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The Megyn Kelly Show
- October 02, 2020
Sen. Ted Cruz on the Supreme Court, the Debates and the Media | Ep. 4
Episode Stats
Length
1 hour and 4 minutes
Words per Minute
183.83844
Word Count
11,940
Sentence Count
789
Summary
Summaries are generated with
gmurro/bart-large-finetuned-filtered-spotify-podcast-summ
.
Transcript
Transcript is generated with
Whisper
(
turbo
).
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Welcome to The Megyn Kelly Show, your home for open, honest and provocative conversations.
00:00:44.640
Hey everybody, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
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We have got Senator Ted Cruz with us today
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and he has got some strong thoughts on the debate this week
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and is actually calling now for new rules to be implemented
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on who can moderate these debates
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suggesting there is too much anti-Trump or anti-Republican bias
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in the moderators, in the selections
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that the Commission on Presidential Debates are making.
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And it's interesting to me because I will tell you
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I had my own experience this week where I live tweeted the debate
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and my random thoughts as I watched it
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and was promptly met by an article from some website
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that normally traffics in the Kardashians and the Bachelorette
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saying one thing is clear from her Twitter feed
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Megyn Kelly is for Trump.
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So this is what happens when you just cover him and Joe Biden fairly, right?
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When you just say, okay, point Biden, point Trump, point Biden, point Trump.
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This is a weakness for Trump.
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This is a weakness for Biden.
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And I encourage anybody to go back and look at my Twitter at Megyn Kelly
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to make up their own minds.
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But it's stunning to me.
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Unless you are talking about Trump as though he is frothing at the mouth
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and only a little bit close to human,
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you're biased.
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You're in the tank for him and you're clearly voting for him.
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I think this is crazy.
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And I will tell you, even when Trump and I are good now,
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but when he was coming after me for all that time after our debate last time around,
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you go back and look at my coverage.
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I hit him when he deserved to be hit.
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He did a couple of really crazy things like going after the Gold Star family.
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But I covered him very fairly and defended him on a lot of stuff,
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even though personally I wasn't that happy with the guy.
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And that is the challenge that these journalists face today.
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I know they hate him.
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They make no pretense of even trying to hide it.
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But you owe it to your audience to try, you know, just to be fair.
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And honestly, if you don't, you're going to lose him.
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You're going to lose at least half of them.
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They don't they don't trust you.
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There's not a single Trump fan in the country that trusts CNN or MSNBC.
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Whereas I do think some center lefties watch Fox News.
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They certainly did watch the Kelly file when I was on.
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So I think this sort of attitude is at their own peril.
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And I think people really need to consider,
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is it that hard?
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Is it that hard to try to be fair to both sides?
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Hope springs eternal that they will learn.
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As Scarlett O'Hara said, tomorrow is another day.
00:03:16.260
Evan Hafer is a guy who started a coffee company after about 20 years in the U.S.
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Army as an infantryman, special forces soldier and CIA contractor.
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And the company he started is called Black Rifle Coffee Company.
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He's now the CEO and he's the founder.
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And this guy served our country honorably and understood the troops needed something very
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badly.
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And that was caffeine and not just the troops.
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But listen to what he did.
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He started roasting his own coffee in 2006 to bring with him while overseas.
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And then he modified his gun truck in the invasion of Iraq to grind his coffee.
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And this is a man who's committed to his coffee.
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I mean, that is that is impressive.
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So he founded BRCC, Black Rifle Coffee Company, in 2014, along with his buddy, Army Ranger
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Matt Best.
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As the combination of two passions, it would be to develop premium, fresh roasted coffee
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and also to honor and support those who serve on the front lines.
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I love this.
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Senator Ted Cruz, great to have you here.
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It's great to be with you, Megan, and congrats on the new podcast.
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Thank you so much.
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You know, you were the very first guest on The Kelly File, which turned out to be a very
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good omen for me.
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And so here you are, my very first week on The Megyn Kelly Show.
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So I'm feeling good.
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It's an honor.
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Well, I remember well, and you took off like a phenom on Fox, and I'm sure you will in the
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podcast world, too.
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Now, the question for you is whether Donald Trump or Joe Biden took off like a phenom at
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the debate this week.
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What would you grade each one of those guys?
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Oh, look, I think that the whole thing was a mess.
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I mean, they were yelling at each other.
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They were interrupting each other.
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They were insulting each other.
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I thought that got a bit much on both sides.
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At the end of the day, I doubt the debate changed a whole lot.
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I think if you entered the evening supporting Trump, you left the evening still supporting
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Trump.
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And if you entered supporting Biden, you probably left supporting Biden.
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Did you feel like Trump did well?
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I thought he had some good moments.
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I thought the best moment that Trump had was the contrast when he said, Joe Biden wants
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to shut down the economy, shut down small businesses, take away your job, shut down the
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schools.
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I want to see the economy open.
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I want small businesses open.
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I want people to go back to work.
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I want kids to go back to schools.
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And this is a choice between which path America goes.
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I thought that was a clear and important contrast and Trump's best moment of the night.
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What did you make of all the interrupting?
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People may not know that you're you're I mean, you're a storied debater.
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You've you argued in front of the U.S.
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Supreme Court nine times.
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You've had 43 oral arguments at courts of appeal across the country, not to mention all
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your years as a U.S.
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senator.
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So you've definitely got thoughts on how one debates well.
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What did you make of it?
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You know, I thought it was excessive.
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I would have rather had a more reasoned conversation rather than just yelling at each other.
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I also think several times Trump actually bailed Joe Biden out that that rather than letting
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him answer, he'd interrupt with something else.
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And I think I think Biden would have been in more trouble had he just spoken more.
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I also think Chris Wallace did a very poor job moderating.
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And you've obviously moderated those before and you've sat next to Chris doing it.
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And it I think Chris did not follow the lines of impartiality.
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I think he stepped in repeatedly to bail Joe Biden out in a way that I thought was was very
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inappropriate.
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Wait, I'll get to that in one sec.
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But I want to I want to know, you know, as you're as you're watching the debate go down
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and the interruptions are happening, do you are you thinking, how would I have handled
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this if I were Joe Biden?
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Because you've been you've debated debated Trump many times.
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What would you have done if you've been on the receiving end of that?
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Oh, look, I think Biden handled some of that pretty well.
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Biden's biggest victory of the night was probably that that for the expectations for him were
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so low that that that he was able to give give coherent answers and lay out his positions.
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And I had been raising a caution flag for some time that I think conservatives convince themselves
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that that Biden has full on dimension, that that he can't operate a remote control.
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I think that's that that's exaggerated.
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I think Joe has has lost a step, but but he, you know, was able to articulate what he believes
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and he did did fine.
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And that that was probably beneficial for Joe.
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It was also helpful for him to at least purport to run away from some of the more radical positions
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of his party.
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So when he when Joe said he didn't support defunding the police, that was probably good
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for him to say.
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Now, I think Wallace and or Trump both should have pressed back on him and said, well, wait
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a second here.
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Your party certainly does.
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The NYPD does when cutting a billion dollars.
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The Austin Police Department does.
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Portland does.
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Minneapolis does.
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And we're seeing the results.
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I think there should have been a lot more pushback.
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But Biden at least tried to run away from the more extreme and more unpopular positions.
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Right.
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The Green New Deal.
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And he wouldn't comment on whether he's going to pack the U.S.
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Supreme Court if he gets in office.
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But you raise a good point because I guarantee you, I guarantee you, Chris Wallace had follow
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ups to all of those.
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There's no way he wouldn't have had that in his outline.
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But he didn't get to ask any of them because the clock the clock kept ticking.
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Trump kept interrupting.
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It would spin out of control.
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And as the moderator, I mean, I could I could almost feel his panic like the outlines gone.
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The debate's gone.
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And I'll defend him in this conversation just by saying sometimes when you're panicking over
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the time that's that's ticking away, you try to do a fast wrap of the topic.
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And I think Chris kind of gave it to Biden many times over the course of that hour and
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a half in an attempt to move on and maybe didn't realize that he was leaning a little bit
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more toward the one candidate than the other.
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Yeah, look, I understand that.
