← The 47 Morning Update with Ben Ferguson
The 47 Morning Update with Ben Ferguson
Rats Fleeing the Ship: Debate Aftermath & Democrat PANIC
00:43:15
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- [00:01]
Ben Ferguson
Welcome. It is Verdict with Senator Ted Cruz. Ben Ferguson with you as well. Senator. The debate fallout is continuing. You thought it was a bad night on debate night. It's gotten a lot worse for the President.
- [00:15]
Senator Ted Cruz
It's gotten much, much worse. The debate heard round the world. We recorded a special podcast the night of the debate, within an hour of it concluding, we put it out. By the way, if you didn't hear our analysis that occurred Thursday night, you should go back and listen. It was Friday's podc. It was one of the most downloaded pods we've ever done because it was immediate analysis of what's happened. We're now sitting there a few days later, and a few days later, the fallout continues to be massive. I said the night of the debate, this is the most consequential presidential debate in United States history. I still believe that. This weekend I talked to President Trump. I gave him a call. I told him he did a phenomenal job on the debate. I told him I thought it was his best debate performance he's ever done. He and I have stood on many of those debate stages together. And so I'm intimately familiar with how President Trump debates. And I think he was, as I told him this weekend, he was calm, he was measured, he was under control. And most importantly, he let Joe Biden talk and hang himself, because the greatest damage that was done was when Biden was talking and his brain was short circuiting and the entire world saw that. On Thursday night, we're going to break down the fallout and what's coming next. We're also going to talk about the landmark Supreme Court decision that came down last week, overruling what's called the Chevron doctrine. This is a big victory for the Constitution. This is a big victory for democracy. So, of course, left wingers who love the regulatory state are weeping and gnashing their teeth. We're going to explain it all.
- [01:55]
Ben Ferguson
I got a lot of questions on the Trump call, so we're going to do that in a second. But let me tell you about my friends at Blackout Coffee. I literally now get dozens of messages from you guys almost every week that have now tried blackout coffee. And the same thing is said virtually every time. Ben, thank you. You weren't joking. This coffee is amazing. It is premium, it's next level, it's a great value, but it's premium coffee now. I start my day every morning on the radio at 7am I've got to be awake, I've got to be alert, and I'm not going to have an average cup of coffee anymore. I did that for literally decades. No longer. Blackout coffee is premium coffee made by an incredible group of people that actually stand for conservative values. They started the blackout coffee for that reason. You know, there's a bunch of liberal coffee companies out there. You probably thought of a couple names instantly when I said that, and that's when they said, no more. We're not giving those our money to these woke corporations. We're going to start our own. And they did it. Blackout Coffee is 100 committed conservative values. From the sourcing of the beans to the roasting process, customer support, and shipping. They embody true American values and they accept no compromise on taste or quality. Now, I want you to try it. I'm going to save you 20 off your order. Go to Blackout Coffee.com verdict. That's Blackout Coffee.com verdict. And use the coupon code verdict for 20 off your first order. Blackout Coffee.com verdict. Be awake, not woke. That's Blackout Coffee dot com verdict. Promo code verdict. All right, so there's a million people that have asked me this question when I've had conversations on the phone with Donald Trump. So I'm going to ask you the same question that everyone asked me. How do you get in touch with Donald Trump when you're the one calling him? How does that work? And then do you get him right away?
- [03:49]
Senator Ted Cruz
So I call his phone and it varies. Sometimes sometimes he answers, other times he doesn't. And he usually calls me back. In this instance, he didn't answer, and he called me back about 20 minutes later.
- [04:00]
Ben Ferguson
And so when he calls you back, like, how does it work? Is it talking, like, to a friend or is it more formal? What's that like?
