Latest / The Ben Ferguson Podcast / WE'RE BACK! Analyzing Why Colorado & Maine Decisions Barring Trump WILL BE Reversed

Transcript

WE'RE BACK! Analyzing Why Colorado & Maine Decisions Barring Trump WILL BE Reversed · The Ben Ferguson Podcast

0:01
Speaker 1: Well, let me first start off by saying, Happy New Year.
0:04
Speaker 1: Welcome to Verdict with Senator Ted Cruz, Ben Ferguson with you. Senator,
0:08
Speaker 1: Happy New Year's to you and your family. It's nice
0:11
Speaker 1: we had a little time off during the holidays, and
0:13
Speaker 1: I know you got to spend some great time with
0:15
Speaker 1: your family and and your kids, and I know you
0:19
Speaker 1: got some pretty good Christmas gifts as well. So Merry
0:22
Speaker 1: Christmas to you your family, and happy New Year as well.
0:25
Speaker 1: We have got a lot to chat about that has
0:28
Speaker 1: been happening, and let's start with this story Democrats trying
0:33
Speaker 1: to kick Donald Trump off the ballot in Colorado, in Maine,
0:36
Speaker 1: and this has been unfolding really over the holidays.
0:39
Speaker 2: Well, Ben, good to be back with you. Happy New Year.
0:42
Speaker 2: I hope you had a wonderful Christmas and a wonderful
0:46
Speaker 2: New Years. And we are starting now twenty twenty four.
0:49
Speaker 2: I will say, looking back over twenty twenty three, what
0:52
Speaker 2: an absolute dumpster fire of a year, A what a
0:56
Speaker 2: mess it has been, What a disaster it's been on
0:58
Speaker 2: the southern border, an an absolute assault it's been on
1:02
Speaker 2: the rule of law. Donald Trump indicted four different times
1:06
Speaker 2: as Democrats engage in law fair, trying to fight through
1:11
Speaker 2: the courts what they cannot beat at the at the
1:13
Speaker 2: ballot box. I have to say the decisions in Colorado
1:18
Speaker 2: and Maine are the most grotesque assaults on democracy that
1:25
Speaker 2: I have ever seen in my life. You know, there
1:28
Speaker 2: is an irony. There's an irony with leftists. They always, always,
1:31
Speaker 2: always accuse you of the thing it is they are
1:35
Speaker 2: in fact doing. It has become this ostentatious virtue signal
1:40
Speaker 2: for anyone on the left to say, we must defend democracy,
1:44
Speaker 2: we must save democracy. Usually they flick their hair back
1:48
Speaker 2: and let the wind blow their hair in the bit
1:51
Speaker 2: as they are saving democracy. And yet we see partisan
1:57
Speaker 2: democrats directly attacking democracy. What is democracy? Democracy is a
2:02
Speaker 2: process through which the people vote and their wishes are enacted. Now,
2:06
Speaker 2: technically speaking, we're not a democracy. We're a democratic republic.
2:10
Speaker 2: In other words, the voters vote to elect representatives, hence
2:15
Speaker 2: the republic. But we are built on democratic principles, which
2:20
Speaker 2: is that the will of the people is sovereign. And
2:24
Speaker 2: what the Democrats have done in both Colorado and in
2:28
Speaker 2: Maine is said, to hell with the voters. We don't
2:32
Speaker 2: care about democracy, We don't care what the voters want.
2:35
Speaker 2: We know better. We hate Donald Trump so much the
2:39
Speaker 2: voters are not allowed to vote for him. That is
2:45
Speaker 2: it's never happened in our nation's history. It is a
2:48
Speaker 2: level of partisanship and weaponization and cynicism and abuse of
2:53
Speaker 2: power that is truly unprecedented, and it is also legally frivolous.
2:57
Speaker 2: I'm here to tell you right now, these decisions will
3:02
Speaker 2: be reversed. I put the odds at these decisions being
3:05
Speaker 2: reversed at one hundred percent. When we get to November
3:10
Speaker 2: of this year, if Donald Trump is the Republican nominee,
3:14
Speaker 2: his name will be on the ballot. Donald Trump's name
3:17
Speaker 2: will be on the primary ballot in every state, and
3:20
Speaker 2: no partisan Democrat is going to succeed in removing his
3:25
Speaker 2: name from the ballot and keeping it off. That is
3:27
Speaker 2: my prediction right now. I believe the US Supreme Court
3:30
Speaker 2: will take this case. I think they will overturn, they
3:34
Speaker 2: will reverse the Colorado decision. I think they will do
3:37
Speaker 2: so swiftly, and I think there is a very real
3:40
Speaker 2: possibility they do so unanimously. I hope they do so unanimously.
3:44
Speaker 2: I don't know if the left leaning judges on the
3:47
Speaker 2: Court would be willing to do so, but they should.
3:49
Speaker 2: It would be the right thing to do. And I
3:51
Speaker 2: think there's a reasonable prospect that we get a nine
3:55
Speaker 2: zero decision from the US Supreme Court reversing the Colorado
3:59
Speaker 2: decision and making clear that if you don't like Donald Trump,
4:03
Speaker 2: the answer is go beat him at the ballot box,
4:05
Speaker 2: not go to your friendly Democrat in your pocket secretary
4:10
Speaker 2: of state, just to pull them off the ballot and
4:11
Speaker 2: prevent the voters from voting for him.
