Can Media get Behind Biden after Debate, Some People "FEAR" Trump after Immunity Ruling & Chevron Deference Doctrine Explained Week In Review

Summary

The 47 Morning Update with Ben Ferguson: Detailed Episode Summary

Episode Title: Can Media Get Behind Biden after Debate, Some People "FEAR" Trump after Immunity Ruling & Chevron Deference Doctrine Explained Week In Review
Release Date: July 6, 2024
Host: Ben Ferguson
Guests: Senator Ted Cruz

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1. Media Attacks on President Joe Biden

Discussion Overview:
The episode opens with Ben Ferguson and Senator Ted Cruz addressing the relentless media scrutiny aimed at President Joe Biden, especially following his recent debate performance. They explore whether the media will continue to target Biden and the implications of such attacks on his presidency and reelection campaign.

Notable Points:

• Biden's Debate Performance:
  Representative Dan Goldman criticized Biden's debate performance, questioning his cognitive abilities. Ben Ferguson counters by emphasizing that those close to Biden describe the performance as an anomaly and an aberration, suggesting Biden will regain his composure in the coming weeks.
  Ben Ferguson (01:04):
  “And the people who are with him every day have indicated as well that it was an aberration and it is an anomaly.”

• Biden’s Health and Public Perception:
  Ted Cruz highlights discrepancies in the White House’s statements about Biden’s health post-debate, pointing out the president’s admission of needing to perform better in upcoming appearances.
  Ted Cruz (02:49):
  “Even the Praetorian Guard, even the most zealous defenders of Joe Biden and the Democrats... even they're turning on it.”

• Internal Concerns within the Biden Campaign:
  An unnamed contributor details Biden’s internal worries about his candidacy’s viability, referencing a New York Times poll showing Trump leading Biden by 3 points among likely voters.
  Unnamed Contributor (05:14):
  “The unfortunate reality is that the status quo will likely deliver US President Trump.”

Conclusion:
Ferguson and Cruz argue that the media's persistent attacks are undermining Biden’s image, potentially benefiting Trump by creating doubt about Biden’s leadership and electability.

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2. Donald Trump’s Supreme Court Victory and Its Implications

Discussion Overview:
The conversation shifts to a significant Supreme Court ruling favorable to Donald Trump, which deals with presidential immunity. Ferguson and Cruz critique the media's portrayal of this decision, arguing that it misrepresents the ruling’s impact and exaggerates fears about Trump’s potential misuse of power.

Notable Points:

• Supreme Court Decision on Presidential Immunity:
  The ruling allows Trump greater immunity from prosecution, which Ferguson suggests could lead to abuses of power.
  Unnamed Contributor (11:04):
  “Listen, Supreme Court in Russia exists, but none of us think that there's a rule of law there.”

• Media’s Misrepresentation:
  Ted Cruz criticizes MSNBC and other media outlets for falsely claiming that Trump could target journalists and that supporters might flee the country if Trump is reelected.
  Ted Cruz (10:37):
  “Oh, they're going to target us. That is Joe Biden who is doing right now.”

• Historical Context and Constitutional Concerns:
  The contributors draw parallels between the ruling and historical abuses of power, such as those by President Nixon, arguing that the decision undermines constitutional checks and balances.
  Unnamed Contributor (15:51):
  “It is a license for dictatorship within the purview of official acts. That should be extremely alarming.”

Conclusion:
Ferguson and Cruz express deep concern that the Supreme Court’s decision emboldens the president to exercise unchecked power, threatening the foundations of American democracy.

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3. Internal Democratic Concerns and Potential Impacts on the 2024 Election

Discussion Overview:
Senator Cruz and his guest discuss emerging fractures within the Democratic Party, with some elected Democrats expressing doubts about Biden’s ability to win the election. They examine how these internal challenges could influence the political landscape heading into the 2024 election.