- [04:06]
Senator Ted Cruz
Oh, yeah. Oh, yeah. Look, I mean, President Trump and I have been through a lot of battles together, initially on opposite sides, and then for a lot of years side by side. When he was president, I was by far his strongest ally in the US Senate all four years of his presidency. And so he and I talk regularly. But just after this debate, I wanted to call and tell him I thought he did really a terrific job. And as I said, it's the best I've seen him because he was measured and in control. He didn't let Biden bait him excessively. Biden was trying to bait him, and he didn't take the bait. And in particular, he gave Biden airtime. That's not an natural instinct for President Trump. He likes to fill up the oxygen. But what needed to happen is for people to see just how diminished Joe Biden was. And the only way to do that is to keep your mouth shut and force Biden to talk. Ironically, the thing that really hammered Biden was the thing he and his team insisted upon, which is the microphones being shut off when the other person was talking. That meant that neither candidate had an incentive or temptation to interrupt because their mic was off, and so it wouldn't be heard if they did try to interrupt. That ended up leaving Joe Biden alone on a sinking ship, because the only thing that could rescue him was his own words. And we saw multiple times where he just got completely confused and lost and didn't know what he was saying. And you could see it on the expression of the moderators of Jake Tapper and Dana Bash. They both looked with complete horror at just how much Joe Biden was crashing and burning.
- [05:53]
Ben Ferguson
What was President Trump's just reaction to Biden? Did he even think it would go this well for him or really this bad for Joe Biden? Was he as much shock as I think everyone else that was watching?
- [06:05]
Senator Ted Cruz
Well, look, I don't want to share what he said just because conversations I have with President Trump, I'm going to respect what he said. I'll share what I said, though, which is that I'm concerned that the debate went so well that they're gonna yank Biden from the ballot. And I repeated to him what I said on the podcast, which is that this will be the most consequential debate in American history if it ends up changing the names on the ballot, if it ends up forcing the Democrat Party to pull the plug on Biden and replace him. And as I've said multiple times going back to nine months ago, I predicted they would pull. Pull Biden out and replace him with Michelle Obama. I think that will happen in the next three weeks. I think we have a short fuse on that happening.
- [06:53]
Ben Ferguson
All right, so I've got a million questions on that, and I've been getting them on social. You may have been seeing some of the same questions. Democrats say that Donald Trump is a threat to democracy, that the Republican Party is a threat to democracy, that they're the people that care about democracy. How would they justify pulling Biden replacing them with a him with a candidate that no one voted for in an election cycle, and then said, here it is. How is that democracy? And it's a fair question I think a lot of Americans are asking right now.
- [07:28]
Senator Ted Cruz
Well, listen, at the end of the day, under their rules, each party selects their nominee, and they have provisions. If a nominee is Incapacitated. Look, if either Donald Trump or Joe Biden fell over dead tomorrow, it's not like the Republican or Democrat Party would say, okay, well, I guess we don't have a presidential nominee. Never mind. You replace someone and that happens. It has not happened with presidential candidates, but it happens sometimes with congressional candidates, sometimes with Senate candidates or House candidates, where people have. Either they die or they have health issues that prevent them from running. And so the natural way for the Democrats to do this would be with Joe Biden's cooperation that he comes forward and says, you know, my health has deteriorated such that I'm no longer able to be a candidate. I thought I would. I thought I could when we launched the campaign, but I'm no longer physically able to be a candidate for four more years. And in that instance, I think we would see the Democrats replacing him. The exact procedure is complicated, and it's much more complicated if Biden is not willing. If he's not willing, it becomes practically impossible. And so a critical, critical piece of this is, can the gray beards of the Democrat Party collectively pressure him to say enough is enough?
- [08:58]
Ben Ferguson
Yeah, they certainly don't seem to be leaning towards him dropping out. They've been doubling down. They had their event after that night of the debate, and the next day they had another event. And they're trying to get him out there looking like everything's fine and quote, he just had a cold. That was one of the parts that made me laugh was how they're like, we had a cold. He had a cold. Well, this was just because he had a cold. I don't think that helps him. I don't think people will believe that it was a cold that caused him to have a terrible night. It's insulting, I think, to many voters. I actually think that can make it even worse.
- [09:30]
Senator Ted Cruz
Well, and the White House spin was, well, he's usually lucid between 10am and 4pm and so we've just learned to do any White House meetings during those hours because that's when his brain operates. And you think about that as their explanation. And you're going, oh, okay, that's good. Maybe Putin and Xi, before launching a military attack, maybe a terrorist before murdering Americans, will be sure to do it between 10am and 4pm because, you know, if you do it after, after Luby's is closed, after. After the jello at the cafeteria, I'm afraid the commander in chief is just not there and not able to handle it. Like. Like that is a terrifying statement. And that is from the White House.
