Latest / The Ben Ferguson Podcast / Can Media get Behind Biden after Debate, Some People "FEAR" Trump after Immunity Ruling & Chevron Deference Doctrine Explained Week In Review

Transcript

Can Media get Behind Biden after Debate, Some People "FEAR" Trump after Immunity Ruling & Chevron Deference Doctrine Explained Week In Review · The Ben Ferguson Podcast

0:00
Speaker 1: Welcome.
0:00
Speaker 2: It is Verdict with Ted Cruz, a Week in Review.
0:03
Speaker 2: Ben Ferguson with you, and these are the major stories
0:05
Speaker 2: that you may have missed that we talked about this week.
0:08
Speaker 2: First up, when will the media stop attacking Joe Biden.
0:12
Speaker 2: It's very clear they're trying to take him out right now,
0:14
Speaker 2: but will they get back in line? We're going to
0:16
Speaker 2: talk about the timeline and how important that is. Also,
0:20
Speaker 2: Donald Trump had a massive victory this week at the
0:23
Speaker 2: Supreme Court dealing with presidential immunity and what did the
0:26
Speaker 2: media do. They immediately lied to you about what this
0:29
Speaker 2: actually means, and now they're saying we may leave the
0:33
Speaker 2: country if Donald Trump is re elected as president. Will
0:37
Speaker 2: break that down for you as well. Plus a major
0:40
Speaker 2: court case that you did not hear about in the
0:43
Speaker 2: media this week that we're going to break down for you.
0:46
Speaker 2: It's the weekend Review and it starts right now. One
0:50
Speaker 2: Democrat that went on TV, I guess he's like the
0:52
Speaker 2: sacrificial lamb is representative Democratic Representative Dan Goldman. He said
0:59
Speaker 2: this about the president trying to reassure Americans he's really fine,
1:02
Speaker 2: there's no cognitive decline.
1:04
Speaker 3: And the people who are with him every day have
1:06
Speaker 3: indicated as well that it was an aberration and it
1:09
Speaker 3: is an anomaly, and if that is the case, then
1:14
Speaker 3: we will see that, and we will see that over
1:16
Speaker 3: the next week, and he will restore our faith and
1:19
Speaker 3: confidence in his fitness.
1:21
Speaker 4: And then everything else between the two of them cuts
1:24
Speaker 4: in favor of Joe Biden. So people are right to
1:27
Speaker 4: have some concerns after that performance. And I don't think
1:30
Speaker 4: there's any excuse that Joe Biden offered. I think he
1:33
Speaker 4: was trying to explain how he had such a poor performance.
1:39
Speaker 4: But he's accepted it, he's owned it, he's acknowledged it,
1:42
Speaker 4: as we all have. And what we need to see
1:45
Speaker 4: from him is that vibrant and whip smart president that
1:50
Speaker 4: we have had for the last three and a half years.
1:52
Speaker 2: And the people, I mean, you listen to him, and
1:55
Speaker 2: then you go to the facts. Biden's post debate checkup
1:59
Speaker 2: actually conjured what the White House set. They have now
2:03
Speaker 2: confirmed that and President Biden confirmed And again I'm quoting
2:09
Speaker 2: reports coming out of the White House to the Democratic governors.
2:11
Speaker 2: Remember they had this nine to one to one, uh,
2:13
Speaker 2: you know, all hands on deck meeting with Democratic governors
2:15
Speaker 2: to try to reassure them that he had a medical
2:17
Speaker 2: checkup following the president of debate, despite earlier statements from
2:21
Speaker 2: the White House pres Secretary on multiple occasions that he
2:24
Speaker 2: had not received any medical exam since February.
2:27
Speaker 1: We played some of that in the last show.
2:29
Speaker 2: The White House later clarified that Biden was seen by
2:32
Speaker 2: a doctor for a brief quote brief checkup due to
2:35
Speaker 2: the lingering symptoms from a cold, which did not include
2:38
Speaker 2: any major tests. Uh So, even when they lie to you,
2:42
Speaker 2: they still can't there. They're now lying to either the
2:45
Speaker 2: governors or the American people, or they're just lying about
2:47
Speaker 2: all of it.
2:48
Speaker 1: Your thoughts.
2:49
Speaker 5: Yeah, look, the cold is nonsense, the jet lag is nonsense.
2:53
Speaker 5: Everyone knows that the issue is that he's too old
2:56
Speaker 5: and he's suffering from dementia. That that is bleakasly true.
