:03Speaker 3: are a lot that Biden did not know and did
- 32:08Speaker 3: not approve the specific individual receiving the pardon, And if
- 32:12Speaker 3: he didn't know and didn't approve, then it's not a
- 32:14Speaker 3: valid part.
- 32:15Speaker 1: So when you look at the timeline of this moving forward,
- 32:18Speaker 1: and some of these could be very significant, one that
- 32:20Speaker 1: comes to mind is doctor Anthony Fauci, for example, could
- 32:24Speaker 1: this could I mean open up a whole lot of
- 32:28Speaker 1: can of worms on a lot of different issues.
- 32:31Speaker 4: It could. It depends what so what I believe.
- 32:34Speaker 3: I believe the White House should go through systematically through
- 32:36Speaker 3: the records and see what the records demonstrate, and the
- 32:39Speaker 3: Department of Justice should pick starting with a test case
- 32:43Speaker 3: to go challenge this the look for a fact pattern
- 32:48Speaker 3: in which there is the clearest absence of any approval
- 32:52Speaker 3: from from the actual president and go challenge those in particular.
- 32:58Speaker 1: It's going to be interesting. We're to cover all of it.
- 33:00Speaker 1: Don't forget. We do the show Monday, Wednesday and Friday.
- 33:04Speaker 1: Hit that subscriber auto download button and make sure you
- 33:08Speaker 1: don't miss as we continue to keep updated on these
- 33:10Speaker 1: exact issues moving forward.
- 33:12Speaker 2: The Senator and I will see you back here on
- 33:14Speaker 2: Friday morning.