- [10:19]
Ben Ferguson
So the only way that this goes smoothly, I guess, and this is a great point of clarification, is if Joe Biden willingly said, in essence, hey, I'm gonna step aside. There's no indication he's gonna do that. So far, based on what the White House and what Joe Biden and the first lady are doing, they're wanting to squash this instantly. We also got a tweet, and I think we mentioned this in the last pod, but Barack Obama finally came out and said, hey, he's our guy. Here's his website. Basically, almost 24 hours after the disaster, the debate, you can read into that what you want, but if Joe Biden and Joe Biden say, we ain't going anywhere, then the Democratic Party, in essence, has their hands tied pretty much, right?
- [11:08]
Senator Ted Cruz
Well, maybe, maybe not. So look at the debate that is playing out real time. So Barack Obama jumped out pretty quickly in his tweet. Let me read it all, because it's relevant what he said. Obama says, circle the wagons. Bad debate nights happen. Trust me, I know. But this election is still a choice between someone who has fought for ordinary folks his entire life and someone who only cares about himself, between someone who tells the truth, who knows right and wrong and will give it to the American people straight, and someone who lies through his teeth for his own benefit. Last night didn't change that, and that's why so much is at stake in November. So that's Obama trying to tell Democrats, circle the wagons. Now, David Axelrod, Obama's political guru, here's what he put out. He said, quote, reality check. Joe Biden is the nominee of the Democratic Party, nominated by voters in primaries across the country. Unless the POTUS himself decides to quit, which he won't, that issue is settled. The discussion that is going on now was timely a year ago when few wanted to have it. It's largely irrelevant today. Now, I'll point out, a year ago, Axelrod was saying this. He was saying, Biden's too old. But what is striking. So you've got a couple of folks there saying, stick with. Stick with Biden. But you've also got the New York Times. And the New York Times put out a blistering editorial, a blistering editorial calling on Biden to drop out, saying his candidacy is a reckless gamble. And it's not just the New York Times. The Chicago Tribune also called on Biden to drop out. The Washington Post editorial board strongly suggested that Biden quit the race. And so if you look at the powers that be in the Democrat Party. The corporate media is intertwined and is in fact, the left wing of the Democrat Party. And seeing the New York Times, the Chicago Tribune and the Washington Post all coming out against Biden, we've never seen anything like that in his entire presidency.
- [13:19]
Ben Ferguson
Well, we also have this new report. I want to get your reaction from NBC News. It said that President Joe Biden is having a family Kumbaya meeting Sunday to talk about his reelection campaign with family following a nationally televised debate that left many fellow Democrats worried about his ability to beat former President Donald Trump. So they're not really worried about his cognitive decline. They're just worried about the fact he may lose. And in that article, it said, quote, biden was described by one person familiar with his mood as humiliated, devoid of confidence, and painfully aware that the physical images of him at the debate, eyes staring into the distance, mouth agape, will live beyond his presidency. Now, that's what NBC News reported about his general, I guess, mood. And then there was other things that were said in there. Basically that, look, this is a guy who is smashing the glass in the glass in case of emergency phase of his presidency is how they described it. That's coming from NBC. That's shocking.
- [14:25]
Senator Ted Cruz
Yeah. And let me say the point you made just there is really important. The Democrats who are panicking, who are freaking out, the editorial boards who are panicking and freaking out, they don't care that the president of the United States is not mentally competent. They don't care that the president of the United States is, in the words of the Biden Department of Justice, not mentally fit to stand trial, not competent to stand trial. They don't care about that. They don't care that the commander in chief can't string two sentences together. Look, the man I saw in that debate stage, I'm not sure I'd let him drive a car, much less have his finger on the button. Yeah, no Democrat cares about that at all. They don't care that the White House is saying he can't handle any crisis that happens. If it happens before 10am or after 4pm and even then, it's, it's, it's touch and go. None of that matters. The reason they're panicking is one thing. They're like, oh, he's gonna lose. He's gonna lose to Trump. And then suddenly like, okay, now it's a problem. Now we need someone else. It really is sad that there is no one stepping forward and saying, this is dangerous for America. Look, if you haven't seen it, one thing I retweeted and it's visual, so it's gonna be very hard to describe on an audio pod. But John Stewart, right after the debate put together a montage of images of Biden when he wasn't speaking. And it is damning. It's hysterical, but it is damning. You just read that quote from NBC News. The look of just complete confusion. Didn't know where he was. Just looking around like someone clearly not in control of his faculties. And here's how Jon Stewart, the comedian referred to it. He, he, he, he said it's not often you see someone with resting 25th amendment face. That was John Stewart's phrase. And by the way, the 25th Amendment is the amendment to the constitution that provides for removing a president from office, a sitting president, when he is no longer competent to do the job. And, and, and that look, that's the punchline of a joke, but it's not much of a joke.
