Ted Cruz visits a woman who was sentenced to seven days in jail for trying to open a hair salon during the coronavirus crisis, and the Supreme Court rules that she should be released. He also talks about a woman named Shelley Luther, who has been released from jail.
00:06:53.700What does this mean for the DOJ, for the Obama administration, for politics?
00:06:58.820Look, there are a couple of things at play here.
00:07:00.960One, Michael Flynn is a decorated general.
00:07:03.260And he was a leader until he was fired by the Obama administration because he had the courage to resist some of their willingness to just whitewash and cover up radical Islamic terrorists and be apologists for Islamism.
00:07:33.420And what has come out recently about the prosecution has really been disgraceful.
00:07:39.960How the Department of Justice, the FBI, I mean, they were politicized at a level under Barack Obama that's never happened before.
00:07:47.340They were turned into political weapons.
00:07:50.200And I got to say, the notes that have been released of the senior folks going after Flynn where they say the objective was to get him to lie so that we can either convict him for lying or get him fired.
00:08:09.040I mean, it was—I got to say, I commend Bill Barr.
00:08:13.680What Bill Barr has done, frankly, takes backbone because the media is savaging him because he came in as attorney general and said he was going to follow the law and there was going to be accountability.
00:08:26.780And he directed a U.S. attorney to review this case.
00:08:30.040And all of these records that had been hidden were suddenly made public.
00:08:34.720And Barr made the determination, DOJ made the determination that there was not sufficient evidence.
00:08:40.200What this was was a fishing expedition where they wanted to get rid of Flynn.
00:08:46.980And, you know, they were getting ready to close the case until Peter Strzok, this hard partisan dem who has all of these, you know, nasty partisan text back and forth with the woman with whom he was having an affair.
00:09:02.780Peter Strzok said, keep the case open.
00:09:04.980And what's interesting about it, when they went to interview Michael Flynn, you know, Comey's been bragging about how he convinced them, oh, no, no, you don't need a lawyer.
00:09:26.000And by the way, the alleged predicate for this is the Logan Act.
00:09:31.860Now, look, most people don't know what the Logan Act is.
00:09:35.220I'll tell you, the Logan Act is utter and complete garbage.
00:09:38.460It is a bill that is ostensibly in the U.S. code that makes it a crime for a private citizen to interact and conduct foreign policy with foreign leaders.
00:10:12.220If the Logan Act is a crime, because John Kerry runs around bragging about how he's telling the Iranians, don't worry, we'll come back to the deal, ignore President Trump's foreign policy.
00:10:26.320You have Democrats all the time who run around and engage in foreign policy and folks out of office.
00:10:33.440So the alleged violation for Flynn—it's important to understand this—he's a retired general.
00:10:41.000He's just been named the incoming national security advisor for the new president.
00:10:46.260This is after the presidential election.
00:10:48.080So the incoming national security advisor is putting his team together to come in and lead the president's national security team.
00:10:55.740And what they were allegedly investigating him is that he talked to the Russian ambassador.
00:11:00.660I guarantee you, every single national security advisor, going back to the staff of George Washington, was talking to our allies and our enemies.
00:11:12.620That's actually what you want leaders in government to do.
00:11:17.120And so it was an asinine fishing expedition based on a laughable claim, and it was all—the entire game was, well, let's get him on tape, and then let's interview him and see if he says something that contradicts what he says on tape.
00:11:36.220And I got to say, look, prosecutors have played that game all the time.
00:11:40.360There's a reason entrapment is not allowed, because you're just trying to—you're trying to set up what's called a perjury trap.
00:11:46.500And it was obvious that these partisans who were at the helm of DOJ and FBI, that was the game they were playing, and it wasn't law enforcement.
00:12:00.220And I think Bill Barr showed a lot of courage for saying, we're going to follow the law and not let this be just a partisan hammer.
00:12:09.960Right. The way you can tell in the notes that were released from the FBI, the way you can tell that this wasn't even just a regular, you know, investigation or entrapment, is that phrase, or get him fired.
00:12:23.300It wasn't just, we're going to see if we catch him in a lie, or we'll get him to admit.
00:12:35.500I mean, remember, he had been fired from the Obama administration.
00:12:38.220They didn't like that he was outing what the administration was doing, and they were mad at him, and that was evidenced by the partisan attack.
00:12:50.140And of course, the irony of all of this is that the media and the Democrats are savaging Barr for being partisan.
00:13:00.340I mean, it is the biggest case of projection.
00:13:02.800Because he says the Department of Justice is not going to be a partisan cudgel, they accuse him of being partisan, and it's a game, and I think a lot of people are sick of that game.
00:13:37.020It's a little long in the tooth in that institution.
00:13:39.600When does an executive's emergency power overstep the Constitution?
00:13:43.360Are there any rights that are absolute regardless of circumstance?
