Verdict with Ted Cruz - April 10, 2024


Schumer's Plan to Nuke the Constitution to Avoid Mayorkas Impeachment & Hide Dem's Open Borders Catastrophe


Episode Stats


Length

39 minutes

Words per minute

175.33305

Word count

6,936

Sentence count

497

Harmful content

Misogyny

3

sentences flagged

Toxicity

8

sentences flagged

Hate speech

3

sentences flagged


Summary

Summaries generated with gmurro/bart-large-finetuned-filtered-spotify-podcast-summ .

Ted Cruz and Ben Fergus Ferguson join me to discuss the ongoing fight in the Senate against the Articles of Impeachment of Joe Biden's chief of staff, Alejandro Mayorkas, and why he should be impeached.

Transcript

Transcript generated with Whisper (turbo).
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hate speech classifications generated with facebook/roberta-hate-speech-dynabench-r4-target .
00:00:00.000 This is an iHeart Podcast.
00:00:02.580 Guaranteed human.
00:00:08.320 Welcome. It is Verdict with Senator Ted Cruz, Ben Ferguson with you.
00:00:12.500 And Senator, it is going to be a very big fight in the Senate with my Orcus impeachment.
00:00:18.500 And it's something you're going to be leading this fight for the next couple of weeks
00:00:22.080 as Democrats hope that they can just make all this go away.
00:00:25.640 Well, that's exactly right.
00:00:27.020 We're days away from the House transmitting to the Senate the articles of impeachment
00:00:30.860 against Alejandro Mayorkas.
00:00:32.440 This was absolutely the right thing for the House to do.
00:00:35.040 And the Senate, under Chuck Schumer, the Democrats are trying to do something utterly unprecedented.
00:00:41.080 They're trying to blow up and destroy the Senate's impeachment power and responsibility.
00:00:46.800 They want to avoid a trial altogether.
00:00:48.500 They want to just table the matter at the outset.
00:00:50.380 That has never been done in over 200 years of our nation's history.
00:00:54.080 It violates the Constitution.
00:00:55.460 It is brazen.
00:00:57.140 We're going to talk about that at length.
00:00:59.620 Yeah, it's truly incredible.
00:01:01.180 And especially what their demands are on the Senate.
00:01:03.680 We'll get to that part.
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00:02:51.560 Senator, let's go back in time and lay out what you said.
00:02:55.980 I mean, it was months, if not a year ago.
00:02:58.820 You've been calling for the impeachment of Mayorkas and giving the reasons why.
00:03:03.980 Let's go back and start there.
00:03:06.680 Why did you say that Mayorkas should have been impeached?
00:03:09.440 He was in the House.
00:03:10.800 And lay out that argument first and foremost so people remember all of the issues here.
00:03:16.620 Well, it's been longer than a year.
00:03:18.680 It's been closer to two years that I've been calling for the House to impeach Alejandro Mayorkas.
00:03:22.600 What Mayorkas has done on behalf of Joe Biden is utterly unprecedented.
00:03:28.960 He has aided and embedded the criminal invasion of this country by 10.4 million illegal immigrants. 1.00
00:03:36.360 The volume of it is qualitatively different than anything we've ever seen before in our nation's history.
00:03:42.340 It's the highest level of illegal immigration.
00:03:43.940 And understand, it's not that Alejandro Mayorkas is incompetent.
00:03:49.260 It's not that he's negligent.
00:03:50.440 It's not that he's bad at his job.
00:03:52.220 It is that he has decided to utterly and completely defy federal law, to ignore, to violate federal law,
00:03:59.920 and to release millions and millions of illegal immigrants, including murderers, including child molesters, including rapists. 0.97
00:04:06.140 And 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. 0.99
00:04:15.620 And that was utterly predictable. 0.97
00:04:18.480 In 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.
00:04:26.500 It is that he is actively trying to accelerate illegal immigration, to assist the cartels and the human traffickers, to process illegal immigrants faster.
00:04:41.100 Mayorkas views his mission as growing 10.4 million illegal immigrants into 20 million, to 30 million, into 40 million.
00:04:48.600 And that is profoundly harmful to this country.
00:04:52.320 It is in complete defiance of federal law.