3:01
Speaker 5: They're trying to distract from this. Look, I'll give you
3:04
Speaker 5: a sense of how bad it is, even the Praetorian Guard,
3:07
Speaker 5: even the most zealous defenders of Joe Biden, the Democrats,
3:12
Speaker 5: and by that I mean the New York Times, even
3:15
Speaker 5: their turning on her. On Wednesday of this week, The
3:18
Speaker 5: New York Times wrote a story the headline of which
3:21
Speaker 5: is Biden tells allies he knows he has only days
3:25
Speaker 5: to salvage candidacy. Here's what The New York Times wrote.
3:28
Speaker 5: By the way, this is not an editorial, this is
3:30
Speaker 5: a news story. President Joe Biden has told key allies
3:33
Speaker 5: that he knows the coming days are crucial and understands
3:36
Speaker 5: that he may not be able to salvage his candidacy
3:38
Speaker 5: if he cannot convince voters that he is up to
3:40
Speaker 5: the job after a disastrous debate performance last week. According
3:45
Speaker 5: to two allies who have spoken with him, Biden has
3:47
Speaker 5: emphasized that he is still deeply committed to fight for
3:50
Speaker 5: his reelection, but understands that his viability as a candidate
3:54
Speaker 5: is on the line. The presidents sought to project confidence
3:58
Speaker 5: Wednesday in a call with campaign staff, even as White
4:02
Speaker 5: House officials were trying to calm nerves inside the ranks
4:05
Speaker 5: of the Biden administration. Quote, no one's pushing me out,
4:09
Speaker 5: Biden said in the call. I'm not leaving. Vice President
4:13
Speaker 5: Kamala Harris was also on the line. Quote we will
4:16
Speaker 5: not back down. We will follow our president's lead. She said,
4:18
Speaker 5: we will fight and we will win. Rah rah rah.
4:22
Speaker 5: Still Biden allies said the President had privately acknowledged that
4:26
Speaker 5: his next few appearances heading into the July fourth holiday
4:29
Speaker 5: weekend must go well, particularly in an interview scheduled for
4:34
Speaker 5: Friday with George Stephanopolovis of ABC News and campaign stops
4:38
Speaker 5: in Pennsylvania and Wisconsin. Quote, he knows that if he
4:41
Speaker 5: has two more events like that, we're in a different
4:44
Speaker 5: place by the end of the weekend, said one of
4:46
Speaker 5: the allies, referring to Biden's halting and unfocused performance on
4:49
Speaker 5: the debate. That person who talked to the President in
4:52
Speaker 5: the past twenty four hours spoke on the condition of
4:55
Speaker 5: anonymity to discuss a sensitive situation. The accounts of his
4:59
Speaker 5: comment coversations with allies are the first indication to become
5:03
Speaker 5: public that the president is seriously considering whether he can
5:08
Speaker 5: recover after a devastating performance on the debate stage in
5:12
Speaker 5: Atlanta last Thursday, A new poll from The New York
5:15
Speaker 5: Times in Siena College showed the former President Donald Trump
5:19
Speaker 5: now leads Biden forty nine to forty three percent among
5:22
Speaker 5: likely voters nationally, a three point swing towards the Republican
5:26
Speaker 5: from just a week earlier before the debate this is
5:31
Speaker 5: they're terrified. And note they're terrified about one thing. They
5:37
Speaker 5: think Biden's going to lose. If they thought a mentally
5:41
Speaker 5: incompetent person was going to win, they'd be fine. But
5:45
Speaker 5: they're terrified that there are at least some people who say, gosh,
5:49
Speaker 5: maybe the commander in chief should be aware of what's
5:53
Speaker 5: going on around him.
5:55
Speaker 1: Final two questions for you.
5:57
Speaker 2: One, when do you think the media has to stop
6:00
Speaker 2: this onslaught of attacks on the president because they're going
6:03
Speaker 2: full court press is in another week and then they
6:05
Speaker 2: got to dial it back in case he does continue
6:08
Speaker 2: to be the nominee, they can't push him out. And
6:11
Speaker 2: number two, how important is this prime time taped interview
6:16
Speaker 2: Friday night for Joe Biden's future?
6:20
Speaker 5: Well, I mean, let me start with number two. The
6:23
Speaker 5: interview on Friday is very important. If he goes and
6:27
Speaker 5: just craps the bed, that could be fatal. I think
6:33
Speaker 5: ABC and Stephanopoulos are going to do everything they can
6:36
Speaker 5: to prevent that from happening. I think they're going to
6:38
Speaker 5: edit the heck out of the interview. They should run
6:42
Speaker 5: it live and anyone who cares like ABC should be
6:45
Speaker 5: embarrassed about itself that it's not running it live because
6:49
Speaker 5: their editing will be designed to create a false impression,
6:53
Speaker 5: to protect Joe Biden, to turn it into a campaign video.