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And this was an incredibly difficult debate for anyone to moderate.
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I mean, Trump is a force of nature and not a traditional debater, to put it mildly.
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Um, you know, I think Chris snickered and laughed and had some smart alecky comments that I think
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it's perfectly clear that that Chris is voting for Joe Biden and not Donald Trump.
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And I think that came out in the debate.
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And that is not a good thing for someone who's moderating a general election debate.
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It, it, the questions he, he, he was willing to ask the questions that are the oppo dump
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on Trump and, and he didn't have the same willingness to do that to Biden.
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And, and I think that's, and, and actually something I suggested today, I, I'd like to
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see how debates are done, uh, reformatted in that, what do you, what do you want to have
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happen?
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Look, I think there is a, a pretense of objectivity, but I think in Republican primaries, many of
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the people who are moderating the debate are themselves liberal Democrats who want everyone
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on the stage to lose.
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Most, if you look at the political affiliations of journalists.
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Um, and in the general election, uh, most of the people who, who moderate are, are also
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Democrats themselves.
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Um, you know, it was this, the next debate, uh, Scully was literally an intern for Joe
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Biden and an intern for Ted Kennedy.
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I mean, that's pretty remarkable.
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I didn't know that.
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Um, the guy moderating the next debate was an intern for Joe Biden.
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Yes.
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I mean, it's pretty stunning.
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Wow.
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Um, and, and look, people can have political backgrounds and, and, and be in journalism,
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but, but what I would suggest is, is sort of drop the pretense.
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And so I suggested two common sense rules going forward, which is number one, in a Republican
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primary debate, the moderators should be people who actually will vote in a Republican primary.
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Um, and, and that, I think that makes people more likely to ask the kinds of questions a
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Republican primary voter would care about rather than in the Republican primary debates.
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You have some, you, um, you know, you, you may remember one of the debates where, you
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know, John Harwood was insulting everyone in the, in the primary debate.
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And I kind of went off on him on it.
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It, there was no doubt he was going to vote for the Democrat and he wanted all of us to
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lose.
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And, and so I think that's a strange way to do a primary debate.
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And then what I suggested for the general election is rather than, rather than have sort of fake
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impartiality, just own the bias and have one outspoken conservative and one outspoken liberal.
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So I suggested a couple of pairings.
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I said, you know, look, uh, Mark Levin and Chris, Chris Hayes, everyone knows, or, or Rush
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Limbaugh and Rachel Maddow, um, or Ben Shapiro and, and, and Chris Cuomo.
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All right.
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Well, now I object to all of this.
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The point on that.
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No, I get it.
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I get it.
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Just be open about the bias.
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But if I object to these rules, number one, because they would exclude me in any way, shape
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or form, because I'm a registered independent and I think I know how to do a good debate.
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A fair point.
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And, and, and, and I actually agree.
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You don't fall neatly into if you were sort of openly owning the bias that that might leave
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you out.
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So sorry, sorry about that.
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I object to all of that.
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And then, you know, most of the journalists will tell you, oh, you know, I'm, I'm, I'm
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independent or I'm, I'm nonpartisan and they really are.
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I'm actually not.
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I've been a registered Dem.
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I've been a registered Republican.
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I've been a registered independent for the past decade plus, but you know, I, I vote the,
00:14:51.280
I guess, man or woman, not the party, right?
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You know, most, most politicians, present company accepted, irritate me.
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And it's hard for me to feel real affinity for them, but maybe.
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Look, I mean, I can, I can say candidly from having to be honest,
00:15:03.880
having done several debates with you moderating that, that you, you don't have the contempt
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for the Republican field that a lot of the other moderators did.
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And, and, and, and it came across, uh, it came across in the questions and the approach,
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um, which is not, and by the way, the, those journalists are great for a democratic primary.
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I mean, they actually reflect the, the democratic primary voters priorities because that's how
00:15:31.640
they're, they personally feel.
00:15:33.400
So, but the, the questions many of the primary debates have are, are not questions that actual
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Republican voters care about.
00:15:43.760
Okay.
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But let me, let me ask you one thing on that.
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I agree that the, the Republicans are trying to figure out during their primary who represents
00:15:50.440
my view, who do I most want to see representing my party in the general, but the other piece
00:15:55.780
of it is who can win, you know, and I remember at that debate, you know, the now, the now infamous
00:16:01.680
debate with Trump and my question to him about the women, um, one of the things I was asking
00:16:06.860
Scott Walker about was whether he was too extreme on the, on the abortion issue, right?
00:16:11.440
Because most of the Republicans are just fine with somebody who's pro-life.
00:16:14.560
You kind of have to be pro-life if you want to win as a GOP presidential candidate.
00:16:18.980
Um, but I was pressing, I just chose to press him on whether that was going to be too
00:16:23.580
extreme because he didn't want any exceptions for the life or health of the mother and the
00:16:27.720
Democrats would go insane to win in a general.
00:16:31.280
So don't you think, you know, there, there's some value in, in having some representation
00:16:34.740
of what's important to the left and whether you can overcome it to get enough people in
00:16:40.020
the center to win.
00:16:41.940
So of course there is, but, but I actually think primary voters know that.
00:16:46.220
I mean, you get that question all the time.
00:16:48.080
Okay.
00:16:48.340
Who's, who's best position to win?
00:16:50.000
And, and so that's, if you look in the democratic primary, I mean, that's the main reason Joe
00:16:56.760
Biden ended up winning the nomination is because they had a very explicit conversation where
00:17:01.560
most of their party was with Elizabeth Warren and was with the far left and with Bernie.
00:17:06.560
But at the end of the day, Joe Biden convinced them in their primary that he had a better shot
00:17:12.080
of winning.
00:17:12.520
And so they had a very explicit conversation, but it wasn't a conversation.
00:17:16.720
I mean, imagine a democratic primary debate, this cycle moderated by Rush Limbaugh.
00:17:25.120
I mean, I mean, that would be kind of absurd, wouldn't it?
00:17:27.420
I mean, I mean, it'd be interesting.
00:17:31.540
And my point is that, that it's all one-sided that, that for a primary debate, you shouldn't
00:17:38.500
have people moderating it who want everyone on the, on the stage to lose.
00:17:41.960
You should actually have people moderating it who are saying, look, I, one of these guys,
00:17:48.740
I hope wins.
00:17:49.820
And then in the general, look, if we, if you were doing a debate, let's say with, with
00:17:55.380
Mark Levin and Chris Hayes, you'd get hard questions.
00:17:59.960
Both sides would get hard questions.
00:18:01.760
I mean, I try to pick people who are smart, serious.
00:18:04.420
I'm going to say, you know, I just did.
00:18:06.160
You do that and you add somebody, you add a news person in the center who can.
00:18:11.800
And I could live with that too.
00:18:13.580
That would be.
00:18:14.260
I think we've struck a deal.
00:18:15.620
I think we have it.
00:18:16.340
We obviously have it all set for when you run in 2024, which I'll get to in a minute.
00:18:21.500
But let's talk about the Supreme Court because that's the hottest issue of the day.
00:18:24.680
And you're the perfect person to ask about it.
00:18:26.260
Let's start broad.
00:18:27.640
Do you think Amy Coney Barrett is going to be confirmed?
00:18:29.980
And by when?
00:18:30.840
I do.
00:18:33.360
I feel very good about it.
00:18:35.000
I think she will be confirmed.
00:18:37.040
Obviously, the hearings start in judiciary on October 12th.
00:18:41.200
And I think we will confirm her by the end of the month.
00:18:44.160
I think she'll be confirmed before Election Day, which I think is really important to ensure
00:18:49.860
we have a full functioning non-justice Supreme Court there in case there are any election
00:18:57.140
disputes that come out.
00:18:57.940
You don't think there are any meaningful, effective tactics the Democrats can do to
00:19:02.660
stop it?
00:19:04.560
I don't.
00:19:05.720
And I hope there aren't.
00:19:07.540
Now, I mean, I'll admit we've been sitting and brainstorming with creative parliamentary
00:19:13.180
experts about everything.
00:19:15.100
I think they'll try everything they can.
