Verdict with Ted Cruz - Episode Summary

Episode Title: Biden Autopen Pardons are Null & Void plus Fighting Horrific Nigerian Persecution of Christians
Date: September 10, 2025
Hosts: Senator Ted Cruz & Ben Ferguson

Episode Overview

In this episode, Senator Ted Cruz and co-host Ben Ferguson discuss two major topics shaping national and global headlines: the constitutional and legal controversy over President Joe Biden's use of an autopen for pardons and commutations in the closing days of his presidency, and the urgent, underreported crisis of Christian persecution in Nigeria. Cruz details his call for accountability regarding pardons allegedly issued without Biden’s direct approval, and the legislative action he is spearheading to aid persecuted Christians. The tone is urgent, combative, and deeply concerned about constitutional fidelity and human rights.

Key Discussion Points and Insights

1. Biden’s Mass Pardons & Autopen Controversy

[03:41–16:26]; [21:01–28:36]

Background and Allegations

• More evidence is emerging that President Joe Biden was "completely disengaged" from the pardon and commutation process, with staffers — not the President — making decisions and using an autopen machine to sign his name, raising questions of constitutionality and legality.
• Massive numbers of pardons and commutations were issued in late 2024 and January 2025:
  • December 12, 2024: 1,500 commutations and 39 pardons
  • January 17, 2025: 2,490 additional commutations ("more in a single day than any president had ever granted over an entire presidency.")

Key Issues Raised

• Legal Requirement: Under the Constitution, only the sitting president can grant pardons or commutations. If a staffer does so, it is "null and void."
• Autopen Use: Prior Departments of Justice have said physical signatures aren’t required, but that the president personally making the decision is. However, leaked emails from the Biden White House show confusion, lack of clear presidential involvement, and aides far removed from Biden drafting and approving warrants.
• Process Concerns:
  • Staffers wrote up “blurbs” or meeting summaries, often without being present at the meetings where Biden allegedly issued oral approvals.
  • Lists of inmates were altered by the Bureau of Prisons with little to no further presidential involvement or review.

Notable Quotes

• Senator Ted Cruz ([07:07]):

  "2,490 [commutations], more in a single day than any president had ever granted over an entire presidency. These clemencies were issued based on broad criteria rather than case by case evaluations. And at least some of them were signed using an auto pen of then President Biden's signature."

• Senator Ted Cruz ([09:07]):

  "The fundamental question... is whether there is an unbroken line from the President to a pardon being granted. Everyone involved... should have absolute confidence a pardon was granted at the President's explicit direction."

• Senator Ted Cruz ([11:07]):

  "At the end, they were auto penning virtually everything. And that was contrary to the advice they got from the White House counsel."

• Senator Ted Cruz ([12:17], quoting leaked White House emails):

  "Officials across the administration struggled to verify that the President, quote, signed off on the specific documents... or that the President, quote, agreed to the commutations, the number of commutations and the date."

• Senator Ted Cruz ([13:21], quoting New York Times):

  "...Mr. Biden did not individually approve each name for the categorical pardons that applied to large numbers of people he and AIDS confirmed... his staff waited and then ran the final version through the auto pen."

Cruz’s Call to Action

• Cruz sent a detailed letter to Attorney General Pam Bondi, urging the DOJ to "systematically evaluate" every Biden-era pardon and commutation and declare "null and void" any cases where Biden’s involvement isn’t clearly documented.
• He calls for legal challenges, including re-incarceration of improperly freed inmates and defending the DOJ's actions in court if challenged.

Notable Moments & Commentary

• Cruz compares the situation to past scandals, referencing Bill Clinton’s pardon of Mark Rich ("corruption on its face"), but notes Biden’s may be more about “fringe progressive policies" than outright bribery ([24:09]).
• Ben Ferguson ([21:01]):

  "If you are a staffer... and you're handing out these commutations or pardons like candy. Is that illegal if you're doing it without the President's knowledge?"

• Cruz explains that technically only the president’s pardon holds legal weight; staffers acting without authorization may not be criminally liable unless there’s proven bribery or quid pro quo ([22:43]).

Humor and Sarcasm

• Cruz ([25:49]):

  "Donald Trump has put up next to the pictures of presidents... he has 46 and he has a picture of the autopen… In many ways that auto pen — instead of Hail to the Chief, it was Hail to the bicycle."

Legal Path Forward ([26:39–28:36])

• Cruz: DOJ should identify cases where there’s no clear Biden approval, “put out a list,” and seek to re-incarcerate such individuals. The action would likely trigger habeas corpus legal challenges — serving as test cases for the Supreme Court.