6:57
Speaker 5: If they're a real journalistic outlet, you know what I do.
7:00
Speaker 5: I do them live, and if I say something dumb,
7:03
Speaker 5: you know what. The camera catches it and all the
7:05
Speaker 5: world can hear. And it's not ABC's job to be
7:09
Speaker 5: doing the pr and damage control for the Democrats, but
7:13
Speaker 5: that's what they're doing. I think the interview matters a lot.
7:17
Speaker 5: I also think it's interesting you're seeing Democrats publicly breaking ships.
7:22
Speaker 5: So Lloyd Doggett, very liberal Democrat from Austin, Texas, became
7:27
Speaker 5: the first Democrat member of Congress to say the president
7:30
Speaker 5: should step aside. Two others, Jared Golden and Maine and
7:35
Speaker 5: Marie Glusen camp Perez of Washington, both Democrats, both said
7:41
Speaker 5: they believe Biden will lose in November. That's significant that
7:45
Speaker 5: you're seeing elected Democrats coming out saying that. Another one,
7:52
Speaker 5: Seth Moulton, another Democrat from Massachusetts, raised real questions about
7:57
Speaker 5: whether Biden can win. He said, quote, I deeply respect
8:00
Speaker 5: President Biden and all the great things he's done for America,
8:03
Speaker 5: but I have grave concerns about his ability to defeat
8:06
Speaker 5: Donald Trump. Winning will require prosecuting the case in the media,
8:10
Speaker 5: in town halls and at campaign stops all over the country.
8:13
Speaker 5: President Biden needs to demonstrate that he can do that.
8:17
Speaker 5: The unfortunate reality is that the status quo will likely
8:20
Speaker 5: deliver us President Trump. We're seeing that happening more and
8:25
Speaker 5: more and more. Now, your first question was how long
8:29
Speaker 5: will the media continue to attack Listen on the debate night,
8:32
Speaker 5: I predicted if this is going to happen, it's going
8:35
Speaker 5: to shake out in twenty one days, So we're a
8:37
Speaker 5: week into it. I think we have two more weeks
8:40
Speaker 5: ahead of us. We will go into the Republican Convention
8:43
Speaker 5: in two weeks. I think we'll know what happens by then.
8:47
Speaker 5: A final point in one that has not been discussed
8:49
Speaker 5: a great deal. I think all of this drama impacts
8:53
Speaker 5: President Trump very significantly, and in particular, it impacts his
8:58
Speaker 5: vice presidential choice. Trump is in the middle of presumably
9:03
Speaker 5: picking who he wants to beat VP. Lots of names
9:06
Speaker 5: have been floated, there are lots of shortlists, lots of
9:08
Speaker 5: things discussing. Well, normally when you're picking a VP candidate,
9:12
Speaker 5: you know who your opponent is, you know what you're
9:15
Speaker 5: fighting against. In this instance, it's a very difficult situation
9:20
Speaker 5: for Trump because the kind of VP he might pick
9:25
Speaker 5: if he's running against Joe Biden and Kamala Harris could
9:29
Speaker 5: be a very different VP than if he's running against
9:32
Speaker 5: Michelle Obama. I think right now the Trump team is
9:36
Speaker 5: feeling incredibly confident. I think they think they're gonna win,
9:39
Speaker 5: They're gonna beat Joe Biden. I think they're feeling on
9:41
Speaker 5: top of the world. I can tell you if the
9:44
Speaker 5: news broke tomorrow that Biden was not the nominee anymore
9:48
Speaker 5: and it was gonna be Michelle Obama, the Trump team,
9:51
Speaker 5: if it were not at a major emergency mode level
9:57
Speaker 5: of this is serious, then they misreading the situation because
10:01
Speaker 5: Michelle Obama's the Democrat nominee is incredibly dangerous and that
10:05
Speaker 5: could easily impact the vice presidential nominee. So, for example,
10:10
Speaker 5: if it's Michelle Obama, maybe Trump picks Tim Scott, deciding
10:14
Speaker 5: that he wants to go fight and fight more aggressively
10:17
Speaker 5: for African American votes. That's one possible consideration that maybe
10:21
Speaker 5: that's a little bit less of a consideration. If Joe
10:23
Speaker 5: Biden is at the top of the ticket.
10:25
Speaker 6: So there are.
10:26
Speaker 5: Complicated, complicated chess moves that are playing out right now
10:32
Speaker 5: because of the uncertainty of who's going to be the nominee.