00:19:16.760
And they may try some extraordinary things.
00:19:19.240
You know, they may try storming out and boycotting.
00:19:24.780
I think at the end of the day, that is is pretty limited.
00:19:28.800
Or what if there's suddenly someone that's not exactly this way, but like a Christine
00:19:33.680
Blasey Ford who suddenly comes out to die by with a hideous allegation against Judge
00:19:39.360
Barrett?
00:19:39.620
Well, I think I think they will try that if they can find anything.
00:19:44.340
So I sat down with with Judge Barrett this week and spent about 45 minutes with her in
00:19:50.820
the Capitol.
00:19:51.240
And I think she's she's very impressive.
00:19:53.680
Her credentials are very strong, but I was really impressed with her temperament.
00:19:57.340
I think her temperament is very calm.
00:19:59.400
It's it's scholarly.
00:20:01.300
It's a judicial temperament.
00:20:02.800
And and, you know, I told her, I said, listen, right now they're trying to find someone
00:20:07.860
who who went to third grade with you who hates your guts.
00:20:12.680
And and, you know, I don't know what's going to drop out of nowhere.
00:20:18.320
Look, I had in particular feel feel for her because she's got seven kids and we've seen
00:20:25.400
a couple of Democratic operatives begin by attacking the kids and attacking that the two
00:20:30.680
of the children were adopted from Haiti.
00:20:32.320
It's and I just think kids should be off limits.
00:20:34.960
I mean, I mean, it's I think that's despicable.
00:20:37.500
It's not only did we see Democratic operatives do it, but like there was one woman who worked
00:20:41.820
for both Democratic and congressional offices and campaigns.
00:20:44.820
She's tweeting about how she'd love to know which adoption agency Judge Barrett got her
00:20:48.880
children from and suggesting something untoward happened.
00:20:52.220
And then even Ibram X.
00:20:53.800
Kendi, the author of How to Be an Antiracist, Boston University professor, apropos of nothing.
00:20:59.960
Oh, it just had nothing to do with her, although it happened right after she was announced.
00:21:03.640
Tweets out some white colonizers adopted in quotes, black children.
00:21:08.540
They, quote, civilize these, quote, savage children in the, quote, superior ways of white
00:21:13.020
people while using them as props in their lifelong pictures of denial while cutting the biological
00:21:18.020
parents of these children out of the picture of humanity.
00:21:20.540
And whether this is Barrett or not is not the point.
00:21:24.920
It's a belief too many white people have.
00:21:26.680
If they have or adopt a child of color, then they can't be racist.
00:21:30.100
That didn't have anything to do with Barrett, even though she's mentioned nothing to do with
00:21:33.120
her.
00:21:34.540
I mean, it's I think it's twisted.
00:21:38.420
And and what I visited was like, how are the kids?
00:21:42.440
And and, you know, look, this is something I've I've seen firsthand having run for office.
00:21:48.660
As you know, our girls now, you've known them since they were little, but our girls now
00:21:51.980
are nine and 12.
00:21:54.140
I remember on the 2016 presidential campaign when when The Washington Post did an editorial
00:22:00.220
cartoon of Heidi's and my daughters where they drew them as dancing monkeys.
00:22:04.600
And the girls were, I think, five and seven at the time.
00:22:09.360
And Heidi and I had to sit down and tell them, OK, so there's this cartoon that was done of
00:22:15.020
you.
00:22:15.900
And it's I remember Catherine was just like, why?
00:22:18.100
Why would they draw me as a monkey?
00:22:19.800
And I was like, well, sometimes people are mean and they get angry, but it's OK.
00:22:24.960
And it was not.
00:22:26.120
And so I actually told told told Amy about that.
00:22:28.420
And I said, look, I've been in the position of trying to explain to young kids.
00:22:34.600
Why someone would draw them in into this kind of fight.
00:22:37.800
And so I do I hope that we don't see the hearings go that way.
00:22:41.860
I hope I hope that that that some some bit of decency holds the attack back.
00:22:47.480
But but who knows?
00:22:48.920
And we're already seeing it, you know, people attacking her Catholicism.
00:22:52.020
I mean, Bill Maher came out and called her an effing nutcase, talking about how how Catholic
00:22:57.320
she is.
00:22:57.960
And I know the Democrats are like, well, Nancy Pelosi is Catholic, too.
00:23:01.360
And sort of my or but they it is being made an issue of suggesting that The Handmaid's
00:23:06.840
Tale was written based on some sect that she's anyway, there's a lot already and it's going
00:23:10.960
to be ugly.
00:23:13.200
Question.
00:23:13.880
Some of the Democrats are saying she should recuse herself if we go through an election
00:23:19.220
nightmare and the case has to go up to the Supreme Court and she's on it, that she has
00:23:23.240
an obligation to recuse herself from deciding it.
00:23:25.540
Your thoughts on that?
00:23:26.320
So so I think that's an absurd claim.
00:23:29.380
I expect them actually to press it at the hearings.
00:23:31.380
And it was certainly it's certainly a talking point that you're seeing pushed.
00:23:35.880
One of the biggest reasons why it's important for us to confirm her to the court is that
00:23:42.960
this election in particular, I think there's a very significant likelihood that it's contested.
00:23:47.640
It's close.
00:23:48.280
I think either side that loses, there's a real chance they'll file litigation challenging
00:23:55.300
it.
00:23:55.680
As you know, I was part of the legal team in Bush versus Gore.
00:23:59.600
This is one of the things I talk about in my book, One Vote Away.
00:24:03.480
Each chapter in the book focuses on a different constitutional right.
00:24:06.700
And it talks about major landmark cases before the Supreme Court that I helped litigate.
00:24:12.360
And and Bush versus Gore, you know, I was a young lawyer in the George W. Bush campaign.
00:24:19.000
That's actually where where Heidi and I met.
00:24:20.700
We were in cubicles right down the hall from each other.
00:24:22.820
And in that election, as you remember, well, on election night, George W. Bush won and he
00:24:32.760
was declared the winner.
00:24:33.740
But then it became the margin was very close.
00:24:36.780
And so Al Gore challenged it, brought in lawyers and filed lawsuits to challenge it.
00:24:42.220
And and I was in Tallahassee, was in Florida for that entire time.
00:24:45.720
And it was it was complete chaos.
00:24:48.460
You know, I write in the book about how, like, we had a war room with a whiteboard on the
00:24:53.200
wall and and there were seven different lawsuits that were pending simultaneously, any one of
00:24:59.580
which could could cost the presidency of the United States and stakes that and twice that
00:25:07.220
case went to the U.S. Supreme Court.
00:25:09.140
The first time we won unanimously nine to nothing, where the Supreme Court said the Florida Supreme
00:25:14.620
Court, which was a partisan Democratic court, had gotten it wrong.
00:25:18.460
Um, the second time it went to the Supreme Court on the question of remedy, the court
00:25:24.680
divided five, four and and and the court held that the ballots had been counted four times.
00:25:32.440
Bush had won all four and that enough was enough, that that that they couldn't keep challenging
00:25:37.400
it over and over and over again and ended it.
00:25:39.900
It was 36 days of complete chaos where the country and the world didn't know who the next president
00:25:46.020
was going to be.
00:25:46.740
And it's going to be I think this year justices.
00:25:50.760
And if they're eight, if the court is divided four, four, they don't have the authority to
00:25:56.160
decide anything.
00:25:58.360
And and what could make it even.
00:26:01.140
So what makes it really crazy is is in Florida, you just had one jurisdiction where it was being
00:26:07.240
challenged.
00:26:07.820
I think there's a real possibility.
00:26:09.280
Let's say Biden, if he were to lose, I think Biden could file lawsuits in three or four or
00:26:14.500
five states.
00:26:15.240
And so you could have, say, the Ninth Circuit deciding a case out of Arizona and the 11th
00:26:22.040
Circuit deciding a case out of Florida.
00:26:23.720
Now, normally, if federal courts of appeals conflict, you go to the Supreme Court to resolve it.
00:26:29.820
If the Supreme Court were divided four, four, nobody knows what would happen.
00:26:33.820
You just have conflicting decisions and a constitutional crisis.
