Latest / The Ben Ferguson Podcast / Nick Saban Addresses NIL in College Sports, Hunter Calls for Public Hearing then Bails, & NY Wants $500MILL from Trump Week In Review
Transcript
- 0:01Speaker 1: Welcome to Verdict with Ted Cruz. Week in Review. Ben
- 0:05Speaker 1: Ferguson with you, and these are the stories that you
- 0:07Speaker 1: may have missed that we talked about this past week.
- 0:10Speaker 1: First up, Nick Saban testifies about the importance of NIL
- 0:16Speaker 1: the deals with athletes students, and how it could help
- 0:20Speaker 1: or even hurt and destroy college sports. We'll take a
- 0:24Speaker 1: look at what Congress may do to get involved. Also,
- 0:27Speaker 1: Hunter Biden runs away from the public hearing that he demanded,
- 0:32Speaker 1: so when is he going to be seen again in Washington.
- 0:35Speaker 1: We'll talk about those developments as well. And finally, New
- 0:39Speaker 1: York wants five hundred million a half a billion dollars
- 0:43Speaker 1: from Donald Trump by Tuesday, and if he doesn't come
- 0:47Speaker 1: up with the money, they want to seize his assets.
- 0:50Speaker 1: So what will Trump do next? We'll dive into that.
- 0:53Speaker 1: It's the weekend review and it starts right now. Sata,
- 0:57Speaker 1: you mentioned this roundtable, and I want to play some
- 0:59Speaker 1: of your opening remarks. You were sitting there next to
- 1:02Speaker 1: Nick Saban, which is, by the way, if you're a
- 1:04Speaker 1: sports fan, it's just cool. He's a legendary coach. I'm
- 1:08Speaker 1: so glad he retired so I don't have to deal
- 1:10Speaker 1: with him playing him every year because he's a brilliant
- 1:13Speaker 1: mind in football. But here's part of what you had
- 1:15Speaker 1: to say.
- 1:16Speaker 2: Fear and many others, fear threatens to jeopardize all that
- 1:21Speaker 2: is working so well with college athletics. More and more
- 1:24Speaker 2: there is agreement that Congress needs to act to ensure
- 1:27Speaker 2: that we have a level playing field, that we have
- 1:29Speaker 2: real competition, that college sports can continue to thrive in
- 1:35Speaker 2: the decades going forward. And this roundtable is designed to
- 1:39Speaker 2: be a discussion with numerous stakeholders who are engaged in
- 1:43Speaker 2: the process to get perspectives on what is needed and
- 1:46Speaker 2: what is not Right now, we have the brave new
- 1:51Speaker 2: world of nil and college athletes now, many of them
- 1:55Speaker 2: earning very significant sums of money. I for one, think
- 1:58Speaker 2: that's a good thing, and get as good that young
- 2:01Speaker 2: men and young women who worked incredibly hard to develop
- 2:05Speaker 2: fantastic skills that in turn can generate enormous economic activity
- 2:10Speaker 2: should be entitled to enjoy the fruits of their labor,
- 2:13Speaker 2: should be entitled to benefit. But we also need a
- 2:16Speaker 2: system where we have real competition and fair competition, and
- 2:21Speaker 2: not just one or two monster schools and everyone else
- 2:25Speaker 2: as a hanger on, but real competition throughout the league
- 2:29Speaker 2: to make for good games. We also need to make
- 2:32Speaker 2: sure the rules that are in place don't just focus
- 2:37Speaker 2: on Power five conferences, don't just focus on football and basketball,
- 2:41Speaker 2: which generate most of the revenue. But we need to
- 2:45Speaker 2: keep in mind and keep our focus on smaller schools,
- 2:49Speaker 2: Division two schools, Division three schools, and we need to
- 2:52Speaker 2: focus on the many other sports that are not going
- 2:54Speaker 2: to be playing on ESPN, but nonetheless provide an avviage
- 3:00Speaker 2: for young women and young men to go to school
- 3:02Speaker 2: and to get an education. We now have a patchwork
- 3:05Speaker 2: of nil laws state by state that makes it difficult
- 3:09Speaker 2: to navigate. We have multiple active litigation going on that
- 3:15Speaker 2: prevents the NCAA and conferences and universities from enforcing the
- 3:20Speaker 2: rules or even knowing what the rules are. And we
- 3:23Speaker 2: have a lot of uncertainty for student athletes and for
- 3:26Speaker 2: agents and collectives who are trying to navigate the evolving
- 3:29Speaker 2: and unpredictable rules but uncertain what they're going to be
- 3:32Speaker 2: today and even more so, what they're going to be tomorrow.
- 3:36Speaker 2: The purpose of this discussion is to listen if we
- 3:39Speaker 2: do it right, A number of senators are expected to
- 3:42Speaker 2: join us. We have with us today Senator Moran and
- 3:45Speaker 2: Senator Tillis, and I think others will be coming in
- 3:47Speaker 2: and out throughout the day. There are many members, both
- 3:50Speaker 2: Republicans and Democrats, very interested in this topic. And I
- 3:54Speaker 2: will say, if we're going to go forward, and I
- 3:57Speaker 2: very much want Congress to pass meaningful legens addressing a IL,
- 4:02Speaker 2: but if we're going to go forward, it is going
- 4:04Speaker 2: to take bipartisan cooperation. If this simply becomes a partisan
- 4:09Speaker 2: exercise of shirts and skins, we know how that ends.