- [16:39]
Ben Ferguson
Yeah, it's a, it's a great point. I gotta ask you about the 25th in a moment because there's a lot of people asking questions about that. But if. Let me tell you real quick about my friends over chalk. As I mentioned, when you get older, you start to get that fatigue that sits in you feel like you don't have that energy to go work out. Maybe you started gaining weight. Well, I was one of those and I'm now down like over £60. 63, £64 since last August. And I started taking chalk. Why? Because chalk helps you maximize your masculinity by boosting your testosterone levels up to 20% over 90 days. I've been taking it now for over a year. I can tell you it works. Men's testosterone levels are off a cliff, historically at an all time low. And thankfully the patriots at Chalk Choq are here helping men just like you take back your right to proudly maximize your masculinity by boosting testosterone levels up to 20% over 90 days. Manufactured right here in the US of A. Chalk's natural herbal supplements are clinically proven to have game changing effects on your energy, your focus, your mood. I can tell you it works. That is how I have been able to lose so much weight. So if you're ready to get off the couch, you're ready to feel like you're a little bit younger, you're ready to get that energy back. Try chalk. Go to choq.com use the promo code BEN for a massive discount on any subscription for life. That's choq.com promo code BEN for lifetime savings on a subscription. So you get your stuff when you need it, month after month. And it's a limited time. Offer subscriptions also, just so you know, cancelable at any time. I love this stuff. Try it. Choq.com promo code BEN check out the mail Vitality stack. That's what I take. And you will love it too. Senator, you mentioned the 25th and it's a complicated issue. Can you break it down? Let's say that he has the meeting with the family. It comes out this week that he's not going anywhere after this family meeting, this Kumbaya and Democrats then just say we got to turn on this guy. How does it work? How does the 25th work? And would Republicans have to go with it?
- [18:54]
Senator Ted Cruz
No, no. It can be done by by the Vice President and a majority of the cabinet. And the provision that is relevant the 25th amendment is section four of the 2020 fifth amendment. Here's what section four says. Quote Whenever the Vice President and a majority of either the principal officer officers of the executive departments, that means the cabinet, Cabinet members, or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. The Vice President shall immediately assume the powers and duties of the office as Acting President. Thereafter, when the President transmits to the President pro tempore of the Senate and the speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President a majority of either the principal officers of the executive department or as such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, thereupon Congress shall decide the issue assembling within 48 hours for that purpose. If not in session. If the Congress within 21 days after receipt of the latter written declaration, or if Congress is not in session within 21 days after Congress is required to assemble, determines by 2/3 vote of both houses that the President is unable to discharge the power and duties of his office, the Vice President shall continue to discharge the same as acting President. Otherwise the President shall resume the powers and duties of his office.
- [20:49]
Ben Ferguson
So this could happen in theory if they decided to do it. But it would take Kamala Harris and the Cabinet going against the President very quickly.
- [20:59]
Senator Ted Cruz
It could happen today. If you had a written declaration signed by Kamala Harris and a majority of the Cabinet, they would submit that written declaration to the President pro tem of the Senate and the speaker of the House. And as soon as they do so, Kamala Harris is the acting President. Joe Biden is no longer the President. Now, the next step would be, does Joe Biden fight him? Joe Biden could then submit a written statement saying, I'm just fine, dammit. And if that happens, then it gets kicked to Congress and Congress has to decide. And it takes 2/3 of both houses to conclude that the President is unable to perform his duties. And so that. Listen, that is by design, a high threshold. Removing a president is not a big deal. Look, if it's triggered by the Vice President and majority of the Cabinet coming to that conclusion, that is a massive shift.
- [22:02]
Ben Ferguson
Obviously, you're like me. We're flying blind because we don't have a bunch of insiders at this Biden's White House and not many friends in the Cabinet. What are the chances, just your gut on that even happening?
