00:03:52.220It is that he has decided to utterly and completely defy federal law, to ignore, to violate federal law,
00:03:59.920and to release millions and millions of illegal immigrants, including murderers, including child molesters, including rapists.
00:04:06.140And by the way, the illegal immigrants that he is releasing and that Joe Biden is releasing have gone on to murder people, to rape people, to assault people, to commit horrific crimes.
00:04:18.480In this instance, the volume of it, Mayorkas, it's not that he's trying to secure the border and is just lousy at his job.
00:04:26.500It is that he is actively trying to accelerate illegal immigration, to assist the cartels and the human traffickers, to process illegal immigrants faster.
00:04:41.100Mayorkas views his mission as growing 10.4 million illegal immigrants into 20 million, to 30 million, into 40 million.
00:04:48.600And that is profoundly harmful to this country.
00:04:52.320It is in complete defiance of federal law.
00:05:25.260And I want people to listen carefully.
00:05:27.280He says that impeachment should never be used to settle policy disagreements.
00:05:32.840Now, the big takeaway, and I want your take on this, is he's admitting, I think, for the first time publicly, this is the policy of the Democratic Party to have wide open borders, to have terrorists come in, to have cartel members controlling the border, making billions of dollars.
00:05:50.560And the human trafficking, the sex trafficking, and the fentanyl and everything.
00:05:54.560This is a, quote, policy disagreement.
00:06:04.200Your colleagues say you're going to offer a motion to dismiss the impeachment charges on Thursday.
00:06:09.340Are you at all concerned that some Democrats and tough races vote for that and come back to the campaign trail?
00:06:14.700Look, we're going to try and resolve this issue as quickly as possible.
00:06:19.240Impeachment should never be used to settle policy disagreements.
00:06:23.940Senator Schumer, does that mean that this is going to, there might be a debate about some sort of a framework for us, at least hear from the managers?
00:07:36.120The Democrat Party as a collective have decided that open borders, that facilitating the invasion of this country is good for them politically.
00:07:43.920They look at the 10.4 million illegals and they say, hey, they're going to vote Democrat.
00:07:48.320Some of them will vote illegally right now, and they're hoping as many of them as possible vote illegally right now.
00:07:53.020But the rest of them, they believe, well, we'll take power at some point and we'll grant amnesty to all of them.
00:07:58.100We'll give voting rights to all of them.
00:07:59.580And given that we allowed them to come illegally, they're going to vote Democrat.
00:08:03.040That is their cynical power calculation.
00:08:06.740Now, it was clear Schumer had two sentences written down that he repeated over and over again.
00:08:13.060We're going to resolve this as quickly as possible.
00:08:15.260Impeachment should not be used for policy disputes.
00:08:17.540As you note, he's conceding that it is the Democrats' policy to have open borders and to allow this invasion and allow criminals and terrorists to come into this country and threaten Americans.
00:08:28.920But I want to focus on the other sentence he had, 50 percent of his comment, was we're going to resolve this as quickly as possible.
00:08:35.900And I want to put this in the context of history, because under the Constitution, the House has the sole power of impeachment to bring an impeachment proceeding to vote out articles of impeachment.
00:08:48.300And the Senate has the sole power to try impeachments and the responsibility to try impeachments.
00:08:55.680Now, in our entire nation's history, over 200 years, 21 times, it's been quite rare, the House of Representatives has voted out articles of impeachment, 21 times.
00:09:08.200Alejandro Mayorkas is only the second cabinet secretary in history to be impeached.
00:09:14.080The first was in 1876, the Secretary of War.
00:09:17.260It has been 148 years since a cabinet secretary was impeached.
00:09:20.840So impeaching a cabinet secretary is a big damn deal.
00:09:24.620Now, the 21 times that the House has sent articles of impeachment over to the Senate, what has happened?
00:09:32.140Well, in three of them, the person who was impeached left office, was no longer in office, and so the matter was moot.
00:09:38.960Once they were out of office, impeachment removes people from office, so there was nothing further to do.
00:09:43.900So the Senate did not resolve the ones once the individual had left office.
00:09:47.720In one of them, the very first one ever, William Blount, who was a senator at the time,
00:09:52.420the Senate dismissed for lack of jurisdiction.
00:09:56.300And what they concluded correctly is that under the Constitution, you cannot impeach a senator,
00:10:02.140that the Constitution sets up impeachment as a remedy against executive branch officials like the president, like Alejandro Mayorkas.
00:10:10.520And it sets up impeachment as a remedy against judicial officials, and numerous judges have been impeached and removed from office over our nation's history.