00:13:47.240Should there be a way for the legislature of the state or federal government to end a state of emergency or a lockdown, I suppose?
00:13:55.240So, look, that's a complicated question, and even the question in executive, there's a difference between the president, a governor, a mayor.
00:14:06.160In times of emergency, the constitutional law has always given some degree of discretion and some degree of deference to emergency powers that are short-term, that are temporary, that are designed to address the emergency.
00:14:26.040So, for example, there's the famous steel seizure cases where the federal government tried to seize steel mills, and the Supreme Court said, no, you can't do that.
00:14:47.980In an ordinary case, the government can't come along and say, Michael, we're going to lock you in one place and not let you go for something that you didn't do.
00:14:55.460Like, normally, to be locked up, you've got to do something.
00:14:58.160You've got to break the law to be locked up.
00:15:00.340Now, quarantines are an accepted exception to that if you have a contagious disease and are a threat to others.
00:15:20.960We're seeing it in Colorado with the dad who was playing softball with his six-year-old daughter in a public park, and they threatened to give him a ticket there.
00:15:31.700Pennsylvania, where they gave a woman a ticket for driving a car.
00:15:36.480She didn't violate any laws, by the way.
00:16:02.700For example, in times of war, a president can suspend habeas corpus, but in limited circumstances.
00:16:09.520And what the Supreme Court has said is that the power of the government is at its height when the executive and the legislature are joined together because they're a check on each other.
00:16:22.780And so that doesn't mean it's unlimited, but it is at its highest point when they are working together and you have multiple branches of government together.
00:16:31.700They are at the lowest point at the federal level when the executive is on one side and the legislature is on the other because those two are in conflict.
00:16:39.520And what's interesting, look, this crisis reveals character, and there are just a lot of petty authoritarians running around.
00:16:50.660Many of them are Democrats, but not all.
00:17:18.000And by the way, it would have been perfectly fine for them to insist on social distancing, say, listen, we're in the middle of a public health crisis.
00:17:28.160But the idea that you can't go outside, that you can't go to the beach, that you can't paddleboard, that you can't go jogging, all of that is an overreach.
00:17:36.840It's an overreach, and it's an overreach because people are – statists are going to statists.
00:18:30.180I mean, we do – our family, we do church on Sunday mornings where we – I log on to my phone and put it on the TV and we watch it in our living room.
00:19:08.020Who the hell are you to shut a church or synagogue down permanently?
00:19:13.040And by the way, de Blasio also, you know, he showed up at the funeral of a revered rabbi to personally disperse the crowd
00:19:21.540and then sent out this tweet threatening the Jewish community.
00:19:26.280You know, why exactly is he singling out the Jewish community again?
00:19:29.460I mean, that – you start to reveal the willingness to persecute people because of faith.
00:19:36.380Yes, you can work to protect public safety.
00:19:41.640But when you start singling out faith and religious exercise or speech and punishing what you don't like, that's when you clearly cross the line.
00:19:51.880Now, speaking of some maybe clearer steps we could be taking, this comes in from Aunt Betty.
00:19:56.200What actions are being taken right now to remove Chinese Communist Party-sponsored programs in higher education and public schools, Confucius schools and Jiangsu?
00:20:16.640So Confucius institutes have been established at universities all over the country, and they're typically funded by the Chinese government.
00:20:33.940And China's approach is they use their vast economic resources, a little bit like a drug dealer going to a junior high, where they say, you know, hey, kid, let me give you a free sample.
00:21:08.760So several years ago, I introduced and passed legislation on the Senate Armed Services Committee, got bipartisan support and got it written into law, a restriction and a prohibition on Department of Defense funding if a university has a Confucius Institute on campus.
00:21:28.520And it was like, look, we're not going to send you DOD money if you've got an outlet for the Chinese government right there.
00:21:35.520And that legislation that I authored and passed into law has resulted in over a dozen of those Confucius Institutes shutting down.
00:22:24.700And in the U.S., so that same company, Phoenix TV, purchased a radio station in Mexico, which has a huge transmitter pointed north, pointed at the United States.
00:22:39.300And they changed it from a Spanish language station to a Chinese language station.
00:22:45.440And they put in an application at the FCC to broadcast into the U.S.
00:22:50.420Now, two years ago in 2018, I sent a letter to the FCC saying, don't let a propaganda station owned by the Chinese government broadcast propaganda into the U.S.
00:23:01.660And the FCC denied them their license.
00:23:04.200Now, unfortunately, the way it works under the FCC is they, even though they'd been denied, they appealed and they got a provisional license while the appeal's pending.
00:23:16.780This TV station is broadcasting, saturating Southern California.
00:23:21.560And at times, it makes it all the way up to Northern California.
00:23:23.980Chinese language propaganda through the radio waves.