Notable Points:

• Democratic Dissent:
  Several Democratic representatives, including Lloyd Doggett, Jared Golden, and Marie Glusonkamp Perez, publicly expressed concerns about Biden’s electability, marking a significant rift within the party.
  Unnamed Contributor (07:15):
  “President Biden needs to demonstrate that he can do that. The unfortunate reality is that the status quo will likely deliver US President Trump.”

• Importance of Upcoming Interviews:
  The scheduled interview between Biden and George Stephanopoulos is highlighted as a critical moment for Biden to restore his image. The contributors argue that negative media editing could further harm Biden’s prospects.
  Unnamed Contributor (06:25):
  “I think ABC and Stephanopoulos are going to do everything they can to prevent that from happening.”

• Impact on Vice Presidential Selection:
  The uncertainty surrounding the Democratic nominee could influence Trump’s VP choices, adding another layer of strategic complexity to the race.
  Unnamed Contributor (08:49):
  “There are lots of short lists, lots of things discussing... Complicated chess moves are playing out right now.”

Conclusion:
The internal doubts within the Democratic Party, coupled with strategic decisions by the Trump campaign, could significantly shape the dynamics and outcome of the upcoming election.

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4. Chevron Deference Doctrine Overruled

Discussion Overview:
In a pivotal segment, Cruz and Ferguson delve into the Supreme Court’s decision to overrule the Chevron deference doctrine, explaining its significance and potential ramifications for federal regulatory power and corporate governance.

Notable Points:

• Explanation of Chevron Deference:
  Chevron deference allowed courts to defer to federal agencies’ interpretations of ambiguous laws, significantly expanding bureaucratic power. The recent overruling reduces this deference, shifting power back to Congress.
  Unnamed Contributor (22:19):
  “Chevron deference... gave enormous powers to unelected bureaucrats.”

• Case Study – Loper Bright Enterprises vs. Raymondo:
  The specific case involved a fishing company being forced to comply with unreasonable regulatory demands, exemplifying the overreach enabled by Chevron deference.
  Unnamed Contributor (24:05):
  “The court said... Why? Because we said so. Because we want you to pay a salary.”

• Impact on Federal Regulation and Democracy:
  Overruling Chevron deference is portrayed as a victory for democratic accountability, ensuring that elected representatives, not unelected bureaucrats, make policy decisions.
  Unnamed Contributor (27:25):
  “This was a victory for democracy and a victory for the Constitution.”

• Consequences for Corporate and Federal Entities:
  The decision limits federal agencies' ability to impose regulations without explicit congressional authorization, potentially reducing bureaucratic overreach and increasing legislative accountability.
  Unnamed Contributor (29:34):
  “They are horrified whenever the voters actually get to decide... they want unelected judges deciding.”

Conclusion:
The overruling of Chevron deference is a significant step towards restoring constitutional balance, enhancing democratic accountability by ensuring that policy decisions remain in the hands of elected officials rather than unelected bureaucrats.

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5. Final Thoughts and Reflections on Democracy

Discussion Overview:
Concluding the episode, Ben Ferguson and Senator Cruz reflect on the broader implications of the discussed topics for American democracy, emphasizing the importance of maintaining constitutional checks and balances against perceived authoritarian tendencies.

Notable Points:

• Defense of Democratic Institutions:
  The hosts underscore the necessity of upholding constitutional principles to prevent the concentration of power and ensure that democratic processes remain intact.
  Unnamed Contributor (28:19):
  “We see a whole series of decisions from the Supreme Court that are all about enforcing the Constitution and enhancing democracy.”

• Critique of Media and Political Opponents:
  They critique the media’s role in perpetuating division and undermining democratic values by supporting unelected power structures.
  Unnamed Contributor (29:34):
  “They want unelected bureaucrats deciding... disconnected from the harms that their rules and regulations are causing.”

Conclusion:
Ferguson and Cruz conclude with a strong stance on defending democracy against both media bias and judicial overreach, advocating for transparency, accountability, and the primacy of elected legislative bodies in policymaking.