4:15
Speaker 3: Which brings us to Maine.
4:16
Speaker 1: And let's talk about Main's Democratic secretary of state.
4:20
Speaker 3: You talk about being friendly.
4:22
Speaker 1: She actually tweeted out at one point back in January
4:26
Speaker 1: the fourth of twenty twenty two, so two years ago.
4:30
Speaker 1: In essence, the fundamental right of any American citizen to
4:33
Speaker 1: vote freely, fairly, and to have their vote counted is
4:38
Speaker 1: the premise of our democracy. The Constitution and the Bill
4:42
Speaker 1: of Rights are not values to be compromised away, and
4:47
Speaker 1: that is what she tweeted out. Now, what's shocking about
4:50
Speaker 1: this is we've now found out more about this Democrat
4:53
Speaker 1: secretary of State number one. She is not elected by
4:56
Speaker 1: the people, She's elected by the legislature. And explain a
4:59
Speaker 1: little bit about because there's been some people that have
5:01
Speaker 1: been saying, like this woman wasn't even elected by the people.
5:04
Speaker 3: That's how they do it in Maine.
5:05
Speaker 1: But she also the reason why she said she wanted
5:08
Speaker 1: to take Trump off the ballot was mainly from what
5:10
Speaker 1: she described in the filings as from being from utube videos.
5:16
Speaker 3: Yeah.
5:16
Speaker 2: Look, different states select secretaries of state differently. Some states
5:22
Speaker 2: the voters elect the secretary of states. Other states, in Texas,
5:26
Speaker 2: for example, the governor appoints the secretary of state, so
5:29
Speaker 2: the secretary of State in Texas is not elected. The
5:32
Speaker 2: secretary of state is appointed by the governor. In Maine,
5:35
Speaker 2: they have a rather odd hybrid system where the state
5:39
Speaker 2: legislature elects the secretary of state. Now, the legislature elected her.
5:45
Speaker 2: Shenna Bellows is her name. She's a Democrat. She's a
5:47
Speaker 2: partisan Democrat. She was the executive director of the ACLU
5:53
Speaker 2: in Maine. And actually, interestingly, she's not a lawyer. She
5:58
Speaker 2: doesn't have a law degree, she had never been to
5:59
Speaker 2: law school. And she purported to make a definitive determination
6:05
Speaker 2: of what the Constitution of what the fourteenth Amendment, Section
6:08
Speaker 2: three means, what it holds, and make a determination that
6:12
Speaker 2: Donald Trump has engaged in insurrection. That decision will not stand.
6:20
Speaker 2: She didn't follow anything resembling due process that any court
6:23
Speaker 2: of law would recognize. And I think what the next
6:28
Speaker 2: step will be that this is being challenged in Maine
6:31
Speaker 2: state court, it goes to a main trial court initially,
6:34
Speaker 2: and then it could be appealed to the main Supreme Court.
6:37
Speaker 2: I think there's a very good chance the main trial
6:39
Speaker 2: court reverses it. I don't know the particular judge it
6:42
Speaker 2: will be in front of, but the right decision would
6:45
Speaker 2: be to reverse of the main trial court. But what's
6:47
Speaker 2: really going to decide this is the Colorado appeal. If
6:51
Speaker 2: I am right, that the Supreme Court will take the
6:53
Speaker 2: Colorado case and they will decide it quickly, that determination
6:58
Speaker 2: is going to be conclusive on me as well.
7:00
Speaker 1: So when you look at where this is moving forward,
7:03
Speaker 1: and I want to talk to politics of this for
7:05
Speaker 1: a second, what this seems to be is Democrats moving
7:09
Speaker 1: to what I describe as phase two of their radical
7:13
Speaker 1: you know, get rid of our constitution, our freedoms, our democracy,
7:18
Speaker 1: as she described, quoting her the fundamental rights of any
7:20
Speaker 1: American citizens to vote freely, fairly and have their vote counted.
7:25
Speaker 3: Right.
7:25
Speaker 1: It is the core premise of our democracy. Except if
7:28
Speaker 1: you go back twenty sixteen, Senator, look at what Democrats did.
7:32
Speaker 1: They try to overthrow the will of the people by
7:34
Speaker 1: impeaching Donald Trump using a dossier they knew was created
7:37
Speaker 1: by the Democrats. It was paid for by the Democrat
7:39
Speaker 1: National Committee and paid for by Hillary Clinton's campaign.
7:43
Speaker 3: That's a fact, undisputed fact. We know that now.
7:46
Speaker 1: In fact, they were even fined for misappropriating money with
7:50
Speaker 1: how they paid for that dossier. Democrats that were trying
7:53
Speaker 1: to impeach the president then because they didn't like who
7:56
Speaker 1: the people chose, knew they were impeaching the president off
7:59
Speaker 1: of off of basically a story that they created out
8:02
Speaker 1: of thin air. So now that didn't work, they move
8:05
Speaker 1: on to phase two, which is, all right, well, we
8:08
Speaker 1: can't trust that you're going to pick the candidate that
8:11
Speaker 1: we approve of, so we're going to take that candidate
8:14
Speaker 1: off the ballot. This seems to be phase two of
8:17
Speaker 1: this juncture now, which is all right, forget the past,
8:21
Speaker 1: the impeachment. We're going to get rid of your guy
8:23
Speaker 1: even before you have a chance to vote for him.
