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00:01:40.480Union. Welcome to a very special episode of Verdict with Senator Ted Cruz, Ben Ferguson
00:01:48.020with you. And as we promised, Senator, as we talked about your dear friend, Lindsey Graham
00:01:53.000and his passing. We said we were going to put out that original episode with the senator that he was
00:01:58.380the very, very first guest of Verdict, and that is going to be this show. Well, Lindsey Graham,
00:02:05.400the Senate lost Lindsey this weekend. The world lost Lindsey this weekend. He was one of a kind.
00:02:11.680He had an extraordinary life and legacy serving our nation, 23 years in the Senate, 33 years in
00:02:17.420the Air Force. He made a profound difference, and he was also, he was the very first guest
00:02:25.000on Verdict right when this show launched, and he came in and joined us right when the show was
00:02:31.640started. It started on the first day of the very first Trump impeachment. This episode is in the
00:02:36.740middle of the impeachment, and Lindsey came from the Senate floor leaving about midnight to go to
00:02:42.520the studio to record it it was a classic and and priceless episode in fact he starts off by saying
00:02:51.080what is a podcast and we actually talked for years about selling t-shirts verdict with ted
00:03:00.140cruz and on the back what is a podcast lindsey graham yeah um it was he was one of a kind i am
00:03:09.260grieving and miss my friend, every member of the Senate, Mrs. Lindsey Graham. And give a listen to
00:03:16.320this podcast. Watch this podcast to remember why he was such an extraordinary senator and such an
00:03:24.420extraordinary human being. Hello, I'm Senator Lindsey Graham. Welcome to Verdict with Ted Cruz,
00:03:30.120the number one podcast in the entire country. What is a podcast? Welcome back to Verdict with
00:03:36.620Ted Cruz. I'm Michael Knowles. I'm joined by not one, but two U.S. senators to help us break down
00:03:42.880the most shocking day of the entire impeachment trial. Senator Graham, thank you so much for
00:03:48.060being here. Glad to be here. Gentlemen, the last time that we sat down, I was told this impeachment
00:03:53.600was going to drag on for weeks. We were going to get witnesses. We were going to get Bolton. We
00:03:57.200were going to get Hunter Biden. This was going to get long and ugly. I go to sleep. I wake up today
00:04:01.720and the senators are voting no more witnesses this thing could be over next week senator
00:04:07.560cruz what happened well today was a big day and let me say lindsey thank you welcome i appreciate
00:04:13.600your coming this is late at night we spent all day all day spending a lot of money on production
00:04:18.100well this was you're right yesterday if the vote had gone differently today this trial could have
00:04:26.780gone on for months we could have seen it drag on and on and on and it was a big deal it was up in
00:04:32.560the air and today was the most important vote we've had in the entire trial um it really came
00:04:39.380down to we knew we had 47 democrats that wanted more witnesses why because they hadn't proved in
00:04:45.380the case they're losing and so the only hope they have is extend it go on a fishing expedition and
00:04:51.300see if they can find something the big open question was were four republicans going to join
00:04:56.080We knew that two Republicans were. They'd announced it already. Mitt Romney and Susan Collins were voting with them. There were two other senators who were in play, Lamar Alexander, Lisa Murkowski. And it was close. Last night, Lamar announced that he was going to come out and say enough is enough. And we just found, got a final decision from Lisa today, just a few minutes before she voted.
00:06:07.160You're just not going to call John Bolton.
00:06:09.280If you're going to call a witness, we're going to call all the witnesses.
00:06:12.300Would you want to know a little bit about the Bidens?
00:06:15.340You know, I like Joe Biden, but give me a break.
00:06:17.840If Mike Pence's son was making $3 million a year from the most corrupt gas company in the Ukraine,
00:06:23.660Don't you think you might hear about it?
00:06:25.580You're only going to hear about the Bidens on this podcast.
00:06:28.360So the bottom line here is Ted made a very eloquent argument that it throws the courts into chaos.
00:06:35.960It would be the first impeachment in history.
00:06:38.660If you have executive privilege, it would be decided by the United States Senate that if you call one witness, you're going to call a bunch of witnesses.
00:06:47.260The president didn't get to call one witness in the House.
00:06:50.800So you open up Pandora's box. And number two, the whole idea of legitimizing an impeachment in the House that took 78 days.
00:07:01.140You can't get a parking ticket in 78 days if you can test it. Not one witness allowed to be called by the president.
00:07:07.680No cross-examination. The bottom line is the whole thing was a sham.
00:07:12.760And we were trying to convince Lisa and everybody else, don't legitimize this. Don't do their work for them.
00:07:18.040They're accusing you of being unfair because you did not call a witness.
00:07:38.540So I think the pivotal moment happened day before yesterday.
00:07:42.260Day before yesterday, Adam Schiff made a mistake.
00:07:44.520He was standing up arguing. He said he said, listen, the White House defense team have made John Bolton relevant because they have contradicted what he said.
00:07:55.600And then he threw a little aside. He said, if they'd have stipulated to it, then they'd have an argument.