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Key Takeaways:

• Media’s Role: Persistent media attacks on Biden may weaken his campaign, potentially benefiting Trump.
• Supreme Court Rulings: Recent decisions threaten democratic checks, with significant implications for presidential power and regulatory authority.
• Party Dynamics: Internal Democratic concerns about Biden’s electability indicate possible fractures that could influence the election outcome.
• Democratic Accountability: Overruling Chevron deference restores congressional power, reducing unelected bureaucratic influence over policy.
• Democracy’s Future: Upholding constitutional principles remains crucial to preventing authoritarianism and ensuring democratic integrity.

Notable Quotes with Timestamps:

• Ben Ferguson (01:04): “And the people who are with him every day have indicated as well that it was an aberration and it is an anomaly.”
• Unnamed Contributor (07:15): “President Biden needs to demonstrate that he can do that. The unfortunate reality is that the status quo will likely deliver US President Trump.”
• Unnamed Contributor (15:51): “It is a license for dictatorship within the purview of official acts. That should be extremely alarming.”
• Unnamed Contributor (22:19): “Chevron deference... gave enormous powers to unelected bureaucrats.”
• Unnamed Contributor (27:25): “This was a victory for democracy and a victory for the Constitution.”
• Unnamed Contributor (29:34): “They want unelected bureaucrats deciding... disconnected from the harms that their rules and regulations are causing.”

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Conclusion:
This episode of The 47 Morning Update with Ben Ferguson offers a critical analysis of current political dynamics, Supreme Court decisions, and media influence, presenting a conservative perspective on threats to American democracy. By highlighting internal party divisions, judicial overreach, and media bias, Ferguson and Cruz advocate for a return to constitutional principles and greater accountability within governmental institutions.

Transcript

[Ted Cruz]

Welcome. It is Verdict with Ted Cruz, A Week in Review. Ben Ferguson with you. And these are the major stories that you may have missed that we talked about this week. First up, when will the media stop attacking Joe Biden? It's very clear they're trying to take him out right now, but will they get back in line? We're going to talk about the timeline and how important that is. Also, Donald Trump had a massive victory this week at the Supreme Court dealing with presidential immunity. And what did the media do? They immediately lied to you about what this actually means. And now they're saying, saying we may leave the country if Donald Trump is reelected as president. We'll break that down for you as well. Plus a major court case that you did not hear about in the media this week that we're going to break down for you. It's the Weekend Review and it starts right now. One Democrat that went on tv, I guess he's like the sacrificial lamb. Lamb is Representative, Democratic Representative Dan Goldman. He, he said this about the President trying to reassure Americans he's really fine, there's no cognitive decline.

[Ben Ferguson]

And the people who are with him every day have indicated as well that it was an aberration and it is an anomaly. And if that is the case, then we will see that and we will see that over the next week and he will restore our faith and confidence in his fitness. And then everything else between the two of them cuts in favor of Joe Biden. So people are right to have some concerns after that performance. I don't think there's any excuse that Joe Biden offered. I think he was trying to explain how he had such a poor performance. But he's accepted it, he's owned it, he's acknowledged it as we all have. And what we need to see from him is that vibrant and whip smart president that we have had for the last three and a half years.

[Ted Cruz]

And the people, I mean you listen to him and then you go to the facts. Biden's post debate checkup actually contradicts what the White House said. Uh, they, they have, they've now confirmed that and President Biden confirmed, and again, I'm quoting reports coming outta the White House to the Democratic governors. Remember they had this 91 1, you know, all hands on deck meeting with Democratic governors to try to reassure them that he had a medical checkup following the presidential debate, despite earlier statements from the White House press secretary on multiple occasions that he had not received any medical exam since February. We played some of that in the The White House later clarified that Biden was seen by a doctor for a brief, quote, brief checkup due to the lingering symptoms from a cold, which did not include any major tests. So even when they lie to you, they still can't. There's. They're now lying to either the governors or the American people, or they're just lying about all of it. Your thoughts?

[Unnamed Contributor]

Yeah.

