Verdict with Ted Cruz - July 06, 2024


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


Episode Stats

Length

31 minutes

Words per Minute

164.77115

Word Count

5,119

Sentence Count

323


Summary


Transcript

00:00:00.000 This is an iHeart Podcast.
00:00:02.620 Guaranteed human.
00:00:04.340 Welcome.
00:00:05.020 It is Verdict with Ted Cruz.
00:00:06.640 A week in review.
00:00:07.960 Ben Ferguson with you.
00:00:09.120 And these are the major stories that you may have missed that we talked about this week.
00:00:12.680 First up, when will the media stop attacking Joe Biden?
00:00:16.360 It's very clear they're trying to take him out right now.
00:00:18.940 But will they get back in line?
00:00:20.660 We're going to talk about the timeline and how important that is.
00:00:23.820 Also, Donald Trump had a massive victory this week at the Supreme Court dealing with presidential
00:00:29.060 immunity.
00:00:30.380 And what did the media do?
00:00:31.680 They immediately lied to you about what this actually means.
00:00:35.280 And now they're saying we may leave the country if Donald Trump is reelected as president.
00:00:41.660 We'll break that down for you as well.
00:00:43.860 Plus, a major court case that you did not hear about in the media this week that we're going
00:00:49.400 to break down for you.
00:00:50.660 It's the Weekend Review.
00:00:52.000 And it starts right now.
00:00:54.180 One Democrat that went on TV, I guess he's like the sacrificial lamb, is Representative
00:00:59.600 Democratic Representative Dan Goldman.
00:01:02.460 He said this about the president trying to reassure Americans he's really fine.
00:01:07.240 There's no cognitive decline.
00:01:08.440 And the people who are with him every day have indicated as well that it was an aberration
00:01:13.540 and it is an anomaly.
00:01:15.400 And if that is the case, then we will see that.
00:01:19.440 And we will see that over the next week.
00:01:21.240 And he will restore our faith and confidence in his fitness.
00:01:25.360 And then everything else between the two of them cuts in favor of Joe Biden.
00:01:30.120 So people are right to have some concerns after that performance.
00:01:33.780 And I don't think there's any excuse that Joe Biden offered.
00:01:37.680 I think he was trying to explain how he had such a poor performance.
00:01:43.800 But he's accepted it.
00:01:45.500 He's owned it.
00:01:46.020 He's acknowledged it, as we all have.
00:01:48.140 And what we need to see from him is that vibrant and whip smart president that we have had for
00:01:55.580 the last three and a half years.
00:01:57.100 And the people, I mean, you listen to him and then you go to the facts.
00:02:01.280 Biden's post-debate checkup actually contradicts what the White House said.
00:02:07.120 They have they've now confirmed that and President Biden confirmed.
00:02:11.600 And again, I'm quoting reports coming out of the White House to the Democratic governors.
00:02:15.720 Remember, they had this 9-1-1, you know, all hands on deck meeting with Democratic governors
00:02:19.840 to try to reassure them that he had a medical checkup following the presidential debate,
00:02:24.300 despite earlier statements from the White House press secretary on multiple occasions
00:02:27.800 that he had not received any medical exam since February.
00:02:31.660 We played some of that in the last show.
00:02:33.660 The White House later clarified that Biden was seen by a doctor for a brief, quote,
00:02:38.240 brief checkup due to the lingering symptoms from a cold, which did not include any major tests.
00:02:44.640 So even when they lie to you, they still can't.
00:02:47.820 There's they're now lying to either the governors or the American people,
00:02:51.100 or they're just lying about all of it.
00:02:52.660 Your thoughts.
00:02:54.240 Yeah, look, the cold is nonsense.
00:02:55.960 The jet lag is nonsense.
00:02:57.440 Everyone knows that the issue is that he's too old and he's suffering from dementia.
00:03:02.640 That is blazingly true.
00:03:05.760 They're trying to distract from this.
00:03:07.640 Look, I'll give you a sense of how bad it is.