00:04:54.460 It's why the House impeached him.
00:04:57.180 And now they are preparing to send the articles of impeachment over to the Senate and under the Constitution.
00:05:02.360 That triggers the Senate's responsibility to conduct a trial and adjudicate whether he is guilty or not guilty.
00:05:10.860 If you look at the media, what they're saying right now is, well, there may be a deal here to make all this go away.
00:05:18.220 And there was a shocking statement that was put out by Chuck Schumer, Senate Majority Leader.
00:05:22.820 And this is what he said.
00:05:25.260 And I want people to listen carefully.
00:05:27.280 He says that impeachment should never be used to settle policy disagreements.
00:05:32.840 Now, 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.
00:05:50.560 And the human trafficking, the sex trafficking, and the fentanyl and everything.
00:05:54.560 This is a, quote, policy disagreement.
00:05:57.900 They're admitting it.
00:05:58.800 Listen.
00:06:00.340 I'll give my colleagues questions.
00:06:01.800 Senator Schumer, can you react?
00:06:03.160 Yes.
00:06:04.200 Your colleagues say you're going to offer a motion to dismiss the impeachment charges on Thursday.
00:06:09.340 Are you at all concerned that some Democrats and tough races vote for that and come back to the campaign trail?
00:06:14.700 Look, we're going to try and resolve this issue as quickly as possible.
00:06:19.240 Impeachment should never be used to settle policy disagreements.
00:06:23.940 Senator 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?
00:06:31.140 What do you think is exciting?
00:06:31.980 As I said, we're going to try to resolve this as quickly as possible.
00:06:36.840 As I said in the past, it's absurd, and there are no charges in the House complaint that rise to the level of impeachment.
00:06:46.800 Senator Schumer, does that mean dismissing it or tabling it?
00:06:50.200 As I said, we're going to move forward and resolve this as quickly as possible.
00:06:56.520 Once again, impeachment should never be used to settle policy disagreements.
00:07:01.120 Yes, go ahead.
00:07:02.900 Senator, he looked down at his notes.
00:07:05.840 That was a preplanned line written out on paper, clearly.
00:07:09.400 Impeachment should never be used to settle policy disagreements.
00:07:12.540 Said it there three times.
00:07:13.960 You listen to him say that, and I was just taken aback.
00:07:17.520 I'm like, well, at least finally they're admitting it.
00:07:19.300 This is our policy at open border and to fundamentally change this country with lawlessness.
00:07:25.180 Yes.
00:07:26.260 Look, the open borders of Joe Biden, it's not just Joe Biden.
00:07:29.600 It's Joe Biden.
00:07:30.860 It's Kamala Harris.
00:07:31.940 It's every Senate Democrat.
00:07:33.400 It's every House Democrat.
00:07:36.120 The Democrat Party as a collective have decided that open borders, that facilitating the invasion of this country is good for them politically.
00:07:43.920 They look at the 10.4 million illegals and they say, hey, they're going to vote Democrat.
00:07:47.580 There are people.
00:07:48.320 Some of them will vote illegally right now, and they're hoping as many of them as possible vote illegally right now.
00:07:53.020 But the rest of them, they believe, well, we'll take power at some point and we'll grant amnesty to all of them.
00:07:58.100 We'll give voting rights to all of them.
00:07:59.580 And given that we allowed them to come illegally, they're going to vote Democrat.
00:08:03.040 That is their cynical power calculation.
00:08:06.740 Now, it was clear Schumer had two sentences written down that he repeated over and over again.
00:08:13.060 We're going to resolve this as quickly as possible.
00:08:15.260 Impeachment should not be used for policy disputes.
00:08:17.540 As 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.
00:08:27.920 He's conceding that.
00:08:28.920 But 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.
00:08:35.900 And 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.
00:08:48.300 And the Senate has the sole power to try impeachments and the responsibility to try impeachments.
00:08:55.680 Now, 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.
00:09:08.200 Alejandro Mayorkas is only the second cabinet secretary in history to be impeached.