10:37
Speaker 2: Now, if you want to hear the rest of this conversation,
10:40
Speaker 2: you can go back and listen to the full podcast
10:42
Speaker 2: from earlier this week now onto story number two. Well,
10:47
Speaker 2: even on MSNBC, they were having this conversation on this
10:51
Speaker 2: scot of immunity ruling, and they said, in their words,
10:54
Speaker 2: Trump could target like journalists could target. Quote me, That's
10:58
Speaker 2: what Wallace said, and then he said, people, if he wins,
11:02
Speaker 2: will be forced to flee the country.
11:04
Speaker 5: Listen, frame court in Russia exists, but none of us
11:08
Speaker 5: think that there's a rule of law there.
11:10
Speaker 1: When you look at this opinions, it just doesn't know it.
11:13
Speaker 7: Yeah, exactly, Mark Elias. We should pull the curtain back
11:17
Speaker 7: on what's actually happening, shouldn't we. People are exploring options
11:22
Speaker 7: to live in other countries if they think they could
11:25
Speaker 7: be targeted for prosecution by Donald Trump, because targeting you,
11:28
Speaker 7: or targeting me, or targeting Andrew would be an official
11:31
Speaker 7: act based on today's decision.
11:34
Speaker 8: Yeah, I mean they could target for criminal prosecution, they
11:38
Speaker 8: could target or administrative investigation, the IRS, the SEC, the EPA.
11:45
Speaker 2: I mean, they're not just talking about death, they're talking
11:47
Speaker 2: about using the president saying I'm going to target everybody
11:49
Speaker 2: I want to and use all of the things, by
11:51
Speaker 2: the way, which Democrats have done. They've used the justice system,
11:53
Speaker 2: they use the IRS, the Tea Party for example, They've
11:56
Speaker 2: gone after people and raid their homes.
11:58
Speaker 1: Steve Bannon's in jail right now. Goes on and on
12:00
Speaker 1: and on.
12:02
Speaker 2: Of all the things that they're doing actually right now
12:05
Speaker 2: before this ruling that had nothing to do with this ruling.
12:07
Speaker 2: Now they're like, well, we're going to have to leave
12:09
Speaker 2: the country because he's just going to target all of us.
12:13
Speaker 5: So I gotta say, what utter garbage the two of them. Oh,
12:17
Speaker 5: they're going to target us. They're going to target us.
12:19
Speaker 5: That's what Joe Biden is doing right now, Joe Biden.
12:22
Speaker 5: This Justice Department is the most lawless, partisan, weaponized abuse
12:27
Speaker 5: system of justice ever seen. The absolute irony of those
12:32
Speaker 5: people saying, oh, Trump's going to do that. You know what,
12:34
Speaker 5: when he was president before, he didn't do that. It
12:37
Speaker 5: is you, you dishonest partisan hacks that are going after that
12:42
Speaker 5: have the four indicement against Trump. As you noted, Steve
12:45
Speaker 5: Bannon is in jail right now. They they are, Peter
12:49
Speaker 5: Navarro is in jail right now. You're going after pro
12:52
Speaker 5: life protesters, you're attacking, you're refusing to go after people
12:56
Speaker 5: are fire bombing pregnancy resource centers. The absolute hypocrisy. The
13:03
Speaker 5: people who invented weaponization are now saying, well, we're scared
13:07
Speaker 5: we'll be targeted. It's utter garbage. You know, I got
13:11
Speaker 5: to say, you're and my friend Jesse Kelly, he tweeted
13:14
Speaker 5: it in response to this. I think his tweet was
13:17
Speaker 5: very insightful. He said, you know what you call it
13:20
Speaker 5: when Scotus reveals the president has immunity, and the first
13:24
Speaker 5: thought the communists have is about using the military to
13:27
Speaker 5: execute political opponents. In poker, that's known as a tell.
13:34
Speaker 5: For instance, if you told me that the president can
13:36
Speaker 5: do whatever he wanted without restriction, my very first thought
13:40
Speaker 5: would be about firing government employees and eliminating entire federal agencies.
13:45
Speaker 5: For communists, their thoughts go directly to murder. Again a tell.
13:51
Speaker 2: It's a great point, and it goes back to the
13:54
Speaker 2: insanity of all of them. They do this, and then
13:58
Speaker 2: you know, you look at the Spring Court and again
14:00
Speaker 2: I go back to listen to Norm Essen on CNN
14:04
Speaker 2: immediately after this happens.
14:06
Speaker 1: Listen to what he says.
14:07
Speaker 9: When the president does it, that means it is not illegal.
14:11
Speaker 9: So in this context, with what the Court has decided,
14:15
Speaker 9: Norm does this mean that Nixon basically would have been
14:19
Speaker 9: able to do what he did completely legally without any recourse.