00:03:09.800 Even the Praetorian Guard, even the most zealous defenders of Joe Biden and the Democrats,
00:03:16.600 and by that I mean the New York Times, even they're turning on her.
00:03:21.200 On Wednesday of this week, the New York Times wrote a story, the headline of which is,
00:03:26.020 Biden tells allies he knows he has only days to salvage candidacy.
00:03:31.880 Here's what the New York Times wrote.
00:03:33.140 By the way, this is not an editorial.
00:03:34.440 This is a news story.
00:03:35.960 President Joe Biden has told key allies that he knows the coming days are crucial
00:03:39.600 and understands that he may not be able to salvage his candidacy if he cannot convince
00:03:43.940 voters that he is up to the job after a disastrous debate performance last week.
00:03:48.940 According to two allies who have spoken with him, Biden has emphasized that he is still
00:03:53.120 deeply committed to fight for his reelection, but understands that his viability as a candidate
00:03:58.260 is on the line.
00:03:59.740 The president sought to project confidence Wednesday in a call with campaign staff,
00:04:05.500 even as White House officials were trying to calm nerves inside the ranks of the Biden
00:04:10.380 administration.
00:04:12.160 Quote, no one's pushing me out, Biden said in the call.
00:04:15.380 I'm not leaving.
00:04:16.980 Vice President Kamala Harris was also on the line.
00:04:19.300 Quote, we will not back down.
00:04:21.200 We will follow our president's lead, she said.
00:04:23.180 We will fight and we will win.
00:04:25.440 Rah, rah, rah.
00:04:25.980 Still, Biden allies said the president had privately acknowledged that his next few appearances
00:04:32.120 heading into the July 4th holiday weekend must go well, particularly in an interview scheduled
00:04:38.140 for Friday with George Stephanopoulos of ABC News and campaign stops in Pennsylvania and
00:04:43.160 Wisconsin.
00:04:44.140 Quote, he knows that if he has two more events like that, we're in a different place by the
00:04:49.320 end of the weekend, said one of the allies, referring to Biden's halting and unfocused performance
00:04:53.900 on the debate.
00:04:54.500 That person who talked to the president in the past 24 hours spoke on the condition of
00:04:59.660 anonymity to discuss a sensitive situation.
00:05:03.320 The accounts of his conversations with allies are the first indication to become public that
00:05:09.160 the president is seriously considering whether he can recover after a devastating performance
00:05:15.380 on the debate stage in Atlanta last Thursday.
00:05:18.260 A new poll from the New York Times and Siena College showed the former president Donald Trump
00:05:22.900 now leads Biden 49 to 43 percent among likely voters nationally, a three point swing towards
00:05:30.480 the Republican from just a week earlier before the debate.
00:05:34.120 This is they're terrified and they think Biden's going to lose if they thought a mentally
00:05:45.820 incompetent person was going to win.
00:05:47.640 They'd be fine.
00:05:48.960 But they're terrified that there are at least some people who say, gosh, maybe the commander
00:05:54.160 in chief should should be aware of what's going on around it.
00:05:58.420 Final two questions for you.
00:06:01.480 One, when do you think the media has to stop this onslaught of attacks on the president because
00:06:07.260 they're going full court press?
00:06:08.700 Is it another week and then they got to dial it back in case he does continue to be the
00:06:13.600 nominee?
00:06:14.020 They can't push him out.
00:06:15.140 And number two, how important is this primetime taped interview Friday night for Joe Biden's
00:06:23.320 future?
00:06:24.640 Well, I mean, let me start with number two, that the interview on Friday is very important.
00:06:29.780 If he goes and just craps the bed, that that could be fatal.
00:06:36.160 I think ABC and Stephanopoulos are going to do everything they can to prevent that from happening.
00:06:42.340 I think they're going to edit the heck out of the interview.
00:06:45.740 They should run it live.
00:06:47.400 And anyone who cares, like ABC should be embarrassed about itself that it's not running it live
00:06:52.100 because their editing will be designed to create a false impression to protect Joe Biden,
00:06:59.460 to turn it into a campaign video.