00:09:14.080 The first was in 1876, the Secretary of War.
00:09:17.260 It has been 148 years since a cabinet secretary was impeached. 0.90
00:09:20.840 So impeaching a cabinet secretary is a big damn deal.
00:09:24.620 Now, the 21 times that the House has sent articles of impeachment over to the Senate, what has happened?
00:09:32.140 Well, in three of them, the person who was impeached left office, was no longer in office, and so the matter was moot.
00:09:38.960 Once they were out of office, impeachment removes people from office, so there was nothing further to do.
00:09:43.900 So the Senate did not resolve the ones once the individual had left office.
00:09:47.720 In one of them, the very first one ever, William Blount, who was a senator at the time,
00:09:52.420 the Senate dismissed for lack of jurisdiction.
00:09:56.300 And what they concluded correctly is that under the Constitution, you cannot impeach a senator,
00:10:02.140 that the Constitution sets up impeachment as a remedy against executive branch officials like the president, like Alejandro Mayorkas.
00:10:10.520 And 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.
00:10:19.440 But the Senate concluded in the very first impeachment ever that it does not apply to a member of Congress,
00:10:24.340 that under the terms of the Constitution, members of Congress are not covered by the impeachment power,
00:10:28.400 but rather the body's sole and exclusive power to expel its members.
00:10:33.740 So 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.
00:10:46.080 The other 17, every single time, 100% of the time, the Senate held a trial, the Senate made an adjudication,
00:10:58.020 and the Senate, every senator voted guilty or not guilty.
00:11:00.800 Now, let me tell you what Chuck Schumer is planning to do.
00:11:04.580 Chuck Schumer is planning to, at the very outset, file a motion to table the articles of impeachment.
00:11:12.800 Now, this is an extraordinary act, and this does enormous damage to the Constitution and to the United States Senate.
00:11:19.980 There's never been a motion to table articles of impeachment over 200 years of our nation's history.
00:11:25.060 It's never happened once.
00:11:26.580 Chuck Schumer is getting ready to do it.
00:11:28.640 Why is he doing it?
00:11:29.820 And this is important to understand.
00:11:32.280 There are three reasons Schumer is planning to file a motion to table the articles of impeachment.
00:11:37.320 Reason number one, he wants to prevent the House managers from presenting evidence.
00:11:44.280 The House managers, in an impeachment trial, they come over, they present evidence,
00:11:48.160 they lay out the facts that support the impeachment.
00:11:51.260 Chuck Schumer desperately, desperately, desperately wants to avoid that evidence being put before the American people.
00:11:57.380 The second reason he plans to file a motion to table is he wants to avoid a trial.
00:12:04.640 A trial terrifies him.
00:12:06.320 Why?
00:12:06.960 Because what's happening at the border is an absolute travesty.
00:12:09.760 It is a disaster.
00:12:10.680 It is indefensible.
00:12:11.760 No Democrat defends it.
00:12:14.460 They don't dispute that it's human.
00:12:16.960 Let 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.
00:12:22.460 You'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.
00:12:41.760 They 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.
00:12:49.340 He's in favor of wide-open borders and the chaos in your communities right now, and here he is defending it.
00:12:54.900 Well, 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.
00:13:05.200 He doesn't want John Tester in Montana to stand up and say not guilty.
00:13:09.660 He doesn't want Sherrod Brown in Ohio to stand up and say not guilty.
00:13:13.280 He doesn't want Bob Casey in Pennsylvania to stand up and say not guilty.
00:13:16.760 He doesn't want Tammy Baldwin in Wisconsin to stand up and say not guilty.
00:13:20.240 He doesn't want Jackie Rosen in Nevada to stand up and say not guilty.
00:13:27.000 So he's trying to avoid their having to make any adjudication on the merits.
00:13:31.420 But why is a trial so damaging?
00:13:34.060 Why is the House presenting their evidence so damaging?
00:13:37.340 Understand, the Democrats have no response to the arguments about the border.