8:25
Speaker 1: And this is happening in dozens of states around the
8:28
Speaker 1: country they're looking to do the same thing. How concerning
8:30
Speaker 1: should we be as voters that this is literally that
8:33
Speaker 1: slippery slope.
8:34
Speaker 2: Look that this is utterly brazen, and it's the full
8:38
Speaker 2: manifestation of a pattern that has been unfolding for years.
8:42
Speaker 2: And as you know, I talk about it at length
8:44
Speaker 2: in the last two books I wrote. I wrote a
8:47
Speaker 2: year ago, I wrote a book called Justice Corrupted, How
8:50
Speaker 2: the Left has weaponized the legal system. That breaks down
8:54
Speaker 2: in detail how the radical left turned our legal system
8:58
Speaker 2: into an offensive weapon to try to attack their political
9:03
Speaker 2: opponents and destroy their political opponents. And then my latest
9:06
Speaker 2: book that just came out in the last couple of
9:08
Speaker 2: months is called Unwoke, How to Defeat Cultural Marxism in America,
9:12
Speaker 2: and it likewise describes how the cultural Marxists have seized
9:16
Speaker 2: the institutions of our government, the institutions of culture, journalism, education,
9:23
Speaker 2: colleges K through twelve, education, entertainment, sports, science, it goes
9:28
Speaker 2: through all of them. If you look at government under
9:32
Speaker 2: Barack Obama, we saw the federal government weaponized against the
9:38
Speaker 2: enemies of the White House. Under Barack Obama, the IRS
9:42
Speaker 2: began attacking conservatives and tea party groups. Under Barack Obama,
9:45
Speaker 2: the FBI, of the DOJ, and the CIA began to
9:48
Speaker 2: be weaponized to attack their political enemies. But then when
9:52
Speaker 2: Donald Trump got elected, it shattered the brains of leftists.
9:56
Speaker 2: They did not imagine that that was even remote possible.
10:00
Speaker 2: It could not happen. They were certain that Hillary was
10:03
Speaker 2: going to be anointed, was going to be coronated, and
10:07
Speaker 2: they would continue that their control, their stranglehold on the
10:11
Speaker 2: federal government when the voters had something different to say
10:13
Speaker 2: about it. When the voter said no, we don't want
10:16
Speaker 2: that and elected Donald Trump, we saw for four years.
10:20
Speaker 2: You want to talk about assaults on democracy, we saw
10:23
Speaker 2: number one right after the election, multiple Democrats object to
10:27
Speaker 2: the certification of Donald Trump. So, by the way, every Democrat,
10:30
Speaker 2: every media person who says it's an insurrection, it's an
10:33
Speaker 2: insurrection because they objected to the election ignores the fact
10:37
Speaker 2: that the Democrats had objected in two thousand and one,
10:41
Speaker 2: had objected in two thousand and five, and had objected
10:44
Speaker 2: in twenty seventeen. Every time a Republican had been elected
10:48
Speaker 2: in the two thousands, Democrats had objected. They'd done the
10:51
Speaker 2: same thing, but not only that, and By the way,
10:53
Speaker 2: one of the objectors was Jamie Raskin, ironically one of
10:56
Speaker 2: the impeachment managers. He himself was claiming that it was
11:00
Speaker 2: an insurrection when he had in fact objected on the
11:04
Speaker 2: floor of the House to Trump's first election as president.
11:09
Speaker 2: But if you look at what the DOJ and the
11:12
Speaker 2: FBI and the CIA and the alphabet soup of a
11:17
Speaker 2: federal agencies did when Trump was president, it was an
11:21
Speaker 2: assault on democracy. Why is that, Well, democracy says that
11:24
Speaker 2: the voters get to choose, and the voters elected Donald
11:27
Speaker 2: Trump in twenty sixteen. But yet the hard partisans who
11:31
Speaker 2: had burrowed into senior career positions at DOJ and the
11:35
Speaker 2: FBI and the rest of the agencies, they hated Trump,
11:38
Speaker 2: and they spent four years trying to undermine, trying to attack,
11:42
Speaker 2: trying to destroy the democratically elected president of the United States.
11:47
Speaker 2: That is an assault on democracy. That is reflecting a
11:50
Speaker 2: contempt for democratic values. That is saying, I, the career bureaucrat,
11:56
Speaker 2: know better who the president should be than the pesky voter,
12:00
Speaker 2: and I'm going to abuse my government power to try
12:02
Speaker 2: to destroy the officeholder that the voters elected. Well, that
12:09
Speaker 2: angry hateful lashing out that we saw in twenty seventeen,
12:13
Speaker 2: twenty eighteen, twenty nineteen, twenty twenty, that we saw with
12:16
Speaker 2: Russia Russia Russia, that we saw with the Steele dossier,
12:20
Speaker 2: that we saw with the relentless attack. The newest manifestation
12:24
Speaker 2: is what is happening in Colorado and what is happening
12:26
Speaker 2: in Maine. If you look at Colorado, the Colorado Supreme
12:29
Speaker 2: Court has seven members, all Democrats. They've been appointed by
12:33
Speaker 2: Democrat governors in Colorado. Interestingly, it was a four to
12:39
Speaker 2: three decision from the Colorado Supreme Court. The four justices
12:42
Speaker 2: who were in the majority none of them went to
12:46
Speaker 2: school in Colorado. They all went to Harvard and Yale.