00:07:01.340 If they're a real journalistic outlet, you know, when I do interviews, I do them live.
00:07:05.860 And if I say something dumb, you know what?
00:07:08.040 The camera catches it and all the world can hear.
00:07:10.280 And it's not ABC's job to be doing the PR and damage control for the Democrats, but that's
00:07:18.200 what they're doing.
00:07:19.340 I think the interview matters a lot.
00:07:21.780 I also think it's interesting you're seeing Democrats publicly breaking ship.
00:07:27.060 So Lloyd Doggett, very liberal Democrat from Austin, Texas, became the first Democrat member
00:07:32.800 of Congress to say the president should step aside.
00:07:35.260 Two others, Jared Golden of Maine and Marie Glusenkamp-Perez of Washington, both Democrats, both said
00:07:45.540 they believe Biden will lose in November.
00:07:48.660 That's significant that you're seeing elected Democrats coming out saying that.
00:07:55.180 Another one, Seth Moulton, another Democrat from Massachusetts, raised real questions about
00:08:01.760 whether Biden can win.
00:08:02.860 He said, quote,
00:08:03.680 I deeply respect President Biden and all the great things he's done for America, but I have
00:08:08.180 grave concerns about his ability to defeat Donald Trump.
00:08:11.940 Winning will require prosecuting the case in the media, in town halls, and at campaign
00:08:16.460 stops all over the country.
00:08:18.160 President Biden needs to demonstrate that he can do that.
00:08:20.960 The unfortunate reality is that the status quo will likely deliver us President Trump.
00:08:27.600 We're seeing that happening more and more and more.
00:08:30.620 Now, your first question was, how long will the media continue to attack?
00:08:34.980 Listen, on the debate night, I predicted if this is going to happen, it's going to shake
00:08:39.660 out in 21 days.
00:08:41.560 So we're a week into it.
00:08:43.180 I think we have two more weeks ahead of us.
00:08:45.940 We will go into the Republican convention in two weeks.
00:08:48.800 I think we'll know what happens by then.
00:08:51.660 A final point, and one that has not been discussed a great deal, I think all of this drama impacts
00:08:57.700 President Trump very significantly, and in particular, it impacts his vice presidential
00:09:03.120 choice.
00:09:06.060 Trump is in the middle of presumably picking who he wants to be VP.
00:09:09.880 Lots of names have been floated.
00:09:11.260 There are lots of short lists, lots of things discussing.
00:09:13.820 Well, normally when you're picking a VP candidate, you know who your opponent is.
00:09:18.760 You know what you're fighting against.
00:09:21.280 In this instance, it's a very difficult situation for Trump because the kind of VP he might pick
00:09:29.580 if he's running against Joe Biden and Kamala Harris could be a very different VP than if
00:09:36.220 he's running against Michelle Obama.
00:09:38.360 I think right now the Trump team is feeling incredibly confident.
00:09:42.160 I think they think they're going to win.
00:09:43.900 They're going to beat Joe Biden.
00:09:45.080 I think they're feeling on top of the world.
00:09:47.280 I can tell you if the news broke tomorrow that Biden was not the nominee anymore and it
00:09:52.940 was going to be Michelle Obama, the Trump team, if it were not at a major emergency mode
00:10:00.920 level of this is serious, then they'd be misreading the situation because Michelle Obama's the Democrat
00:10:07.320 nominee is incredibly dangerous and that could easily impact the vice presidential nominee.
00:10:13.620 So, for example, if it's Michelle Obama, maybe Trump picks Tim Scott, deciding that he wants
00:10:19.540 to go fight and fight more aggressively for African-American votes.
00:10:22.840 That's one possible consideration that maybe that's a little bit less of a consideration if
00:10:27.920 Joe Biden is at the top of the ticket.
00:10:29.520 So there are complicated, complicated chess moves that are playing out right now because
00:10:37.240 of the uncertainty of who's going to be the nominee.
00:10:41.780 Now, if you want to hear the rest of this conversation, you can go back and listen to the full podcast
00:10:46.740 from earlier this week.