00:26:37.760
And Joe Biden would start appointing three extra judges from from his home in Delaware.
00:26:42.700
It's gotten so crazy, Senator, with with the the it's going to be nuts either way.
00:26:48.200
If Trump challenges to if he loses either way, we're headed for a massive, massive legal
00:26:53.300
battle.
00:26:54.660
And the and an important point, Megan, on the recusal.
00:26:57.920
So so I had a number of reporters asked me on the recusal and I asked them, I said, well,
00:27:02.680
do you think that that Elena Kagan and Sonia Sotomayor should recuse themselves because they
00:27:09.100
were appointed in the Obama Biden administration?
00:27:11.060
And the answer, by the way, is, of course not, that that every justice was appointed by a
00:27:14.960
president and confirmed by a Senate.
00:27:16.820
And justices routinely have to rule on cases that involve the president administration that
00:27:22.300
appointed them.
00:27:22.900
That that's that's part of the job.
00:27:24.980
And and it is important to underscore, look, I don't want to see any justice confirmed because
00:27:31.340
that justice would rule for whatever candidate I happen to support.
00:27:35.900
That's not a Supreme Court justice's job.
00:27:37.760
What I want to see is a justice that will ensure that the law is followed, that if there's
00:27:41.740
litigation and uncertainty, we should follow federal law and follow the Constitution.
00:27:46.260
And that means whoever actually won the election should should be the winner.
00:27:52.680
And we should have a functioning Supreme Court that can ensure we're following the law and
00:27:58.000
and have have a clear, clear forum to resolve those disputes.
00:28:04.540
So not long ago, my husband, Doug, and I were visiting his mom and she had boxes and boxes of
00:28:10.740
slides of their family vacations when they were growing up.
00:28:14.420
His dad died a couple of years ago.
00:28:16.300
So we really wanted to see some of these things and just I would like to see Doug when he was
00:28:20.600
young and his family and so on.
00:28:22.600
But they're in slides and we don't have a slide projector because we are modern day Americans.
00:28:29.200
And so as it turns out, there is a solution to that problem and it works great.
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It's called Legacy Box.
00:28:36.120
This thing is an ingenious mail in service that has all those moments, those special moments
00:28:40.640
that are trapped on videotapes, camcorders, film reels, and, you know, old pictures,
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handheld, converted to DVD or to digital.
00:28:51.120
The home movies, you know, like the slides, they transport you back to these unforgettable
00:28:56.100
times.
00:28:56.600
Like when was the last time that you actually watched yours, though?
00:28:59.620
Even like our wedding video, that's even that's outdated video, wedding video, right?
00:29:06.280
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00:29:14.480
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00:29:17.180
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00:29:22.240
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00:29:24.620
I mean, that that needs to be preserved just for mockability from my children to me.
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00:31:06.980
Do you think that the threat that Joe Biden would not answer, whether he's prepared to
00:31:12.800
pack the court with additional justices, which, you know, they think would be more even if he wins,
00:31:19.320
if there is a Justice Coney Barrett sitting there, do you think they mean it?
00:31:23.260
I mean, doing it would be, it would devastate the court.
00:31:25.600
I think it ruins the Supreme Court.
00:31:26.900
There's no more Supreme Court, effectively.
00:31:28.560
So I feel like it's an empty threat.
00:31:33.360
So I don't.
00:31:35.340
I think they are deadly serious about it.
00:31:37.860
I think the anger on the far left is, it's not good for the country.
00:31:47.100
The rage and division we see, I worry about the country for it.
00:31:51.600
But I think if Biden wins and the Democrats take the Senate, I think within the first couple
00:31:58.080
of weeks, Schumer will end the filibuster.
00:32:00.440
And I think they have the votes for it.
00:32:02.160
I think every Democrat votes for it.
00:32:04.060
What that means, if you end the filibuster, it means that the minority in the Senate can
00:32:09.480
no longer stop whatever agenda they try to force through.
00:32:13.440
I think one of the first things they would do after ending the filibuster is add two new
00:32:20.420
states to the United States, add the District of Columbia and add Puerto Rico.
00:32:24.860
And the reason, and they've been very open about this, the reason is crassly political,
00:32:29.840
which is that they believe those, those jurisdictions would elect four new Democratic senators.
00:32:36.380
So if we started January with 50 Democratic senators, we could end the year with 54.
00:32:43.460
And, and then I believe that they would move to pack the court.
00:32:47.660
And I think they would probably have the votes.
00:32:49.840
It depends how big their margin is.
00:32:51.880
This week, Joe Manchin said he wouldn't, wouldn't do it.
00:32:55.380
And Dianne Feinstein has suggested she might not, although frankly, I'm skeptical if they
00:33:01.820
have the majority and push came to shove, I'm skeptical that any of the Democrats would,
00:33:06.560
would buck their leadership.
00:33:07.760
They are, they're much better at party discipline, frankly, than Republicans are.
00:33:13.760
And I think the threat to pack the court is very real.
00:33:17.680
And, and I agree with you that it would deeply politicize the court and it would set the stage
00:33:24.800
for the next Republican majority.
00:33:26.640
If they increase it to 11, we'd probably increase it to 13.
00:33:30.460
I mean, it turns the court, it really undermines the independence of the judiciary.
00:33:36.880
I think it'd be a terrible thing for the court.
00:33:38.460
That's something Ruth Bader Ginsburg herself said we should not do, that that is not the
00:33:42.920
solution as much, as many games as both sides have played when it comes to nominating lower
00:33:50.320
court judges and Supreme court justices.
00:33:52.720
I know you have a whole explanation as to why you don't think it's hypocritical for the
00:33:55.940
Republicans to push her through.
00:33:58.860
I do disagree with you.
00:34:00.380
I do think the Republicans have reversed themselves from four years ago, but putting that to the
00:34:04.940
side, it's going to happen.
00:34:06.380
And the Democrats have played dirty too.
00:34:08.700
And so the real question is what next?
00:34:10.820
How bad does the fight get in, in your book, uh, one vote away, uh, you've got stories about
00:34:16.660
your time clerking as a Supreme court clerk for then chief justice Rehnquist, but I didn't
00:34:22.460
know that you, you could have been on the short list.
00:34:26.140
Something was leaked about this, but that you were essentially offered a position on the short
00:34:30.780
list in June of 2020 by Trump.
00:34:33.060
Is that true?
00:34:33.520
Uh, it is so, so each of the three vacancies that occurred, I had very serious conversations
00:34:42.560
with Trump, uh, about them.
00:34:45.200
Uh, and, and it's, it started in November, 2016, right, right after the, of the election,
00:34:50.560
uh, where I, I flew to New York and went to Trump tower and spent about four and a half
00:34:56.340
hours with him and his senior team.
00:34:57.860
Um, and, and this was the Scalia vacancy that, that ultimately Neil Gorsuch, uh, filled and
00:35:04.200
Trump at the time, he leaned in pretty hard and, and talked, talked to me quite seriously
00:35:10.820
about that position.
00:35:12.720
Uh, and I told him then I, I said, I didn't want it, that I don't want to be a judge and
00:35:17.280
I don't want to go to the court.
00:35:18.320
Um, and, and the reason that surprises a lot of people, a lot of people find that a, a
00:35:24.380
strange thing for me to say.
00:35:26.360
Especially just given your background and, you know, the amount of arguments you've had
00:35:30.120
before the Supreme court, your time as a solicitor general of the state of Texas, U S
00:35:34.380
Senate, all of that.
00:35:35.180
I mean, yeah, you would think you'd, you'd want it cause it's, it's so prestigious.
00:35:39.580
Well, and I revere the court, but a, a principal judge stays out of political and policy fights.
00:35:46.980
And if I ever were a judge, I'd do that.
00:35:49.320
I don't want to stay out of the fights.
00:35:50.780
I want to be right in the middle of them.
00:35:52.320
And I, and I think the right place to do that is the political world.
00:35:55.860
The Senate is the battlefield.
00:35:57.280
And, and so, but I also write in the book that, that after that conversation with Trump,
00:36:02.220
I went back home and, and the decision really weighed on me.