Look, the cold is nonsense. The jet lag is nonsense. Everyone knows that. The issue is that he's too old and he's suffering from dementia. That is blazingly true. They're trying to distract from this. Look, I'll give you a sense of how bad it is. Even the Praetorian Guard, even the most zealous defenders of Joe Biden and the Democrats, and by that I mean the New York Times, even they're turning on it. On Wednesday of this week, the New York Times wrote a story the headline of which is, Biden Tells Allies He Knows he has Only Days to Salvage candidacy. Here's what the New York Times wrote. By the way, this is not an editorial. This is a news story. President Joe Biden has told key allies.

That he knows the coming days are.

Crucial and understands that he may not be able to salvage his candidacy if he cannot convince voters that he is up to the job. After a disastrous debate performance last week, according to two allies who have spoken with him, Biden has emphasized that he.

Is still deeply committed to fight for.

His reelection, but understands that his viability as a candidate is on the line.

The president sought to project confidence Wednesday.

In a call with campaign staff even.

As White House officials were trying to.

Calm nerves inside the ranks of the Biden administration. Quote, no one's pushing me out, Biden said in the call.

I'm not leaving.

Vice President Kamala Harris was also on the line.

Quote, we will not back down.

We will follow our president's lead, she said.

We will fight and we will win.

Rah, rah, rah. Still, Biden allies said the president had privately acknowledged that his next few appearances heading into the July 4th holiday weekend.

Must go well, particularly in an interview.

Scheduled for Friday with George Stepanopoulos of ABC News and campaign stops in Pennsylvania and Wisconsin. Quote, he knows that if he has.

Two more events like that, we're in.

A different place by the end of the weekend, said one of the allies, referring to Biden's halting and unfocused performance on the debate.

That person who talked to the president.

In the past 24 hours spoke on the condition of anonymity to discuss a sensitive situation. The accounts of his conversations with allies are the first indication to become public.

That the president is seriously considering whether he can recover from. After a devastating performance on the debate.

Stage in Atlanta last Thursday, a new.

Poll from the New York Times and Siena College showed the former President Donald Trump now leads Biden 49 to 43% among likely voters nationally, a 3 point.

Swing towards the Republican from just a week earlier before the debate.

This is. They're terrified.

And note, they're terrified about one thing. They think Biden's going to lose.

If they thought a mentally incompetent person.

Was going to win, they'd be fine. But they're terrified that there are at.

Least some people who say, gosh, maybe.

The commander in chief should, should be.

Aware of what's going on around him.

[Ted Cruz]

Final two questions for you. One, when do you think the media has to stop this onslaught of attacks on the President? Because they're going full court press. Is it another week? And then they got to dial it in case he does continue to be the nominee, they can't push him out. And number two, how important is this primetime taped interview Friday night for Joe Biden's future?

[Unnamed Contributor]

Well, I mean, let me start with number two. The interview on Friday is very important.

If he goes and just craps the.

Bed, that, that could be fatal.

I think ABC and Stephanopoulos are going.

To do everything they can to prevent that from happening. I think they're going to edit the.

Heck out of the interview. They should run it live. And anyone who cares like ABC should be embarrassed about itself that it's not running it live because their editing will be designed to create a false impression, to protect Joe Biden, to turn it.

Into a campaign video.

If they're a real journalistic outlet, you know, when I do interviews, I do them live. And if I say something dumb, you know what? The camera catches it and all the world can hear. And it's not ABC's job to be doing the PR and damage control for.

The Democrats, but that's what they're doing.

I think the interview matters a lot. I also think it's interesting you're seeing Democrats publicly breaking ship. So Lloyd Doggett, very liberal Democrat from Austin, Texas, became the first Democrat member of Congress to say the president should step aside. Two others, Jared golden of Maine and Marie Glusonkamp Perez of Washington, both Democrats, both said they believe Biden will lose in November. That's significant that you're seeing elected Democrats coming out saying that. Another one, Seth Moulton, Another Democrat from Massachusetts raised real questions about whether Biden can win. He said, quote, I deeply respect President Biden and all the great things he's done for America, but I have grave concerns about his ability to defeat Donald Trump. Winning will require prosecuting the case in the media, in town halls, and at campaign stops all over the country. President Biden needs to demonstrate that he can do that. The unfortunate reality is that the status quo will likely deliver US President Trump. We're seeing that happening more and more and more now. Your first question was, how long will the media continue to attack? Listen, on the debate night, I predicted if this is going to happen, it's going to shake out in 21 days. So we're a week into it. I think we have two more weeks ahead of us. We will go into the Republican convention in two weeks. I think we'll know what happens by then. A final point and one that has.