00:13:42.980 In the Judiciary Committee, all the time, I lay out the facts.
00:13:46.420 The 853 migrants who died last year crossing illegally.
00:13:50.200 That'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.
00:14:02.440 They can't defend that.
00:14:03.620 They 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.
00:14:14.340 They cannot defend the women who are violently raped over and over and over again by human traffickers.
00:14:21.120 They cannot defend the thousands and thousands of teenage girls sold into sex slavery.
00:14:27.320 They 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.
00:14:36.520 When I lay out these facts, and I have hundreds of times in the Judiciary Committee, understand, Ben, no Democrat argues with me.
00:14:46.480 It's not like Dick Durbin leans forward and goes, well, you know, Cruz has it wrong, and here's the Democrat spin.
00:14:52.940 Here's why our open borders are a great idea.
00:14:56.600 They don't have a defense.
00:14:58.280 They don't argue.
00:14:59.200 They don't dispute a word I said.
00:15:00.900 I remember just when you showed those bracelets, the bracelets that are used and remind people quickly of the bracelets, but no one refuted it.
00:15:11.160 No one acted like what you were saying wasn't the gospel truth with the bracelets at the border.
00:15:15.680 Right.
00:15:16.220 Look, on a lot of issues.
00:15:18.480 All right, taxes.
00:15:19.620 Should taxes go up or down?
00:15:21.560 Republicans argue we should cut taxes.
00:15:23.480 That'll produce jobs. 0.97
00:15:24.520 It'll help small businesses.
00:15:25.860 It will help working families.
00:15:26.980 We have an argument.
00:15:27.980 The Democrats have an argument on the other side.
00:15:29.560 They say, no, no, no, we want high taxes, high taxes for the rich.
00:15:32.740 By the way, they always say high taxes for the rich.
00:15:34.540 The taxes ended up end up slamming the middle class.
00:15:36.920 But they have an argument like we go back and forth.
00:15:39.740 They have their left wing talking points. 0.89
00:15:41.780 We have what we say and they go back and forth.
00:15:44.980 What is fascinating and what is incredibly compelling on this issue, there are no Democrat talking points.
00:15:55.000 They don't have an alternative point of view.
00:15:58.880 When I lay out the facts, when others lay out the facts, they sit there silently.
00:16:02.960 And why do they do that?
00:16:03.840 They do that because they know the corporate media is corrupt.
00:16:07.120 They know CNN won't cover what I'm saying.
00:16:09.240 They know ABC won't cover what I'm saying.
00:16:10.840 They know NBC won't cover what I'm saying.
00:16:12.580 They know CBS won't cover what I'm saying.
00:16:14.200 They especially know MSNBC won't cover what I'm saying.
00:16:17.340 In fact, they may do the day in life of a drug lord as bad as MSNBC is.
00:16:22.560 And so their whole strategy is hide the actual facts from the American people.
00:16:31.420 Listen, when I'm in South Texas, do you know that nobody defends this?
00:16:36.000 There are elected Democrats in South Texas.
00:16:38.080 I've never seen an elected Democrat in South Texas say, hey, what Joe Biden's doing at the border is awesome.
00:16:43.080 It's just great.
00:16:43.840 It's something.
00:16:45.120 So when Chuck Schumer says policy disputes, okay, what's your policy?
00:16:49.100 Defend it.
00:16:49.600 They don't want to.
00:16:51.160 Their whole strategy is hide, hide, hide.
00:16:55.220 Count on the media to hide because they're hoping the American people don't realize what they're doing.
00:17:01.880 That's why Schumer wants to dismiss it.
00:17:04.120 A trial terrifies him.
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00:19:07.360 Senator, let's talk about the confidence of Chuck Schumer.
00:19:10.440 Schumer, 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.
00:19:22.780 As the reporter yelled back at him, he didn't seem to push back on that at all.
00:19:26.740 So what is their game plan to basically make all this go away, and how do we stop it?
00:19:32.900 And that seems to be your core goal here, is to make sure that doesn't happen.
00:19:38.340 Schumer wants it incredibly quick, incredibly silent.
00:19:41.260 He doesn't want Senate Democrats on record.
00:19:43.620 He doesn't want any of the facts revealed to the American people.