00:36:06.400
I mean, it, it's justice Scalia is, is one of my all time heroes.
00:36:10.520
I knew the justice personally and, and, and he's, he was giant, uh, on the court and to
00:36:16.680
be seriously in contention to replace him.
00:36:20.240
I mean, it took your breath away.
00:36:21.580
And, and a lot of my close friends thought I was crazy because as I was wrestling with
00:36:28.100
this before Trump had made the decision, it was, I don't want to overstate it.
00:36:31.920
Trump didn't offer me the position, but it was clearly a, a real and live possibility.
00:36:37.320
And, and, and I thought about it.
00:36:39.860
I prayed about it.
00:36:40.700
I actually had this story I told the book.
00:36:42.460
I had my, my pastor came over one Sunday afternoon and, and we spent the afternoon talking
00:36:48.180
about it and praying about it.
00:36:49.100
And he had an interesting analogy that he drew.
00:36:52.820
He said he understood why I, I didn't want to do it.
00:36:56.060
And he said for him, he thought about it.
00:36:58.240
If someone offered him to be the leading theologian in the world and to be this, you know, deeply
00:37:05.020
respected academic theologian where he could have an impact on, on millions, but he'd have
00:37:10.100
to give up being a pastor.
00:37:11.320
He'd have to give up working with the members of the church and counseling them and being
00:37:14.580
a pastor.
00:37:15.300
He said, you know what?
00:37:16.180
I, I wouldn't do that even though it would be very impactful.
00:37:19.140
That's not my calling.
00:37:20.280
It's not, it's not how I want to spend my life.
00:37:24.660
And that, well, I had a real peace about it.
00:37:28.280
It could be that, you know, someday we could wind up with a president Cruz, which would,
00:37:32.520
which would be, you know, arguably more powerful.
00:37:36.680
I'll tell you one thing, just as an aside, I too loved Justice Scalia.
00:37:40.400
My, my judicial outlook is definitely more along the Scalia originalist line.
00:37:47.240
But I love and respect, respected Ruth Bader Ginsburg too.
00:37:50.600
I really, I didn't have the same philosophy as she did, but I just thought she was a great
00:37:53.940
woman and she was so strong.
00:37:55.500
And he's going to Harvard as one of only nine women and all the shit she took.
00:37:59.740
I just, I really respected her.
00:38:01.800
By the way, I love that she fell asleep on you.
00:38:03.620
She was a legendarian.
00:38:04.260
I love that she fell asleep on you during one of your Supreme Court arguments.
00:38:07.760
It was, so that was actually the Texas redistricting argument.
00:38:12.220
I tell the story.
00:38:13.080
I was there.
00:38:13.460
I watched this as a reporter and as a very young reporter for Fox.
00:38:17.160
It was, so it was an afternoon argument, which is unusual.
00:38:22.120
So it was at one o'clock instead of in the morning when they usually are.
00:38:25.440
And it was a two hour argument instead of a one hour argument.
00:38:28.580
And, and I think it's 2005, if I remember right.
00:38:32.820
And she put her head down on the bench and, and fell asleep for about 20 minutes.
00:38:38.820
And, and, and she had been, I think she had been under the weather and, and, and so it
00:38:44.120
made, you know, lots of new stories.
00:38:44.960
Well, also you might've been a little boring that day.
00:38:46.520
You might, it's possible that redistricting is not the sexiest subject.
00:38:50.160
I saw her do it many times and, and I'll never forget.
00:38:52.260
She was sitting next to Alito and, uh, he had just made it onto the bench and she fell
00:38:56.520
asleep and Alito was up there looking around, like, what's the protocol for this?
00:39:02.660
Like, do I, I'm new, do I, do I elbow her?
00:39:05.460
You know, do I gently, what do I do?
00:39:08.500
And in the end, he ignored it.
00:39:09.880
So I love Scalia.
00:39:10.580
And I went to Rehnquist's funeral just to cover it as a reporter.
00:39:14.160
And of course all the justices were there.
00:39:16.140
And I, I saw Scalia on the steps of the church afterward.
00:39:19.820
And he came right over to me and I'd been at Fox for a few years and I'd been covering
00:39:23.560
the Supreme court and, uh, he, he beelined over to me and I was like, oh my God, this
00:39:28.440
is it.
00:39:28.780
He's going to say he, he respects me and I'm a fair and balanced reporter and he appreciates
00:39:33.780
all my good work.
00:39:34.780
And sure enough, he walks up to me and he says, miss, would you mind taking a picture
00:39:39.500
of me and this gentleman right?
00:39:42.440
All right.
00:39:44.980
That's awesome.
00:39:45.620
He was, uh, Scalia was just a spectacular intellect and, and, and, and Rehnquist, I mean, you know,
00:39:58.420
he was my boss and he was utterly brilliant, totally different temperament than Scalia.
00:40:05.580
I mean, Scalia, as you know, was this loud, voluble, brilliant Italian.
00:40:11.300
I mean, he was, uh, um, I remember one time up at, at, at Harvard, he was talking at the
00:40:17.100
law school and a couple hundred people there and one of several of the students were raising
00:40:21.860
their hands for a question and, and he points at them and they're like, me, me, me.
00:40:25.280
And he's like, oh, it doesn't matter.
00:40:26.320
You're all bound to be hostile anyway.
00:40:27.720
Pick it.
00:40:28.560
And it was just, that's perfect.
00:40:31.580
I know he was so colorful, but I appreciate your stories about Rehnquist in the book too,
00:40:35.520
because first of all, I never knew that chief justice Rehnquist and Sandra Day O'Connor
00:40:39.740
dated or that you watched porn with them.
00:40:44.940
Can, can we just, can we address that?
00:40:46.880
Can we address the, how you watch pornography with the two Supreme court justices?
00:40:52.220
So this would have been 1996.
00:40:55.620
Um, and, and it was the first of the internet porn cases to make it to the Supreme court.
00:41:01.960
Um, and the justices, so I was a law clerk for Rehnquist and, and, you know, the justices
00:41:08.740
at the time didn't really know what the internet was.
00:41:11.040
I mean, this was right at the dawn of the internet.
00:41:13.460
And so the court librarians decided to, to do basically a training session for the justices
00:41:19.720
so they could see how the internet worked.
00:41:22.500
And so, and they ended up pairing the justices together, doing two chambers at a time.
00:41:26.880
So we were in this little room and, and they, they paired, this was just coincidence, but
00:41:33.100
they paired Rehnquist and O'Connor together.
00:41:34.980
So it was Rehnquist and O'Connor, uh, the chief had three clerks, O'Connor had four clerks.
00:41:40.140
So it was the seven clerks and the two justices in this little darkened room with the librarian
00:41:46.040
at the computer.
00:41:46.740
And I still remember she typed in cantaloupe misspelled with the search filter off.
00:41:53.860
And, and at the time, if you did that, you came back up with graphic hardcore porn.
00:41:59.880
Oh God.
00:42:00.720
And, and I, I still remember, I mean, look, it's awkward to be in a room with Sandra Day
00:42:06.580
O'Connor with like porn on the screen.
00:42:09.120
And I still remember what, what O'Connor said.
00:42:11.940
And she just kind of under her breath, she went, oh my, and it was, and I'm just like
00:42:19.880
not reacting at all.
00:42:21.780
And, and one of the, as awkward as it was for all of the law clerks, it must have been
00:42:28.740
awkward for Rehnquist and O'Connor because it, as you just mentioned, they were classmates
00:42:32.800
in law school at Stanford, uh, and they dated and, and actually he, he, uh, asked her hand
00:42:38.920
in marriage and she turned him down.
00:42:40.800
Wow.
00:42:41.540
Uh, well, it would have been really awkward if he had said, could you just, just see it
00:42:45.000
to the end?
00:42:45.320
The end part's great.
00:42:45.960
I've seen this.
00:42:48.740
Well, it, it, it was, uh, well, and they used to have, that actually used to be a routine
00:42:54.280
part of the Supreme court.
00:42:55.820
So in the seventies and eighties, the test for obscenity, the court would regularly adjudicate
00:43:03.640
whether a movie was obscene.