00:10:48.820 Canadian women are looking for more, more out of themselves, their businesses, their elected
00:10:53.360 leaders and the world around them.
00:10:54.940 And that's why we're thrilled to introduce the Honest Talk podcast.
00:10:58.940 I'm Jennifer Stewart.
00:11:00.060 And I'm Catherine Clark.
00:11:01.320 And in this podcast, we interview Canada's most inspiring women, entrepreneurs, artists,
00:11:06.380 athletes, politicians and newsmakers, all at different stages of their journey.
00:11:10.780 So if you're looking to connect, then we hope you'll join us.
00:11:14.000 Listen to the Honest Talk podcast on iHeartRadio or wherever you listen to your podcasts.
00:11:19.800 Now on to story number two.
00:11:21.720 Well, even on MSNBC, they were having this conversation on the SCOTUS immunity ruling.
00:11:28.180 And they said, in their words, Trump could target like journalists could target, quote, me.
00:11:33.620 That's what Wallace said.
00:11:35.340 And then he said, people, if he wins, will be forced to flee the country.
00:11:39.440 Listen, Supreme Court in Russia exists.
00:11:42.820 But none of us think that there's a rule of law there.
00:11:46.180 When you look at this opinion, it just doesn't know it.
00:11:48.880 Yeah, exactly.
00:11:49.780 Mark Elias, we should pull the curtain back on what's actually happening, shouldn't we?
00:11:55.500 People are exploring options to live in other countries if they think they could be targeted for prosecution by Donald Trump,
00:12:02.860 because targeting you or targeting me or targeting Andrew would be an official act based on today's decision.
00:12:07.920 Yeah, I mean, they could target for criminal prosecution.
00:12:13.640 They could target for administrative investigation, the IRS, the SEC, the EPA.
00:12:19.660 I mean, they're not just talking about death.
00:12:22.240 They're talking about using the president saying, I'm going to target everybody I want to and use all of the things, by the way, which Democrats have done.
00:12:28.020 They've used the justice system.
00:12:29.040 They use the IRS, the Tea Party, for example.
00:12:31.360 They've gone after people and raid their homes.
00:12:33.720 Steve Bannon's in jail right now.
00:12:35.060 The list goes on and on and on.
00:12:36.480 Of all the things that they're doing actually right now before this ruling that had nothing to do with this ruling,
00:12:42.940 now they're like, well, we're going to have to leave the country because he's just going to target all of us.
00:12:46.940 So I got to say, what utter garbage the two of them.
00:12:52.880 Oh, they're going to target us.
00:12:54.000 They're going to target us.
00:12:55.100 That's what Joe Biden is doing right now.
00:12:57.140 Joe Biden, this Justice Department, is the most lawless, partisan, weaponized, abused system of justice ever seen.
00:13:05.440 The absolute irony of those people saying, oh, Trump's going to do that.
00:13:09.800 You know what?
00:13:10.120 When he was president before, he didn't do that.
00:13:11.940 It is you, you dishonest, partisan hacks that are going after, that have the four indictments against Trump.
00:13:19.200 As you noted, Steve Bannon is in jail right now.
00:13:24.300 Peter Navarro is in jail right now.
00:13:26.680 You're going after pro-life protesters.
00:13:29.100 You're attacking.
00:13:30.260 You're refusing to go after people who are firebombing pregnancy resource centers.
00:13:34.540 The absolute hypocrisy, the people who invented weaponization, are now saying, well, we're scared.
00:13:42.980 We'll be targeted.
00:13:44.980 It's utter garbage.
00:13:46.320 You know, I got to say, you're in my friend, Jesse Kelly.
00:13:49.420 He tweeted it in response to this.
00:13:51.000 I think his tweet was very insightful.
00:13:53.680 He said, you know what you call it when SCOTUS reveals the president has immunity?
00:13:58.120 And the first thought the communists have is about using the military to execute political opponents?
00:14:04.760 In poker, that's known as a tell.