12:50
Speaker 2: The three justices who went to law school in Colorado
12:53
Speaker 2: all dissented, and it shows you something about just how
12:57
Speaker 2: radicalized the elite schools been. Actually, one of those four
13:01
Speaker 2: justices is a woman I went to law school with.
13:03
Speaker 2: I was on the law review with her. I knew
13:05
Speaker 2: her well, she was a partisan Democrat then. But I
13:10
Speaker 2: got to say where she and her three other liberal
13:13
Speaker 2: justices are now is breathtaking, because they are saying, we
13:19
Speaker 2: don't care what the voters want in Colorado. Secretary of
13:24
Speaker 2: State in Maine is saying, I don't care what the
13:26
Speaker 2: voters want in Maine. I hate Trump so much you
13:32
Speaker 2: cannot vote for him. That has no precedent in our
13:35
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Speaker 1: seven to two Patriot. You look at these these moving
15:09
Speaker 1: forward and continuing to assault on our democracy. It brings
15:13
Speaker 1: me to phase three. And you warned about this in
15:15
Speaker 1: your book. You alluded to it a second ago. But
15:17
Speaker 1: I want to dive into this. More Democrats and they
15:19
Speaker 1: don't get their win election day, then they try to
15:21
Speaker 1: impeach a conservative. Then if then another can it comes
15:24
Speaker 1: out they find threatening. Now they're just going to try
15:26
Speaker 1: to take them off the ballot. If that doesn't work
15:29
Speaker 1: and the Supreme Court, you know, shuts it down nine
15:31
Speaker 1: to zero or eight to one or whatever seven to two,
15:34
Speaker 1: then I think we can all agree Stage three would
15:37
Speaker 1: be okay. Well, the next time we have a chance
15:39
Speaker 1: to pack that court, which is what you warned about
15:41
Speaker 1: in your book. Then we're just going to pack the
15:43
Speaker 1: court until we get the votes we need so then
15:45
Speaker 1: we can kick people off ballots anywhere we went to
15:47
Speaker 1: in America.
15:48
Speaker 2: Am I crazy to think that's where we're going. You're
15:51
Speaker 2: not crazy, and it is exactly where we're going. The Democrats,
15:55
Speaker 2: they believe the ends justify the means. They have convinced
15:58
Speaker 2: themselves Donald Trump is Hitler, and therefore, in order to
16:01
Speaker 2: stop Hitler, anything, anything, anything is justified and destroying norms,
16:05
Speaker 2: destroying the principle that the voters decide elections, that's perfectly
16:10
Speaker 2: okay from their perspective. Destroying the rule of law, destroying
16:14
Speaker 2: the Supreme Court. Look, you've seen Merrick Garland and the
16:17
Speaker 2: Department of Justice and Democrats in the Senate wage war
16:20
Speaker 2: on the US Supreme Court, trying to delegitimize the court,
16:23
Speaker 2: trying to destroy trust because they don't like the rulings
16:27
Speaker 2: coming from the court, and it's perfectly acceptable. They apparently
16:31
Speaker 2: have no compunction, No tiny voice in them says, well,
16:36
Speaker 2: maybe our country is worse off. They don't have that voice,
16:39
Speaker 2: they don't respond to it. Instead, they're willing to do
16:43
Speaker 2: whatever it takes because they they're convinced with a messianic
16:48
Speaker 2: zeal It's a zealotry that is reminiscent of the fervor
16:57
Speaker 2: of a religious zealate, of a fanatic. It has become
17:01
Speaker 2: their life purpose to hate and attack Donald Trump and
17:06
Speaker 2: to destroy every institution in America if necessary, to stop
17:10
Speaker 2: Donald Trump.
17:12
Speaker 1: When this news broke of Main's top elective official removing
17:15
Speaker 1: Trump from the twenty twenty four primary ballot, the shocking
17:19
Speaker 1: part was in the devil in the details of the
17:22
Speaker 1: decision on why they decided to do it. They of
17:24
Speaker 1: course said, oh, what was January the sixth insurrection? But
17:28
Speaker 1: they actually cited YouTube videos, which is one of the
17:33
Speaker 1: reasons want to kick him off the ballot. And even
17:35
Speaker 1: on CNN they couldn't get this past their own commentators
17:38
Speaker 1: who said this listen carefully.
17:41
Speaker 4: An interesting discussion, an interesting take from the main Secretary
17:44
Speaker 4: of State. Here, the fourteenth Amendment, section three says in
17:48
Speaker 4: playing texts that if you shall have engaged in insurrection,
17:52
Speaker 4: you can't be in office. She takes that to mean
17:57
Speaker 4: that if she determines a Donald Trump engage in insurrection,
18:00
Speaker 4: he can't be on the main primary ballot. Is it
18:01
Speaker 4: that simple.
18:02
Speaker 3: No, it's not that simple.