2. Legislation to Combat Christian Persecution in Nigeria

[31:12–40:59]

Crisis in Nigeria

• Systematic and escalating violence against Christians:
  • Over 50,000 Christians killed by Boko Haram since 2009 ([31:45]).
  • Attacks on over 18,000 Christian churches and 2,000 schools; 145 Christian priests kidnapped between 2015–2025.

Recent Attacks

• June 2025: Over 60 Christians murdered by jihadists in northeastern Nigeria, including soldiers and civilians in targeted, house-to-house killings.

U.S. Legislative Response

• Cruz’s Nigeria Religious Freedom Accountability Act of 2025:
  • Requires the Secretary of State to designate Nigeria a “country of particular concern” for religious freedom, adding it to a list with countries like Saudi Arabia, North Korea, and Iran.
  • Keeps Boko Haram and ISIS West Africa classified as “entities of particular concern.”
  • Sanctions Nigerian officials complicit in persecution, mandates State Dept. reporting on blasphemy law enforcers and justifiers within 90 days.
  • Pressures Nigerian officials (e.g., via visa restrictions) to discourage complicity.

Notable Quotes

• Senator Ted Cruz ([31:45]):

  "Since their 2009 insurgency, Boko Haram has killed over 50,000 Christians in Nigeria. Over 18,000 Christian churches and over 2,000 Christian schools have been attacked."

• Senator Ted Cruz ([32:43]):

  "Violence against Christians in Nigeria has been a horrific problem... It’s a problem that occurs with the complicity of many officials... in the Nigerian government."

• Senator Ted Cruz ([34:11]):

  "This is a very important role for the United States to defend religious liberty, to defend persecuted Christians."

Wider Implications and U.S. Inaction

• Cruz and Ferguson discuss that the Biden administration has “effectively turned a blind eye” to global Christian persecution.
  • Past: Obama administration would not verbally support Miriam Ibrahim, a Sudanese Christian woman sentenced to death for her faith, despite international advocacy.
  • Cruz recounts meeting Ibrahim post-rescue, sharing her resilience:
    • Cruz ([39:57]):

      "When I met her, I asked... how did you not lose hope?... She looked at me very, very calmly and just said, 'Jesus was with me.'"

Notable Quotes & Memorable Moments

• Ben Ferguson ([09:03]):

  "Yeah, that's the wow moment, by the way. The wow Moment is there."
  (Reacting to the record-setting number of commutations in a single day.)

• Senator Cruz ([24:31]):

  "Of all the final pardons, you know he signed only one. ... It was a guy by the name of Hunter Biden. The only one that Biden signed."

• Senator Cruz ([39:57]), on Miriam Ibrahim’s faith:

  “She looked at me very, very calmly and she just said, Jesus was with me.”

Timestamps for Important Segments

• Biden Autopen/Null and Void Pardons: [03:41–16:26]; [21:01–28:36]
• Explanation of Pardons’ Legal Validity: [21:28–23:49]
• Implications for White House Staff and Quid Pro Quo Discussion: [23:14–25:43]
• Legal Path Forward for DOJ & Test Cases: [26:11–28:36]
• Nigerian Christian Persecution Crisis: [31:12–36:22]
• Obama Administration and Miriam Ibrahim Case: [36:30–40:59]
• Concluding on U.S. Role in Religious Liberty Abroad: [40:34–40:59]

Flow and Tone

• The episode is assertive and emotionally charged, with Cruz blending legal analysis, political critique, and impassioned advocacy for religious freedom.
• Ferguson injects skepticism and sharp questions, sometimes with pointed humor, helping clarify the stakes and the technicalities for listeners.
• Both hosts are united in both their sense of urgency (over constitutional process and global religious persecution) and in skepticism toward the motives and oversight of the previous administration.

Summary Takeaways

• Pardons using an autopen without a direct, documented presidential decision may be null and void under the law. Senator Cruz is calling for a systemic review and legal challenge to such actions, potentially opening the door to test cases that could reach the highest courts.
• Persecution of Christians in Nigeria remains a massive, deadly issue that demands international action. Cruz is spearheading legislation to pressure both the Nigerian government and jihadist actors and calls for active U.S. leadership in defending global religious freedom.

For Listeners Who Missed the Episode

This episode provides a comprehensive, critical look at both constitutional processes at the highest levels of U.S. government and severe violations of human rights abroad, all through the lens of urgent conservative advocacy and real-world legal action. Packed with first-hand legislative insights, notable quotes, and a powerful recounting of human resilience in the face of persecution, it's essential listening for those following U.S. political integrity and the defense of religious liberty worldwide.