00:14:08.900 For instance, if you told me that the president could do whatever he wanted without restriction,
00:14:14.580 my very first thought would be about firing government employees and eliminating entire federal agencies.
00:14:20.200 For communists, their thoughts go directly to murder.
00:14:24.660 Again, a tell.
00:14:25.820 Well, it's a great point, and it goes back to the insanity of all of them.
00:14:32.240 They do this, and then, you know, you look at the Supreme Court, and again, I go back to
00:14:36.680 listen to Norm Eason on CNN immediately after this happens.
00:14:41.120 Listen to what he says.
00:14:42.900 When the president does it, that means it is not illegal.
00:14:46.180 So in this context, with what the court has decided, Norm, does this mean that Nixon
00:14:52.360 Nixon basically would have been able to do what he did completely legally without any recourse?
00:14:59.220 You could have had substantial portions of Richard Nixon's wrongdoing that drove him from office
00:15:08.680 because it was conducted from the Oval Office, using his official advisors to engage in break-ins,
00:15:18.740 a wide variety of other illegal activity, would have been impossible to prosecute.
00:15:24.220 Essentially, what the Supreme Court majority, again, including terribly conflicted justices who have no business sitting on this case under any standard of
00:15:35.080 judicial ethics, what they've done, Sarah, is rewrite American history.
00:15:40.320 It goes all the way back to the founding American idea.
00:15:43.760 We overthrew King George III because we did not want a ruler to have this kind of absolute immunity.
00:15:51.400 And the Supreme Court has now altered that.
00:15:56.460 And we have to be honest that we're facing a major party political candidate who has said he wants to be a dictator on day one.
00:16:05.820 He wants to assert autocratic powers.
00:16:08.120 They've just given him a license for dictatorship within the purview of official acts.
00:16:15.900 That should be extremely alarming.
00:16:18.720 And it makes this momentous election really a referendum on the future of American democracy.
00:16:25.960 A license for dictatorship.
00:16:28.900 Like, come on, CNN.
00:16:30.740 What utter garbage.
00:16:33.260 And again, the Freudian projection is so utterly rich.
00:16:38.120 It is Joe Biden whose Department of Justice is targeting its political enemies.
00:16:43.680 It is Joe Biden who is engaged in rampant censorship of the free speech of American citizens.
00:16:51.440 It is Joe Biden who issued a blatantly illegal vaccine mandate that was thrown out by the courts,
00:16:57.640 but fired thousands and thousands of active duty servicemen, men and women fired FBI agents,
00:17:04.200 fired border patrol agents because they refused to comply with his illegal vaccine mandate.
00:17:09.540 And to be clear, the court struck down his vaccine mandate.
00:17:12.960 But he had already gotten rid of the people he wanted to get rid of.
00:17:16.820 It is Joe Biden who repeatedly issues lawless orders trying to give away a trillion dollars in student loans that he has no legal authority to do.
00:17:26.540 He knows they'll get struck down in court, but he's trying to buy votes.
00:17:29.480 That is utterly lawless.
00:17:31.000 It is Joe Biden who on the border is ignoring the entirety of federal immigration law and has released, has allowed 11 million people to come into this country illegally,
00:17:40.980 who is ignoring the Americans who are being murdered, who are being raped by the criminals he's releasing.
00:17:47.300 And yet you have these numbskulls go on CNN and say, oh, well, this means Trump can be a dictator.
00:17:53.840 Trump didn't do any of that.
00:17:55.220 Everything I just listed, Trump actually followed the law.
00:17:58.180 He exercised his power.
00:17:59.960 He implemented policies that proved very beneficial for the American people.
00:18:04.420 It is the Democrats.
00:18:05.700 And look, look, when Alejandro Mayorkas was impeached for utterly defying the law, for refusing to follow immigration law,
00:18:13.340 every single Democrat in the Senate, all of them voted to throw out the case and to hear no evidence.
00:18:20.160 So they don't care about the rule of law.
00:18:22.980 They care about power.
00:18:24.140 The reason they're angry and hyperventilating is because this case is an effort to weaponize the justice system,
00:18:32.940 to stop the voters from voting to elect Donald Trump.