00:19:46.440 So originally, the plan was that the House had announced they were going to transmit the articles of impeachment Wednesday night.
00:19:53.740 You and I are recording this right now.
00:19:55.340 It is 11.51 p.m. Tuesday night.
00:19:57.820 The plan from the House was it was going to come over Wednesday night.
00:20:02.580 Now, the consequence of that means that the Senate would have convened as an impeachment trial Thursday at 1 p.m.
00:20:11.880 So when articles of impeachment come to the Senate, there's actually a separate set of rules for impeachment.
00:20:17.220 They're totally different from the legislative rules.
00:20:19.780 And it's mandatory that the Senate immediately moves into impeachment when articles of impeachment come over.
00:20:24.560 Look, it's only come over 21 times in our whole nation's history.
00:20:28.100 It is an unusual moment.
00:20:30.600 The problem with the Senate starting this Thursday at 1 p.m.
00:20:36.220 is typically senators go home Thursday afternoon, get on a plane, and fly back to their states.
00:20:42.580 Schumer wanted to do all of this Thursday afternoon because he knew senators would be anxious to leave to get back to their states.
00:20:48.240 They have events scheduled in their state.
00:20:50.120 They're traveling around their state.
00:20:51.420 And he knew they would want to get out of here.
00:20:52.900 So 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. 0.92
00:21:11.900 And a point that I raised in that meeting this morning, I said it is really damn stupid for us to do this Thursday afternoon.
00:21:21.180 It facilitates Schumer's goal of making this quick.
00:21:24.780 And 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.
00:21:33.560 If they transmit it Monday, if they transmit it Monday, the Senate takes it up Tuesday.
00:21:37.980 Tuesday 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.
00:21:44.880 And we're not doing it at a time when senators, both Democrats and Republicans, are eager to get out of town.
00:21:50.700 The phrase is jet fumes are in the air.
00:21:52.900 Like Thursday afternoon is when leadership tries to ram things through quickly because everyone wants to leave.
00:21:57.900 And 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.
00:22:07.500 The Masters.
00:22:08.520 So for Democrats, it would be even a better time to do it on Thursday.
00:22:12.180 So a bit of good news.
00:22:14.160 I raised this morning at the meeting, I said this doesn't make any sense.
00:22:18.100 Everyone who was meeting with us agreed.
00:22:21.260 And so I texted the Speaker of the House, Mike Johnson.
00:22:24.040 Mike Lee texted the Speaker of the House.
00:22:25.700 John Kennedy texted the Speaker of the House.
00:22:29.120 And the Speaker, to his credit, he's a great guy, he's a great friend.
00:22:32.600 The Speaker said, OK, great, happy to do it.
00:22:35.040 And so he announced this afternoon that they were going to delay sending the articles of impeachment until early next week.
00:22:41.400 And so we asked him to do that.
00:22:42.900 He did that at our request.
00:22:44.860 And 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.
00:22:51.780 So that was a good step.
00:22:52.740 Now, I want to pause and have you reflect a little bit on why this motion to table is so consequential.
00:23:02.740 If Schumer succeeds, if every Democrat votes for it, and right now Schumer seems supremely confident that every Democrat will vote for it.
00:23:11.600 What 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.
00:23:23.020 But number two, understand that they will have participated in changing the U.S. Senate.
00:23:30.080 And so today I participated in a press conference with a number of Republican senators where we talked about the significance of this moment.
00:23:38.560 And it is in many ways very similar to 2013.
00:23:43.060 In 2013, Harry Reid, the Democrat, was the Senate majority leader.
00:23:47.860 And it is when Harry Reid nuked the filibuster for judicial appointments and for cabinet appointments.
00:23:55.300 And nuking the filibuster, what that meant is that Harry Reid broke the Senate rules in order to change the Senate rules.
00:24:01.100 It used to be the case that you needed 60 votes to move forward on judges, to move forward on executive branch nominees.