18:03
Speaker 5: So clearly Section three of the Fourteenth Amendment says, engage
18:06
Speaker 5: in insurrection, you're out.
18:07
Speaker 3: We all have that.
18:08
Speaker 5: The complicated part, and where we are going to see
18:11
Speaker 5: this play out in the courts is who gets to
18:13
Speaker 5: decide and buy what process. Now it's important to know.
18:16
Speaker 5: And in the ruling the Secretary of State we just
18:18
Speaker 5: heard from says she's basically following the same legal reasoning
18:21
Speaker 5: as the Colorado Supreme Court did last week. And she
18:24
Speaker 5: says in her ruling, if this gets struck down in Colorado,
18:27
Speaker 5: we're out of luck too. So she's facing it on
18:29
Speaker 5: the same legal argument. Let me sort of lay out
18:31
Speaker 5: the arguments both sides, and by the way, it's worth saying,
18:33
Speaker 5: we're all theorizing here, we're in legally unknown territory. The
18:37
Speaker 5: argument against is, first of all, the Fourteenth Amendment, Section
18:40
Speaker 5: five says Congress has the authority to pass laws to
18:43
Speaker 5: implement this. They did, they passed the criminal law. And
18:46
Speaker 5: the argument is that means Congress, not the States. But
18:49
Speaker 5: perhaps and this is the argument that the main secretary
18:51
Speaker 5: of State in Colorado made, the states can do it too.
18:54
Speaker 5: If that's true. Then Section two. Question two is we're
18:59
Speaker 5: the processes? Were these hearings fair? Did they comport with
19:03
Speaker 5: due process? And I think there's a question there with
19:05
Speaker 5: regard to what Maine did because if you look at
19:07
Speaker 5: the hearing, and she details us in the ruling, they
19:11
Speaker 5: heard from one fact witness, a law professor. She based
19:14
Speaker 5: her ruling on a lot of documents, but also YouTube clips.
19:18
Speaker 1: I mean, senator, also YouTube clips and one one witness
19:23
Speaker 1: who is a law professor. I'm going to gotten a
19:26
Speaker 1: limb here and say it's probably a liberal law professor
19:28
Speaker 1: they found to make the argument. And so now that's
19:31
Speaker 1: enough that we can just say, yep, you can't vote
19:33
Speaker 1: for you the candidate you want to choose that the
19:35
Speaker 1: Republican Party chooses, because we think it's a threat to
19:37
Speaker 1: the Democratic parties. So therefore you don't have the option.
19:40
Speaker 1: Like this is the world we live in now in
19:41
Speaker 1: twenty twenty.
19:42
Speaker 2: Four, you know. And it's interesting that that legal commentator
19:47
Speaker 2: on CNN is very liberal, but even he is saying
19:50
Speaker 2: this is ridiculous. Look the text of the fourteenth Amendments,
19:54
Speaker 2: Section three, here's what it says. It says, quote, no
19:57
Speaker 2: person shall be a senator or representative in Congress, or
20:00
Speaker 2: elector of President and Vice President, or hold any office
20:04
Speaker 2: civil or military under the United States or under any State,
20:07
Speaker 2: who having previously taken an oath as a member of Congress,
20:10
Speaker 2: or as an officer of the United States, or as
20:12
Speaker 2: a member of any State legislature, or as an executive
20:15
Speaker 2: or judicial officer of any State, to support the Constitution
20:18
Speaker 2: of the United States, shall have engaged in insurrection or
20:22
Speaker 2: rebellion against the same, or given aid and comfort to
20:26
Speaker 2: the enemies thereof. But Congress may, by a vote of
20:29
Speaker 2: two thirds of each House, remove such disability. Now, this
20:33
Speaker 2: was passed right in the wake of the Civil War,
20:36
Speaker 2: and it was designed to stop people who had fought
20:38
Speaker 2: the Confederate Army from serving in government office. That if
20:43
Speaker 2: you had been part of an army waging war a
20:46
Speaker 2: civil war. Look, at the end of the day, the
20:48
Speaker 2: Civil War killed over six hundred thousand Americans. It was
20:51
Speaker 2: a war that waged on for four years. It was
20:54
Speaker 2: the bloodiest war in American history. And the fourteenth Amendment
20:57
Speaker 2: concluded if you were a Confederates soul, you were not
21:00
Speaker 2: going to be a senator, a congressman. You were not
21:04
Speaker 2: going to be president. You were not going to be
21:06
Speaker 2: a federal officer. That was written into law. Now it is.
21:11
Speaker 2: It defies reason, logic, and facts to suggest that Donald
21:19
Speaker 2: Trumps standing up and giving a speech on January sixth,
21:22
Speaker 2: in which he urged people to be peaceful not to
21:25
Speaker 2: be violent, was somehow equivalent to leading a brigade in
21:30
Speaker 2: the Civil War and fighting a war, by the way, insurrection.
21:36
Speaker 2: So the central question here is whether or not Donald
21:39
Speaker 2: Trump is guilty of engaging an insurrection. Now, we don't
21:43
Speaker 2: entirely have to theorize on this. Actually, the United States
21:46
Speaker 2: Congress has defined insurrection. So there is a statute. The
21:49
Speaker 2: statute is eighteen usc. Section two three eight three. It
21:53
Speaker 2: is entitled rebellion or insurrection. Here's the definition of it.