Not been discussed a great deal.

I think all of this drama impacts President Trump very significantly, and in particular, it impacts his vice presidential choice.

Trump is in the middle of presumably.

Picking who he wants to be vp.

Lots of names have been floated.

There are lots of short lists, lots of things discussing. Well, normally when you're picking a VP candidate, you know who your opponent is, you know what you're fighting against. In this instance, it's a very difficult situation for Trump because the kind of VP he might pick if he's running against Joe Biden and Kamala Harris could be a very different VP than if he's running against Michelle Obama. I think right now the Trump team is feeling incredibly confident. I think they think they're going to win, they're going to beat Joe Biden. I think they're feeling on top of the world. I can tell you if the news broke tomorrow that Biden was not the nominee anymore and it was going to be Michelle Obama. The Trump team, if it were not at a major emergency mode level of this is serious, then they'd be misreading the situation because Michelle Obama's the Democrat nominee is incredibly dangerous, and that could easily impact the vice presidential nominee. So, for example, if it's Michelle Obama, maybe Trump picks Tim Scott, deciding that he wants to go fight and fight more aggressively for African American votes. That's one possible consideration that maybe that's.

A little bit less of a consideration.

If Joe Biden is at the top of the ticket. So there are complicated, complicated chess moves that are playing out right now because of the uncertainty of who's going to be the nominee.

[Ted Cruz]

Now if you want to hear the rest of this conversation, you can go back and listen to the full podcast from earlier this week. Now, on to story number two. Well, even on msnbc, they were having this conversation on the SCOTUS immunity ruling, and they said, in their words, Trump could target, like journalists could target. Quote me. That's what Wallace said. And then he said, people, if he wins, will be forced to flee the country.

[Unnamed Contributor]

Listen, Supreme Court in Russia exists, but none of us think that there's a rule of law there.

When you look at this opinion, instead.

It just doesn't know it.

Yeah, yeah, exactly.

Mark Elias, we should pull the curtain back on what's actually happening, shouldn't we? People are exploring options to live in other countries if they think they could be targeted for prosecution by Donald Trump. Because targeting you or targeting me or targeting Andrew would be an official act based on today's decision.

Yeah, I mean, they could target for criminal prosecution, they could target for administrative investigation, the irs, the sec, the epa.

[Ted Cruz]

I mean, they're not just talking about death. They're talking about using the president, saying, I'm going to target everybody I want to. And use all of the things, by the way, which Democrats have done. They've used the justice system. They use the irs, the Tea Party, for example, they've gone after people and raid their homes. Steve Bannon's in jail right now. The list goes on and on and on. All the things that they're doing actually right now, before this ruling, that had nothing to do with this ruling. Now they're like, well, we're going to have to leave the country because he's just going to target all of us.

[Unnamed Contributor]

So I got to say, what utter.

Garbage, the two of them.

Oh, they're going to target us.

They're going to target us.

That's what Joe Biden is doing right now. Joe Biden, this Justice Department is the most lawless, partizan, weaponized abuse system of justice ever seen. The absolute irony of those people saying.

Oh, Trump's gonna do that.

You know what? When he was president before, he didn't do that. It is you, you dishonest, partisan hacks that are going after that have the.

Four indictment against Trump.

As you noted, Steve Bannon is in jail right now. They, they are. Peter Navarro is in jail right now. You're going after pro life protesters. You're attacking. You're refusing to go after people who are firebombing pregnancy resource centers. The absolute hypocrisy. The people who invented weaponization are now saying, well, we're scared we'll be targeted. It's utter garbage. You know, I gotta say, you're in. My friend Jesse Kelly, he tweeted it in response to this.