00:18:35.600 And this ruling they view as getting in the way of what they want to do, which is weaponize the justice system to subvert democracy.
00:18:43.680 The irony is, he says, this is a blow to democracy.
00:18:46.520 What they're doing is an attack on democracy.
00:18:50.140 And they're frustrated that their attack on democracy is not working.
00:18:54.740 Senator, my final question for you now is the politics of this.
00:18:58.580 You got Twitter going crazy in the left saying, all right, we'll just take out Donald Trump, which is I thought against the law, but apparently not.
00:19:04.740 But you've got the media saying, well, this means that Donald Trump, if he gets elected, is going to be a dictator and a tyrant,
00:19:10.340 and he can just lock everybody up so people are going to have to flee the country.
00:19:14.340 And now, in a weird way, this kind of gets the Democrats out of jail-free card with the court cases,
00:19:21.840 which I believe have been backfiring on them.
00:19:25.060 They've only been helping.
00:19:26.240 Every time they go after Trump legally, it seems to help Donald Trump.
00:19:30.140 Is this, in a weird way, a blessing in disguise politically for the Democrats?
00:19:33.680 They can kind of just put pause, and Jack Smith can go away, and Alvin Bragg can kind of go away for a little bit,
00:19:39.240 and we just kind of have a normal election now.
00:19:42.340 You know, I think you may be overthinking it.
00:19:44.660 I don't think they're capable of thinking strategically or rationally on this.
00:19:48.820 They just hate him.
00:19:49.780 They want to attack him on every front.
00:19:51.540 It is always about orange man bad.
00:19:54.520 It is always about Trump is the devil.
00:19:56.220 And so, they're just going to have, you're going to see cries of frustration.
00:20:02.340 You're going to see tears on MSNBC.
00:20:04.660 Trump winning terrifies them.
00:20:07.920 Look, these cases, the Jack Smith case is not going to proceed before the election.
00:20:14.300 It's going to take significant time to brief out and decide the immunity questions that now have been sent to the lower court.
00:20:21.360 And it's not clear that any of the Jack Smith case survives once you go through the analysis of what constituted an official action,
00:20:29.440 either an exclusively official action or an official action with shared authority with Congress.
00:20:34.460 very little, if any, of the Jack Smith indictment will survive that analysis.
00:20:41.800 But, and actually, Alvin Bragg, it's interesting.
00:20:45.000 You know, we were supposed to have the judicial sentencing of Trump two days before the Republican Convention.
00:20:51.240 That now is going to be delayed.
00:20:53.100 And the reason it's going to be delayed is as soon as this decision came down,
00:20:56.240 Trump's legal team asked to brief the judge there as to why those convictions should be thrown out under the reasoning in this Supreme Court decision.
00:21:08.300 And the court said, yes, that the court will consider legal arguments on that question.
00:21:14.180 And that meant that the sentencing had to be delayed.
00:21:17.360 And Alvin Bragg agreed to delay the sentencing.
00:21:19.720 Now, I got to say, he pretty much had to.
00:21:22.360 Now, with this decision coming down, it is obvious that the court at least needs to consider
00:21:27.220 what is the relevance of this decision to the convictions against Donald Trump.
00:21:35.280 Now, the court said when it was scheduling arguments that it thought that the arguments were baseless.
00:21:41.460 So I'm going to predict right now, the New York judge is going to say, no, this, that decision doesn't change anything.
00:21:47.220 And it is true that the conduct at question occurred before Trump was president.
00:21:55.000 And so it is in no way, shape, or form an exercise of presidential authority.
00:21:59.660 And so there are lots of reasons why the decision from the New York trial court is an absolute abomination and an abuse of power and why it will be reversed on appeal.
00:22:13.320 But it may well be that that it's not going to be because of this decision, because this decision concerns the exercise of presidential powers.
00:22:21.740 And Trump was not president when the conduct at question occurred.
00:22:25.000 As before, if you want to hear the rest of this conversation on this topic, you can go back and download the podcast from early this week to hear the entire thing.