00:08:01.340And it was interesting. I heard that Jay Sekulow's eyes got real wide when he said that.
00:08:05.900And I got up and went back to the cloakroom. Lindsay went back to the cloakroom.
00:15:22.320So Ted and I understood maybe differently than others, and I'll let Ted talk here.
00:15:26.960You've got to address the problem in front of you.
00:15:29.160From Lisa Murkowski's point of view, if we could show, Lisa, that if you had the New York Times article in front of you,
00:15:36.720and I tried to get a stipulation the day before, would it really matter?
00:15:41.000Wouldn't it still fall short of impeachment?
00:15:43.020Is this really what they meant to throw a president out that you suspend aid when they got the money and never did an investigation?
00:15:49.780the big picture stuff, then I think that turned the thinking that you really didn't need Bolton
00:15:55.040because it wouldn't change the outcome. Right. So one of the things that I think was really potent
00:15:59.740is Lindsey is a trial lawyer. I'm an appellate lawyer. Those are different worlds. Those are
00:16:05.160different arenas. I say shit show and he says other stuff. So that's the difference between0.99
00:16:09.220a trial lawyer and an appellate lawyer. Look, look, trial lawyers talk to juries. Appellate
00:16:13.500lawyers talk to judges. Those are different ways of framing things. But he and I teamed up very
00:16:18.580closely we probably wrote a dozen questions together some of which we asked some of which
00:16:23.180we gave to our colleagues and they asked but a lot of it we were aiming over and over and over again
00:16:28.800we had a purpose at lamar and lisa yeah trying to move them but trying to also give them you know
00:16:35.200we've talked on this podcast a lot of times about framing the narrative and choosing choosing the
00:16:40.160terrain on which you fight right if the whole fight early on the white house spent hours and
00:16:44.860hours saying there's no quid pro quo there's no quid pro quo well you know what if that's their
00:16:49.680argument the fact that the new york times says john bolton says there is a quid pro quo that
00:16:54.180suddenly makes if someone is trying to be very even-handed if that's the central dispute it's
00:17:01.280really hard to say well gosh shouldn't we bring him in to testify what was important and it took
00:17:05.900a couple of days to get us there is to make clear it doesn't matter if there was a quid pro quo or
00:17:11.240not. That's not the issue. I'm sorry to interrupt. There were these competing strategies.
00:17:16.840There were these two. Okay. So here's the point. You got to know who you're talking to.
00:17:21.540Lisa Murkowski is very independent. She's not going to do something because somebody tells her
00:17:26.540to. It's inconvenient if you want a witness. That's not going to matter. It may hurt the team
00:17:32.480if you call a witness. And Lamar loves the institution. He's about to retire. He's going
00:17:37.900to do what he thinks best. And what we try to do is explain, play it out. They're playing a game
00:17:43.040here. They set us up. They could have called the witness. They chose not to because it's
00:17:47.400inconvenient. Now they're asking you to deal out Article III courts bad. So assume for a moment
00:17:53.940you had Bolton in front of you. Would it really change the outcome here? Does it make it an
00:17:58.820impeachable offense for Bolton to say what he's going to say? And the answer is clearly no.
00:18:04.060Now, there was another argument that I think moved them quite a bit.
00:18:06.680Yes. And it was that what the Democrats were trying to do, if we'd have been a 50 50, this is a big one here.
00:18:13.140The Democrats were trying to go after the U.S. Supreme Court because if it had been 50 50 and we talked about this on the show last time, it's completely unclear if there is.
00:18:23.780They would have tried to make John Roberts decide, and whatever he did, it would have been viewed through a political lens.
00:18:32.020And so, look, one case that a number of us made is we're in a world where people have lost faith in Congress.
00:18:40.900And if we come through this and let the Democrats tarnish the Supreme Court, too, where they lose faith in every institution of government, that's a real problem.
00:18:50.500And, Michael, I think we've got a clip here that'll give an example of the Democrats' strategy.
00:18:56.420A question from Senator Warren is for the House managers.
00:18:59.820At a time when large majorities of Americans have lost faith in government, does the fact that the chief justice is presiding over an impeachment trial in which Republican senators have thus far refused to allow witnesses or evidence contribute to the loss of legitimacy of the chief justice, the Supreme Court, and the Constitution?
00:19:20.500Now, that is an insulting question. Now, Michael, I'm going to tell you something surprising. Yeah. Elizabeth Warren helped defeat the impeachment of the president of the United States. How do you mean? That little stunt she pulled was a campaign stunt. That was a fundraising stunt that was designed to thrill the left wing activists in the Iowa caucus.
00:19:41.520There ain't nothing else going on than that. But I'll tell you what, that stunt helped deliver the votes of Lisa and Lamar.
00:19:51.060It did. Because it made clear this is a political game.
00:19:55.960And if John Roberts doesn't vote the way Elizabeth Warren wants, she's going to call him a political hack and throw him into politics.
00:20:02.980and it suddenly raised the price of their voting and making it 50-50
00:20:08.740because you don't want to see the court thrown into that political swamp.
