00:00:05.520Welcome. It is Verdict with Senator Ted Cruz, Ben Ferguson with you as well.
00:00:09.980And we are going to obviously talk about the most famous mugshot, I think, in political history of Donald Trump coming out of Georgia, what this means to the campaign.
00:00:19.700We're going to do that for you in a second, but we're also going to talk about the presidential debate.
00:00:25.440So we're going to talk about what it's like to be in a presidential debate, how you prep for a presidential debate, and what it's like to walk out there for the first time.
00:00:33.960Because for many of these people, they had never been in this position before.
00:04:49.700For DeSantis to have a shot at beating Trump, it's got to be a two-man race.
00:04:55.160And so the reason why I think Trump was the biggest winner Wednesday night is that I think after the debate, there were more contenders gaining traction.
00:05:05.980And the more the contenders are splitting support among multiple candidates, the better off Trump is.
00:05:11.740And so that's why I think the Trump team was very happy when the debate was over because he looked at the field and saw Vivek gaining a few points, Haley gaining a few points, Pence gaining a few points.
00:05:24.440And if they're splintered, that makes it much harder for anyone on that stage to credibly go after Trump when he's got a 30, 40-point lead over the field.
00:05:36.000And I didn't see anything Wednesday night that significantly changed the dynamic of the large advantage Trump has.
00:05:44.840You know, sometimes there's a little bit of humor that you get to have in these moments.
00:05:48.540I started my podcast this morning by saying, well, it was an incredible vice presidential, I'm sorry, I mean presidential debate.
00:05:55.980But that's kind of what you're saying in a sense is no one really moved up in a significant way or solidified or really took away from the group overall to challenge Trump, who's still probably 50 points ahead.
00:06:10.200And again, you can lose a lot of the debate if you're the winner, if you're the leader, I should say, but you can you can lose a lot very quickly if you're the if you're the leader and you don't perform really well.
00:06:22.060Trump not even having to show up, his poll numbers are going to probably say exactly the same this next week.
00:06:27.140Would you agree? Yeah, I think that's right.
00:06:30.040I think Trump will continue to have a very strong position in the Republican primary.
00:06:35.140Now, I've also said I don't think the primary is over.
00:06:37.800I think everyone that is trying to say, OK, it's it's done is is looking at it from an ahistorical lens.
00:06:44.440I think that we still have a vigorous primary ahead of us.
00:06:48.680But look, several things can happen in primaries in primary debates.
00:06:52.480Number one, in a debate, someone can screw something up badly.
00:06:56.740Someone can tank their their campaign.
00:06:59.020I don't think anyone did that Wednesday night.
00:08:21.120And and in my view, the fact that other candidates got traction hurts the DeSantis campaign.
00:08:32.660Now, I don't think DeSantis had any bad moments.
00:08:36.120I think he had some good moments Wednesday night.
00:08:38.780I just don't think there was a meaningful gulf between DeSantis and the other candidates on the stage.
00:08:47.900And and in a campaign where you're trying to make it a two man race between you and Trump, that's not ideal.
00:08:56.320I want to tell you about an amazing trip that we as verdict listeners are going to be taking to the Holy Land, Israel.
00:09:03.200Israel is the cradle of Judaism, Christianity and many of the principles that we hold dear as Americans.
00:09:08.780And I want you to join me and many other listeners as we visit sites like the Armageddon battlefield, Nazareth, Jericho, Jerusalem, Bethlehem.
00:09:18.220You're also on this trip going to set sail on the Sea of Galilee and you're going to float on the Dead Sea.
00:09:23.880We're going to walk in the footsteps of biblical figures like King David and Jesus Christ.
00:09:29.100And you're going to do it all together with other listeners from around the country.
00:09:32.540Now, I'm going to meet up with you in Jerusalem and you're going to experience the city and some of the most amazing sites like the Western Wall, the Temple Mount.
00:09:42.040The trip is going to deepen your understanding of the Bible and of Western civilization.
00:09:46.780We're also going to have with us a spiritual advisor, a pastor who's going to talk at each site about the significance in the Bible with this trip.