00:24:09.020 And 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.
00:24:23.620 And then he moved to overturn the ruling of the chair under the Senate rules.
00:24:28.680 Any ruling of the chair can be overturned and you can overturn the ruling of the chair with with just 51 votes.
00:24:34.640 And so what happened was Harry Reid got the Democrats to overturn the ruling of the chair.
00:24:39.360 And once you do that, you change the precedence and that new ruling is binding.
00:24:45.120 The effect of that is since 2013, nominations have only required 51 votes instead of 60 votes.
00:24:52.200 Well, that night that Reid was nuking the filibuster for nominations, the filibuster still exists for legislation, but Reid nuked it for nominations.
00:25:04.360 I 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.
00:25:13.340 All of the Democrats are going to regret this decision.
00:25:15.900 And the consequence of this decision is we are going to see more justices like Antonin Scalia and Clarence Thomas on the courts.
00:25:24.480 And there is an irony that the direct result of Harry Reid nuking the filibuster is Roe versus Wade being overturned.
00:25:33.900 If 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.
00:25:44.180 That 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.
00:25:54.680 And I told them that, a number of us told them that, in 2013.
00:25:59.140 Now, what Chuck Schumer is planning to do next week is every bit as big a deal as nuking the filibuster.
00:26:07.180 And in many ways, it's more significant.
00:26:09.100 Why?
00:26:10.060 Because the filibuster is not...
00:26:11.680 What is the cause and effect then, right?
00:26:13.940 If you're saying, and you give the last example, which is significant, and I don't think many people understood that or remembered it.
00:26:21.700 But what would it then be, the cause and effect of this, and could there be a silver lining in it?
00:26:27.760 Well, look, the reason it is more significant is the filibuster is not written in the Constitution.
00:26:34.320 The filibuster is a matter of Senate procedure and Senate practice and the Senate rules.
00:26:39.320 Impeachment is written into the Constitution.
00:26:42.420 The obligation on the Senate to try impeachment is mandatory.
00:26:45.960 It is in the Constitution.
00:26:47.220 So 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.
00:26:58.560 And you want to know the consequences?
00:27:00.760 Listen, we've got an election in November.
00:27:02.960 I think there's a very good chance Donald Trump will be elected president.
00:27:06.300 And it is entirely possible that Trump will be elected president.
00:27:10.920 Republicans will take the Senate.
00:27:12.360 Senate, and yet we could lose the House.
00:27:15.260 We could end up in January with Trump in the White House, a Republican Senate, and a Democrat House.
00:27:22.340 If that happens, I'm here to predict right now, if the Democrats have the House, they will once again impeach Donald Trump.
00:27:28.460 Maybe for the third time, the fourth time, the fifth time.
00:27:30.480 I can't tell you how many times a Democrat House will impeach Donald Trump.
00:27:34.460 It may be the only thing they do for two years.
00:27:36.380 If that happens, and it comes to the Senate and we have a Republican Senate, you know what we'll do? 0.99
00:27:43.560 We'll table the damn thing. 0.99
00:27:45.080 And let's be clear. 0.99
00:27:46.560 We didn't last time.
00:27:48.960 So when Donald Trump was impeached the first time, it was exactly that scenario.
00:27:53.560 You had a Democrat House.
00:27:55.420 Pelosi rammed the impeachment through.
00:27:57.420 The impeachment came over to the Senate.
00:27:59.300 We had a Republican Senate.
00:28:00.900 Mitch McConnell was the majority leader.
00:28:02.320 We could have tried to do what Chuck Schumer is getting ready to do.
00:28:06.700 We could have just tried to table it at the outset, but we didn't because Senate Republicans actually took our constitutional obligations seriously.
00:28:13.300 We followed the Constitution.
00:28:14.900 We conducted the trial, and Donald Trump was acquitted.
00:28:17.320 We voted not guilty.
00:28:18.920 That's actually the proper constitutional way.
00:28:21.820 What 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.