- [22:20]
Senator Ted Cruz
Well, I'll give you a little bit of the legal background. So the principal draftsman of the amendment was a man named John Feerick, and here's what he wrote. He said that Congress deliberately left the terms unable and inability undefined. Quote. Since cases of inability could take various forms, not neatly fitting into a rigid definition, the Debates surrounding the 25th Amendment indicate that those terms are intended to cover all cases in which some condition or circumstance prevents the President from discharging his powers and duties.
- [22:56]
Ben Ferguson
So this is again, all up to the Democrats to, in essence, decide the fate of Joe Biden, whether they stick with him, if they can't push him out, or if they say, you know what, we're going to do it anyway because you're not listening to us, it's one way or the other.
- [23:09]
Senator Ted Cruz
That's right. And by the way, there are 15 members of the Cabinet, Secretary of State, Secretary of Treasury, Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, the Secretary of Veterans affairs, and the Secretary of Homeland Security. And so it is those 15, eight of them, plus Kamala Harris, could remove Joe Biden as President today.
- [23:45]
Ben Ferguson
Let me ask you another question, and that is Joe Biden moving forward? If he stays, there's another debate on the schedule. There was an interesting commentary on Fox about this. And I want you, I want you to listen and get your reaction in the offering.
- [24:00]
C
Well, before that we get to that, I want to elaborate on that a little bit. I want to, I want to ask you, you've worked in White Houses. How could the, how could the advisers who've been working closely with him, I mean, they prepped him for a week in, in detail. I mean, they clearly knew his capacities. Okay, they, they know that enough because they always lay him out with a teleprompter. They don't give him a lot of impromptu possibilities. They write scripts for him. How could they let this happen, Paul?
- [24:31]
D
I don't know. And that is the great unanswered question. Look, the people in the White House not only know his capabilities, they deal with him day in and day out. They never should have agreed to this debate. It was completely unnecessary and they had to know about his limitations. And bluntly, a week out, 10 days out, if they sensed this, there was ample opportunity for an international crisis or crises to lead to a cancellation. Every decision the White House staff made, including the briefing for Thursday night, failed. But the fundamental judgment on this debate and participation was the wrong one.
- [25:13]
Ben Ferguson
That's a former adviser to the Clinton White House who's saying that. How on earth would you even move forward if you, if he stays, is he stuck now? He's got to do the second debate, or would you cancel and use whatever B.S. hey, I've got a cold, so I can't show up tonight.
- [25:29]
Senator Ted Cruz
Look, who knows? I mean, let me point out that once again shows the cynicism of today's Democrats. You know what he's saying There is. They should never agree to the debate. Why? Because he's not mentally competent at all. And if he does a debate, the American people will realize that their commander in chief can't tie his own shoes. They're not worried about having a president who can't tie his own shoes. They're not worried about having a president whom our enemies think is a joke. They're not worried about having a president whose. Who the people who wish harm in America look to. I mean, every enemy of America watched that debate Thursday night. And listen, if you want to do something bad, talk about a screaming invitation. There is nobody in this White House who is scaring, intimidating anyone, and that's really bad. Look, it was painful to watch the debate. It was brutal.
- [26:27]
Ben Ferguson
Yes, someone described it to me afterwards, and the analogy was spot on. It was like watching a funeral of a person that was still alive.
- [26:35]
Senator Ted Cruz
And by the way, Has a single Democrat, has a single media outlet apologized to the American people for lying for the past three years? Yeah, because they've said over and over again, oh, he's fit. He's so able. He's like the smartest, most brilliant person you've ever seen. They knew that was a lie. They knew that was a lie before the debate, and they kept on telling that lie. They kept on telling that lie over and over and over again.
- [27:02]
Ben Ferguson
By the way, it's interesting that a lot of the people in the Democratic Party are saying he's got to go. All these editorials are saying he's got to go that you mentioned. But there's two old people in Washington, Chuck Schumer and Nancy Pelosi. They're acting like the debate the other night didn't even happen. Here is Nancy Pelosi when she was asked a question about it.
- [27:21]
D
What do you make of Democrats calling for Biden?
- [27:25]
Senator Ted Cruz
I don't know who's doing that. I don't know who's doing that.
- [27:28]
Ben Ferguson
I don't know who's doing that. I don't know who's doing that. I don't know. I'm not doing it. Quote, unquote. That's Nancy Pelosi. Like, give me a break.