14:24
Speaker 10: You could have had substantial portions of Richard Nixon's wrongdoing
14:31
Speaker 10: that drove him from office because it was conducted from
14:36
Speaker 10: the Oval office, using his official advisors to engage in
14:42
Speaker 10: break ins, a wide variety of other illegal activity would
14:47
Speaker 10: have been impossible to prosecute. Essentially, what the Supreme Court majority,
14:51
Speaker 10: again including terribly conflicted justices who have no business sitting
14:57
Speaker 10: on this case under any standard of udicial ethics, what
15:01
Speaker 10: they've done, Sarah, is rewrite American history. It goes all
15:06
Speaker 10: the way back to the founding American idea. We overthrew
15:09
Speaker 10: King George the Third because we did not want a
15:13
Speaker 10: ruler to have this kind of absolute immunity, and the
15:16
Speaker 10: Supreme Court has now altered that. And we have to
15:22
Speaker 10: be honest that we're facing a major party political candidate
15:27
Speaker 10: who has said he wants to be a dictator on
15:29
Speaker 10: day one, he wants to assert autocratic powers. They've just
15:34
Speaker 10: given him a license for dictatorship within the purview of
15:39
Speaker 10: official acts. That should be extremely alarming, And it makes
15:45
Speaker 10: this momentous election really a referendum on the future of
15:49
Speaker 10: American democracy.
15:51
Speaker 2: A license for dictatorship, Like, come on, CNN.
15:55
Speaker 6: What utter garbage.
15:58
Speaker 5: And again, the Freud projection is so utterly rich. It
16:03
Speaker 5: is Joe Biden whose Department of Justice is targeting its
16:07
Speaker 5: political enemies. It is Joe Biden who is engaged in
16:11
Speaker 5: rampant censorship of the free speech of American citizens. It
16:16
Speaker 5: is Joe Biden who issued a blatantly illegal vaccine mandate
16:21
Speaker 5: that was thrown out by the courts, but fired thousands
16:25
Speaker 5: and thousands of active duty service men and women, fired
16:28
Speaker 5: FBI agents, fired Border patrol agents because they refuse to
16:32
Speaker 5: comply with his illegal vaccine mandate. And to be clear,
16:34
Speaker 5: the court struck down his vaccine mandate, but he had
16:39
Speaker 5: already gotten rid of the people he wanted to get
16:41
Speaker 5: rid of. It is Joe Biden who repeatedly issues lawless
16:46
Speaker 5: orders trying to give away a trillion dollars in student
16:48
Speaker 5: loans that he has no legal authority to do. He
16:51
Speaker 5: knows they'll get struck down in court, but he's trying
16:53
Speaker 5: to buy votes. That is utterly lawless. It is Joe
16:56
Speaker 5: Biden who on the border is ignoring the entirety of
16:59
Speaker 5: federal immigration law and is released has allowed eleven million
17:04
Speaker 5: people to come into this country illegally, who is ignoring
17:07
Speaker 5: the Americans who are being murdered, who are being raped
17:10
Speaker 5: by the criminals he's releasing. And yet you have these
17:14
Speaker 5: numbskulls go on CNN and say, oh, well, this means
17:16
Speaker 5: Trump can be a dictator. Trump didn't do any of that.
17:19
Speaker 5: Everything I just listed Trump actually followed the law. He
17:23
Speaker 5: exercised his power. He implemented policies that proved very beneficial
17:27
Speaker 5: for the American people. It is the Democrats. And look
17:31
Speaker 5: look when Alejandro Majorcas was impeached for utterly defying the law,
17:36
Speaker 5: for refusing to follow immigration law, every single Democrat in
17:40
Speaker 5: the Senate, all of them voted to throw out the
17:43
Speaker 5: case and to hear no evidence. So they don't care
17:46
Speaker 5: about the rule of law. They care about power. The
17:49
Speaker 5: reason they're angry and hyperventilating. Is because this case is
17:54
Speaker 5: an effort to weaponize the justice system to stop the
17:58
Speaker 5: voters from voting to elect Donald Trump, and this ruling
18:02
Speaker 5: they view as getting in the way of what they
18:04
Speaker 5: want to do, which is weaponized the justice system to
18:07
Speaker 5: subvert democracy. The irony is, he says, this is a
18:10
Speaker 5: blow to democracy. What they're doing is an attack on democracy,
18:15
Speaker 5: and they're frustrated that their attack on democracy is not working.
18:19
Speaker 1: Center.
18:20
Speaker 2: My final question for you now is the politics of this.