00:21:28.040It was two senators who are good people thinking it through and Ted bringing to the table an expertise that very few people have, quite frankly.
00:21:37.620And I just tried to say, listen, I try to be fair.
00:21:40.940I supported the Mueller investigation.
00:21:43.100I actually co-sponsored legislation that would prevent Mueller from being fired without cause.
00:21:48.300Yeah, what the heck were you thinking there?
00:21:49.600Well, just to tell Trump, what the hell are you thinking?
00:22:14.780And what would make it worse is to do what Ted said, put the court in the crosshairs of history in the wrong way.
00:22:20.640And what would make it worse is to to let them go to send a calling a witness that wouldn't matter because they think we're unfair.
00:22:28.620You've done nothing wrong here. It was the other side who did something wrong.
00:22:33.000Well, and as a consequence, John Roberts is not in a position where he has to make any controversial rulings where they get where he's being set up to be attacked as being political.
00:22:43.460He simply he presided over a fair trial and it was the senators who voted.
00:22:48.140And look, we're elected to make policy decisions and political decisions and also to apply the constitutional standard.
00:23:04.100Yeah, because really, just play it out.
00:23:06.600We call witnesses, then you're not just going to call John Bolton.
00:23:11.280You're going to have the whistleblower.
00:23:13.380It's going to be a nightmare for the country.
00:23:15.220You have all kind of issues decided by the Senate, should be decided by the courts.
00:23:19.400And you would set a precedent that I think would make impeachment of every president in the future almost a certainty.
00:23:25.200And it seemed actually in some of the arguments we heard during the trial that there was a threat there or an acknowledgement that if we continue down this path, we're going to impeach every president from now on.
00:23:35.620Well, and that remains a real risk that that we've opened the door to.
00:23:39.900So how do you stop that if the House loses?
00:23:42.880And one of the reasons they lost is because they've gone crazy.
00:23:45.780Donald Trump's changed the Republican Party, but he's driven the Democratic Party completely nuts.
00:23:51.060Hey, I'm Ruby Carr, the host of the podcast Encore.
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00:25:47.480Equal housing lender. Terms and conditions apply. Loan subject to approval and eligibility requirements.
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00:25:57.860What would happen if President Trump gets reelected? That's exoneration.
00:26:01.680Well, and let me underscore that, because that's a very good point.
00:26:05.040I actually think Bill Clinton helped keep Barack Obama from getting impeached.
00:26:27.360And being seen, being too partisan, too aggressive, using impeachment, that's a problem.
00:26:33.220And so when it came to Obama, look, Obama, on the abuse of power theory that we've heard from the House managers, Obama abused his power in many respects.
00:26:41.980And yet all of us agreed we shouldn't be impeaching Obama.
00:26:45.680We should beat him at the ballot box, which we tried to do.
00:26:48.160But impeachment wasn't the right tool.
00:26:50.040if if Republicans hadn't gotten burned so bad on the Clinton impeachment. Right. There would
00:26:55.800have been some loud voices to impeach Obama. But as it was, people said, let's not go down that
00:27:00.540road. So if you want to stop partisan impeachments going forward the best way. And Lindsay, you're
00:27:05.960right. I hadn't thought about it and connected it like this. The best way to stop it is is for
00:27:10.700Democrats to get walloped in November, because then the next Democrats will say, OK, wow, this
00:27:16.800this impeaching business and by the way the republicans will too well you know we still
00:27:21.600remember okay lamar asked a question what's the partisan difference between nixon clinton and
00:27:28.100trump uh a lot a little none a lot of bipartisanship for nixon yeah that's the kind of
00:27:36.380thing the founders had in mind yeah you know this is a constitutional death penalty for a politician
00:35:28.940If Trump goes to a Russian restaurant to have dinner, he's a Russian.0.53
00:35:33.740And you can have $3 million paid to your son in the Ukraine and nobody cares.0.71
00:35:39.200Now, if President Trump gets acquitted, you're saying the Senate Republicans are not going to give up on this.
00:35:43.940What can be done to get to the bottom of?
00:35:46.980Jim Rich is chairman of the Foreign Relations Committee.
00:35:49.360The first witness I want to call is John Kerry's chief of staff.
00:35:52.540When you were told that there was a conflict of interest by John Kerry's stepson, who was their business partner, why didn't you do something about it?
00:36:00.220And last I checked, both you and I are on foreign relations.
00:36:02.980Last time I checked, we're on judiciary and we're on foreign relations.
00:36:07.480This is the beginning of a day of reckoning.
00:36:11.000this is not not the beginning of the end maybe the end of the beginning we're moving on
00:36:15.040is the end of the podcast and it's the end of the one thing i want to know before we let you get out
00:36:20.660of here and hop onto a plane one last thing is i noticed it's much earlier tonight usually we're
00:36:26.100here at two o'clock in the morning it's only 11 o'clock at night why is it that mitch mcconnell
00:36:32.040that all these senators are letting people get out of here so early was there some uh i think
00:36:37.020If the Democrats wanted to go to Iowa, that they were jumping to go to Iowa.
00:36:43.540Did you talk to any of your colleagues?