00:10:19.440But the Senate concluded in the very first impeachment ever that it does not apply to a member of Congress,
00:10:24.340that under the terms of the Constitution, members of Congress are not covered by the impeachment power,
00:10:28.400but rather the body's sole and exclusive power to expel its members.
00:10:33.740So of the 21 times the House has sent articles of impeachment over, four of them were not adjudicated because the officeholder had left or there was no jurisdiction.
00:10:46.080The other 17, every single time, 100% of the time, the Senate held a trial, the Senate made an adjudication,
00:10:58.020and the Senate, every senator voted guilty or not guilty.
00:11:00.800Now, let me tell you what Chuck Schumer is planning to do.
00:11:04.580Chuck Schumer is planning to, at the very outset, file a motion to table the articles of impeachment.
00:11:12.800Now, this is an extraordinary act, and this does enormous damage to the Constitution and to the United States Senate.
00:11:19.980There's never been a motion to table articles of impeachment over 200 years of our nation's history.
00:12:16.960Let me ask you this, because it's such an important point that you're making, and I want to make sure that everybody understands it.
00:12:22.460You're saying that a trial is such bad PR for Democrats running for re-election that they're afraid that the questioning could get so brutal and so out of hand that those moments where they would, in theory, be defending Mayorkas could be used against them in their campaigns and TV ads and commercials and things like that.
00:12:41.760They don't want any of that video or audio even available for people that might be able to just say, see, look at Senator so-and-so.
00:12:49.340He's in favor of wide-open borders and the chaos in your communities right now, and here he is defending it.
00:12:54.900Well, look, that's the third reason that he wants a motion to table, is he doesn't want the Democrats who are running for re-election this year to have to vote guilty or not guilty.
00:13:05.200He doesn't want John Tester in Montana to stand up and say not guilty.
00:13:09.660He doesn't want Sherrod Brown in Ohio to stand up and say not guilty.
00:13:13.280He doesn't want Bob Casey in Pennsylvania to stand up and say not guilty.
00:13:16.760He doesn't want Tammy Baldwin in Wisconsin to stand up and say not guilty.
00:13:20.240He doesn't want Jackie Rosen in Nevada to stand up and say not guilty.
00:13:27.000So he's trying to avoid their having to make any adjudication on the merits.
00:13:34.060Why is the House presenting their evidence so damaging?
00:13:37.340Understand, the Democrats have no response to the arguments about the border.
00:13:42.980In the Judiciary Committee, all the time, I lay out the facts.
00:13:46.420The 853 migrants who died last year crossing illegally.
00:13:50.200That's almost three a day that Texas farmers and ranchers are finding on their farms and ranches of dead people, of elderly people, of pregnant women, of little children and toddlers abandoned to die.
00:14:03.620They can't defend the little boys and little girls that are violently sexually assaulted by human traffickers every day over and over and over again.
00:14:14.340They cannot defend the women who are violently raped over and over and over again by human traffickers.
00:14:21.120They cannot defend the thousands and thousands of teenage girls sold into sex slavery.
00:14:27.320They cannot defend the over 100,000 Americans who died of drug overdoses last year, 70 percent of which was from Chinese fentanyl flooding across our southern border.
00:14:36.520When I lay out these facts, and I have hundreds of times in the Judiciary Committee, understand, Ben, no Democrat argues with me.
00:14:46.480It's not like Dick Durbin leans forward and goes, well, you know, Cruz has it wrong, and here's the Democrat spin.
00:14:52.940Here's why our open borders are a great idea.
00:15:00.900I remember just when you showed those bracelets, the bracelets that are used and remind people quickly of the bracelets, but no one refuted it.
00:15:11.160No one acted like what you were saying wasn't the gospel truth with the bracelets at the border.
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00:19:07.360Senator, let's talk about the confidence of Chuck Schumer.
00:19:10.440Schumer, in that clip that we played, he seemed pretty confident and said it over again, I think twice, that this is going to be something that we're looking for a resolution quickly, maybe in a day.
00:19:22.780As the reporter yelled back at him, he didn't seem to push back on that at all.
00:19:26.740So what is their game plan to basically make all this go away, and how do we stop it?
00:19:32.900And that seems to be your core goal here, is to make sure that doesn't happen.
00:19:38.340Schumer wants it incredibly quick, incredibly silent.
00:19:41.260He doesn't want Senate Democrats on record.
00:19:43.620He doesn't want any of the facts revealed to the American people.
00:19:46.440So originally, the plan was that the House had announced they were going to transmit the articles of impeachment Wednesday night.