18:23
Speaker 2: You got Twitter going crazy in the left saying, all right,
18:25
Speaker 2: we'll just take out Donald Trump, which is I thought
18:28
Speaker 2: against all but apparently not. You've got the media saying, well,
18:31
Speaker 2: this means that Donald Trump, if he gets elected, is
18:33
Speaker 2: going to be a dictator and a tyrant and he
18:35
Speaker 2: can just lock everybody up, so people are going to
18:37
Speaker 2: have to flee the country. And now, in a weird way,
18:41
Speaker 2: this kind of gets the Democrats out of.
18:44
Speaker 1: Jail free card.
18:45
Speaker 2: With the court cases, which I believe have been backfiring
18:48
Speaker 2: on them. They've only been helping every time they go
18:51
Speaker 2: after Trump legally, it seems to help Donald Trump. Is
18:55
Speaker 2: this in a weird way of blessing in disguise politically
18:57
Speaker 2: for the Democrats, they can kind of just put pause
19:00
Speaker 2: and Jack Smith can go away, and Alvin Brad can
19:02
Speaker 2: kind of go away for a little bit, and we
19:04
Speaker 2: just kind of have a normal election.
19:05
Speaker 5: Now, you know, I think you may be overthinking it.
19:09
Speaker 5: I don't think they're capable of thinking strategically or rationally
19:13
Speaker 5: on this. They just hate him. They want to attack
19:15
Speaker 5: him on every front. It is always about Orange Man bad,
19:19
Speaker 5: it is always about Trump is the devil. And so
19:24
Speaker 5: they're just gonna have You're gonna see cries of frustration.
19:27
Speaker 5: You're gonna see tears on MSNBC. Trump winning terrifies them. Look,
19:34
Speaker 5: these cases, the Jack Smith case is not going to
19:36
Speaker 5: proceed before the election. It's going to take significant time
19:41
Speaker 5: to brief out and decide the immunity questions that now
19:44
Speaker 5: have been sent to the Lower Court. And it's not
19:46
Speaker 5: clear that any of the jack Smith case survives once
19:50
Speaker 5: you go through the analysis of what constituted an official action,
19:54
Speaker 5: either an exclusively official action or an official action with
19:57
Speaker 5: shared authority with Congress. Very little, if any of the
20:01
Speaker 5: Jack Smith indictment will survive that analysis. But and and
20:07
Speaker 5: actually Alvin Bragg, it's interesting, you know, we were supposed
20:10
Speaker 5: to have the judicial sentencing of Trump two days before
20:14
Speaker 5: the Republican Convention.
20:16
Speaker 6: That now is going to be delayed.
20:17
Speaker 5: And the reason it's going to be delayed is as
20:19
Speaker 5: soon as this decision came down, Trump's legal team asked
20:23
Speaker 5: to brief the judge there as to why those convictions
20:28
Speaker 5: should be thrown out under the reasoning in in this
20:32
Speaker 5: Supreme Court decision, and and and the court said yes,
20:35
Speaker 5: that that that the court will consider legal arguments on
20:38
Speaker 5: that question, and that meant that the sentencing had to
20:40
Speaker 5: be delayed. And Alvin Bragg agreed to delay the sentencing. Now,
20:44
Speaker 5: I got to say he pretty much had to. With
20:47
Speaker 5: this decision coming down, it is obvious that the court
20:50
Speaker 5: at least needs to consider what is the relevance of
20:54
Speaker 5: this decision to the convictions against Donald Trump. Now, the
21:01
Speaker 5: court said when it was scheduling arguments that it thought
21:04
Speaker 5: that the arguments were baseless. So I'm going to predict
21:07
Speaker 5: right now the New York judge is going to say, no,
21:10
Speaker 5: that decision doesn't change anything. And it is true that
21:15
Speaker 5: the conducted question occurred before Trump was president, and so
21:20
Speaker 5: it is in no way, shape or form an exercise
21:23
Speaker 5: of presidential authority, and so there are lots of reasons
21:28
Speaker 5: why the decision from the New York Trial Court is
21:33
Speaker 5: an absolute abomination and an abuse of power, and why
21:36
Speaker 5: it will be reversed on appeal. But it may well
21:39
Speaker 5: be that it's not going to be because of this decision,
21:42
Speaker 5: because this decision concerns the exercise of presidential powers, and
21:46
Speaker 5: Trump was not president when the conducted question occurred.
21:50
Speaker 2: As before, If you want to hear the rest of
21:52
Speaker 2: this conversation on this topic, you can go back and
21:55
Speaker 2: dow the podcast from earlier this week to hear the
21:58
Speaker 2: entire thing. I want to get back to the big
22:01
Speaker 2: story number three of the week. You may have missed, tender.