00:22:34.880 Canadian women are looking for more, more out of themselves, their businesses, their elected leaders, and the world around them.
00:22:41.280 And that's why we're thrilled to introduce the Honest Talk podcast.
00:22:45.000 I'm Jennifer Stewart.
00:22:46.180 And I'm Catherine Clark.
00:22:47.420 And in this podcast, we interview Canada's most inspiring women.
00:22:51.140 Entrepreneurs, artists, athletes, politicians, and newsmakers.
00:22:54.460 All at different stages of their journey.
00:22:56.920 So if you're looking to connect, then we hope you'll join us.
00:23:00.140 Listen to the Honest Talk podcast on iHeartRadio or wherever you listen to your podcasts.
00:23:05.860 I want to get back to the big story number three of the week you may have missed.
00:23:10.620 Senator, there's another important issue I know you wanted to bring up.
00:23:13.680 It is one that has not been on the front pages of newspapers.
00:23:17.140 And that doesn't mean it's not important.
00:23:19.300 In fact, it's very important.
00:23:20.840 And explain to us about this significant ruling that came down.
00:23:25.080 So last week, the U.S. Supreme Court decided a decision called Loper Bright Enterprises versus Raimondo.
00:23:32.240 And what the court did is it overruled a 1984 decision of the Supreme Court, the Chevron decision.
00:23:40.240 And that was a decision Chevron versus Natural Resources Defense Council.
00:23:43.760 The Chevron decision created something that is called Chevron deference.
00:23:49.160 Now, what is Chevron deference?
00:23:50.820 It was a doctrine that said the courts will defer to federal agencies on rules and regulations so long as that rule and regulation is, quote, reasonable.
00:24:04.620 What it did is it gave enormous powers to unelected bureaucrats.
00:24:11.600 And Chevron, you can trace in a very direct line the rise of the administrative state, the rise of unelected bureaucrats issuing rules that are incredibly costly to the American people, incredibly harmful to the American people.
00:24:26.020 You can trace that rise to the Chevron doctrine because when an agency of unelected bureaucrats issued a brand new rule, the courts would enforce that rule and say, well, it's the expert agency.
00:24:38.820 And so we're going to give force to what they say, even if Congress never passed this into law.
00:24:45.540 And so the court last week overruled Chevron.
00:24:49.980 What that means now is that it is Congress, it's the elected members of Congress that have to make policy decisions that impact the American people, not the armies of bureaucrats who have no democratic accountability.
00:25:05.820 What type of precedent will this have moving forward and what does this say to corporations as well?
00:25:11.520 Well, what it will do is weaken federal regulators.
00:25:14.520 And let's take, for example, the facts here.
00:25:16.420 So the facts here concerned a family fishing company and the federal government issued a regulation that required the family fishing company, number one, to allow a fishing monitor, a person, on board their ship, but also forced the family fishing company to pay the salary of the federal fishing monitor,
00:25:42.000 even though the law passed by Congress had no such requirement.
00:25:45.520 So in other words, this regulator said, OK, you, the fisherman, you got to allow a federal bureaucrat on your ship and you got to pay a salary.
00:25:55.260 Why? Because we said so, because we want you to pay a salary.
00:25:57.840 And the court said, well, wait a second.
00:26:00.680 When Congress passed the law, it didn't say that.
00:26:03.060 Where did you this come up with?
00:26:04.680 Where did you come up with this?
00:26:05.660 You just made this up.
00:26:06.660 And so in this case, I led an amicus brief, a friend of the court brief in the Supreme Court.
00:26:13.680 It was joined by 17 other senators.
00:26:16.800 Mike Johnson, the Speaker of the House, led an amicus brief in the House of Representatives.
00:26:21.880 Let me read you the first couple of paragraphs of the brief that I filed in the Supreme Court.
00:26:28.320 Here's the summary of the argument.
00:26:30.600 Quote, the court should unequivocally abandon the contemporary Chevron deference doctrine because it contradicts articles one, two and three of the Constitution.