00:10:21.520You can also call them and get the information guide and find out everything you need to know about this once-in-a-lifetime trip to Israel.
00:10:33.800That's 877-234-3002 or online at ChristianExpedition.com slash Ben.
00:10:43.360Senator, I want you to pull back the curtain for everybody because I've got a million questions that I want to ask.
00:10:49.720I was around your campaign in 2016, but there's very few that see what happened when it comes to debate prep, when it comes into the days and the hours before a debate, the nerves that obviously everyone on stage is going to feel in some point, especially in your first debate.
00:11:36.780And I guarantee you everyone on that stage was unbelievably nervous.
00:11:43.220I'm not someone who feels a whole lot of nerves very often, but I distinctly remember that first debate in Cleveland.
00:11:51.64024 million people watched that first debate.
00:11:54.020And I remember before the debate, you go out and you do a walkthrough, sort of a practice where they show you where your podium is and you stand on the stage and you look up.
00:12:03.180And it's a couple hours before the debate starts.
00:12:04.920And I remember standing there and just looking up and up and up.
00:12:07.920And it was a big, big auditorium in Cleveland.
00:12:11.240And it kind of takes your breath away.
00:12:13.620You're like, OK, they're shooting with real bullets here tonight.
00:12:20.140Everyone was feeling that on Wednesday night.
00:12:23.640And that it's just it is a huge stage.
00:12:28.240Part of the reason that the debates matter so much, so much of a presidential debate is and so much of a presidential campaign is driven by the media cycle, is driven by what the news chooses to cover.
00:12:41.580And look, our corporate media is thoroughly corrupt.
00:12:45.060And so if you have a campaign that you're trying to drive a message, it can be maddeningly infuriating when the media is doing everything they can to frustrate your message and push the message they want.
00:12:56.060And debates are one of the very few instances where you can go around the media gatekeepers and go straight to the voters.
00:13:02.660And they, in the course of a presidential campaign, debates have the power to change the entire trajectory of a debate, either to take a candidate out.
00:13:13.760Look, if you remember in 2016, the New Hampshire debate where Chris Christie went after Marco Rubio.
00:13:19.260And I was standing just a few feet away from from Christie.
00:13:24.300And I got to tell you, look, it's it's it's it may be the only time in my life I've been physically present for homicide.
00:13:31.720I mean, holy cow, Christie went after him.
00:14:01.180But it was it it changed the course of of that debate in that campaign.
00:14:06.140There are other moments where where a candidate soars and and they can suddenly get get energy.
00:14:16.720You know, if you remember one of the early debates where where John Harwood from CNBC was blasting every candidate and just being nasty was insulting.
00:14:28.380Every candidate was was drippingly condescending as I remember the left wing reporter.
00:14:34.460And it came to me and I just unloaded on him.
00:14:38.520And and my point was, look, dude, this is not about you.
00:15:17.340I remember watching it and I was sitting there when that happened and I was watching it.
00:15:21.820And obviously I was yelling at the TV.
00:15:23.180I was there at that debate and we were I was back in a green room getting ready to TV afterwards.
00:15:28.440And it was like that is a moment that everybody in the room was writing down on their notebook because everyone referenced it that night on TV.
00:15:35.600Like this was a moment in the debate that no one was going to forget.
00:15:40.400Well, and and the mechanics of what happens when you have a moment that that resonates, your fundraising explodes.
00:15:48.900And I remember we went back out on the roads and suddenly our crowds that had been three, four hundred became a thousand.
00:15:56.580Like like it, it the impact was almost instantaneous that that that people are like, hey, I want to see what this campaign is about.
00:16:04.920And so there's very little in a campaign that has the potential of a debate to change the underlying dynamic powerfully.
00:16:17.160And last night, as I said, I don't think anyone had a disqualifying gaffe that killed them.
00:16:26.440I don't think anyone had a dominant breakout.
00:16:29.140But I but I do think Vivek had the best performance of the night.
00:16:32.260And is that because we didn't know him?
00:16:35.160I mean, it's easier for people to go notice you if they haven't seen you before.