- 4:12Speaker 2: That ends with a vote that doesn't pass through Congress.
- 4:16Speaker 2: So we have and I will say many of us
- 4:19Speaker 2: here at this table have had multiple good, productive conversations
- 4:23Speaker 2: with senators on the other side of the aisle, and
- 4:25Speaker 2: I think we are coming towards some outlines of consensus,
- 4:30Speaker 2: but we're not there yet, and I'm hopeful this conversation
- 4:33Speaker 2: will help move the process forward.
- 4:36Speaker 1: You talked about this being bipartisan. Senator, rarely in Congress
- 4:41Speaker 1: do you get something. I think everybody kind of agrees, Hey,
- 4:44Speaker 1: we need to make sure this is done right. And
- 4:46Speaker 1: you mentioned every different state's got different things, and this
- 4:49Speaker 1: has become the and I kind of become the wild
- 4:51Speaker 1: wide west. But having this discussion, does there seem to
- 4:55Speaker 1: be a lot of consensus here on both sides of
- 4:57Speaker 1: the aisle, and pretty easy to get people of the
- 4:59Speaker 1: table here to say, hey, let's do this in a
- 5:00Speaker 1: responsible manner.
- 5:02Speaker 2: Well, yes and no. I would say there's bipartisan agreement
- 5:05Speaker 2: that Congress needs to act, and I think senators on
- 5:08Speaker 2: both sides are realizing, hey, we've got a real problem here.
- 5:12Speaker 2: What is not clear is if we can reach consensus
- 5:15Speaker 2: on what acting looks like. I think there's a need
- 5:17Speaker 2: for a federal legislation. We've got a bunch of states
- 5:20Speaker 2: stepping in passing their own nil legislation, but you end
- 5:23Speaker 2: up having this conflicting patchwork. So, for example, Texas has
- 5:27Speaker 2: passed nil legislation. It did something I've never seen the
- 5:29Speaker 2: state of Texas do before, or for that matter, any
- 5:32Speaker 2: state legislature. In the Texas State Bill, it explicitly calls
- 5:36Speaker 2: on Congress to act. It says, Look, it's not great
- 5:38Speaker 2: for each of the states to be doing this. This
- 5:40Speaker 2: ought to be a federal rule that applies to everyone.
- 5:43Speaker 2: And so I've drafted legislation, I've circulated it. I spent
- 5:47Speaker 2: the better part of a year listening to stakeholders, listening
- 5:49Speaker 2: to universities, listening to athletic conferences, listening to players, listening
- 5:53Speaker 2: to all sorts of players across across the world of
- 5:58Speaker 2: college athletics, and trying to capture their best practices. So
- 6:03Speaker 2: the legislation that I've put forward number one. Number one,
- 6:07Speaker 2: it protects the ability of student athletes to earn from
- 6:11Speaker 2: their name, image, and likeness. And I think it's only fair.
- 6:13Speaker 2: If you've worked incredibly hard, you've developed fantastic skills, you
- 6:17Speaker 2: should be able to reap the rewards the fruits of
- 6:19Speaker 2: your labor. But number two, it empowers the nc double
- 6:23Speaker 2: A to set rules and set standards. Now, there have
- 6:26Speaker 2: been some other senators that have introduced legislation that would
- 6:30Speaker 2: put the federal government in charge of setting the rules
- 6:32Speaker 2: and standards, either the government or a quasi governmental organization.
- 6:36Speaker 2: I think that's a mistake. I think if you have
- 6:38Speaker 2: politicians or bureaucrats, I mean, can you imagine what a
- 6:41Speaker 2: nightmare would be to have congressional hearings on what constitutes
- 6:43Speaker 2: pass interference?
- 6:45Speaker 1: Yeah, I mean be bad.
- 6:46Speaker 2: That's bad.
- 6:47Speaker 1: So it would never get it would never get agreed
- 6:49Speaker 1: upon ever, Right.
- 6:50Speaker 2: Are there problems with the NC double A, Yes, but
- 6:53Speaker 2: it's the least worst option out there, and so my
- 6:56Speaker 2: legislation protects the ability of the NC double A to
- 6:59Speaker 2: set rules. It also provides for things like the registration
- 7:03Speaker 2: of agents. Right now, you have seventeen, eighteen, nineteen year
- 7:07Speaker 2: old students who are being represented by agents. They don't
- 7:10Speaker 2: know if these guys are honest, they don't know their background.
- 7:12Speaker 2: There's no transparency, and it's really setting kids up to
- 7:16Speaker 2: be swindled by people taking advantage of them. So it
- 7:20Speaker 2: sets up for a system of registration of agents. It
- 7:23Speaker 2: also sets up a system of transparency where you can
- 7:26Speaker 2: see what the name, image and likeness market is. You
- 7:29Speaker 2: can see what other schools, what other positions are paying,
- 7:33Speaker 2: so that you're not operating in the dark. And I've
- 7:37Speaker 2: introduced this legislation. I put it out there, and I
- 7:41Speaker 2: have been in the process of negotiating with several Democrats
- 7:45Speaker 2: to see if we can get to common ground. One
- 7:48Speaker 2: of the important things my legislation also provides is that
- 7:51Speaker 2: student athletes are not employees. This is a big question.