00:28:40.060 That's a big deal, and it's a deal that will have consequences 10 years, 50 years, 100 years from now.
00:28:47.740 If Schumer does this next week, you will never again see an impeachment trial when the Senate is the same party as the president.
00:28:56.000 That will be taken off the table.
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00:29:27.780 So 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?
00:29:41.120 He changed it.
00:29:41.960 Who really cares?
00:29:43.780 Well, look, the institutional change of the Senate, I don't think that's going to be a big voting issue.
00:29:50.040 I 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.
00:30:03.900 And 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.
00:30:15.740 You 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.
00:30:25.720 This is an assault on the Constitution and the institution that is the Senate, just like the Democrats' assault on the filibuster back in 2013.
00:30:34.200 The Democrats have systematically been tearing down our institutions.
00:30:38.520 But 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.
00:30:48.640 I intend to raise probably multiple points of order, challenging what the Democrats are doing.
00:30:54.900 And let me be clear what's supposed to happen.
00:30:57.400 So here's what should happen next week.
00:30:59.360 There are one of two things that can happen.
00:31:00.760 Number one, the Senate, the full Senate, could adopt an organizing resolution and move to holding an impeachment trial on the floor of the Senate.
00:31:14.100 Now, 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.
00:31:24.480 You'll recall that's what happened with both of Trump's impeachments.
00:31:27.420 That's what happened with Bill Clinton's impeachment.
00:31:30.760 And 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.
00:31:46.480 Actually, the first one, the Republicans put in place.
00:31:49.400 The second one, the Democrats had a majority they put in place for Trump's second impeachment.
00:31:54.220 And by the way, the second impeachment of Trump, the chief justice did not preside because Trump was no longer president.
00:31:59.520 So Pat Leahy, the president pro tem presided because the chief justice only presides when it is the sitting president who's being impeached.
00:32:08.280 That's one way of proceeding.
00:32:09.920 Frankly, 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.
00:32:17.580 There 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.
00:32:33.580 And the committee would conduct the impeachment trial.
00:32:37.200 Now, the trial would be public.
00:32:39.240 The House managers would present their evidence and the committee would conduct the trial.
00:32:43.320 That is the way that the Senate is handled, for example, the judicial impeachments that come over.
00:32:48.320 They've appointed a committee.
00:32:49.920 The committee has heard the trial and then the committee makes a recommendation to the Senate.
00:32:54.240 And the Senate ultimately every senator has to vote guilty or not guilty.
00:32:58.120 But the trial itself is not held on the Senate floor.
00:33:01.020 It's held in a committee.
00:33:02.480 Now, I filed an organizing resolution that would set up exactly that process, would set up a committee to conduct the trial.
00:33:11.260 The trial would be public.
00:33:12.160 So we would put the information.
00:33:13.640 We'd put the charges.
00:33:14.660 We'd put the evidence.
00:33:15.740 We'd put the harms.
00:33:16.980 We'd put the people hurt and killed by the Democrats' open borders.
00:33:21.220 We'd put all of those facts before the American people.
00:33:23.320 But it would not be on the floor.
00:33:24.520 It would be in a committee.
00:33:26.560 I'm going to make a motion to do that.
00:33:31.140 The Democrats are going to oppose it.
00:33:32.520 I 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.
00:33:42.180 And 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.
00:33:51.160 Why?
00:33:52.140 And it's what Chuck Schumer told us because this is a policy dispute.
00:33:54.900 And 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.
00:34:06.060 They're for open borders, no matter how many terrorists come into this country and how much death and destruction results.
