The 47 Morning Update with Ben Ferguson Episode Summary: "Can Biden Drone Strike Trump? SCOTUS Immunity Decision Fully Explained" Release Date: July 3, 2024
Introduction
In this episode of The 47 Morning Update, host Ben Ferguson engages in a compelling discussion with Senator Ted Cruz about a landmark Supreme Court ruling concerning presidential immunity. The conversation delves into the implications of the decision on former President Donald Trump’s legal challenges, the potential impact on the upcoming 2024 election, and broader concerns about presidential powers and democratic integrity.
Supreme Court Ruling on Presidential Immunity
The focal point of the episode is the Supreme Court's recent decision that significantly broadens the scope of immunity granted to former presidents. Senator Ted Cruz provides an in-depth analysis of the ruling, highlighting its structure and implications.
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Majority Opinion: Chief Justice Roberts authored the majority opinion, which concluded that Donald Trump possesses extensive immunity for his official acts. The decision was rendered with a 6-3 vote.
"This was a major victory for President Trump in the Supreme Court. It was a vote of 6 to 3. Chief Justice Roberts wrote the majority opinion and concluded that Trump has very broad immunity for official acts."
— Senator Ted Cruz [00:16] -
Three Categories of Presidential Action:
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Exclusive Constitutional Authority: Actions solely within the President's constitutional powers, such as being Commander-in-Chief, granting pardons, nominating judges, and firing cabinet members, receive absolute immunity.
"Presidential action that is within the President's exclusive constitutional authority has absolute immunity."
— Senator Ted Cruz [02:33] -
Shared Powers with Congress: When presidential actions are shared with Congress, the President enjoys presumptive immunity. This means immunity is presumed but not absolute, allowing for robust legal challenges if sufficiently justified.
"The court says the President has immunity there also, but it did not decide whether the immunity is absolute or presumptive."
— Senator Ted Cruz [02:33] -
Unofficial Actions: Any actions that are unofficial or do not involve the exercise of presidential power are not protected by immunity.
"Unofficial actions not exercising the power of the presidency have no immunity whatsoever."
— Senator Ted Cruz [02:33]
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The Court remanded the case back to the lower courts to apply these newly established categories to the specifics of the indictment against Trump.
Implications for Trump’s Prosecution
Senator Cruz explains how the Supreme Court's ruling affects the ongoing prosecution of Donald Trump, particularly the case led by Special Counsel Jack Smith.
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Impact on Jack Smith’s Case:
"We're sending it back to you. Do your paperwork the right way, in essence, and then start all over."
— Ben Ferguson [04:09]Senator Cruz responds by clarifying that this procedural step is standard when new legal frameworks are established:
"This is something courts do all the time... the court is laying out a new test here."
— Senator Ted Cruz [04:23]The decision implies that Jack Smith's prosecution is highly likely to be derailed, as the lower courts will now need to meticulously categorize each alleged action within the framework defined by the Supreme Court.
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Timeline Concerns Ahead of the Election:
With the election approaching, Senator Cruz emphasizes that the complexities introduced by the ruling mean that the trial cannot proceed before Election Day.
"One almost certain outcome is there will be no trial on Jack Smith's case on January 6th before election day."
— Senator Ted Cruz [05:04]He predicts that Jack Smith’s case will face significant hurdles, rendering most, if not all, of the indictment ineffective.
Potential Impact on the 2024 Election
The timing of the ruling presents strategic implications for the upcoming election, though Senator Cruz remains skeptical about the Democrats' ability to leverage the decision effectively.
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Strategic Advantages for Republicans:
The delay in prosecution could benefit Trump by removing legal vulnerabilities ahead of the election.
"Alvin Bragg agreed to delay the sentencing... the court at least needs to consider what is the relevance of this decision to the convictions against Donald Trump."
— Senator Ted Cruz [26:05]Cruz anticipates that the legal challenges against Trump will either not survive the new legal analysis or may be dismissed outright if Trump remains in power.