- 7:56Speaker 2: It's being litigated right now. I think it'd be a
- 7:58Speaker 2: disaster of student athletes were treated as employees. I think
- 8:01Speaker 2: if that happened, if student athletes were treated as employees,
- 8:05Speaker 2: it would end up badly damaging particularly smaller schools Division
- 8:10Speaker 2: two schools, Division three schools, and it would badly damage
- 8:14Speaker 2: non revenue sports. So football and basketball would be fine.
- 8:19Speaker 2: But look, you played men's tennis, women's golf, volleyball, swimming,
- 8:24Speaker 2: track and field. You know universities are saying across the
- 8:28Speaker 2: board those sports would be obliterated by treating student athletes
- 8:33Speaker 2: as employees. I'll say the historically black colleges and universities
- 8:37Speaker 2: have come in and said, likewise, please do not make
- 8:39Speaker 2: student athletes employees. It will decimate our athletic programs. And
- 8:43Speaker 2: so I'm in the process of negotiating and trying to
- 8:47Speaker 2: find Democrats who are willing to find common ground on this.
- 8:50Speaker 2: If we can't get common ground, the bill's not going
- 8:52Speaker 2: to pass. I think we're close, but we're not there yet.
- 8:55Speaker 2: But I will say, you know, sitting at the roundtable
- 8:58Speaker 2: with Nick Saban, it was striking. I asked coach Saban.
- 9:01Speaker 2: I mean, he just stepped down from being one of
- 9:03Speaker 2: the most successful college football coaches in all time, and
- 9:08Speaker 2: I asked him, I said, coach was the current chaos
- 9:11Speaker 2: of NIL and the transfer portal and everything. Was that
- 9:15Speaker 2: a factor in your stepping down? And listen to what
- 9:17Speaker 2: Nick Saban said in response to my question.
- 9:20Speaker 3: All the things that I believed in for all these
- 9:23Speaker 3: years fifty years of coaching no longer exist in college athletics.
- 9:28Speaker 3: So it's always about developing players. It was always about
- 9:32Speaker 3: helping people may more successful in life. My wife even
- 9:36Speaker 3: said to me, we'd have all the recruits over on
- 9:38Speaker 3: Sunday with their parents for breakfast, and she would always
- 9:43Speaker 3: meet with the mothers and talk about how she was
- 9:46Speaker 3: going to help and impact their sons and how they
- 9:50Speaker 3: would be well taken care of. And she came to me,
- 9:53Speaker 3: you know, like right before I retired, and said, why
- 9:56Speaker 3: are we doing this? And I said, what do you mean?
- 9:58Speaker 3: She said, they care about is how much you're gonna
- 10:01Speaker 3: pay them. They don't care about how you're gonna develop them,
- 10:03Speaker 3: which is all what we've always done. So why are
- 10:05Speaker 3: we doing this?
- 10:07Speaker 1: I mean it drove him, I think from the game.
- 10:09Speaker 2: Yeah, no, it's striking. And listen, if Nick Saban can't
- 10:15Speaker 2: stand it anymore, how the heck is anyone else supposed
- 10:17Speaker 2: to it? And I got to say the genuine concern
- 10:20Speaker 2: I've heard from coach after coach after coach, rom athletic
- 10:24Speaker 2: director after an athletic director, from the heads of conferences.
- 10:28Speaker 2: They are genuinely afraid that we've got a short window
- 10:31Speaker 2: of maybe a year or two to act to preserve
- 10:35Speaker 2: college sports or else we are risking major and permanent damage.
- 10:39Speaker 2: So I hope we see Congress act. I'll tell you
- 10:42Speaker 2: I put the odds at about fifty to fifty. I
- 10:44Speaker 2: think we're close to getting bipartisan agreement. I'm spending a
- 10:48Speaker 2: lot of time talking with several Democrats and we're close.
- 10:51Speaker 2: And it was good. A number of Republicans and Democrats
- 10:55Speaker 2: came to this roundtable participated. It was a good conversation,
- 10:58Speaker 2: and what was nice about it is it wasn't a
- 11:01Speaker 2: hearing where there was show voting and grandstanding. It was
- 11:03Speaker 2: a real conversation, and I do think there's a desire
- 11:07Speaker 2: to act to make sure we preserve something amazing, because
- 11:11Speaker 2: I got to say, when you're cheering for your school,
- 11:14Speaker 2: it brings people together across party lines, across races, across ethnicities,
- 11:18Speaker 2: across everything when you're cheering together, and that's something amazing
- 11:23Speaker 2: and special and it's also such a powerful pipeline. There's
- 11:27Speaker 2: so many young men and women who are getting college
- 11:29Speaker 2: educations who wouldn't get it without college athletics that if
- 11:33Speaker 2: we screw this up, it would be enormously damaging.
- 11:37Speaker 1: Now, if you want to hear the rest of this conversation,
- 11:40Speaker 1: you can go back and listen to the full podcast
- 11:42Speaker 1: from earlier this week. Now onto story number two, Joe Biden.
- 11:48Speaker 1: They had no problem talking about his son, Hunter Biden
- 11:52Speaker 1: when he went to Washington, d C. When he had
- 11:54Speaker 1: that press conference when he said, I will not testify
- 11:56Speaker 1: behind closed doors because the Republicans are going to lie
- 11:58Speaker 1: about what I say, and I will only do it
- 12:01Speaker 1: in a public hearing. I demand a public hearing. And
- 12:03Speaker 1: there was a big charaine and it was in front
- 12:05Speaker 1: of the Capitol where you serve senator. And now we've
- 12:09Speaker 1: found out that there is a public hearing that's coming,
- 12:13Speaker 1: and Hunter Biden has rejected the GOP invitation for the
- 12:18Speaker 1: public hearing after demanding that the same GOP give him
- 12:23Speaker 1: a damn public hearing and demanded it in Washington in
- 12:27Speaker 1: front of the Capitol.