00:34:12.760 And I think next week we're going to see that vividly before the American people.
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00:36:12.360 Senator, one last question I want to ask you about this issue.
00:36:15.400 And 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?
00:36:25.140 Or is this a, hey, go and call into local talk radio shows and explain why this is important and what Republicans should do?
00:36:33.800 Do they need to call their senators?
00:36:35.300 Sometimes people, I think, get fatigue on that and they think, do they even listen to me?
00:36:38.400 Does it even matter?
00:36:39.600 If I've got a Democratic senator from my state, are they going to even listen to me?
00:36:44.320 So, yes, call your senators.
00:36:46.880 And it's important, particularly those Democrat senators that are in tough re-election races.
00:36:50.880 I mentioned them.
00:36:52.180 Montana, Ohio, Pennsylvania, Nevada, Wisconsin, all of them are in tough re-election races.
00:37:00.980 Call them.
00:37:02.700 Call if you're in New Hampshire.
00:37:04.500 You've got two Democrats there.
00:37:05.720 They're not on the ballot this time, but call them anyway.
00:37:07.960 If you've got, call your senator and say, follow the Constitution, have a trial.
00:37:13.220 Call your senator and say, end the open borders.
00:37:16.180 That pressure matters.
00:37:17.780 That pressure, there's a reason Schumer, listen, Schumer is not shy about talking.
00:37:24.480 I mean, he'll talk about anything.
00:37:25.920 The fact that he had two sentences he read and nothing more.
00:37:28.800 We're going to finish this very quickly.
00:37:30.560 Impeachment shouldn't be used for policy disputes.
00:37:32.360 He didn't have a third sentence.
00:37:34.260 The reason is he's terrified.
00:37:36.240 His members, John Tester in Montana is utterly terrified.
00:37:40.180 He wants this over yesterday, fast, fast, fast, fast, fast, because the people of Montana
00:37:44.480 are horrified by the open borders that John Tester supports, and he's going to pretend
00:37:49.340 when he goes home he doesn't support them.
00:37:51.560 Well, every moment that this is on the Senate floor, every moment that the American people
00:37:56.320 are seeing this is a bad moment for Senate Democrats that are trying to get re-elected.
00:38:00.860 So, yes, call your senator, but also do everything you can to highlight what's going on,
00:38:06.300 to highlight the facts.
00:38:07.500 Look, the Democrats' strategy is darkness.
00:38:10.340 It's cover this up.
00:38:11.320 It's count on the corporate media not to tell the American people, hope the voters do not
00:38:15.900 know what is happening.
00:38:17.240 So do everything we can, hopefully next week.
00:38:19.960 I'm certainly going to be trying, a number of other Republicans are going to be trying
00:38:23.260 to highlight the absolute disaster, the indefensible crisis that the Democrats have
00:38:31.380 deliberately caused on the southern border, and that they continue to cause.
00:38:35.100 It's not like they've stopped.
00:38:36.640 They're doing it today.
00:38:37.620 They're doing it tomorrow.
00:38:38.580 They're going to continue to do it over and over and over again, because for them, the
00:38:43.400 partisan political upside is worth it, and the people who suffer and die, that's not a
00:38:49.700 big enough problem to make them stop or change their behavior.
00:38:52.520 We need to make sure the American people know the facts.
00:38:56.520 Yeah, great point.
00:38:57.540 Don't forget, share this podcast with your family and friends, share it on social media,
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00:39:03.580 It helps us reach a new audience, and most importantly, get involved, call your senators,
00:39:10.080 and make sure people know what's going on in your states, especially the ones that the
00:39:14.220 senator just talked about.
00:39:15.480 Also, don't forget, you can grab my podcast, and I'll keep you up to date on the in-between
00:39:19.320 days as we do the show Monday, Wednesday, and Fridays.
00:39:21.920 Grab my show, the Ben Ferguson podcast as well, and I'll keep you up to date on the breaking
00:39:25.500 news on those in-between days.
00:39:26.720 And the senator and I will see you back here Friday morning.
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