The 47 Morning Update with Ben Ferguson: Episode Summary

Release Date: June 29, 2024

In this episode of The 47 Morning Update with Ben Ferguson, host Ben Ferguson engages in a compelling discussion with Senator Ted Cruz, dissecting three pivotal topics shaping the political landscape: the recent Trump/Biden debate, the concerning presence of ISIS-related illegal immigrants in America, and the contentious appointment of Special Counsel Jack Smith.

1. Trump/Biden Debate Analysis

Debate Performance and Biden's Cognitive Health

Senator Ted Cruz opens the conversation by reflecting on the contentious Trump/Biden debate, labeling it "one of the worst debates we've ever seen in history." He criticizes Joe Biden's performance, highlighting moments that suggested cognitive decline. At [00:01], Cruz mentions Biden struggling to provide comprehensive answers on critical issues like Social Security, noting:

“There was one moment when he was asked about Social Security and he gave a very, very short answer. … He couldn't even, by the way, he spent eight days at Camp David preparing and he could not fill the two minutes with an answer.” ([01:40])

Ben Ferguson concurs, describing Biden as a "deer in the headlights" when faced with direct questioning, emphasizing the lack of substantial responses to straightforward questions.

Democratic Leadership's Push to Remove Biden

The discussion shifts to the Democratic Party's internal debates about potentially sidelining Joe Biden. Cruz posits that key Democratic figures such as Barack Obama, Nancy Pelosi, and Chuck Schumer are likely to confront Biden, urging him to step aside to preserve his legacy:

“They will appeal to his vanity and say, you are the next FDR. … If you stay in this race, it will be your fault that Trump is president.” ([02:29])

Ferguson forecasts significant political upheaval within the Democratic ranks, suggesting a high probability that Michelle Obama could emerge as the Democratic nominee, citing an "80% chance" scenario ([12:19]).

Media Coverage and Public Perception

The hosts critique mainstream media’s portrayal of the debate, particularly the Wall Street Journal's headline:

“Biden crashed in first debate with Trump.” ([05:30])

They argue that such headlines lack nuance, comparing it to cheering on a less-than-ideal outcome, similar to praising "the genthowed in the Hindenburg explode" ([05:30]).

Behavior of Debate Moderators

A surprising turn in the conversation commends CNN’s Jake Tapper and Dana Bash for their moderation during the debate. Ferguson praises their ability to maintain control without bias:

“They asked good questions, they moved subjects along, they would press the candidates, but not in a jerky way.” ([08:56])

Cruz, however, remains skeptical, suggesting that moderators were in a state of shock and defaulted to attempting to guide the debate without effectively addressing the issues:

“They saw what everybody else saw, which was, we have a president that is incapacitated and the whole world is watching it now, and no one can stop it.” ([09:48])

2. 50 ISIS-Related Illegal Immigrants Roaming America

Overview of the Issue

The episode delves into a critical national security concern: the presence of over 50 ISIS-related illegal immigrants in the United States. Cruz introduces the story, highlighting the Department of Homeland Security's (DHS) identification of these individuals:

“We now have unknown the whereabouts of 50 ISIS related illegal immigrants that were smuggled into this country by an ISIS human smuggling network.” ([00:01])

Administration’s Handling of the Situation

Ben Ferguson vehemently criticizes the Biden administration's immigration policies, accusing them of enabling terrorists to infiltrate the country:

“The Democrats and the media were starting to get nervous about Joe Biden, I shifted to about 50%. … the Democrats have released illegal immigrants who are murderers, who are rapists, who are child molesters, who are gang members, and who are being smuggled in by ISIS K.” ([15:54])

Media Coverage and Public Safety Risks

Ferguson points out the discrepancies and gaps in media coverage, using NBC News' reporting as an example. He underscores the administration's lack of urgency, attributing it to political concerns ahead of the upcoming election:

“Authorities are, quote, not panicking.” ([16:50])

Cruz and Ferguson discuss the potential threat these individuals pose, with Ferguson cautioning that the U.S. is at a heightened risk of terrorist attacks reminiscent of post-9/11 vulnerabilities:

“We are today at a greater risk of a major terrorist attack than we have been any time since September 11th.” ([20:27])

Policy Implications and Future Risks

The hosts argue that the Biden administration's open-border policies are facilitating the entry of dangerous individuals, further exacerbating national security threats. They emphasize the need for stringent immigration controls to prevent such risks.

3. Unlawful Appointment of Special Counsel Jack Smith

Challenging the Legality of Jack Smith’s Appointment

The final segment addresses the controversial appointment of Special Counsel Jack Smith, with Ben Ferguson explaining the legal challenges posed by Trump's legal team. The argument centers on the constitutional validity of Smith’s appointment, as outlined by Andy McCarthy:

“The Constitution says that when you're talking about an officer of the United States carrying out these kinds of duties, either the person has to be nominated by the president and confirmed by the Senate or has to occupy a position that Congress has established by law.” ([22:55])

Ferguson elaborates on the significance of this argument, drawing parallels to the 1988 Supreme Court case Morrison vs. Olson, which upheld the independent counsel statute but was notably dissenting Justice Scalia's opinion advocating for presidential oversight.

Implications of a Ruling Against Smith

Should Judge Cannon rule that Jack Smith’s appointment is unconstitutional, it would not only halt the Florida case against Donald Trump but also cast doubt on the DC case, potentially delaying both legal actions. Ferguson highlights the potential for this ruling to reshape the scope and authority of special counsels:

“If Judge Cannon rules that Jack Smith is illegally appointed, that he does not have the authority to bring the case, that would, that decision presumably would be appealed.” ([33:23])

Balanced Perspectives and Legal Nuances

While Ferguson asserts the strength of the argument against Smith's appointment, he acknowledges opposing viewpoints and the complexity of the legal landscape:

“It's a real argument and a serious argument. It doesn't mean it'll necessarily prevail. Doesn't mean it'll be a slam dunk.” ([30:45])

He references past special counsel appointments to underscore the unique challenges posed by Smith’s nationwide prosecutorial authority without Senate confirmation.

Conclusion

In this episode, Ben Ferguson and Senator Ted Cruz provide a critical analysis of the current political and security climate, focusing on Biden's compromised debate performance, the alarming infiltration of ISIS-related individuals into the U.S., and the legal controversies surrounding Special Counsel Jack Smith’s role in prosecuting Donald Trump. Their discussion underscores deep concerns about leadership effectiveness, national security, and the integrity of judicial appointments, painting a picture of a nation at a crossroads with significant implications for its future direction.

Note: Timestamps referenced correspond to the podcast transcript provided.