- 12:28Speaker 2: Well, this was all theatrics, that it was all dishonest,
- 12:31Speaker 2: that theatrics by Hunter Biden and his legal team and
- 12:33Speaker 2: by Joe Biden and the White House. But as you noted,
- 12:37Speaker 2: Hunter Biden said from the beginning that he only wanted
- 12:39Speaker 2: to testify in public. He didn't trust a closed door event.
- 12:42Speaker 2: He said he was happy to testify in public. So
- 12:45Speaker 2: the House has taken him up on it and invited him, said,
- 12:47Speaker 2: come testify on March twentieth. We've got a hearing. Devin Archer,
- 12:51Speaker 2: Tony Bubbolinski, and Jason Galanis are testifying. By the way,
- 12:55Speaker 2: these are individuals Hunter knows very well that he's done
- 12:57Speaker 2: business with. Come testify publicly and immediately. The lie was
- 13:03Speaker 2: apparent because Hunter Biden said no. Hunter Biden's lawyer refused
- 13:09Speaker 2: to go calling the public hearing a quote blatant planned
- 13:13Speaker 2: for media event, and in fact, let me read what
- 13:17Speaker 2: Abby Lowell, who's Hunter Biden's lawyer, wrote, quote Your blatant
- 13:20Speaker 2: planned for media event is not a proper proceeding but
- 13:23Speaker 2: an obvious attempt to throw a hail Mary pass after
- 13:26Speaker 2: the game has ended. Let me remind you of a
- 13:29Speaker 2: statement you made about how witnesses and specifically mister Biden,
- 13:32Speaker 2: could satisfy your prior requests. At your press conference after
- 13:37Speaker 2: the January tenth, twenty twenty four committee hearing to hold
- 13:41Speaker 2: mister Biden in contempt, you stated, quote, all we need
- 13:44Speaker 2: are people to come in for the depositions and then
- 13:47Speaker 2: will be finished. We just need people to show up
- 13:49Speaker 2: to the depositions and will wrap this up. Nobody wants
- 13:52Speaker 2: to wrap this up more than I do. Mister Biden
- 13:56Speaker 2: did just as you asked, and as you did when
- 14:00Speaker 2: you announced that witnesses could choose depositions. You want to
- 14:03Speaker 2: ignore what you said. Now, let me note you and
- 14:08Speaker 2: I had this conversation with James Comer at the time,
- 14:11Speaker 2: and James Comer is a good man, he's a friend.
- 14:13Speaker 2: He's doing a very good job. I told him then
- 14:16Speaker 2: on this podcast, forget about the closed door deposition. Hunter
- 14:21Speaker 2: is saying he will testify publicly. Do it tomorrow, get
- 14:25Speaker 2: him on record publicly tomorrow. I wish I could say
- 14:29Speaker 2: I'm surprised. I'm not surprised Hunter Biden is playing games.
- 14:33Speaker 2: He is trying to delay this until after the election.
- 14:36Speaker 2: And as I reminded James Comer, Hunter Biden's not the
- 14:41Speaker 2: target here, He's not the reason. This is a matter
- 14:43Speaker 2: of public concern Joe Biden. The corruption of the President
- 14:46Speaker 2: of the United States is the target. And so listen,
- 14:50Speaker 2: nothing of me, no part of me. Is surprise that
- 14:53Speaker 2: Hunter's now saying, oh, no, I did the deposition. Now
- 14:55Speaker 2: I'm not gonna do it. I think the next step
- 14:58Speaker 2: is obvious. The House needs issue a subpoena for Hunter
- 15:01Speaker 2: Biden to testify publicly. Hunter will have a choice comply
- 15:06Speaker 2: with a subpoena or defy the subpoena. And if he
- 15:09Speaker 2: defies the subpoena, the House needs to hold him in contempt.
- 15:12Speaker 2: That needs to happen fast. Time is running out. But
- 15:16Speaker 2: I got to say, you know all of the bravado.
- 15:19Speaker 2: Remember we talked about on verdict. Also, how when the
- 15:22Speaker 2: House was having a hearing, Hunter Biden showed up in
- 15:25Speaker 2: the hearing room just just gloating. In my view, I
- 15:29Speaker 2: wish they had right then said mister Biden, come down
- 15:32Speaker 2: to the table, we'll swear you in. Let's go. That's
- 15:35Speaker 2: what they should have done. I still think and hope
- 15:38Speaker 2: they will get him to testify publicly, but if he
- 15:42Speaker 2: avoids public testimony through these games, it will be tragic
- 15:47Speaker 2: because this is an effort at off uscation This is
- 15:50Speaker 2: an effort at cover up, This is an effort at
- 15:52Speaker 2: hiding the criminal behavior of Joe Biden, the president of
- 15:57Speaker 2: the United States Center.
- 15:59Speaker 1: How important is it that we get Hunter Biden on
- 16:04Speaker 1: the record publicly. It's one thing to read the transcripts.