00:43:05.920
And so they would have, uh, viewings in the basement of the court where they'd play, you
00:43:11.440
know, I don't know if they played deep throat or, but you know, they'd have whatever the
00:43:15.000
case, the movie was that, that they were adjudicating and, and Potter Stewart, a former
00:43:20.120
justice had a, a famous test for obscenity, which is, um, I know, I know it when I see it.
00:43:26.860
I see a hundred percent a man came up with this.
00:43:28.740
There's zero chance a female judge said, what we're going to do is watch the, the movie
00:43:33.520
and then there's just no way a woman settled on that.
00:43:38.180
And I'm glad the court is out of that business now, but, but I, I think it's Woodward in,
00:43:42.940
in the brethren tell stories of, um, I think it was Thurgood Marshall clerks down watching
00:43:49.140
the movie who would, who would kind of heckle and be like, I know it.
00:43:53.180
I see it.
00:43:53.940
That's it.
00:43:54.660
Oh yeah.
00:43:55.080
I see it.
00:43:55.900
And, and I'm very glad the court is no longer, I just need to watch it for another, another
00:44:00.180
five or 10 minutes or 40.
00:44:02.640
So now they don't do that anymore, which is a good thing.
00:44:05.680
You, uh, you know, obviously had a lot of success in the judicial world, in the legal
00:44:10.740
world.
00:44:11.580
You, um, go on to run for Senator and win and become one of the most prominent senators
00:44:18.360
in the United States.
00:44:19.120
And then you decide to throw your hat in, uh, in the presidential race and did really well
00:44:23.820
last time around.
00:44:24.940
I mean, it was just down to you and Trump and it, uh, I followed you a lot on the campaign
00:44:30.440
trail.
00:44:30.740
I was at a lot of your rallies and there was tremendous love for you amongst the voters.
00:44:36.760
Uh, you just happened to be going up against a very unusual, extremely dynamic, unlike anything
00:44:42.020
we've ever seen before candidate on the other side.
00:44:44.300
But I, I wonder as a man, how hard it was when you finally had to admit that it was over.
00:44:54.460
So it was very hard.
00:44:56.060
Um, it was one of the hardest times in my life.
00:44:59.520
Now I look, I loved every second of the campaign trail.
00:45:03.260
I mean, I had, it's the most fun I've ever had.
00:45:05.740
Um, and, and we came very, very close.
00:45:10.300
We ended up winning 12 states at the end of the day, had, had about 8 million votes cast
00:45:14.920
for us.
00:45:16.220
Um, we had 326,000 volunteers.
00:45:21.660
Um, we had, we raised $92 million, which is the most money any Republican has ever raised.
00:45:28.700
Uh, in the history of primaries, we raised more than George W. Bush or John McCain or Mitt
00:45:32.880
Romney, uh, it was 1.8 million contributions that, that, that, and it was really, it was
00:45:38.160
an amazing grassroots movement.
00:45:40.720
And, and at the end of the day, Trump, Trump won and, and he is a, uh, a phenom.
00:45:46.920
Um, and, and in particular, he, he ended up receiving over $3 billion of, of, of free media
00:45:55.380
and that became too much to overcome.
00:45:56.880
Uh, and so, you know, one story I, I tell in the book is, is on the night that, that,
00:46:05.100
that we suspended the campaign, it was after the Indiana primary where the numbers were
00:46:09.080
clear that we did not have a path to victory.
00:46:12.120
And, uh, and so I, I went out that night and gave a speech and announced that, that we
00:46:19.300
were suspending the campaign.
00:46:20.520
And, and, and I still remember there was a woman in, in, in the crowd who, who, who let
00:46:26.320
out just, uh, uh, a shriek.
00:46:29.420
I mean, I mean, she just, she, and it, it pierced me and, and I barely could make it through
00:46:36.800
the rest of the speech.
00:46:37.820
And, and there were several hundred people there who were volunteers, who many of them
00:46:42.360
had traveled to Iowa, traveled to South Carolina.
00:46:46.640
And, uh, we set up, we had dorm rooms where people would come and camp and they'd go knock
00:46:50.360
on doors.
00:46:52.400
And I wanted to, to stay and personally thank every one of them and hug them.
00:46:57.700
And, and I just lacked the strength.
00:47:01.040
I, I, I, and so I, I went backstage because I, tears were running down my face and, and
00:47:06.160
there were a gazillion TV cameras there.
00:47:08.880
And, and as I write in the book, I said, look, I I'll be damned if I was gonna on the way out
00:47:14.580
of the race, let the press turn lion Ted into crying Ted.
00:47:18.300
I just was not going to cry in front of the TV camera.
00:47:20.620
So I needed to go backstage.
00:47:23.000
Um, good for you, but Heidi, it's not a good group of people.
00:47:27.880
Uh, it, uh, it, it, it was not going to be an image that I was going to give them, but
00:47:33.640
Heidi stayed out with, with everyone there for, I think over an hour.
00:47:38.340
Just, she had the strength to thank everyone just to, to hug them.
00:47:44.320
And, and, and I was grateful she was there.
00:47:46.680
I wished I could, I still feel guilty that I didn't stay out with them.
00:47:51.740
And it's good to hear that you have the same reaction most humans have, which is you can
00:47:56.380
hold it together.
00:47:57.160
But then as soon as you see somebody else is either feeling sorry for you or upset about
00:48:03.060
bad news you've just gotten, that's what pushes you over the edge.
00:48:06.560
Like you can hold it together until you see the sympathy or pain in someone else's eyes.
00:48:11.200
And then you gotta go knowing Heidi, by the way, I'm not surprised by the way, Heidi
00:48:15.600
Cruz is a powerhouse in her own right.
00:48:18.100
She, she's, I think it's fair to say she's the breadwinner in the family.
00:48:21.200
She's got a very powerful job in finance and, um, and was a lawyer and the whole bit.
00:48:26.020
And yet still is soft when the moment calls for it, which by the way is very possible.
00:48:31.340
Um, I want to ask you, and she's still my best friend.
00:48:34.720
I mean, I mean, it's a, it is a neat, we're coming up, uh, may will be our 20th anniversary
00:48:39.920
and, and it's, you know, we've, in fact, you know, we talk with our girls about, you know,
00:48:45.600
in marriage, my, my advice to our daughters is marry your best friend.
00:48:48.840
Like, like, like that, everything else is transient, you know, life, there are high points
00:48:54.040
and low points.
00:48:54.800
And, and if you're on a journey with someone who, who you are partners, that that's, that's
00:49:00.700
an incredible thing.
00:49:01.420
And I'm, I'm incredibly blessed in that regard.
00:49:05.440
My advice to my children is good little boys and girls never leave their mommy.
00:49:10.020
Never, never, ever.
00:49:13.940
Oh, and it gets terrifying.
00:49:15.780
Caroline is 12 right now.
00:49:17.080
And it's, it's, uh, I'm quite frightened for the teenage years.
00:49:21.020
You're, you're on the edge, man.
00:49:22.380
You are, you think running for president was hard.
00:49:24.540
You know, walking around New York city these days, it doesn't feel that safe.
00:49:30.620
Uh, a lot has happened here, especially where I am on the upper West side.
00:49:33.880
That makes you worried.
00:49:34.800
You know, I, I would not let my kids walk the dog by themselves at seven 30 in the evening.
00:49:40.620
Like I would have six months ago.
00:49:42.840
The character of the neighborhood is changing and the threat level is very clearly increasing.
00:49:48.160
And there have been shooting deaths in New York city.
00:49:50.580
Like we haven't seen in a long time.
00:49:52.080
So it's just, it's getting a little scarier.
00:49:53.700
And I know New York is not the only place where that's true.
00:49:57.540
Now, some people are here in New York.
00:49:59.320
You can't have concealed carry.
00:50:00.780
Uh, so if you want to carry a gun, forget about it, but they do allow pepper spray in
00:50:05.580
most places.
00:50:06.200
And there is a company called Palm industries that is making sort of the next gen of pepper
00:50:11.840
spray.
00:50:12.180
It's like good looking to hold the container and it works well.