I think his tweet was very insightful.

He said, you know what you call it when SCOTUS reveals the President has immunity. And the first thought the communists have.

Is about using the military to execute political opponents.

In poker, that's known as a tell. For instance, if you told me that the President could do whatever he wanted.

Without restriction, my very first thought would.

Be about firing government employees and eliminating entire federal agencies. For communists, their thoughts go directly to murder. Again, a tell.

[Ted Cruz]

It's a great point. And it goes back to the insanity of all of them. They do this and then, you know, you look at the Supreme Court and again I go back to listen to Norm Eason on CNN immediately after this happens. Listen to what he says.

[Unnamed Contributor]

When the President does it, that means it is not illegal. So in this context, with what the court has decided, Norm, does this mean that Nixon basically would have been able to do what he did completely legally without any recourse?

You could have had substantial portions of Richard Nixon's wrongdoing that drove him from office because it was conducted from the Oval Office, using his official advisers to engage in break ins. A wide variety of other illegal activity would have been impossible to prosecute. Essentially what the Supreme Court majority, again, including terribly conflicted justices who have no business sitting on this case under any standard of judicial ethics. What they've done, Sarah, is rewrite American history. It goes all the way back to the founding American idea. We overthrew King George III because we did not want a ruler to have this kind of absolute immunity. And the Supreme Court has now altered that. And 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. He wants to assert autocratic powers. They've just given him a license for dictatorship within the purview of official acts. That should be extremely alarming. And it makes this momentous election really a referendum on the future of American democracy.

[Ted Cruz]

A license for dictatorship. Like, come on cnn.

[Unnamed Contributor]

What utter garbage. And again, the Freudian projection is so utterly rich. It is Joe Biden whose Department of justice is targeting its political enemies.

It is Joe Biden who is engaged.

In rampant censorship of the free speech of American citizens.

It is Joe Biden who issued a.

Blatantly illegal vaccine mandate that was thrown out by the courts, but fired thousands and thousands of active duty service Men.

And women fired FBI agents, fired border.

Patrol agents because they refused to comply with his illegal vaccine mandate. And to be clear, the court struck.

Down his vaccine mandate, but he had already gotten rid of the people he wanted to get rid of. It is Joe Biden, who repeatedly issues lawless orders, trying to give away a trillion dollars in student loans that he has no legal authority to do. He knows they'll get struck down in.

Court, but he's trying to buy votes.

That is utterly lawless. It is Joe Biden who, on the border, is ignoring the entirety of federal immigration law and has released. Has allowed 11 million people to come into this country illegally, who is ignoring the Americans who are being murdered, who are being raped by the criminals he's releasing. And yet you have these numbskulls go on CNN and say, oh, well, this means Trump can be a dictator.

Trump didn't do any of that.

Everything I just listed, Trump actually followed the law. He exercised his power. He implemented policies that proved very beneficial for the American people. It is the Democrats. And look, look. When Alejandro Mayorkas was impeached for utterly defying the law, for refusing to follow immigration law, every single Democrat in the Senate, all of them voted to throw out the case and to hear no evidence. So they don't care about the rule of law. They care about power. The reason they're angry and hyperventilating is because this case is an effort to weaponize the justice system, to stop the voters from voting to elect Donald Trump. And this ruling they view as getting in the way of what they want to do, which is weaponize the justice system, to subvert democracy. The irony is, he says, this is a blow to democracy. What they're doing is an attack on democracy, and they're frustrated that their attack on democracy is not working.

[Ted Cruz]

Senator, my final question for you now is the politics of this. You got Twitter going crazy in the left saying, all right, we'll just take out Donald Trump, which is, I thought, against the law, but apparently not. You've got the media saying, well, this means that Donald Trump, if he gets elected, is gonna be a dictator and a tyrant, and he can just lock everybody up so people are gonna have to flee the country. And now, in a weird way, this kind of gets the Democrats out of out of jail free card with the court cases, which I believe have been backfiring on them. Uh, they've only been helping. Every time they go after Trump legally, it seems to help Donald Trump. Is this in a weird way of blessing in disguise politically for the Democrats? They can kind of just put pause and Jack Smith can go away and Alvin Bragg can kind of go away for a little bit, and we just kind of have a normal election now.

