Transcript
Ben Ferguson (0:01)
Welcome. It is a verdict with Senator Ted Cruz, Ben Ferguson with you, Senator. History and a terrible way was made in America. Donald Trump, a former president, United States of America, was arrested and was treated like a criminal by the media and by many people that were celebrating this day they've been fighting for since 2016. Before I even play as lawyers, I want to get your initial reaction to watching this today.
Senator Ted Cruz (0:28)
Yesterday was a sad day. It was pitiful. It was an abuse of power. It was partisan. And I gotta say, my biggest sentiment from yesterday was that it was underwhelming. You and I have been talking now for a week about this impending indictment. And we laid out the grounds on which the indictment was expected. And I gotta say, a bunch of lefties on Twitter were coming after us saying, well, how can Cruz know? This can't possibly be the case. There the indictment is. There's more there. It reminded me of the breathless apprehension that the left had for the Mueller report. The Mueller report was going to prove everything. I still remember, you remember the SNL episode where Robert De Niro played Robert Mueller, and they ask, you know, do you have the goods? He's like, I got, I got them, I got him. And, oh, every Democrat heart went pitter patter, pitter patter. It's got to be there. It's got to be there. It's got to be there. Well, for the last week, as you and I have been analyzing what was expected in this indictment, lefties on Twitter were saying, no, no, no, you haven't seen the indictment. You don't know what's there. Well, you know what we've seen now, we've seen the indictment, and there ain't nothing there. It was so utterly and completely underwhelming. In fact, I got to say, one of the more amusing things. So on Twitter, you know what's trending? Even cnn, the words. Even cnn. Because even CNN said, all right, this is underwhelming. This ain't nothing. The entire indictment consists of, of 34 counts of the same thing. And the same thing as what we've been telling you for a week it was going to be, which is a violation of New York Penal Law 175.10. Now, as you recall, New York penal law makes it a misdemeanor to create a false business record. That misdemeanor has a two year statute of limitation. So if Alvin Bragg had charged Trump on the misdemeanor, the case would be thrown out immediately because more than two years has passed since 2016. So he had to Instead, proceed under a different New York Penal Law, Section 175.10. To do that, he had to allege that it was a false business record in furtherance of another crime. That is the bootstrap through which he can elevate under New York law a misdemeanor into a felony and get a longer statute of limitations. Well, that's in fact, exactly what he did. All 34 counts, same thing over and over and over again. But I gotta say the amazing thing, the indictment doesn't specify what the other crime is that this was allegedly in furtherance of. In other words, it just repeats false business record, false business record, false business record. And it has the boilerplate language in furtherance of another crime. But it's almost like the district attorney said, nevermind, we don't know what that other crime is. Look, you and I had speculated on this podcast what the other crime could be. It might have been the most likely candidate was a federal campaign finance violation, which raises all sorts of problems. But that was the most likely alleged crime. Well, Alvin Bragg didn't allege that. He didn't specify what the crime is. That's truly amazing. It's underwhelming. This case is nothing but politics and the result is it's going to be thrown out.