- [27:37]
Senator Ted Cruz
They're trying desperately to be in denial here. I want you to listen to this montage of Democrats talking about how sharp and fit Biden is and how on his game he is. Just listen to this montage.
- [27:49]
E
He is sharp, intensely probing and detail oriented and focused.
- [27:55]
Senator Ted Cruz
This is a man who is sharp, who is on top of his game, who knows what's going on. This guy's tough.
- [28:00]
Ben Ferguson
He's smart.
- [28:01]
Senator Ted Cruz
He's on his game.
- [28:02]
Ben Ferguson
His mental acuity is great.
- [28:03]
Senator Ted Cruz
This is a very sharp president. This is a man that's on his game. President Biden is absolutely fit. There's not a problem. He's sharp, he's fit.
- [28:14]
C
He's always answering questions.
- [28:16]
Senator Ted Cruz
He is on the. He was sharper than anyone I've spoken to. He is sharp. He is on top of things. There's no doubt in my mind that the president is mentally fit for office.
- [28:25]
D
Biden has proven himself to have a strong memory.
- [28:28]
Senator Ted Cruz
He's completely mentally sharp. He's at the top of his game.
- [28:33]
Ben Ferguson
He's at the top of his game. I mean, these are all the people around him. By the way, many of those would have to be. Would be the same people that would have to decide to move forward with the 25th who are telling you the top of his game.
- [28:44]
Senator Ted Cruz
Well, but remember, they care about power over everything else. And so if they become convinced that Biden loses, rats fleeing from a sinking ship would not move as fast as they will move.
- [29:04]
Ben Ferguson
Yeah, that's a great way to discuss in this part of the discussions, that's for sure. All right.
- [29:10]
Senator Ted Cruz
And actually, hold on a second. I want to play something else. Sure. Which is I want to play a contrast of two different moments in debates. Number one, I want to play a segment from a debate back in 2012. 2012, Joe Biden was vice president and he was debating Paul Ryan, who was the Republican nominee to be vice president. He was running with Mitt Romney. I want us to play that. And then I want us to play just a clip from Thursday's debate. So in 12 years we'll hear how much it's, it's changed. Let's start with this is Joe Biden debating Paul Ryan 12 years ago in 2012. Give a listen.
- [29:47]
E
You can cut tax rates by 20% and still preserve these important preferences for middle class taxpayers.
- [29:52]
Senator Ted Cruz
Not mathematically possible.
- [29:54]
E
It is mathematically possible. It's been done before. It's precisely what we're proposing.
- [29:58]
Senator Ted Cruz
It has never been done before.
- [30:00]
E
It's been done a couple of times.
- [30:01]
Senator Ted Cruz
It has never.
- [30:02]
E
Jack Kennedy, lower tax rates, increased growth. Ronald Reagan.
- [30:05]
Senator Ted Cruz
You're Jack Kennedy.
- [30:06]
E
Ronald Reagan. Republicans and Democrats. Republicans and Democrats have worked together on this. You'll understand. You guys aren't used to doing bipartisan.
- [30:16]
Ben Ferguson
What we're going to do when we.
- [30:17]
E
Did it with the framework, let's work together to fill in the details. That's exactly the detail. That's how you get things done. You work with Congress. Look, let me say it this way.
- [30:27]
Senator Ted Cruz
This is coming from the Republican Congress working bipartisanly.
- [30:30]
E
Mitt Romney, 7% rating.
- [30:34]
Ben Ferguson
You listen to that in 2012. That's a guy that was, I would argue, sharp. I may not agree with anything he's saying, but he was a very good debater that night.
- [30:44]
Senator Ted Cruz
Yeah, yeah, look, he was coming on hard, by the way, 2012 is what I was elected. That was the vice president who swore me in. That's the Joe Biden who I knew who swore me in. And you look at his line to Paul Ryan. Oh, now you're Jack Kennedy. I mean, and he's, if you watch the video, he's grinning ear to ear. It was very effective. He was sharp, he was engaged, he was back and forth. Now listen to just a snippet from Thursday night. 12 years later, you can see he.