- 16:07Speaker 1: You've read them, what's been released. I've read what's been released,
- 16:11Speaker 1: We've had reporting on it. But look, there's an aspect
- 16:14Speaker 1: of Hunter Biden that could offer, in my opinion, a
- 16:19Speaker 1: huge opportunity for conservatives to capitalize on just how corrupt
- 16:25Speaker 1: Joe Biden is because you never know what he's going
- 16:27Speaker 1: to say, or how angry he's going to get, or
- 16:30Speaker 1: how self righteous he's going to be. And part of
- 16:33Speaker 1: having a public hearing is getting to ask him those
- 16:35Speaker 1: uncomfortable questions that need to be answered. But you don't
- 16:39Speaker 1: know what he's going to do, and that is a,
- 16:41Speaker 1: I think, something the American people deserve to see.
- 16:44Speaker 2: It's incredibly important. Look, Hunter Biden, I believe is lying.
- 16:50Speaker 2: I think he lied in his closed door deposition. I
- 16:52Speaker 2: think if he has a public hearing, he will lie.
- 16:54Speaker 2: But I also think he's not a very good liar.
- 16:57Speaker 2: His lies are facially inconsistent their contradictory and competent cross
- 17:04Speaker 2: examination can demonstrate how he is lying to cover up
- 17:08Speaker 2: for his father. Now we have a closed door deposition,
- 17:12Speaker 2: we have a transcript. A transcript is dry, A transcript
- 17:15Speaker 2: is lifeless. A transcript is not going to dominate the
- 17:18Speaker 2: evening news. A transcript people are not going to watch
- 17:21Speaker 2: and see for themselves and understand the context of it.
- 17:24Speaker 2: The context of this is very much like going into
- 17:26Speaker 2: the twenty twenty election. The twenty twenty election. In October
- 17:30Speaker 2: of twenty twenty, the news broke of the Hunter Biden laptop.
- 17:34Speaker 2: The New York Post broke the story, and we saw
- 17:38Speaker 2: big tech silence and censor it. We saw Facebook and
- 17:41Speaker 2: Twitter block anyone sharing it. We saw big tech threaten
- 17:45Speaker 2: to deep platform any media outlets that reported on it,
- 17:48Speaker 2: and media outlets like Politico happily obeyed big tech and
- 17:52Speaker 2: simply kept its secret. What was in the Hunter Biden laptop?
- 17:56Speaker 2: Mind you, the Hunter Biden laptop was real, it was accurate,
- 17:59Speaker 2: it had evidence of multiple felonies. And mind you, also
- 18:02Speaker 2: the Department of Justice and the FBI knew that it
- 18:05Speaker 2: was real and accurate because they had the laptop in
- 18:08Speaker 2: their possessions and they had had it for over a year,
- 18:11Speaker 2: but particularly as you get closer to an election, their
- 18:14Speaker 2: objective is do not let the American people see things
- 18:18Speaker 2: that demonstrate Joe Biden's criminal culpability. The same thing is
- 18:23Speaker 2: true here. The reason to have Hunter Biden testify is
- 18:26Speaker 2: so the American people can look him in the eye.
- 18:29Speaker 2: You know, the American people are very good at judging credibility.
- 18:33Speaker 2: They can tell when somebody is spouting bs, they can
- 18:37Speaker 2: tell when they're not telling the truth, and it's harder
- 18:41Speaker 2: to tell that when you're reading a transcript. And so
- 18:44Speaker 2: in my view, it is critically important to get Hunter
- 18:48Speaker 2: Biden in sworn testimony alone. I actually don't think it
- 18:53Speaker 2: was a great idea to have him testifying alongside a bunch.
- 18:55Speaker 3: Of other people.
- 18:56Speaker 2: I get there's some value in saying, well, so and
- 18:59Speaker 2: so said this, how you, But I think Hunter Biden
- 19:01Speaker 2: ought to be alone at that table. I think every
- 19:03Speaker 2: question ought to be directed to him, and you can
- 19:05Speaker 2: use the answers from the other witnesses to cross examine him.
- 19:09Speaker 2: I also hope if and when Hunter testifies that there's
- 19:13Speaker 2: a degree of coordination. One of the problems when you
- 19:17Speaker 2: have a hearing is if you've got lots of individual members,
- 19:19Speaker 2: lots of House members, each of whom has five minutes,
- 19:23Speaker 2: you will often have people go on marches in one
- 19:26Speaker 2: direction or another, and they don't follow up on anything,
- 19:29Speaker 2: and it's kind of whatever any individual member wants to do,
- 19:31Speaker 2: they just ask that, and some of them are not
- 19:34Speaker 2: very good cross examiners, so they can't follow up, and
- 19:36Speaker 2: it doesn't present a coherent storyline, it doesn't systematically dismantle
- 19:43Speaker 2: the lies. What I hope is that James Comer and
- 19:47Speaker 2: or Jim Jordan the chairman, sit down with their Republican members,
- 19:51Speaker 2: that they plan out a strategy for the hearing, a
- 19:55Speaker 2: strategy for the cross examination that they assign each member
- 19:58Speaker 2: of the committee. Okay, you've got this point, this point,
- 20:02Speaker 2: Here are the questions that will be helpful to ask,
- 20:05Speaker 2: and you drive a systematic message. That's something in the
- 20:09Speaker 2: Commerce Committee. I'm the ranking member on the Senate Committee
- 20:11Speaker 2: of Commerce, Science, and Transportation. On major hearings, that's exactly
- 20:15Speaker 2: what I try to do. In the Senate Judiciary Committee,
- 20:18Speaker 2: we have done that on multiple hearings. For example, the
- 20:20Speaker 2: Brett Kavanaugh hearing that was a major fight. We sat
- 20:24Speaker 2: and we strategized exactly how we were going to handle
- 20:28Speaker 2: the cross examination, the messaging. I hope the House does that,
- 20:31Speaker 2: but none of that matters unless you get Hunter at
- 20:37Speaker 2: the witness stand, sworn in and on national television. Because listen,
- 20:42Speaker 2: if Hunter's testifying. As much as the media wants to
- 20:45Speaker 2: hide it from the American people, they cannot completely do so.