00:16:39.420Everybody else on stage, people had kind of seen.
00:16:41.840I thought it was one of those moments where it's like, oh, I noticed you now in the room.
00:16:45.840And you look like I think part of it was this.
00:16:49.060He looked like he was genuinely having fun and happy to be there.
00:18:35.080But actually, particularly as I did more and more arguments, I tended to favor getting really, really smart people in the room and then talking through, OK, what do we want to do?
00:18:48.640So let me let me address it from the Supreme Court perspective first and then then apply it to the debate.
00:18:53.040So for a Supreme Court oral argument, I'd have a really smart team of lawyers, Supreme Court advocates, experienced constitutional lawyers sitting around the table.
00:19:01.920And I'd be one question I would always ask is, all right, what are our must raise points?
00:19:07.340What are the points where if when my argument is done and I sit down, I have not said I'm going to kick myself?
00:19:18.500And so I would go into any oral argument with a one pager of typically three to five must raise points that I thought were the most important points.
00:19:29.280They were what I wanted the justices to hear and know.
00:19:31.940And I was going to make sure to make them.
00:19:33.980That's part of debate prep, figuring out, OK, what are what are the points that are most important for you to say?
00:19:40.280Another part of debate prep is what's your strategy?
00:21:37.980And a lot of people have speculated that the role Vivek is doing is is is being something of a stalking horse for Trump.
00:21:44.320That that that and and I don't know if that's true or not.
00:21:48.320But but he was certainly full throatedly defending Trump.
00:21:53.040Look, I remember back to 2016 and there were portions of the debates early on where I made a conscious decision not to go at Trump, not to vigorously engage Trump.
00:22:05.600And Trump and I early in the primary had a very good relationship, a very friendly relationship.
00:22:10.480It drove the media crazy because they wanted me to blast him.
00:22:15.280There were later stages in the debate.
00:22:17.220Look, what came down to basically a two man battle between me and Trump, both he and I took the gloves off and began smacking the hell out of each other.
00:22:26.000And and and it changed based on where the race was and who the relative players are.
00:22:33.200I thought it was interesting that almost nobody was trying to prosecute a case.
00:22:41.560Number one, that they have a stronger record than Trump.
00:22:44.960So DeSantis made the case that he had a great record as Florida, but he had very little comparative of his record versus Trump's, which I expected more of that in the debate.
00:22:53.860And almost nobody other than, again, Christie made the case that they had a better chance of winning than Trump.
00:23:07.700Yeah, but but but Haley is is running for the the moderate establishment lane.
00:23:13.120And and and so the argument she was making was not it wasn't surprising.
00:23:20.220But but I found it interesting how little of that we saw on Wednesday night.
00:23:24.400The biggest shock for me was honestly the the lack of of distinguishing one candidate from the other.
00:23:32.420And that's something that you did a very good job of back in 2016 was making it clear who you were as a candidate walking away from last night.
00:23:40.720And I don't feel like any of these candidates really left an impression of how I am very different or unique from the others on the stage.
00:23:50.100I mean, there was there were moments, yes, where it was like, for example, where Vivek, you know, proudly raised his hand and said he would support Donald Trump as a nominee, even if he was, you know, convicted.
00:24:01.600And then you saw it, which was turned into a meme.
00:24:05.020It's been all over the Internet over the last two days of the other candidates trying to figure out what they're going to do.
00:24:10.300And it was probably bad timing because for our bad placement for DeSantis, because right next to him and you see DeSantis look to his right, look to his left.
00:24:18.960And then he's like, OK, everybody else raise their hand.
00:24:27.320That hesitation was not a good moment.
00:24:29.160That that is others are going to use that against him, the hesitation.
00:24:33.560What I actually thought one of the most interesting moments of the debate happened right after that, where Vivek came back and said and he said it to Pence.
00:24:45.440He said, if I'm elected, I will pardon Donald Trump.
00:25:27.520And so if I'm elected, we're going to end this abuse of power.
00:25:31.560And even if a candidate on that stage despises Donald Trump, that was a, it was a hanging curveball.