- [31:14]
F
Is 6 foot 5 and only 223rd pounds or 235 pounds. Well, you said 6, 4, 200. So anyway, that's what you. Anyway, just take a look at what he says he is, and take a look at what he is. Look, I'd be happy to have a driving contest with him. The rema. I got my handicap, which when I was vice president, down to a six. And by the way, I told you before, I'm happy to play golf if you carry your own bag. Think you can do it?
- [31:44]
Senator Ted Cruz
That's the biggest lie.
- [31:45]
Ben Ferguson
He's a six handicap of all.
- [31:47]
F
I was eight handicapped. Eight. But I have. You know how many I've seen you swing? I know you swing.
- [31:56]
Senator Ted Cruz
President Trump.
- [31:56]
Ben Ferguson
We're going to. I mean, you hear that? And the funny part was, he's the one that, like, was like, hey, I'll. I'll play golf with you and I'll show you. They're. They're not even the same human being.
- [32:07]
Senator Ted Cruz
No, no. It. It is dramatically different. And, and, and listen, all of us are aging. All of us will shuffle off this mortal coil. We are headed that direction eventually, but different people age at different speeds. And Joe Biden is a very, very old 81. And the diminishment is indisputable. And that's why the Democrat Party, and that's why the corporate media are panicking. And let's be clear, the COVID of Time magazine, the title is Panic with Joe Biden walking off the stage. Because it is indisputable now. And none of the Democrats care that it's a problem that the President isn't fit. They care that politically the voters might be concerned that the President is not fit.
- [33:01]
Ben Ferguson
Yeah, great point there. I want to tell you about our friends over at Ammo Squared. If you are like me and you want to make sure you got ammo and you don't want to overpay for it, and you don't want to not have it when there's the next crisis, the next run on ammo, like we saw during COVID and you're paying 3, 4, 5x what you were before. You gotta check out Ammo Squared. They're incredible. Ammo Squared helps you stock up on ammunition automatically. It's truly automated. Set it, Forget it. Ammo purchasing program. You pick your calibers, you set your budget, and then you select the shipping trigger, and that's it. Now, your ammo grows over time, and the best part is it is stored for free as it builds up and is shipped with a click of a button or automatically, whatever you want to do it's like an ammunition subscription on steroids because you aren't forced into a set budget or forcing a shipment every month where you got to move around. Ammo Ammo Square. They offer 60 different caliber options. And if you ever want to get rid of one caliber you've been buying, you can trade it in for another. It's actually that easy. Now the other part is this. Maybe you get a bunch of ammo saved up and you can do this with as little as a few dollars a month. You can use dollar cost averaging to your advantage. And if prices skyrocket and you want that ammo, you can grab it all or you can sell it back to them for big profits. Everything is managed online using a simple web app. Forget about moving heavy case of ammo in your garage or your home or where to store it. You can do it all for free at Ammo Squared with their storage and you can exchange your inventory from one caliber another in seconds. There's no minimum to buy, no memberships needed and no extra fees. Customers can buy ammo on a small budget and then watch it grow over time like a savings account. All you got to do is sign up at ammo squared.com Ben ammo squared.com Ben and if you do that, you're going to get free ammo in your account today. Ammo squared.com ben and get free ammo in your account today. 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.
- [35:24]
Senator Ted Cruz
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.
- [37:04]
Ben Ferguson
What type of precedent will this have moving forward? And what is the state of corporations as well?
- [37:10]
Senator Ted Cruz
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 of 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 Descent 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 gotta let a bureaucrat on your boat and you gotta 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.
- [40:50]
Ben Ferguson
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.
- [41:01]
Senator Ted Cruz
Literally.
- [41:02]
Ben Ferguson
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 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.
- [41:24]
Senator Ted Cruz
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 overwhelmingly left wing and disconnected from the harms that their rules and regulations are causing.
- [42:39]
Ben Ferguson
Yeah, great point. Don't forget, we do this show Monday, Wednesday and Friday. Make sure that you hit that subscribe or auto download button. There's going to be a lot to talk about coming up in the next several weeks. Obviously, with Joe Biden, does he stay or does he go? What will Democrats do next? We'll cover all of that for you. Also, we got the Republican convention coming up as well, so you're not going to want to miss that. And the center. I will be back with you in a couple of days. Don't forget, on those in between days, grab my podcast, the Ben Ferguson Podcast. I'll keep you up to date on the latest breaking news, and we'll see you back here on Wednesday morning.