- 20:49Speaker 2: And it gives the American people the chance to decide
- 20:52Speaker 2: is the President of the United States corrupt? Has he
- 20:55Speaker 2: taken bribes from Chinese Communists, from Russians, from Ukrainians, from
- 21:00Speaker 2: from foreign oligarchs. It lets the American people decide. When
- 21:06Speaker 2: Hunter sent a WhatsApp text to a Chinese communist threatening
- 21:11Speaker 2: his father's punishment if the Chinese Communists didn't send them
- 21:15Speaker 2: millions of dollars, was Dad complicit in that shakedown? I
- 21:20Speaker 2: think the answer is obviously yes. But seeing Hunter being
- 21:24Speaker 2: forced to answer those questions goes a long way to
- 21:27Speaker 2: letting the American people decide based on the facts.
- 21:31Speaker 1: As before, if you want to hear the rest of
- 21:33Speaker 1: this conversation on this topic, you can go back and
- 21:36Speaker 1: dow the podcast from earlier this week to hear the
- 21:39Speaker 1: entire thing. I want to get back to the big story,
- 21:43Speaker 1: number three of the week. You may have missed, Senator.
- 21:45Speaker 1: While they're trying to destroy our country and not going
- 21:48Speaker 1: after the people that are breaking in, there's one thing
- 21:50Speaker 1: that is very clear, and that is public enemy number
- 21:53Speaker 1: one of this administration the Democrats, is Donald Trump. We
- 21:57Speaker 1: now are seeing them trying to break trump financial I
- 22:01Speaker 1: would assume that you would agree this is certainly a
- 22:04Speaker 1: level of election interference at shocking. But let's talk about
- 22:08Speaker 1: the money now. The ag James who said vote for
- 22:12Speaker 1: me and I'll go after Trump, is now asked the
- 22:14Speaker 1: court to deny Donald Trump's four hundred and fifty four
- 22:17Speaker 1: million dollar bond appeal. This is unprecedented in American society.
- 22:24Speaker 1: This is what would happen in communist countries, yet it's
- 22:27Speaker 1: happening right now in America.
- 22:29Speaker 2: Well, we are seeing across the country Democrat prosecutors abusing
- 22:34Speaker 2: the justice system to try to number one, destroy Donald Trump,
- 22:38Speaker 2: but to try to number two subvert democracy. They are
- 22:42Speaker 2: terrified that the voters in November will vote to re
- 22:45Speaker 2: elect Donald Trump, and so they want to abuse their
- 22:47Speaker 2: power to stop the voters from doing that. What Letitia
- 22:52Speaker 2: James has done, she ran for Attorney General promising I'm
- 22:56Speaker 2: going to get Trump, and I'll say, at least so far,
- 22:59Speaker 2: she's delivered on that. She went after him with everything
- 23:01Speaker 2: she had in a fraud case that is under a
- 23:04Speaker 2: New York statute that is really a ridiculous statute because
- 23:09Speaker 2: she alleged fraud with no victims. She alleged that he
- 23:14Speaker 2: had borrowed hundreds of millions of dollars from sophisticated banks
- 23:17Speaker 2: like Deutschebank, and Deutschebank didn't lose money. In fact, they
- 23:22Speaker 2: made money on the loans. Trump repaid the loans, and
- 23:25Speaker 2: Deutschbach said they were thrilled to make the loans and
- 23:27Speaker 2: would happily make them again. And the argument was that
- 23:31Speaker 2: he valued his real estate more than it was worth.
- 23:34Speaker 2: Deutschbach Bank is not some like poor little old lady
- 23:39Speaker 2: who's a vulnerable consumer. They're a multi billion dollar global bank.
- 23:43Speaker 2: They valued the real estate on their own damn thing.
- 23:45Speaker 2: You know, if I come in and tell tell my
- 23:48Speaker 2: mortgage company, hey, my home is worth ten million dollars,
- 23:52Speaker 2: they're gonna send their own appraiser to go figure out
- 23:54Speaker 2: what my home is worth, They're going to laugh at me.
- 23:56Speaker 2: So an alleged offense with no victim, no injury, and
- 24:02Speaker 2: no harm. The judgment with interest is four hundred and
- 24:08Speaker 2: fifty four million dollars half a billion dollars. And then
- 24:12Speaker 2: New York has a provision that you see in a
- 24:14Speaker 2: number of states that to appeal that you've got to
- 24:18Speaker 2: put the four hundred and fifty four million dollars in
- 24:20Speaker 2: cash either liquid, so either cash or securities liquid, or
- 24:26Speaker 2: you have to have a bond that covers that amount.