00:25:41.880And I was genuinely surprised that nobody took that opportunity because that was a moment to shine and nobody jumped on it.
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00:27:17.880Senator, I want to ask you one other question about debates because, I mean, rarely do you get to talk to somebody
00:27:22.900and pull back the curtain who's actually done this before.
00:27:25.600If you're leaving this first debate, what changes then going into the next debate?
00:27:32.540If you're any of these candidates now, what do they have to do and what could they take away from this?
00:27:38.500And how much do you think the next debate will change because of what they learned two nights ago?
00:27:45.140Well, I think each of the candidates is going to come out in a different place.
00:27:49.660For the candidates that didn't gain momentum, they're going to feel a greater urgency.
00:27:55.620Look, the next debate is going to have a higher threshold, a higher threshold of polling to get in, a higher threshold of donors.
00:28:01.820I expect the next debate to have fewer candidates on the stage.
00:28:06.520I suspect at least two of the candidates who were there on Wednesday night will not be there at the next debate.
00:28:11.960When you're not gaining traction, it impacts every part of the campaign.
00:28:21.440It impacts your large-dollar fundraising.
00:28:24.180Donors are following this, and if they think you have momentum, they're excited and eager to write a check.
00:28:28.740And if they think you don't have momentum, suddenly the money dries up.
00:28:32.220The small-dollar fundraising, I mean, it is an amazing – when people are energized, when you've got grassroots activists that are really exciting – look, I've got to tell you, towards the end of my campaign in 2016, we had online over a million bucks a day coming in.
00:28:49.960And it was – people were just excited.
00:28:52.620They went to my website, they contributed, and it – you know, we ended up raising $92 million, which is still to date the most money any Republican has ever raised in the history of presidential primaries.
00:29:04.700We raised more than George W. Bush or Mitt Romney or John McCain.
00:29:08.320When you've got momentum, it rolls aggressively, but it unrolls just as vigorously.
00:29:15.700And so for the candidates that didn't have a moment that energized their supporters, they're going to find when they're out on the trail, their crowds are smaller.
00:29:26.880They go to an event, and maybe last week they had 50 people, and tomorrow they have 25.
00:29:35.480And that can be a hard – look, if you remember one hard moment in 2016 when Jeb Bush, when his campaign towards the end,
00:29:44.660he was giving a talk, and he said – and people were not responding, and he said, please clap.
00:37:33.700And then number three, he returns to Twitter.
00:37:36.940And his first tweet is a tweet of his mugshot, which basically broke Twitter.
00:37:46.980That combination sucks all of the energy out of every other candidate.
00:37:54.560And listen, one challenge that every candidate in this race, not named Donald J.
00:37:59.600Trump, faces is the difficulty of driving even 10 seconds of discussion or narrative because Trump, by design, seizes and dominates the discussion.
00:38:12.240And I think the last 24 hours are as good an illustration of it as we've ever seen.
00:38:17.980I laugh because the Babylon Bee put up pictures of everybody on stage last night and said, Republicans gather to debate who will lose to Trump in a distant second.
00:38:26.880And then you see what he did and how smart he was with this if you're Donald Trump.
00:38:30.960And it's like, play stupid games, win stupid prizes for the Democrats.
00:39:09.860I think Trump absolutely can win in November, and I think he can lose also.
00:39:14.000We're a very polarized country, and it's clear there are a lot of voters that love Trump and a lot of voters that hate Trump.
00:39:19.320And so I don't know what happens in a general, but I think in the ecosphere, the bubble that is the left wing, that is Democrats and the media, everyone they know thinks Donald Trump is Hitler.
00:39:35.940And so they want him to be the nominee.
00:39:37.800If he ends up winning in November, I have to say the meltdown we saw in 2016, the Rachel Maddows of the world basically having a nervous breakdown on television, I think would be utterly dwarfed by the reaction if Trump wins again in November.
00:39:57.140We'll see what happens, but I've got to say the media desperately want him to be the nominee.
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00:42:09.240They want to put him in court and sit on the campaign trail.