21:58
Speaker 2: Whoever incites, sets on foot, assists, or engages in any
22:03
Speaker 2: rebellion or insurrection against the authority of the United States
22:07
Speaker 2: or the laws thereof, or gives aid or comfort there too,
22:12
Speaker 2: shall be fined under this title or in prison not
22:15
Speaker 2: more than ten years, or both, and shall be incapable
22:19
Speaker 2: of holding any office under the United States. So this
22:23
Speaker 2: is defined, and it's defined specifically with regard to the
22:25
Speaker 2: Fourteenth Amendment that if you're convicted of this under the
22:28
Speaker 2: terms of the statute, you're disqualified under the fourteenth Amendment. Now,
22:32
Speaker 2: interestingly enough, Jack Smith is literally trying to throw the
22:37
Speaker 2: book at Donald Trump. He has brought two different indictments,
22:40
Speaker 2: one in Florida, one in DC. Jack Smith is javert.
22:44
Speaker 2: He is pursuing Jean Valjean, and he will not stop
22:49
Speaker 2: no matter what. Jack Smith is demonstrated that he is
22:52
Speaker 2: not constrained by the bounds of law when he went
22:55
Speaker 2: after Bob MacDonald, the Republican governor of Virginia, when he
22:58
Speaker 2: indicted him up destroying his political career. That ended up
23:03
Speaker 2: being reversed unanimously by the Supreme Court nine to nothing,
23:06
Speaker 2: actually eight to nothing because one of the justices was recused.
23:10
Speaker 2: But the fact that it was lawless did not stop
23:13
Speaker 2: Jack Smith. Well, you know what, Jack Smith has not
23:17
Speaker 2: indicted Donald Trump under eighteen USC. Section two three eighty three.
23:21
Speaker 2: He has not charged him with insurrection. Donald Trump is
23:25
Speaker 2: not charged with insurrection in any court of law anywhere
23:28
Speaker 2: in the country. And there is a reason even a
23:32
Speaker 2: rapidly partisan obsessed prosecutor like Jack Smith, even in an
23:36
Speaker 2: incredibly friendly venue like the District of Columbia with a
23:40
Speaker 2: very left wing judge and with a jury pool that
23:42
Speaker 2: voted ninety four percent Democrat. Even there, Jack Smith and
23:47
Speaker 2: his team no doubt concluded, we don't have the evidence
23:52
Speaker 2: to charge Trump with insurrection. Now what did the main
23:55
Speaker 2: secretary of state say?
23:56
Speaker 3: Ah?
23:57
Speaker 2: Evidence, schme evidence. I look at a YouTube video, I
24:00
Speaker 2: you know what. Gosh, everyone on TV says insurrection. It
24:03
Speaker 2: must be an insurrection because every Democrat I know screams
24:06
Speaker 2: insurrection when they look at Trump. It is a lawless determination.
24:11
Speaker 2: And that's why. That's one of the many reasons why
24:14
Speaker 2: I believe the Supreme Court will reverse the Colorado Supreme Court.
24:18
Speaker 2: And as I said, I think there's a very good
24:20
Speaker 2: chance they'll do so unanimously.
24:22
Speaker 1: All Right, So let's move into the politics and the
24:25
Speaker 1: timing of this year. We're very close now to getting
24:30
Speaker 1: into the primaries. We're talking about Iowa, New Hampshire, and
24:34
Speaker 1: South Carolina Center. You know this map and this calendar
24:37
Speaker 1: and how important it is when you ran for president.
24:40
Speaker 1: And this could linger on with this over Donald Trump's head,
24:44
Speaker 1: with state after state trying to kick him off the ballot.
24:47
Speaker 1: How long could we have to wait until the Supreme
24:49
Speaker 1: Court gets involved. And then how long would we have
24:52
Speaker 1: to wait for the ruling for this to come down?
24:54
Speaker 1: Are we weeks or months? How long could this? How
24:56
Speaker 1: does this play out the Supreme Court? Well, the appeal
24:59
Speaker 1: is already penning at the Supreme Court. So last week,
25:02
Speaker 1: last Wednesday, the Colorado Republican Party asked the Supreme Court
25:06
Speaker 1: to overturn the Colorado Supreme Court's decision so that the
25:09
Speaker 1: initial appeal papers have been filed. In the interim, Trump's
25:14
Speaker 1: name is on the ballot and in Colorado, and that
25:18
Speaker 1: was under the terms of the Colorado Supreme Court decision,
25:22
Speaker 1: which which is it? They stayed their own decision pending appeal.
25:25
Speaker 1: They recognized the massive consequences of it. So the primary
25:30
Speaker 1: in Colorado is on March fifth, and so right now
25:34
Speaker 1: Trump's name is on the March fifth ballot. With the
25:39
Speaker 1: appeal filed, the court could act exceptionally quickly. The Court
25:43
Speaker 1: could act in a matter of days or weeks. And
25:46
Speaker 1: there are times for emergency appeals that the Court's schedules
25:49
Speaker 1: are very expedited, briefing schedule, schedules, oral arguments, and issued
25:53
Speaker 1: a decision.