[Unnamed Contributor]

You know, I think you may be overthinking it.

I don't think they're capable of thinking.

Strategically, irrationally on this. They just hate him.

They want to attack him on every front. It is always about Orange man bad.

It is always about Trump is the devil.

And so they're just going to have, you're going to see cries of frustration.

You'Re going to see tears on msnbc. Trump winning terrifies them.

Look, these cases, the Jack Smith case.

Is not going to proceed before the election.

It's going to take significant time to brief out and decide the immunity questions.

That now have been sent to the lower court.

And it's not clear that any of the Jack Smith case survives. Once you go through the analysis of what constituted an official action, either an exclusively official action or an official action.

With shared authority with Congress, very little.

If any, of the Jack Smith indictment.

Will survive that analysis.

But, and actually, Alvin Bragg, it's interesting. You know, we were supposed to have the judicial sentencing of Trump two days before the Republican Convention. That now is going to be delayed. And the reason it's going to be delayed is as soon as this decision came down, Trump's legal team asked to brief the judge there as to why those convictions should be thrown out under the reasoning in this Supreme Court decision. And the court said, yes, that the court will consider legal arguments on that question. And that meant that the sentencing had to be delayed. And Alvin Bragg agreed to delay the sentencing. Now, I gotta say, he pretty much had to. With this decision coming down, it is.

Obvious that the court at least needs.

To consider what is the relevance of this decision to the convictions against Donald Trump. Now, the court said when it was scheduling arguments that it thought that the arguments were baseless. So I'm going to predict right now the New York judge is going to say, no, this, that decision doesn't change anything. And it is true that the conduct.

At question occurred before Trump was president.

And so it is in no way, shape or form an exercise of presidential authority. And so there are lots of reasons why the decision from the New York trial court is an absolute abomination and an abuse of power, and why it will be reversed on appeal. But it may well be that, that it's not going to be because of this decision, because this decision concerns the exercise of presidential powers. And Trump was not president when the.

Conduct in question occurred as before.

[Ted Cruz]

If you want to hear the rest of this conversation on this topic, you can go back and download the podcast from earlier this week to hear the entire thing. I want to get back to the big story number three of the week you may have missed. Senator, there's another important issue I know you wanted to bring up. It is one that has not been on the front pages of newspapers. And that doesn't mean it's not important. In fact, it's very important. Explain to us about this significant ruling that came down.

[Unnamed Contributor]

So last week, the U.S. supreme Court decided a decision called Loper Bright Enterprises vs. Raymondo. And what the court did is it overruled a 1984 decision of the Supreme Court, the Chevron decision. And that was a decision Chevron vs. Natural Resources Defense Council. The Chevron decision created something that is called Chevron deference. Now, what is Chevron deference? It was a doctrine that said the courts will defer to federal agencies on rules and regulations so long as that rule and regulation is, quote, reasonable. What it did is it gave enormous powers to unelected bureaucrats. And Chevron, you can trace in a very direct line the rise of the administrative state, the rise of unelected bureaucrats issuing rules that are incredibly costly to the American people, incredibly harmful to the American people. You can trace that rise to the Chevron doctrine because when an agency of unelected bureaucrats issued a brand new rule, the courts would enforce that rule and say, well, it's the expert agency. And so we're going to give force to what they say, even if Congress never passed this into law. And so the court last week overruled Chevron. What that means now is that it is Congress, it's the elected members of Congress that have to make policy decisions that impact the American people, not the armies of bureaucrats who have no democratic accountability.

[Ted Cruz]

What type of precedent will this have moving forward? And what is the state of corporations as well?