00:50:16.620
So it's, it's kind of like the apple I'd say of Palm of, of, uh, pepper sprays.
00:50:21.480
It's got this intuitive, easy to use discreet look to it.
00:50:26.420
It's attractive, but it works.
00:50:28.640
They've leveraged decades worth of experience producing these aerosol products.
00:50:31.940
So they know how to create the most up-to-date, simple, safe, powerful self-defense products.
00:50:38.320
And, you know, they've made it.
00:50:39.820
So it's not overwhelming for you.
00:50:41.160
You don't, when you need your pepper spray, you need it right away.
00:50:43.680
You don't want to have to spend 40 minutes figuring it out.
00:50:46.380
Um, apparently all these elite trainers around the company love it.
00:50:49.240
They, they, they call it the go-to non-lethal sense, a self-defense product.
00:50:53.680
And, uh, they use the strongest and safest formulation legal to carry in all 50 States.
00:50:59.260
So if you're going to go the pepper spray route, you can't do better than this, no harmful
00:51:03.780
side effects.
00:51:04.620
It's got fast acting, powerful bursts of spray.
00:51:08.320
Uh, it goes a maximum distance of up to 12 feet and 12 seconds of continuous spray.
00:51:13.300
Good Lord.
00:51:14.080
Can you imagine?
00:51:14.900
That's good.
00:51:15.460
12 seconds.
00:51:16.060
That gives you enough time to start running.
00:51:17.780
Um, it's got a practical carry size, most compact half an ounce personal carrying unit
00:51:22.140
available, and you can get it in three different forms.
00:51:24.400
You can get it like a clip.
00:51:25.220
Usually the guys like that, cause you can clip it in your pockets of your pants.
00:51:29.540
You can get it in a key, which is like a key ring.
00:51:31.640
So ladies, you know how it is always scary when you're coming home to your house by yourself,
00:51:35.180
just you and your key ring.
00:51:36.360
So you could pop it right on there.
00:51:37.600
And then there's a snap, which you can sort of attach to a ring or a lanyard, which is
00:51:42.140
really sending a message.
00:51:43.060
Like, don't, don't even think about messing with me.
00:51:45.500
You know what this is around my neck.
00:51:47.700
Um, so deterrence is always good.
00:51:49.660
Anyway, it comes in 30 different design color combinations and you can get it again.
00:51:53.980
It's called Palm Pepper Spray at palmpepperspray.com.
00:51:57.640
That's P-O-M, pepperspray.com at Amazon.
00:52:00.960
Uh, and it's selected gun shops or pharmacies or retail stores throughout the country.
00:52:07.180
So we're starting a new feature for you today on the Megyn Kelly show called Sound Up.
00:52:12.380
It's where we take a sound bite, making the rounds in the news and weigh in with our thoughts.
00:52:18.060
Steve Krakauer, my executive producer, who also writes and produces Fourth Watch, which
00:52:23.120
is an awesome newsletter, which you guys should check out.
00:52:25.200
It's totally fair and balanced and I'm entertained by it all the time.
00:52:29.000
Uh, he's here with me.
00:52:29.840
So what's our first sound bite, Steve?
00:52:31.260
Thanks, Megan.
00:52:31.780
Yeah, we've got actually, yeah, two sound bites that are very related.
00:52:34.620
They're both about our good friend, Governor Andrew Cuomo from New York.
00:52:37.440
So the first one, he will just play it first and let you react.
00:52:41.140
I put my head on the pillow at night saying I saved lives.
00:52:46.580
That's how I sleep at night.
00:52:48.500
OMG.
00:52:51.060
Honestly, like if this guy, I've never seen such a juxtaposition between one's public image
00:52:58.240
and the facts.
00:52:59.900
I too was swept up by the Cuomo smoothness at the beginning of the coronavirus quarantine.
00:53:06.560
You know, I felt like the guy was giving it to me straight.
00:53:08.360
He had these press conferences.
00:53:09.740
He would tell you the good.
00:53:10.520
He would tell you the bad.
00:53:11.360
I'm like, OK, I get it.
00:53:12.480
I see what he's doing.
00:53:14.260
Boy, oh boy, did that change once the true data started coming in on the deaths in New
00:53:19.800
York state.
00:53:20.260
And the thing that he has not taken responsibility for is the thing my pal Janice Dean has been
00:53:28.780
jumping up and down trying to call attention to, which is the deaths in the New York nursing
00:53:34.140
homes.
00:53:34.700
Thanks to his order, his order, six thousand, six thousand plus of covid positive patients
00:53:43.380
were sent to nursing homes.
00:53:45.140
All right.
00:53:45.580
Since his order in that was in place for forty six days and people died.
00:53:52.360
We lost thousands of people.
00:53:53.980
We lost more than we lost on 9-11.
00:53:55.860
And the guy refuses to take responsibility.
00:53:59.080
He's blamed the nursing homes.
00:54:01.420
He blamed God.
00:54:03.320
He blamed.
00:54:04.460
I mean, like I could go down the list, but for him to then try to turn it into I, I put
00:54:09.640
my head on the pillow at night knowing I saved lives.
00:54:12.860
You know, tell it to the families of the people who died unnecessarily in the New York state
00:54:17.760
nursing homes.
00:54:18.480
I just I'll wait.
00:54:20.580
I'll wait.
00:54:21.380
Yeah, that was from a radio interview yesterday.
00:54:23.940
So still not taking any responsibility.
00:54:25.680
OK, staying with the Cuomo family.
00:54:27.080
Here's our second and final sound up clip.
00:54:30.360
You let in tens of thousands of people.
00:54:31.900
They went to the hubs.
00:54:33.520
That's why we got so sick.
00:54:34.740
Does it trouble you at all that New York and New Jersey had the highest death rates in the
00:54:36.980
country?
00:54:37.120
Of course.
00:54:37.620
Does that make you pause and say, gosh.
00:54:38.900
It all troubles me, Ted.
00:54:39.920
And to watch guys like you stand by and stroke your beard like a wise man instead of telling the
00:54:45.020
president to get on it when you have power is a problem.
00:54:47.080
How about tell your brother to get on it?
00:54:49.180
My brother will stand for his own record.
00:54:50.940
How about thinking about the public policy?
00:54:51.380
Why don't you talk to the president the way you talk to my brother, Ted?
00:54:54.340
You afraid of him?
00:54:55.300
You think he'll smack you down at home?
00:54:57.180
Oh, yeah.
00:54:57.520
Is that what it is?
00:54:57.980
Like he shut you up in the primary?
00:54:59.100
I'm terrified of the Cuomos.
00:54:59.560
You guys are really tough.
00:55:00.620
I'm not the Cuomos.
00:55:00.900
I'm talking about the president.
00:55:02.400
My brother's not the president.
00:55:03.920
I'm talking about the president.
00:55:05.020
The one who called you a liar.
00:55:06.880
The one who said your wife was ugly.
00:55:08.360
That guy.
00:55:08.900
You know, the guy now who you won't say anything about.
00:55:11.080
I recognize that you like it.
00:55:13.300
You actually wonder why you don't have a lot of Republicans that want to come on your
00:55:16.380
show.
00:55:16.660
I have more than any other show.
00:55:18.140
You yell at me and insult me.
00:55:19.900
I'm not yelling at you.
00:55:22.000
And by more than any other show on CNN, Chris Cuomo means I've just had this one.
00:55:27.440
I have this one who appeared on my show tonight.
00:55:30.740
Well, that's a timely one.
00:55:32.460
And we got to take it up with Ted Cruz.
00:55:34.200
Speaking of children, I saw parts of your interview last night with Chris Cuomo.
00:55:46.080
I don't know why you went on that show.
00:55:48.600
I know you're you're selling a book, but still, I don't know who in his audience is going to
00:55:54.480
buy Ted Cruz's book.
00:55:55.880
And he was just as disrespectful to you as I'm sure your team predicted.
00:56:00.520
And to me, it was infuriating.
00:56:02.500
It was infuriating.
00:56:03.480
He was he was like he was worse than Trump was at the at the debate with interruptions
00:56:09.120
and putting you down and picking a fight and then claiming the moral high ground.