22:04
Speaker 2: There's another important issue. I know you wanted to bring up.
22:07
Speaker 2: It is one that has not been on the front
22:09
Speaker 2: pages of newspapers, and that doesn't mean it's not important.
22:13
Speaker 2: In fact, it's very important. Explain to us about this
22:16
Speaker 2: significant ruling that came down.
22:19
Speaker 5: So last week, the US Supreme Court decided a decision
22:22
Speaker 5: called lowp or Bright Enterprises Versus Raymondo. And what the
22:27
Speaker 5: court did is it overruled a nineteen eighty four decision
22:31
Speaker 5: of the Supreme Court. The Chevron decision, and that was
22:34
Speaker 5: a decision Chevron versus Natural Resources Defense Council. The Chevron
22:39
Speaker 5: decision created something that is called Chevron deference. Now, what
22:43
Speaker 5: is Chevron deference. It was a doctrine that said the
22:47
Speaker 5: courts will defer to federal agencies on rules and regulations
22:54
Speaker 5: so long as that rule and regulation is quote reasonable.
22:59
Speaker 6: What it did is it.
23:01
Speaker 5: Gave enormous powers to unelected bureaucrats, and Chevron you can
23:07
Speaker 5: trace in a very direct line, the rise of the
23:10
Speaker 5: administrative state, the rise of unelected bureaucrats issuing rules that
23:15
Speaker 5: are incredibly costly to the American people, incredibly harmful to
23:18
Speaker 5: the American people. You can trace that rise to the
23:22
Speaker 5: Chevron doctrine because when an agency of unelected bureaucrats issued
23:26
Speaker 5: a brand new rule, the courts would enforce that rule
23:30
Speaker 5: and say, well, it's the expert agency, and so we're
23:33
Speaker 5: going to get forced to what they say, even if
23:37
Speaker 5: Congress never passed this into law. And so the court
23:41
Speaker 5: last week overruled Chevron. What that means now is that
23:46
Speaker 5: it is Congress. It's the elected members of Congress that
23:50
Speaker 5: have to make policy decisions that impact the American people,
23:54
Speaker 5: not the armies of bureaucrats who have no democratic accountability.
23:59
Speaker 2: What type of present that will this have moving forward?
24:02
Speaker 2: And what is a state of corporations as well?
24:05
Speaker 6: Well?
24:05
Speaker 5: What it will do is weaken federal regulators. And let's
24:08
Speaker 5: take for example, the facts here. So the facts here
24:14
Speaker 5: concerned a family fishing company, and the federal government issued
24:20
Speaker 5: a regulation that required the family fishing Company number one
24:24
Speaker 5: to allow a fishing monitor a person on board their ship,
24:28
Speaker 5: but also forced the family fishing company to pay the
24:33
Speaker 5: salary of the federal fishing monitor, even though the law
24:36
Speaker 5: passed by Congress had no such requirements. So, in other words,
24:39
Speaker 5: this regulator said, okay, you the fisherman, you got to
24:44
Speaker 5: allow a federal bureaucrat on your ship, and you got
24:48
Speaker 5: to pay a salary. Why because we said so, because
24:50
Speaker 5: we want you to pay a salary. And the court said, well,
24:53
Speaker 5: wait a second. When Congress passed the law, it didn't
24:56
Speaker 5: say that where did you this come up with? Where
24:58
Speaker 5: did you come up with this? You just made this up.
25:00
Speaker 5: And so in this case I led an amicus brief,
25:05
Speaker 5: a friend of the court brief in the Supreme Court.
25:07
Speaker 5: It was joined by seventeen other senators Mike Johnson, the
25:11
Speaker 5: Speaker of the House, led an amicus brief in the
25:14
Speaker 5: House of Representatives. Let me read you the first couple
25:18
Speaker 5: of paragraphs of the brief that I filed in the
25:21
Speaker 5: Supreme Court.
25:22
Speaker 6: Here's the summary of the argument. Quote.
25:25
Speaker 5: The Court should unequivocally abandon the contemporary Chevron deference doctrine
25:30
Speaker 5: because it contradicts Articles one, two, and three of the Constitution.
