The 47 Morning Update with Ben Ferguson

Episode: Senator Ted Cruz SPIED ON by Jack Smith! 'Nuff Said!

Date: October 22, 2025
Host: Ben Ferguson
Guest: Senator Ted Cruz

Overview

In this episode, host Ben Ferguson delivers an in-depth discussion with Senator Ted Cruz following explosive revelations that former Trump Special Counsel Jack Smith and the Biden DOJ subpoenaed phone records of multiple Republican senators—including Cruz himself—as part of the January 6th investigations. The episode explores the scope and intent behind these subpoenas, the implications for political surveillance, and the response from Congress. Ferguson and Cruz investigate these events' political and constitutional consequences, with Cruz offering first-hand insights and forceful commentary.

Key Discussion Points & Insights

1. Breaking News: DOJ and FBI Spying on Republican Lawmakers

[01:06 - 06:27]

• Ben Ferguson introduces news that Jack Smith (acting as Special Counsel) directed the DOJ and FBI to subpoena phone records from multiple Republican congressional members—allegedly a politically motivated act.

• Notably, Ted Cruz's phone records were targeted, alongside at least eight other Republican senators and one House member.

• The subpoenas sought broad sets of metadata: inbound/outbound calls, texts, voicemails, names, and addresses.

  “It is very clear now that it was intentional. It was targeted political spying that likely went to the very highest levels in the Biden administration.”
  — Ben Ferguson [06:27]

• Republicans, including Senator Marsha Blackburn, are calling this "politicized surveillance."

2. Ted Cruz Reacts: Discovery and Details of the Subpoena

[07:40 - 12:15]

• Cruz learned of the subpoena last week but jokes he previously felt "left out" when the initial news broke, as he wasn’t on the published list.

  "I was laughing with Sean [Hannity]. I was saying, I'm actually kind of offended. Like, how did I get left out of this list?"
  — Ted Cruz [08:20]

• The explanation: other senators were on Verizon, which complied, whereas Cruz's carrier AT&T "told [the DOJ] to go jump in a lake" and refused the request.

• The subpoena asked for detailed records for January 4–7, 2021, precisely around January 6.

  "AT&T is based in Texas. I'm proud of them. They did the right thing... They said, listen, what Cruz is saying is...protected by the speech and debate clause of the Constitution."
  — Ted Cruz [09:52]

• A court order from Judge Boasberg directed AT&T not to notify Cruz of the subpoena for a year.

  "Isn't that amazing? By the way, are you sitting United States Senator? Don't tell him. We don't want him to know."
  — Ben Ferguson [10:32]

3. Constitutional and Political Ramifications

[12:36 - 14:07]

• Cruz outlines why the subpoena was not just improper but a direct constitutional violation.

• Most senators likely complied due to carrier policies. AT&T, however, recognized the constitutional safeguards of the Speech or Debate Clause protecting lawmakers' communications.

  "Article 1 of the Constitution vests all legislative power in the Congress...it was very literally speech and debate."
  — Ted Cruz [11:26]

• The DOJ also targeted conservative organizations—the Republican Attorneys General Association and Turning Point USA—revealing the sweep's scale.

  "This was a massive fishing expedition, and this was a political persecution."
  — Ted Cruz [12:36]

4. Probing the Motivation

[13:53 - 15:56]

• Discussion centers on intent: What was DOJ/Jack Smith hoping to find?

• Ferguson probes whether it was sheer luck or data mining, given no substantive criminal conduct by the senators involved.

  "This is hoping someone said something."
  — Ted Cruz [13:41]

• Cruz hypothesizes they were searching for evidence of "coordination with those who engage in active violence" or logistical support for alternative electors but had no prior evidence.

  "They did not have evidence. So they said, well, let’s...go through their cell phone records and see if we can find something."
  — Ted Cruz [14:31]

• Reference to the concept of prosecutorial overreach: "Three felonies a day"—the idea that overregulation creates legal traps for ordinary people.

5. Lighthearted Exchange

[15:58 - 16:41]

• The segment turns playful regarding what might embarrass them if data had been seized—text typos, photos, and jokes.