25:54
Speaker 2: I hope they do that. Look, there's a chance they
25:58
Speaker 2: take their time and let it lay out, because the
26:01
Speaker 2: Colorado Supreme Court decision is stayed, and so they could say, well, look,
26:06
Speaker 2: he's going to be on the ballot. So there's no
26:08
Speaker 2: urgency or exigency. And by the way, in Maine, there's
26:12
Speaker 2: a good chance the main courts overturned the main Secretary
26:15
Speaker 2: of State's decision. If that happens, then there is no
26:19
Speaker 2: immediate threat to the voters being denied the ability to
26:24
Speaker 2: elect the candidate of their choice. I hope the Court
26:28
Speaker 2: doesn't slow down or doesn't take their time doing it.
26:30
Speaker 2: I hope they resolve this quickly. I think it's important
26:33
Speaker 2: to have clarity nationally. But the court has the ability.
26:39
Speaker 2: There are times where it has briefed and heard argument
26:42
Speaker 2: and issued decisions within a matter of days, so it
26:46
Speaker 2: has the ability to move very quickly. During Bush versus Gore,
26:49
Speaker 2: during those thirty six days when we had multiple recounts
26:54
Speaker 2: in Florida, as your recall, I was part of the
26:56
Speaker 2: legal team that was litigating Bush versus Gore. I was
26:59
Speaker 2: down in Tallahassee representing George W.
27:02
Speaker 3: Bush.
27:02
Speaker 2: In those thirty six days, we went to the US
27:04
Speaker 2: Supreme Court twice and within that period briefed out the case,
27:09
Speaker 2: had oral argument, and had decisions two different times from
27:12
Speaker 2: the US Supreme Court within those thirty six days. So
27:15
Speaker 2: when the court wants to, it can move exceptionally fast.
27:20
Speaker 2: I would note also that between the two look in
27:26
Speaker 2: terms of the general election, the odds are not great
27:31
Speaker 2: that Colorado is going to be a swing state. Joe
27:34
Speaker 2: Biden won Colorado by about fourteen points last time, and
27:39
Speaker 2: so it's Colorado is not anticipated to be a swing
27:42
Speaker 2: state in November. Maine, interestingly enough, is so Maine has
27:47
Speaker 2: an unusual way of allocating its electoral votes. Maine has
27:52
Speaker 2: a total of four electoral votes, and two of them
27:55
Speaker 2: go to the winner of the state, and then one
27:57
Speaker 2: goes to the winner of one congressional district goes to
28:00
Speaker 2: the winner of another congressional district. So Maine has two
28:03
Speaker 2: congressional districts. What's interesting about that is, even though Maine
28:07
Speaker 2: has been a reliably Democrat state in presidential elections for
28:11
Speaker 2: some time, one of the two congressional districts in Maine
28:15
Speaker 2: quite regularly will vote for Republicans, and so Trump one
28:20
Speaker 2: one electoral vote out of Maine. He added one of
28:22
Speaker 2: the districts he won the other three he lost, and
28:25
Speaker 2: that could easily happen again. And listen, if this election
28:29
Speaker 2: was quite close, it could literally come down to that
28:32
Speaker 2: single electoral vote in Maine deciding the outcome. And so
28:37
Speaker 2: the decision in Maine is quite consequential. It's also consequential
28:41
Speaker 2: going forward. Do other states, in particular swing states make
28:45
Speaker 2: the same determination. Do you see bigger states a Pennsylvania,
28:49
Speaker 2: a Michigana, Wisconsin. Do you see states like that that
28:53
Speaker 2: are very much in play, that very much could go
28:56
Speaker 2: either way? Do you see them engage and try to
28:59
Speaker 2: follow this pattern? And if these left wing partisans were
29:04
Speaker 2: to succeed in removing Trump from the ballot, I think
29:07
Speaker 2: the risk would be very high that you would see
29:10
Speaker 2: other bigger and more consequential swing states following that pattern. Now,
29:15
Speaker 2: I don't think that's going to happen because they're not
29:17
Speaker 2: going to succeed. And by the way, there's an obvious
29:20
Speaker 2: escalation at some point. If the left weaponizes the legal
29:24
Speaker 2: system to such an extent that they try to remove
29:27
Speaker 2: the Republican nominee from the general election ballot, you are
29:31
Speaker 2: likely to see red states reciprocate and try to remove
29:36
Speaker 2: the Democrat nominee from the ballot that this can be
29:40
Speaker 2: a mutually assured destruction, which is one of the reasons
29:44
Speaker 2: I don't think there's any chance the Supreme Court allows
29:48
Speaker 2: this Colorado decision to go into effect because it undermines
29:53
Speaker 2: the ability of the voters to choose who they want
29:57
Speaker 2: as president, and that is as foundational to democracy in
30:00
Speaker 2: our country as anything there is.
30:03
Speaker 1: Let me tell you about a gust of precious metals.
30:05
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30:20
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30:24
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30:28
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30:33
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31:32
Speaker 1: on this, there's the political ramifications of this. There's a
31:35
Speaker 1: lot of conservative voters now that are very upset. I've
31:39
Speaker 1: heard from more people that are not necessarily big fans
31:43
Speaker 1: of Donald Trump that are now, like, the hell with this,
31:47
Speaker 1: I'm gonna stand behind Donald Trump because this is just
31:49
Speaker 1: so egregious. Do you think the Democrats overplayed their hand
31:53
Speaker 1: here politically and the backfire could be catastrophic to them,
31:57
Speaker 1: or by the time we get to election, will a
32:00
Speaker 1: lot of this just be forgotten.