00:56:13.980
And you two really got into it over COVID.
00:56:17.320
I mean, the whole interview with with Cuomo was I mean, it was a mud fest and he was attacking
00:56:21.540
and screaming and yelling.
00:56:22.560
And actually, I mentioned during the interview, he was behaving like the debaters in Tuesday's
00:56:27.640
debate and and and and not wanting to have a an actual conversation and a civil conversation.
00:56:35.060
And I think it's somewhat indicative of the sort of angry, screaming time we find ourselves in.
00:56:40.700
What are you doing?
00:56:41.660
You know, one on that show.
00:56:44.900
Because I want to reach a broader audience.
00:56:48.240
The the book One Vote Away, I think addresses a lot of important issues.
00:56:54.360
And, you know, I made the case on that show also that, listen, I recognize that that a lot
00:57:00.000
of your viewers may come from a different spot politically than I am.
00:57:03.540
But if you want to understand why so many millions of people are deeply concerned about the Supreme
00:57:09.640
Court or deeply concerned and want to protect free speech and religious liberty in the Second
00:57:13.660
Amendment, I encourage you to read the book because it gives you the inside story of what's
00:57:18.280
going on and it may help you get a perspective on on a very large chunk of of the country.
00:57:27.220
And I don't know if that message resonated with anyone or not, but I went on there and look,
00:57:31.580
I anticipated that he would come at me.
00:57:33.640
I didn't think he would be as personal and nasty as he was.
00:57:39.620
But but I was perfectly fine.
00:57:41.520
You know, I mean, I've done done lots of shows.
00:57:43.940
I've done, you know, done Chris Matthews.
00:57:46.700
I've done Chris Hayes.
00:57:47.800
You know, I mean, I I will will do, you know, I did Jake Tapper just recently to Chuck Todd
00:57:52.520
all the time.
00:57:53.080
And I'm used to having more respectful.
00:57:54.960
Jake Tapper would never ask a question like that.
00:57:56.960
Never.
00:57:57.680
I mean, he would not.
00:57:58.860
And and I've known Jake since he was a young reporter at Slate covering the George W.
00:58:05.500
Bush 2000 campaign.
00:58:07.280
And and he, you know, Cuomo behaved.
00:58:12.780
I thought it was over the top.
00:58:14.300
Um, you know, there is an interesting reaction.
00:58:18.880
So lefties, they're they're standard.
00:58:21.100
And this is true on Twitter.
00:58:22.100
You know, I mean, I read a lot of the terrible things people say on Twitter, but the first
00:58:26.280
place lefties go is Trump insulted your wife and your dad.
00:58:30.940
Trump insulted like it's the number one attack.
00:58:32.780
And and they, you know, look, Cuomo was reveling and repeating it over and over again and kind
00:58:37.760
of it's sort of an excuse to stick the knife in.
00:58:40.560
And listen, 2016 was bare knuckled.
00:58:45.740
Trump said things I didn't like and I and I popped back hard and we had a hell of a fight.
00:58:51.880
And and then it's over.
00:58:53.200
We put it beyond us.
00:58:54.320
And by the way, Heidi and my dad have put it beyond them, too.
00:58:57.320
They both care about the country.
00:58:58.680
And and, you know, the the view of some on the left is given that fight that I don't
00:59:04.440
know, I guess I should have, what, taken my marbles and gone home and said, I'm not going
00:59:08.020
to work with the president and I'm not going to fight for good Supreme Court justices and
00:59:11.920
I'm not going to fight for tax cuts or jobs that that that to me doesn't make any sense.
00:59:17.340
I've got a job to do, so I'm going to work with a man.
00:59:19.720
Well, I mean, they were quick to overlook it when Kamala Harris became the vice presidential
00:59:23.880
nominee of a man she said was a racist and may have committed a sexual assault.
00:59:28.820
I mean, politics is ugly and it's true on both sides that mean things get said during
00:59:34.220
the primary.
00:59:35.100
And there are many reasons why you might be willing to overlook it when time goes on.
00:59:39.780
All right.
00:59:40.080
I got to let you go.
00:59:41.020
But I have to ask you what you think is going to happen on November 3rd.
00:59:47.320
So I genuinely don't know.
00:59:48.920
I think it is it is volatile.
00:59:51.220
I don't recall ever seeing an election that is this volatile.
00:59:55.380
I think it depends what happens over the next month.
00:59:57.640
I think the biggest thing it depends on is is if people are going back to work, if people
01:00:04.140
are feeling optimistic about the future, if if people are hopeful, I think it could be
01:00:10.000
a very good election.
01:00:10.860
I think Trump could get reelected.
01:00:12.240
I think we could grow our majority in the Senate.
01:00:14.720
I think Republicans could even take the House back.
01:00:16.540
On the flip side, if we have more shutdowns, if more people are out of work, if people are
01:00:22.840
home and broke and unemployed and pissed off, I think it could be a devastating election where
01:00:30.120
Democrats could win across the board.
01:00:31.780
And and I I think a Biden Pelosi Schumer federal government would do more damage than Obama did
01:00:41.540
in eight years.
01:00:42.140
And and so I've I've never seen an election that has such wildly disparate outcomes that
01:00:49.200
I think are entirely possible.
01:00:52.140
It's one of the reasons I wrote this book, One Vote Away, why I wrote it this summer is
01:00:57.100
because in thinking about the stakes, I think preserving the Bill of Rights and our constitutional
01:01:04.080
liberties, preserving free speech, preserving religious liberty, preserving the Second Amendment
01:01:08.760
are is incredibly important.
01:01:10.960
I actually think it's the most important issue in the race.
01:01:12.960
And so I wrote the book to coincide with the election because I hope people read it.
01:01:17.880
That's why I went on CNN.
01:01:19.460
I hope someone reads it and says, you know what, even if I may not personally care for
01:01:24.340
Donald Trump and I understand why people have that reaction, I care about free speech.
01:01:29.640
I care about religious liberty.
01:01:31.260
I don't want to see a Supreme Court that undermines my rights.
01:01:35.520
And I hope that that helps produce a good election outcome and helps people also understand
01:01:40.920
the stakes in in in the epic gladiatorial battle we have right now with with Judge Barrett.
01:01:48.120
Yeah.
01:01:49.460
Any chance we're going to see you on the presidential ticket or vying to get on it in 2024?
01:01:55.780
Oh, sure, sure.
01:01:56.800
Look, I've made no secret about that, that I hope to run again.
01:02:00.480
And I love doing it last time.
01:02:02.520
And I hope the president is reelected.
01:02:05.540
I'm working hard to help him get reelected.
01:02:07.140
But but whether he is or not, these battles aren't going away.
01:02:11.520
Our country is deeply divided.
01:02:14.880
You know, I also I think we need to do much more those on the right conservatives to win
01:02:21.260
people's hearts and minds.
01:02:22.560
I think we spend too much time just talking to preaching to the choir, talking to the people
01:02:28.060
watching Fox News each night and not talking to young people and Hispanics and African-Americans
01:02:34.420
and suburban moms.
01:02:36.560
And and and so the book is one step trying to do that.
01:02:40.920
You know, I I launched a podcast earlier this year, Verdict with Ted Cruz.
01:02:45.440
It ended up becoming the number one ranked podcast in the world.
01:02:48.440
And it's and it's designed.
01:02:51.960
What's interesting is the people who listen to it.
01:02:54.600
We've had over 15 million downloads and the people who listen to it are a very different
01:02:59.500
demographic than the folks Republicans generally talk to.
01:03:04.040
And so I'm well, the audience is very committed, tends to be older and the podcast audience tends
01:03:08.700
to be younger.
01:03:09.860
And look, you're only 49 years old, which I think I can speak to is very, very young.
01:03:15.520
It's it's really the new 39.
01:03:17.740
So you got plenty of runway ahead of you and it's going to be fun to watch you.
01:03:22.980
Senator Cruz, thanks for being here.
01:03:24.980
Well, thanks for having me and congrats again on the podcast.
01:03:29.820
Our thanks to Senator Ted Cruz and our thanks to you for listening.
01:03:37.620
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