00:19:53.740You and I are recording this right now.
00:20:51.420And he knew they would want to get out of here.
00:20:52.900So this morning, Tuesday morning, I started the morning by sitting down in a meeting with Mitch McConnell and with Republican leadership and with Mike Lee and John Kennedy and meeting with leadership about how we can fight what Schumer is doing here.
00:21:11.900And a point that I raised in that meeting this morning, I said it is really damn stupid for us to do this Thursday afternoon.
00:21:21.180It facilitates Schumer's goal of making this quick.
00:21:24.780And what I suggested at the meeting this morning is I said it would make a lot more sense for the House to transmit the articles of impeachment next week, next Monday.
00:21:33.560If they transmit it Monday, if they transmit it Monday, the Senate takes it up Tuesday.
00:21:37.980Tuesday is a much better time to take it up because it means the Senate, we have the entire week to put this issue before the American people.
00:21:44.880And we're not doing it at a time when senators, both Democrats and Republicans, are eager to get out of town.
00:21:50.700The phrase is jet fumes are in the air.
00:21:52.900Like Thursday afternoon is when leadership tries to ram things through quickly because everyone wants to leave.
00:21:57.900And by the way, side note, what's happening also this weekend, which every person in America that loves sports is going to be paying attention to as well, that starts on Thursday.
00:22:44.860And the reason we wanted it to come early next week is so that we could focus early on the week when we could get real attention and focus on it.
00:22:52.740Now, I want to pause and have you reflect a little bit on why this motion to table is so consequential.
00:23:02.740If Schumer succeeds, if every Democrat votes for it, and right now Schumer seems supremely confident that every Democrat will vote for it.
00:23:11.600What that means, number one, is that every Democrat is now on record supporting Joe Biden's open borders, that they're perfectly fine with what Alejandro Mayorkas has done.
00:23:23.020But number two, understand that they will have participated in changing the U.S. Senate.
00:23:30.080And so today I participated in a press conference with a number of Republican senators where we talked about the significance of this moment.
00:23:38.560And it is in many ways very similar to 2013.
00:23:43.060In 2013, Harry Reid, the Democrat, was the Senate majority leader.
00:23:47.860And it is when Harry Reid nuked the filibuster for judicial appointments and for cabinet appointments.
00:23:55.300And nuking the filibuster, what that meant is that Harry Reid broke the Senate rules in order to change the Senate rules.
00:24:01.100It used to be the case that you needed 60 votes to move forward on judges, to move forward on executive branch nominees.
00:24:09.020And what Harry Reid did is he used what was called the nuclear option, which is that he got a ruling from the chair on the floor that it takes 60 votes to proceed to a nomination.
00:24:23.620And then he moved to overturn the ruling of the chair under the Senate rules.
00:24:28.680Any ruling of the chair can be overturned and you can overturn the ruling of the chair with with just 51 votes.
00:24:34.640And so what happened was Harry Reid got the Democrats to overturn the ruling of the chair.
00:24:39.360And once you do that, you change the precedence and that new ruling is binding.
00:24:45.120The effect of that is since 2013, nominations have only required 51 votes instead of 60 votes.
00:24:52.200Well, that night that Reid was nuking the filibuster for nominations, the filibuster still exists for legislation, but Reid nuked it for nominations.
00:25:04.360I talked to Amy Klobuchar on the Senate floor and I told Amy that that that day, I said, you are going to regret this decision.
00:25:13.340All of the Democrats are going to regret this decision.
00:25:15.900And the consequence of this decision is we are going to see more justices like Antonin Scalia and Clarence Thomas on the courts.
00:25:24.480And there is an irony that the direct result of Harry Reid nuking the filibuster is Roe versus Wade being overturned.
00:25:33.900If Harry Reid had not nuked the filibuster, there's no way on earth that the Senate would have confirmed Brett Kavanaugh or probably not Amy Coney Barrett and maybe not even Neil Gorsuch.
00:25:44.180That if we required 60 votes, Roe versus Wade would still be the law of the land, but for the Senate Democrats nuking the filibuster in 2013.
00:25:54.680And I told them that, a number of us told them that, in 2013.
00:25:59.140Now, what Chuck Schumer is planning to do next week is every bit as big a deal as nuking the filibuster.
00:26:07.180And in many ways, it's more significant.
00:26:47.220So what the Senate Democrats are planning to do next week is nuke the impeachment clause of the Constitution, destroy the Senate's responsibility, give away the Senate's power.
00:26:58.560And you want to know the consequences?