32:02
Speaker 2: Well, I think politically this benefits Trump in the primary.
32:07
Speaker 2: You know, rewind go back to our early podcasts last
32:12
Speaker 2: year when the first Trump indictment, when the Alvin Bragg
32:16
Speaker 2: indictment came down, You and I went on air, and
32:19
Speaker 2: right after that indictment, I went on this podcast and
32:22
Speaker 2: I told the podcast viewers, I said, Donald Trump will
32:26
Speaker 2: go up ten points in the polls as a result
32:28
Speaker 2: of this. That was a prediction I made immediately after
32:31
Speaker 2: the indictment came down. A week later, Donald Trump was
32:35
Speaker 2: up ten points in the polls, and by the way,
32:37
Speaker 2: he's never come down since. If you look at a
32:39
Speaker 2: year ago, the poll numbers had a much more competitive
32:43
Speaker 2: race between Trump and Dessantus a year ago, and then
32:45
Speaker 2: the first indictment came, and then the second, and then
32:47
Speaker 2: the third, and then the fourth, and Trump's numbers went
32:50
Speaker 2: up and up and up, and everyone else's numbers went down.
32:53
Speaker 2: And I think one of the effects is in a
32:54
Speaker 2: Republican primary, people rallied around Trump. Look when the Colorado
32:59
Speaker 2: Supreme Court decision came down, all of Trump's opponents immediately
33:02
Speaker 2: denounced it, which you had to do.
33:04
Speaker 3: It.
33:04
Speaker 2: It was a lawless abuse of power. I also think
33:09
Speaker 2: the Democrats are quite fond of that. Every single Democrat
33:13
Speaker 2: in elected office wants Trump to be the nominee. But
33:18
Speaker 2: at the same time, so they are happy with helping
33:21
Speaker 2: Trump in the primary because that's the outcome they want
33:24
Speaker 2: in the general. Assuming this Colorado decision is overturned, assuming
33:28
Speaker 2: the main decision is overturned, it could backfire. You could
33:33
Speaker 2: see some independent swing voters get ticked off. In a
33:36
Speaker 2: state like Maine that has independence that might have some
33:40
Speaker 2: lasting legacy, in a state like Colorado that has some
33:42
Speaker 2: independence that might have some impact as well. I have
33:46
Speaker 2: not seen any evidence that this ABUSEI of power is
33:51
Speaker 2: hurting Democrats in a general election. It may be the case,
33:57
Speaker 2: but one of the challenges is that the media is
34:00
Speaker 2: so utterly corrupt that they're by and large not reporting
34:04
Speaker 2: on it. But I would tell listeners a verdict. Anytime
34:07
Speaker 2: you're talking with leftists who are arguing and they're trotting
34:11
Speaker 2: out language like we must save democracy, you know, it's
34:16
Speaker 2: a great opportunity to say, oh, save democracy, you mean
34:18
Speaker 2: like Colorado, like Maine, Like preventing the voters from actually
34:22
Speaker 2: voting for the candidate they want to vote for explain
34:24
Speaker 2: to me how exactly it's saving democracy to stop the
34:30
Speaker 2: voters from voting for the candidate they want to vote for.
34:33
Speaker 2: And I don't know of a leftist who can argue
34:35
Speaker 2: against that other than to just jabber, you know, Trump
34:38
Speaker 2: is evil, Trump is evil. Trump is evil, rather than
34:41
Speaker 2: actually engage in reason and logic. And so I'm not
34:46
Speaker 2: convinced this abuse of power will have a massive ish
34:50
Speaker 2: impact on turnout in November, but I do think it
34:53
Speaker 2: helps Trump in the primaries.
34:56
Speaker 3: It's going to be a very interesting twenty twenty four.
34:58
Speaker 1: Obviously we are going cover it all for you here
35:01
Speaker 1: on Verdict, and Happy New Year to you and your family,
35:04
Speaker 1: every one of you the listening, don't forget to hit
35:06
Speaker 1: that subscribe.
35:07
Speaker 3: Button, that auto download button are on Apple.
35:09
Speaker 1: The follow button is the algorithms have changed a lot
35:12
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35:16
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35:20
Speaker 1: Will We are looking forward to bring you a lot
35:22
Speaker 1: of information. This is going to be a very active year,
35:25
Speaker 1: so thank you for spending time with us on your
35:27
Speaker 1: new year.
35:28
Speaker 3: Happy New Year to each and every one of your center.
35:29
Speaker 1: Happy New Year to you as well, and I know
35:31
Speaker 1: you want to say to all the listeners again, Happy
35:33
Speaker 1: New Years to them.
35:34
Speaker 2: Happy New Year, and May twenty twenty four be an
35:37
Speaker 2: extraordinary year for our nation. May God bless you and
35:40
Speaker 2: your family, and may God continue to bless the United
35:43
Speaker 2: States of America.
35:44
Speaker 3: We'll see you back here on Wednesday morning.