00:23:32.660And so I introduced legislation to eliminate the provisional appeal and say, look, if it's controlled by a foreign government broadcasting in a foreign language, we're not going to be simple patsies and let them pump propaganda into our country.
00:23:47.360And so that's legislation I just filed this week.
00:23:49.540Right. That's that's actually some concrete work that's being done.
00:23:53.900You know, sometimes everything's been so vague in this lockdown.
00:23:56.660Those are real steps that are being taken.
00:23:58.660And hopefully there's more on the horizon.
00:24:00.120This question from Magoo asks about another concrete step.
00:24:05.280Do you think there will be another stimulus to help those who are waiting for unemployment?
00:25:26.520But their biggest priority seems to be bailouts for big blue states that have huge pension liabilities that long preceded this crisis, have nothing to do with coronavirus.
00:25:38.540But the Democrats want to use that to bail the states out anyway.
00:25:43.800What I've been arguing and what a fair number of Republicans have been saying is slow down here.
00:25:55.320We're borrowing it and racking up the credit card.
00:25:58.420We're not going to get out of this crisis through debt.
00:26:02.140We're not going to get out through borrowing.
00:26:04.180The only way to get out is to restart the economy.
00:26:06.580So I think the next bill should be a recovery bill.
00:26:10.100It should focus on tax reform and regulatory reform.
00:26:13.760As small businesses are starting to open up, small businesses like Sherry Luther's hair salon, we ought to be lessening the tax burden, the regulatory burden, making it easier for those businesses to survive and thrive.
00:26:27.660That's the only thing powerful enough to actually turn this around.
00:26:32.820We can't borrow enough money in Washington and spend enough money to get there.
00:26:37.480And so at this point, I think it's very much in flux what Congress will do.
00:26:42.420But this debate is live and raging right now.
00:26:45.260Well, especially because the country that we most often borrow from happens to be China.
00:26:50.120And one of the consequences of this pandemic is we're now trying to decouple ourselves a little bit from China.
00:26:56.060You can't do that if you keep taking all of their money.
00:26:59.140You know, I also want to take a moment just to thank all of the listeners.
00:27:02.260I just saw this number come across the screen.
00:27:05.120We have now had five million, more than five million audio downloads alone, just the audio from the podcast.
00:27:12.580I don't think, Senator, I felt confident going in, but I didn't feel that confident.
00:27:16.120And I don't think either of us thought that the show would go that big and be listened to by that many people.
00:28:14.120But de Blasio has been so over eager, so willing to put the jackboot on that it's really been dismaying.
00:28:25.080I've seen a fair amount written about Cuomo's decision to send people to nursing homes and to force nursing homes to take people with coronavirus.
00:28:34.680And obviously, many of the deaths that have occurred nationally have occurred in nursing homes.
00:28:43.660More than half of the deaths in the U.S. from COVID-19 have occurred in New York and New Jersey.
00:28:48.860And so that really is the locus of it.
00:28:52.400I don't want to throw rocks at Cuomo in the midst of a crisis like this.
00:28:59.180I do think there will be serious questions asked, especially about the nursing home issue.
00:29:05.160But in a time of crisis, we ought to be coming together and solving the public health crisis and also solving the economic catastrophe that has come hand in hand with that.
00:29:36.820He's being hailed as the great hero of coronavirus.
00:29:40.240And yet other governors or the president who have done at least as good a job as Cuomo did are being pilloried for, you know, just destroying the whole country.
00:30:23.880I mean, they twitch and foam at the mouth.
00:30:25.740And anything he does, look, there are things that Trump does that I wish he didn't do.
00:30:30.220There are things he says I wish he didn't say.
00:30:33.200But when the media is just the only thing they can do is scream, orange man bad, orange man bad, it starts to get ludicrous.
00:30:42.160And when the media is just a willing shill for Chinese communist propaganda.
00:30:50.620So it pisses me off every time I see the media saying, oh, so-and-so country has a worse case of coronavirus than China.
00:31:02.260Well, that's only because they're doctoring their numbers and lying to us.
00:31:05.600And the story that was the most ridiculous was CNN did a story.
00:31:09.420So the Chinese government, their military propaganda site, put out a story that says the Chinese military is dealing with coronavirus much better than the American military.
00:31:22.440And CNN wrote a whole story saying the Chinese military is doing a better job than the American military with coronavirus.
00:31:31.300Source, the government website from the Chinese communist government.
00:31:35.380And it was literally, they're repeating Chinese communist propaganda.
00:31:40.520And it, so, of course, the media, bestill my beating heart.
00:31:47.600These Democratic governors are wonderful.
00:31:49.900And every Republican governor, the president, you know, apparently they were all in the wet market in Wuhan.
00:31:57.460And Donald Trump is personally responsible for this virus as the media tells.
00:32:02.640Look, I mean, it's, it's, the, the double standard in hypocrisy is a little ridiculous.