25:36
Speaker 5: Decades of application of Chevron deference have facilitated the exercise
25:40
Speaker 5: of functions by the executive branch that more properly belong
25:45
Speaker 5: to the legislative and judicial branches. Agencies exploit general or
25:51
Speaker 5: broad terms and statutes to engage in policy making functions
25:56
Speaker 5: of questionable legality, with the assumption that the courts will
26:00
Speaker 5: grant deference and not independently evaluate the lawfulness of those
26:06
Speaker 5: agency interpretations. And then I quote from from a dissent
26:12
Speaker 5: of Justice Thomas's quote. The founders expected that the federal
26:17
Speaker 5: government's powers would remain separated and the people's liberty secure
26:23
Speaker 5: only if the branches could check each other. Therefore, the
26:29
Speaker 5: Constitution imposes structural constraints on all three branches, and the
26:34
Speaker 5: exercise of power free of those accompanying restraints subverts the
26:39
Speaker 5: design of the Constitution's ratifiers. The court agreed with the
26:45
Speaker 5: amicus brief that I filed for seventeen senators. It agreed
26:49
Speaker 5: with the amicus brief Mike Johnson, the Speaker the House,
26:52
Speaker 5: filed for a number of House members. And the result
26:54
Speaker 5: today is there is more power in the elected members
27:00
Speaker 5: of Congress. And the reason that matters is where power resides.
27:05
Speaker 5: You want it to reside where there's accountability. If Congress
27:09
Speaker 5: votes for an idiotic law that hurts the American people,
27:14
Speaker 5: you know what the voters can do. They can throw
27:16
Speaker 5: the bums out. If an unelected bureaucrat issues a rule
27:20
Speaker 5: that says, I don't know, fishermen, you got to let
27:23
Speaker 5: a bureaucrat on your vote and you got to pay
27:24
Speaker 5: a salary. Well, you know what, you can't fire that bureaucrat.
27:27
Speaker 5: That bureacrat doesn't run for office, that bureaucrat doesn't do
27:30
Speaker 5: town halls, that bureaucrat never sees the people he's hurting.
27:35
Speaker 5: And so this was a victory for democracy and a
27:39
Speaker 5: victory for the Constitution, which of course means democrats and
27:43
Speaker 5: the media are horrified.
27:45
Speaker 2: You know this reminds me so much of the parallels
27:48
Speaker 2: and what you're describing with what we saw with doctor Fauci,
27:52
Speaker 2: a guy elected by no one making more money than
27:54
Speaker 2: anybody else in the United States government. Literally that's not
27:57
Speaker 2: a joke, making more than the president makes and being
28:00
Speaker 2: able to basically make up and put laws on all
28:04
Speaker 2: of us in certain lockdowns, etc. On all of us
28:08
Speaker 2: and change the entire way we did our life. And
28:10
Speaker 2: there was in essence no checker balance for him. This
28:13
Speaker 2: seems like where the country is moving now, paying attention
28:17
Speaker 2: more to these type of situations.
28:19
Speaker 5: Well, and look, we see a whole series of decisions
28:22
Speaker 5: from the Supreme Court that are all about enforcing the
28:26
Speaker 5: Constitution and enhancing democracy. You take the Dobbs decision that
28:31
Speaker 5: overturned ROVERSUS weighed, what did it do. It moved questions
28:35
Speaker 5: of abortion that are hotly contested that people passionately disagree on.
28:40
Speaker 5: It moved them to the elected branches of government. It
28:43
Speaker 5: moved them to the fifty states, where the citizens of
28:46
Speaker 5: each state could decide what should the rules be in
28:49
Speaker 5: your state? And nobody would expect that Texas would have
28:52
Speaker 5: the same rules that California has because the citizens have
28:56
Speaker 5: different values and where there are contested policy issues that
29:00
Speaker 5: ought to be the voters deciding now. Interestingly enough, even
29:03
Speaker 5: though democrats on the corporate media love talking about how
29:07
Speaker 5: much they want to defend democracy, they are horrified whenever
29:12
Speaker 5: the voters actually get to decide. They want unelected judges
29:18
Speaker 5: deciding so long as they agree with what the judges
29:21
Speaker 5: are deciding, and they want unelected bureaucrats deciding, and they
29:24
Speaker 5: know they're going to agree with that because the bureaucrats
29:27
Speaker 5: are overwhelming the left wing and disconnected from the harms
29:31
Speaker 5: that their rules and regulations are causing.
29:35
Speaker 2: As always, thank you for listening to Verdict with Center
29:38
Speaker 2: Ted Cruz Ben Ferguson with you don't forget to down
29:41
Speaker 2: with my podcast and you can listen to my podcasts
29:43
Speaker 2: every other day you're not listening to Verdict or each
29:45
Speaker 2: day when you listen to Verdict. Afterwards, I'd love to
29:47
Speaker 2: have you as a listener to again the Ben Ferguson podcasts,
29:50
Speaker 2: and we will see you back here on Monday morning.