00:27:00.760Listen, we've got an election in November.
00:27:02.960I think there's a very good chance Donald Trump will be elected president.
00:27:06.300And it is entirely possible that Trump will be elected president.
00:28:00.900Mitch McConnell was the majority leader.
00:28:02.320We could have tried to do what Chuck Schumer is getting ready to do.
00:28:06.700We could have just tried to table it at the outset, but we didn't because Senate Republicans actually took our constitutional obligations seriously.
00:28:18.920That's actually the proper constitutional way.
00:28:21.820What Chuck Schumer is willing to do to protect Democrat senators from accountability for the disaster at our southern border of their policies, what he now calls a policy dispute, is break the Senate and nuke the impeachment clause of the Constitution.
00:28:40.060That's a big deal, and it's a deal that will have consequences 10 years, 50 years, 100 years from now.
00:28:47.740If Schumer does this next week, you will never again see an impeachment trial when the Senate is the same party as the president.
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00:29:27.780So if he does this, will there be any backlash, you think, come November, or is this such inside baseball that it just says they say, okay, so what?
00:29:43.780Well, look, the institutional change of the Senate, I don't think that's going to be a big voting issue.
00:29:50.040I do think the border and the chaos and the suffering and the death that is coming from Joe Biden and the Democrats' open border, I think that is going to be probably the single most important issue in November.
00:30:03.900And so it is critically important we do everything we can to, number one, increase the price for Schumer breaking the Senate, destroying the institutions of democracy.
00:30:15.740You know, there's an irony, Democrats love to beat their chest and talk about how they want to save democracy, and yet this is an assault on democracy.
00:30:25.720This is an assault on the Constitution and the institution that is the Senate, just like the Democrats' assault on the filibuster back in 2013.
00:30:34.200The Democrats have systematically been tearing down our institutions.
00:30:38.520But what I think is going to resonate, so listen, when we move to the impeachment trial, hopefully early next week, a number of us intend to raise points of order.
00:30:48.640I intend to raise probably multiple points of order, challenging what the Democrats are doing.
00:30:54.900And let me be clear what's supposed to happen.
00:30:57.400So here's what should happen next week.
00:30:59.360There are one of two things that can happen.
00:31:00.760Number one, the Senate, the full Senate, could adopt an organizing resolution and move to holding an impeachment trial on the floor of the Senate.
00:31:14.100Now, when the president is impeached, the chief justice of the United States presides over the impeachment trial, and it occurs on the floor of the Senate.
00:31:24.480You'll recall that's what happened with both of Trump's impeachments.
00:31:27.420That's what happened with Bill Clinton's impeachment.
00:31:30.760And so Mike Lee has filed an organizing resolution that I've co-authored that would set up a trial using exactly the same rules that the Democrats put in place that we followed for Donald Trump's impeachment.
00:31:46.480Actually, the first one, the Republicans put in place.
00:31:49.400The second one, the Democrats had a majority they put in place for Trump's second impeachment.
00:31:54.220And by the way, the second impeachment of Trump, the chief justice did not preside because Trump was no longer president.
00:31:59.520So Pat Leahy, the president pro tem presided because the chief justice only presides when it is the sitting president who's being impeached.
00:32:09.920Frankly, if we had a Republican majority, that's the way we would proceed is we would have a trial on the floor of the Senate to put the facts before the American people.
00:32:17.580There is another way that Schumer and the Democrats could proceed consistent with the Constitution and consistent with the law, which is the Senate could appoint an impeachment committee, a committee with an equal number of members, an equal number of Democrats and Republicans.
00:32:33.580And the committee would conduct the impeachment trial.
00:33:32.520I expect and I think there are a number of Republicans who are going to raise points of orders, try to make motions to highlight the enormous harms caused by the open borders.
00:33:42.180And what I'm anticipating is every Democrat voting party line over and over and over again against every motion and every point of order we raise.
00:33:52.140And it's what Chuck Schumer told us because this is a policy dispute.
00:33:54.900And the policy of the Democrats is they are for open borders, no matter how many people are killed, no matter how many children are violated, no matter how many women are sexually assaulted.
00:34:06.060They're for open borders, no matter how many terrorists come into this country and how much death and destruction results.
00:34:12.760And I think next week we're going to see that vividly before the American people.
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00:36:12.360Senator, one last question I want to ask you about this issue.
00:36:15.400And it's an important one and that is, okay, so in the next four or five days, what do listeners of verdict need to do and who do they need to be calling?
00:36:25.140Or is this a, hey, go and call into local talk radio shows and explain why this is important and what Republicans should do?