Hypothetical Scenarios and Checks on Presidential Power
The discussion shifts to hypothetical scenarios that explore the limits of presidential power and the safeguards in place to prevent abuses.
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Scenario: President Ordering Military Against Political Rivals:
Governor Cruz addresses concerns raised by the Supreme Court decision, clarifying that the ruling does not grant presidents unchecked authority to commit unlawful acts.
"One of the most important checks is Seal Team 6 could and should refuse that order... if Joe Biden told SEAL Team Six, go kill Donald Trump, the military has an obligation to refuse to carry it out."
— Senator Ted Cruz [16:03]He further emphasizes that such actions would trigger immediate impeachment proceedings, serving as a robust check against potential abuse.
"The next immediate step would be impeachment. And you would have to assume if a president murdered his rival that you would see Congress impeach him immediately."
— Senator Ted Cruz [16:03]
Media and Political Reactions
Senator Cruz critiques the media's portrayal of the Supreme Court ruling, arguing that Democrats have been projecting fears of dictatorship onto Trump despite evidence of their own partisan abuses.
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Critique of Media Narratives:
Cruz rebuffs claims that the ruling provides Trump with dictatorial powers, labeling such assertions as baseless fear-mongering.
"It does not [give the president power to poison their staff]."
— Senator Ted Cruz [15:36]He accuses the Democrats of hypocrisy, pointing out their own misuse of the justice system to target political opponents.
"It is Joe Biden whose Department of Justice is targeting its political enemies... the Democrats... are going after Steve Bannon, Peter Navarro... This is an attack on democracy."
— Senator Ted Cruz [18:50] - [24:57]
Historical Context and Future Implications
The conversation touches upon historical precedents and future ramifications of the ruling for American democracy.
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Comparison to Nixon’s Presidency:
An unnamed commentator draws parallels between the ruling and former President Nixon’s actions, suggesting that the decision could have rendered Nixon’s illegal activities unprosecutable.
"Substantial portions of Richard Nixon's wrongdoing... would have been impossible to prosecute."
— Unnamed Commentator [21:01]He warns that the ruling effectively licenses unchecked presidential power, posing a threat to democratic norms.
"They have just given him a license for dictatorship within the purview of official acts. That should be extremely alarming."
— Unnamed Commentator [21:01]
Conclusion
Senator Ted Cruz concludes the episode by reiterating the significance of the Supreme Court ruling and its favorable position for Trump in the upcoming election. He remains critical of the Democratic Party’s actions, asserting that their attempts to weaponize the justice system ultimately undermine democratic principles.
"These cases... very little, if any of the Jack Smith indictment will survive that analysis. Alvin Bragg... is an absolute abuse of power."
— Senator Ted Cruz [27:21]
He projects confidence that the lower courts will find the Democratic indictments against Trump unfounded, thereby bolstering Trump’s position as the election approaches.
Notable Quotes
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"This was a major victory for President Trump in the Supreme Court."
— Senator Ted Cruz [00:16] -
"Jack Smith is going to have a very difficult time having any of his case survive."
— Senator Ted Cruz [05:52] -
"Seal Team 6 could and should refuse that order."
— Senator Ted Cruz [16:03] -
"It is you, you dishonest partisan hacks that are going after that have the four indictment against Trump."
— Senator Ted Cruz [18:50] -
"We have to be honest that we're facing a major party political candidate who has said he wants to be a dictator on day one."
— Unnamed Commentator [21:01]
Final Thoughts
This episode provides a thorough examination of the Supreme Court's decision on presidential immunity, highlighting Senator Ted Cruz's perspectives on its implications for Donald Trump, the Democratic Party, and the state of American democracy. By dissecting the legal nuances and political ramifications, The 47 Morning Update offers listeners a critical lens through which to understand the evolving landscape of presidential powers and judicial interpretations.