- 24:30Speaker 2: And so Trump went and tried to get a bond,
- 24:32Speaker 2: and he went to thirty different surety companies and all
- 24:36Speaker 2: of them turned him down, and and he filed an affidavit.
- 24:41Speaker 2: So he's raised an issue on appeal to say, look,
- 24:44Speaker 2: you can't require me to put up a half billion
- 24:47Speaker 2: dollars just to be able to appeal. And Leticia James
- 24:51Speaker 2: just opposed that and said, oh, yeah, he doesn't put
- 24:53Speaker 2: that money up, We're coming to take his property. So
- 24:56Speaker 2: I understand what she wants to do, and she wants
- 24:57Speaker 2: to do this as soon as potentially next next week.
- 25:00Speaker 2: She wants to show up and physically seize his properties,
- 25:04Speaker 2: literally go and seize properties that he has in New
- 25:08Speaker 2: York or elsewhere. It could literally come down to her
- 25:13Speaker 2: trying to essentially put a padlock on Trump Tower. And
- 25:17Speaker 2: I say that not really with hyperbole, because this is
- 25:21Speaker 2: a political jahad for her, So I think she will
- 25:24Speaker 2: look for the most visible political way to attack her opponent.
- 25:29Speaker 2: And here's here's what Trump's lawyers told the New York
- 25:34Speaker 2: Appellate Court. The attorneys wrote that, quote, it is not
- 25:38Speaker 2: possible under the circumstances presented. They said, the underwriters insisted
- 25:42Speaker 2: on cash or liquid assets instead of real estate is collateral.
- 25:47Speaker 2: So Trump has lots of real estate, but apparently the
- 25:50Speaker 2: other writers said no, it's got to be cash or
- 25:52Speaker 2: liquid and he didn't have a half billion dollars sitting around,
- 25:55Speaker 2: and they insisted on cash to cover one hundred and
- 25:59Speaker 2: twenty percent of the judgment, which is five hundred and
- 26:02Speaker 2: fifty seven million dollars. An insurance broker, Gary Giuletti wrote
- 26:09Speaker 2: in a sworn statement that quote a bond of this
- 26:12Speaker 2: size is rarely, if ever.
- 26:15Speaker 3: Seen, And.
- 26:18Speaker 2: Letitia James responded, well, no, no, that's not true. There
- 26:21Speaker 2: have been billion dollar bonds before, yes, for massive public corporations,
- 26:26Speaker 2: but Trump's business is not a public corporation. It is
- 26:30Speaker 2: a private company. And to get a half billion dollar
- 26:33Speaker 2: bond is incredibly difficult, and so understand the impact. If
- 26:39Speaker 2: Trump is not able to post this bond, the effect
- 26:44Speaker 2: would be to deny him the right to even appeal
- 26:48Speaker 2: the absurd partisan decision from the district Court. I got
- 26:52Speaker 2: to say, this is such a profound abuse. Now, that
- 26:56Speaker 2: doesn't mean Trump would be out of options, because if
- 26:58Speaker 2: the New York courts insists you got to put up
- 27:01Speaker 2: a half billion dollars in order to appeal this decision,
- 27:04Speaker 2: I am confident that Trump will appeal that and potentially
- 27:08Speaker 2: appeal that all the way to the U. S. Supreme
- 27:10Speaker 2: Court and the U. S. Supreme Court. He would have
- 27:13Speaker 2: multiple arguments constitutional arguments, including the constitution prohibits denying an individual,
- 27:21Speaker 2: depriving an individual of property without due process of law.
- 27:25Speaker 2: And there would be an argument that this is such
- 27:27Speaker 2: an excessive bond that it constitutes a violation of due process.
- 27:33Speaker 2: He would also have an argument under the Eighth Amendment.
- 27:35Speaker 2: The Eighth Amendment specifies excessive bail shall not be required,
- 27:40Speaker 2: nor excessive fines imposed, nor cruel and unusual punishments inflicted. Now,
- 27:46Speaker 2: the Eighth Amendment typically applies in a criminal context, but
- 27:51Speaker 2: given the magnitude here, I would expect him to make
- 27:54Speaker 2: both an Eighth Amendment argument and a due process argument,
- 27:58Speaker 2: and it is entirely possible that would prevail ultimately. But
- 28:02Speaker 2: what New York is doing, what the New York Attorney
- 28:06Speaker 2: General is doing, is the conduct of a banana Republic.
- 28:12Speaker 1: Kevin O'Cleary, who many b will know from Shark Tank,
- 28:15Speaker 1: not the most political guy. He talked about the business
- 28:18Speaker 1: fallout of this and asking where are the adults in
- 28:22Speaker 1: the room, because we can't let this stand in the
- 28:24Speaker 1: United States of America. Here's part of what he said,
- 28:27Speaker 1: which I thought was really interesting.