[Unnamed Contributor]

Well, what it will do is weaken federal regulators. And let's take for example, the facts here. So the facts here concerned a family fishing company. And the federal government issued a regulation that required the family fishing company, number one, to allow a fishing monitor a person on board their ship, but also forced the family fishing company to pay the salary of the federal fishing monitor, even though the law passed by Congress had no such requirement. So in other words, this regulator said, okay, you the fisherman, you got to allow a federal bureaucrat on your ship and you got to pay a salary. Why? Because we said so. Because we Want you to pay a salary. And the court said, well, wait a second. When Congress passed the law, it didn't say that. Where did you this come up with, where did you come up with this? You just made this up. And so in this case, I, I led an amicus brief, a friend of the court brief in the Supreme Court. It was joined by 17 other senators. Mike Johnson, the speaker of the House, led an amicus brief in the House of Representatives. Let me read you the first couple of paragraphs of the brief that I filed in the Supreme Court. Here's the summary of the argument. Quote, the court should unequivocally abandon the contemporary Chevron deference doctrine because it contradicts Articles 1, 2 and 3 of the Constitution. Decades of application of Chevron deference have facilitated the exercise of functions by the executive branch that more properly belong to the legislative and judicial branches. Agencies exploit general or broad terms and statutes to engage in policy making functions questionable legality with the assumption that the courts will grant deference and not independently evaluate the lawfulness of those agency interpretations. And then I quote from, from a dissent of Justice Thomas's, quote, the founders expected that the federal government's powers would remain separated and the people's liberty secure only if the branches could check each other. Therefore, the Constitution imposes structural constraints on all three branches and the exercise of power free of those accompanying restraints subverts the design of the Constitution's ratifiers. The court agreed with the amicus brief that I filed for 17 senators. It agreed with the amicus brief Mike Johnson, the Speaker of the House, filed for a number of House members. And the result today is there is more power in the elected members of Congress. And the reason that matters is where power resides. You want it to reside where there's accountability. If Congress votes for an idiotic law that hurts the American people, you know what the voters can do? They can throw the bums out. If an unelected bureaucrat issues a rule that says, I don't know, fishermen, you got to let a bureaucrat on your boat and you got to pay a salary.

Well, you know what?

You can't fire that bureaucrat. That bureaucrat doesn't run for office. That bureaucrat doesn't do town halls. That bureaucrat never sees the people he's hurting. And so this was a victory for democracy and a victory for the Constitution, which of course means Democrats and the media are horrified.

[Ted Cruz]

You know, this reminds me so much of the parallels and what you're describing with what we saw with Dr. Fauci. A guy elected by no one, making more money than anybody else in the United States government. Literally, that's not a joke. Making more than the president makes and being able to basically make up and put laws on all of us and in certain, you know, lockdowns, etc on all of us and change the entire way we did our life. And there was in essence, no checker balance for him. This seems like where the country is moving now, paying attention more to these type of situations.

[Unnamed Contributor]

Well, and look, we see a whole series of decisions from the Supreme Court that are all about enforcing the Constitution and enhancing democracy. You take the Dobbs decision that overturned Roe versus Wade. What did it do? It moved questions of abortion that are hotly contested, that people passionately disagree on. It move them to the elected branches of government. It moved them to the 50 states where the citizens of each state could decide what should the rules be in your state. And nobody would expect that Texas would have the same rules that California has because the citizens have different values and, and where there are contested policy issues that ought to be the voters deciding. Now, interestingly enough, even though Democrats and the corporate media love talking about how much they want to defend democracy, they are horrified whenever the voters actually get get to decide. They want unelected judges deciding so long as they agree with what the judges are deciding. And they want unelected bureaucrats deciding. And they know they're gonna agree with that because the bureaucrats are overwhelming the left wing and disconnected from the harms that their rules and regulations are causing.

[Ted Cruz]

As always, thank you for listening to Verdict with Senator Ted Cruz, Ben Ferguson with you. Don't forget to download my podcast and you can listen to my podcast every other day. You're not listening to Verdict or each day when you listen to Verdict afterwards. I'd love to have you as a listener to again the Ben Ferguson Podcast. And we will see you back here on Monday morning.