00:42:12.420That's election interference by definition.
00:42:15.900Is there, A, anything Trump can do to delay?
00:42:18.360And then the other question is, if he is elected, could he still go to jail?
00:42:24.120How would that work if they do find a jury in New York, which is not an insane idea, or in Delaware or in Atlanta, to actually say he's guilty?
00:42:34.200How does that work now, knowing everything?
00:42:36.480Yeah, look, we are in uncharted territory.
00:42:43.300I think there is a very real chance we will see one or more trials between now and November.
00:42:48.200And I think there is a very real chance, particularly in D.C., in New York, or in Atlanta, I think we could see convictions.
00:43:01.500We've talked about how the judges and or the juries in those respective places are not favorable.
00:43:08.240I don't expect the convictions to be upheld on appeal, but the appeals could take years.
00:43:14.860And so I think there is a very real risk that we get to November of next year and Trump will have endured a trial and have been convicted and the matter will not be resolved on appeal.
00:43:27.540What happens when you're convicted of a crime?
00:43:37.820I would anticipate that no one would try to incarcerate or no one would succeed in incarcerating Trump before the appeal had run its course.
00:43:48.120But look, these wild-eyed prosecutors, actually, when I said no one would try, as soon as I said that, I didn't really believe that because they're brazen enough I think they would try.
00:43:58.320I think the odds are decent the appellate courts would say, no, we're not going to let Trump go to prison while the appeal is pending.
00:44:09.180We're going to wait to resolve the appeal.
00:44:15.240And by the way, there's nothing in the law that prevents a candidate for president being incarcerated in jail.
00:44:24.860There's nothing in the law that prevents the Republican nominee or the Democrat nominee for president being incarcerated and in prison.
00:44:32.880There's nothing in the law that prevents the sitting president of the United States from being incarcerated.
00:44:38.080Now, the Secret Service would have an aneurysm.
00:44:40.400I don't know how that would actually mechanically work if you have the sitting president of the United States in Sing Sing next to murderers.
00:44:48.080That's part of why this is such uncharted territory.
00:45:28.640Both of them had mugshots and both of them took the same approach, which is they grinned.
00:45:33.100They smiled widely like a political headshot.
00:45:37.900And my question to you is, should Trump have smiled or should he have looked as pissed off as he was?
00:45:46.060And I don't think there's an absolute clear answer.
00:45:48.600I have an inclination, but I'm curious what you think.
00:45:51.620Yeah, I think that exactly how he took that picture is exactly why he should, because one of the things that's going viral, and this actually has happened while we've been recording, is somebody I know put that picture up underneath it, all capital letters, LEGEND, and it's now gone to like 280,000 retweets.
00:46:09.100This is going to be on, I mean, now there's like 15 people since we've been doing this, taping this, that have put out t-shirts that say Rockstar Legend.
00:46:49.200These will be at the next Trump rally and there'll be vendors out there selling this mugshot on every t-shirt and every hat they can get their hat on.
00:46:57.680And by the way, do you remember with the first indictment, the Alvin Bragg indictment, where the Trump team was saying they wanted a mugshot?
00:47:08.480Yeah, I think they had decided that this that was and by the way, the Alvin Bragg one, which seems like a long time ago, was the first indictment.
00:47:16.460We said on verdict at the time, Trump will go up 10 points in the polls in the primary.
00:47:57.700Wouldn't surprise me to see him pick up four or five points.
00:48:01.000Wouldn't surprise me to see Nikki Haley pick up three points.
00:48:06.240Wouldn't surprise me to see Pence pick up one or two points.
00:48:09.520And that probably comes mostly at the expense of DeSantis, maybe some at the expense of Tim Scott's and maybe a little bit at the expense of Trump.
00:48:42.720Make sure you download that wherever you get your podcast is.
00:48:46.000I do a unique podcast on the on those days in between.
00:48:49.520So if you're looking for something to keep you updated in between our Monday, Wednesday and Friday, make sure you download the Ben Ferguson podcast as well.
00:48:55.960And we will see you back here in a couple of days.