- 28:29Speaker 4: But more importantly, the message about the American brand. You
- 28:33Speaker 4: think about America, the reason this is the number one
- 28:35Speaker 4: economy on Earth is that we have laws, and we
- 28:38Speaker 4: have due process, and we have property rights. It attracts
- 28:41Speaker 4: foreign capital from all around the world. All of that
- 28:45Speaker 4: is being shaken to the core here. The concept of
- 28:49Speaker 4: seizing assets in thirty days on a bond number that's
- 28:52Speaker 4: never been issued, No insurance bond companies ever issued anything
- 28:56Speaker 4: near this, so there was no chance that was going
- 28:58Speaker 4: to happen, and only giving thirty days notice in time,
- 29:03Speaker 4: that's a really bad message, and I think New Yorker
- 29:07Speaker 4: should think well past Trump, whether he's president or not,
- 29:11Speaker 4: or whether this Attorney's General is gone in four years
- 29:14Speaker 4: or not, it's irrelevant. This is case setting against the
- 29:17Speaker 4: American brand. The most stable country on earth anywhere to
- 29:23Speaker 4: put capital work over a long period of time, particularly
- 29:25Speaker 4: in real estate, is the United States of America. This
- 29:29Speaker 4: is an assault on what we believe to be core
- 29:34Speaker 4: and I find it extraordinary. I think it's very troubling.
- 29:38Speaker 4: It has absolutely nothing to do with Donald Trump at
- 29:41Speaker 4: this point, in my view, and it is completely bipartisan.
- 29:46Speaker 4: This is an attack on America, and I don't know
- 29:51Speaker 4: how you can look at it any other way. And
- 29:53Speaker 4: as an investor, and I know plenty of investors are
- 29:56Speaker 4: completely disturbed by this. I mean, no one is going
- 30:02Speaker 4: to put any money to work in New York in
- 30:04Speaker 4: these amounts until this thing settles down. The whole world
- 30:07Speaker 4: is watching, and everybody's waiting for one thing we haven't
- 30:11Speaker 4: got yet. Adult supervision.
- 30:13Speaker 3: Where is it?
- 30:14Speaker 4: Where are the adults in this crazy narrative. Certainly there's
- 30:18Speaker 4: got to be adult supervision at some point. And I understand,
- 30:22Speaker 4: you know, the war going on here and all the
- 30:25Speaker 4: political YadA YadA, Wolf wolf wolf, But we need an
- 30:28Speaker 4: adult in the room. Now, this is the United States
- 30:31Speaker 4: of America under.
- 30:33Speaker 1: Siege, under siege. I mean, he's not joking around. He says,
- 30:36Speaker 1: where are the adults center? I'm going to ask you this,
- 30:38Speaker 1: where are the adults? At what point do the adults
- 30:40Speaker 1: get a hold of this?
- 30:43Speaker 2: Well, at this point, it's not clear to me that
- 30:45Speaker 2: there are any adults left in New York. There certainly
- 30:48Speaker 2: are not among politicians. I don't know of a single
- 30:51Speaker 2: Democrat politician who has spoken out against this abuse. Certainly
- 30:56Speaker 2: Chuck Schumer hasn't. The governor hasn't. The Mayor of New
- 30:59Speaker 2: York City, he hasn't. Leticia James is auditioning to be governor.
- 31:03Speaker 2: She's clearly ambitious. She' views this as the path to
- 31:06Speaker 2: success in the Democrat Party in New York. And I
- 31:10Speaker 2: got to say, look, I think they rationalize in their
- 31:13Speaker 2: own mind, this is a special rule just for Donald Trump.
- 31:17Speaker 2: We hate Trump so much. They think Trump is the devil,
- 31:21Speaker 2: and so this applies just to Trump. But this precedent
- 31:26Speaker 2: can apply to anyone if if simply claiming that you
- 31:29Speaker 2: overstated the value of your real estate gives the Attorney
- 31:34Speaker 2: general the justification to seize hundreds of millions or billions
- 31:37Speaker 2: of dollars, what real estate developer in their right mind
- 31:41Speaker 2: would would continue to do business. Every real estate developer,
- 31:45Speaker 2: just as a starting point is subject to this kind
- 31:48Speaker 2: of shakedown. And if you don't think that Leticia James
- 31:51Speaker 2: or the next ambitious Attorney General will use that power,
- 31:56Speaker 2: then you're smoking something because look, it is arbitrary, it's unreviewable,
- 32:01Speaker 2: and by the way, if you can't get a bond
- 32:03Speaker 2: to appeal it, there is no appellate review. So it's
- 32:05Speaker 2: the ability to shake it down. And so if she
- 32:08Speaker 2: wants to negotiate a settlement, suppose she comes in. That
- 32:12Speaker 2: gives this politician the ability to terrorize businesses, to terrorize
- 32:17Speaker 2: foreign corporations, anyone that they decide we don't like.
- 32:23Speaker 4: It.
- 32:24Speaker 2: Essentially empowers the politicians to terrorize individuals and companies and
- 32:30Speaker 2: force them to comply with whatever their demand is or
- 32:35Speaker 2: else we will seize your assets and you can't even
- 32:38Speaker 2: appeal it. And yet why is not a single Democrat
- 32:43Speaker 2: in New York worried about this or speaking out about it.
- 32:48Speaker 2: You know, it's astonishing.
- 32:49Speaker 1: As always, thank you for listening to Verdict with Center
- 32:53Speaker 1: Ted Cruz Ben Ferguson with you don't forget to deal
- 32:55Speaker 1: with my podcast and you can listen to my podcast
- 32:58Speaker 1: every other day you're not listening to Verdict or today
- 33:00Speaker 1: when you listen to Verdict. Afterwards, I'd love to have
- 33:02Speaker 1: you as a listener to again the Ben Ferguson podcasts,
- 33:05Speaker 1: and we will see you back here on Monday morning.