00:26:41.200 Decades of application of Chevron deference have facilitated the exercise of functions by the executive branch that more properly belong to the legislative and judicial branches.
00:26:53.960 Agencies exploit general or broad terms and statutes to engage in policymaking functions of questionable legality with the assumption that the courts will grant deference and not independently evaluate the lawfulness of those agency interpretations.
00:27:13.920 And then I quote from from a dissent of Justice Thomas's, quote, the founders expected that the federal government's powers would remain separated and the people's liberty secure only if the branches could check each other.
00:27:32.440 Therefore, the Constitution imposes structural constraints on all three branches and the exercise of power free of those accompanying restraints subverts the design of the Constitution's ratifiers.
00:27:48.880 The court agreed with the amicus brief that I filed for 17 senators.
00:27:54.400 It agreed with the amicus brief.
00:27:56.540 Mike Johnson, the Speaker of the House, filed for a number of House members.
00:28:00.120 And the result today is there is more power in the elected members of Congress.
00:28:07.200 And the reason that matters is you where power resides, you want it to reside where there's accountability.
00:28:14.500 If Congress votes for an idiotic law that hurts the American people, you know what the voters can do?
00:28:21.580 They can throw the bums out.
00:28:23.100 If an unelected bureaucrat issues a rule that says, I don't know, fisherman, you got to let a bureaucrat on your boat and you got to pay a salary.
00:28:31.860 Well, you know what?
00:28:32.680 You can't fire that bureaucrat.
00:28:34.140 That bureaucrat doesn't run for office.
00:28:35.700 That bureaucrat doesn't do town halls.
00:28:37.460 That bureaucrat never sees the people he's hurting.
00:28:40.740 And so this was a victory for democracy and a victory for the Constitution, which, of course, means Democrats and the media are horrified.
00:28:51.600 You know, this reminds me so much of the parallels and what you're describing with what we saw with Dr. Fauci, a guy elected by no one.
00:28:59.600 Yes.
00:28:59.820 Making more money than anybody else in the United States government.
00:29:03.020 Literally, that's not a joke.
00:29:04.240 Making more than the president makes.
00:29:06.220 And being able to basically make up and put laws on all of us and certain, you know, lockdowns, et cetera, on all of us and change the entire way we did our life.
00:29:16.340 And there was, in essence, no check or balance for him.
00:29:19.380 This seems like where the country is moving now, paying attention more to these type of situations.
00:29:25.480 Well, and look, we see a whole series of decisions from the Supreme Court.
00:29:29.820 That are all about enforcing the Constitution and enhancing democracy.
00:29:35.360 You take the Dobbs decision that overturned Roe versus Wade.
00:29:39.080 What did it do?
00:29:40.080 It moved questions of abortion that are hotly contested, that people passionately disagree on.
00:29:46.380 It moved them to the elected branches of government.
00:29:49.540 It moved them to the 50 states where the citizens of each state could decide what should the rules be in your state.
00:29:56.220 And nobody would expect that Texas would have the same rules that California has because the citizens have different values.
00:30:03.220 And where there are contested policy issues, it ought to be the voters deciding.
00:30:08.020 Now, interestingly enough, even though Democrats in the corporate media love talking about how much they want to defend democracy,
00:30:15.760 they are horrified whenever the voters actually get to decide.
00:30:21.140 They want unelected judges deciding, so long as they agree with what the judges are deciding,
00:30:27.940 and they want unelected bureaucrats deciding, and they know they're going to agree with that
00:30:32.000 because the bureaucrats are overwhelmingly left-wing and disconnected from the harms that their rules and regulations are causing.
00:30:40.560 As always, thank you for listening to Verdict with Senator Ted Cruz, Ben Ferguson with you.
00:30:46.260 Don't forget to download my podcast, and you can listen to my podcast every other day if you're not listening to Verdict,
00:30:50.880 or each day when you listen to Verdict afterwards.
00:30:53.300 I'd love to have you as a listener to, again, the Ben Ferguson podcast,
00:30:56.800 and we will see you back here on Monday morning.
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