  "I'm really grateful they did not find the pictures you sent of me of you in a pink tutu, because...it's not criminal."
  — Ted Cruz [15:58]

6. The Congressional Response and the Precedent

[17:12 - 18:58]

• Ferguson asks about official response: Will there be hearings or accountability?

• Cruz asserts bipartisan committee hearings are likely, calls this "the Watergate of the Biden DOJ," and advocates transparency and reforms to prevent executive overreach against Congress.

  "The executive doesn't have the ability to go engage in spying on members of the opposing party in Congress. That is an abuse of power. It is politicization."
  — Ted Cruz [17:52]

• Cruz suggests the decision reached beyond Jack Smith to the Attorney General and potentially the White House.

7. Patterns of Political Abuse—Deep Historical Context

[18:58 - 22:14]

• Ferguson and Cruz reflect on historical abuses: Hoover's files, Nixon's schemes, and the evolution of DOJ surveillance and weaponization.

• Cruz critiques Obama-era DOJ as setting the modern precedent for political targeting, escalating under Biden.

  "What Richard Nixon tried to do to the justice system, Barack Obama succeeded in doing...targeting their political opponents, targeting anyone that they disagreed with, and also protecting their friends."
  — Ted Cruz [20:38]

Notable Quotes & Memorable Moments

| Timestamp | Speaker | Quote / Moment | |-----------|------------|-------------------------------------------------------------------------------------------------------------------------------------| | 06:27 | Ben Ferguson | "It is very clear now that it was intentional. It was targeted political spying that likely went to the very highest levels..." | | 08:20 | Ted Cruz | "I was laughing with Sean [Hannity]. I was saying, I'm actually kind of offended. Like, how did I get left out of this list?" | | 09:52 | Ted Cruz | "AT&T is based in Texas. I'm proud of them. They did the right thing...They said...that's protected by the speech and debate clause"| | 10:32 | Ben Ferguson | "Isn't that amazing? By the way, are you sitting United States Senator? Don't tell him. We don't want him to know." | | 12:36 | Ted Cruz | "This was a massive fishing expedition, and this was a political persecution." | | 13:41 | Ted Cruz | "This was snooping. This is hoping someone said something." | | 14:31 | Ted Cruz | "They did not have evidence. So they said, well, let's...go through their cell phone records and see if we can find something." | | 15:58 | Ted Cruz | "I'm really grateful they did not find the pictures you sent of me of you in a pink tutu, because...it's not criminal." | | 17:52 | Ted Cruz | "That is an abuse of power. It is politicization." | | 20:38 | Ted Cruz | "What Richard Nixon tried to do to the justice system, Barack Obama succeeded in doing..." |

Important Segment Timestamps

• [01:06] — Ferguson introduces bombshell about subpoenas and political surveillance
• [07:40] — Cruz details when and how he learned his phone records were targeted
• [09:52] — Cruz thanks AT&T for upholding constitutional protections
• [12:36] — Cruz details the scale, additional targets, and calls the DOJ’s actions a “massive fishing expedition”
• [14:07] — Cruz speculates on the DOJ’s real objectives and prosecutorial tactics
• [17:12] — Discussion of next steps from Congress and the scope of investigation needed
• [20:38] — Cruz draws historical parallels and places current actions in broader context

Tone and Style

• The episode is assertive and urgent, with a sense of political outrage and skepticism.
• Both Ferguson and Cruz use a conversational tone—sometimes joking, often serious, but always direct and unfiltered, in keeping with Ferguson’s branding.
• Cruz moves effortlessly between dry humor and grave constitutional arguments, underlining the episode’s mix of personal anecdote and policy concern.
• The episode wraps up with calls for action, historical comparisons, and a clear statement that political accountability is needed.

Summary

This episode of The 47 Morning Update presents an exclusive and thorough exploration of accusations that the DOJ, under the guidance of Jack Smith and the Biden administration, subpoenaed and in some cases obtained metadata from Republican lawmakers' phones as part of its January 6th probe. Senator Ted Cruz, whose phone was also targeted, details the discovery, the constitutional stakes, and the broader implications of such surveillance for American democracy. The hosts call for congressional hearings and insist these acts constitute unprecedented politicization and abuse of power—declaring this moment could become the "Watergate of the Biden DOJ." The episode is essential listening for those interested in political oversight, civil liberties, and the boundaries of executive authority in American politics.