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Ted Cruz
This is an iHeart podcast.
Ben Ferguson
Welcome. It is Verdict with Ted Cruz, Week in Review. Ben Ferguson with you. And these are the stories you may have missed that we talked about this week. First up, Biden's auto pen dilemma. And the New York Times now exposing exactly what may have been done without the President's knowledge. And there's an official investigation. We'll dive into that. Also, firsthand account of the tragedy and an update of what's happening with the Texas floods. And finally, Stephen Colbert. Not only did he alienate half the country, but he destroyed a show that had been around for decades. Stephen Colbert has been canceled. It's the Weekend Review and it starts right now. Finally, Senator, I want to move to another issue. And it is really exploded over the last 24 hours. And that is new information that we now have on Biden's use of the auto pin. It is a scandal that I don't think people understand just how big it is and what is now been admitted to when it comes the auto pin usage. And Joe Biden maybe not knowing it was being used at all.
Ted Cruz
Well, so the New York Times on July 13 wrote a major story that says Biden says he made the clemency decisions that were recorded with with auto pen. And you and I talked about it in an earlier podcast that the Department of Justice has an opinion that it issued a number of years ago, the Office of Legal Counsel, about whether you can use an auto pen for presidential signatures, whether that's a presidential signature on an executive order, a presidential signature on a law that is being signed into law, or a presidential signature on a pardon. And what the Department of Justice has concluded is that you can use an auto pen for any of those. But the test is the authority is the President's and the President's alone. So the President cannot delegate that authority to anyone else. The President has to make the decision. And what the Department of Justice explained, and this was years ago, is that the operative legal test is did the President make the individual determination to sign the executive order, to sign the specific piece of legislation to grant the pardon? And if the President made that individualized determination, then you can use an auto pen to reflect that, but the President has to be the decider. And so that's the legal standard. But what the New York Times reported was, quote, Mr. Biden did not individually approve each name for the categorical pardons that applied to large numbers of people. He and aides confirmed. Rather, after extensive discussion of different possible criteria, he signed off on the standards he wanted to be used to determine which convicts would qualify for a reduction in sentence. Even after Mr. Biden made that decision, one former aide said the Bureau of Prisons kept providing additional information about specific inmates, resulting in small changes to the list. Rather than ask Mr. Biden to keep signing revised versions, his staff waited and then ran the final version through the auto pen, which they saw as a routine procedure. The aide said that is stunning because under the Department of Justice guidance, those pardons aren't valid. If the President didn't decide, I am going to pardon Ben Ferguson, you know, if he didn't know, that would not be sufficient. And the New York Times, the consequence of this, listen, I think the Trump White House needs to go through the records and look, they have the records because they're now in charge of the White House and examine what specifically has a paper trail that shows Biden signed off on the specific action and those, that, that, that there is no paper trail, that there is no evidence. And the New York Times is reporting, they're admitting, oh yeah, they're broad categories he didn't know about at all. He didn't know the specific people. Those are null and void. Those have no legal force. And my recommendation to Pam Bondi and the Department of Justice is they should look specifically at the most vulnerable and devise and implement a legal challenge to challenge these and to make clear that an unelected aide running an auto pen does not have the power to grant a pardon under the United States Constitution.
Ben Ferguson
So now that we have this information, the big question is when do these pardons, what happens next? How do you go about undoing this? And how big of a legal fight is that going to be?
Ted Cruz
Well, look, it's going to be a termination number one of the White House and the White House counsel assessing what are the records show? What records did they keep of Biden signing off? We know that he personally signed the pardon for Hunter Biden. So that one he knew about and he did so.
Ben Ferguson
So that one is, is that also very telling? Yes, he. And is that going to be used in many ways as an example of like, dude, he had no idea what was going on over here. The ones he did know about, he knew he, damn it well, better sign them himself. His son is a great example of that. Does that actually hurt the argument for Biden that all the others are valid?
Ted Cruz
Potentially, although they are arguing that they discussed it with him and he approved. And so some of the high profile ones, like you look at Anthony Fauci, who was pardoned, they're maintaining they discussed it with Biden. And Biden said he wanted to, he wanted to pardon him. If that's true, if he made the decision and directed them to sign a pardon, then under the Department of Justice's OLC memorandum, that is valid. The question is, are there ones? And according to the New York Times, there are a lot that Biden did not know and did not approve the specific individual receiving the pardon. And if he didn't know and didn't approve, then it's not a valid pardon.
Ben Ferguson
So when you look at the timeline of this moving forward, and some of these could be very significant, one that comes to mind is Dr. Anthony Fauci, for example. This could, this could, I mean, open up a whole lot of can of worms on a lot of different issues.
Ted Cruz
It could, it depends what. So what I believe, I believe the White House should go through systematically through the records and see what the records demonstrate. And the Department of Justice should pick, starting with a test case, to go challenge this. The look for a fact pattern in which there is the clearest absence of any approval from the actual president and go challenge those in particular.
Ben Ferguson
Now, if you want to hear the rest of this conversation, you can go back and listen to the full podcast from earlier this week. Now on to story number two.
Ted Cruz
I'll tell you, there was an article just came out in Texas Monthly about what happened and I want to take a few minutes and actually read a significant portion of the article. The article is by a fellow named Aaron Parsley and it's entitled the River House Broke. We rushed in the river and he's telling a firsthand story about his family that had a house right along the Guadalupe River. I want you just to listen to this. Rosemary, the four year old woke up first. She told my brother in law Lance that there was something on the roof. Seven of us were at my family's river house on the Guadalupe between Ingram and hunt for the 4th. Our little stretch of river is wide, green, cool, deep and slow. It's some of the best swimming anywhere and one of the most beautiful spots in Texas as far as I'm concerned. I've spent many peaceful afternoons there, floating and staring up at the cypress trees that tower over the water. The house, a one story cabin on stilts about 50 yards from the river up. The steeply sloped yard, was built right after the 1987 flood that devastated this region, killing 10 teenagers. Concrete pillars put our family's place a few feet above what officials consider the 100 year floodplain. More than once I tried to imagine the Waters rising that high. But it seemed impossible. I woke around 3am to the sound of thunder and rain. My only thought was, I hope it stops so I could go on an early morning run. Shortly before 4:30, I would later learn, Rosemary climbed down from the top bunk of the kids bedroom and went to get her father. Lance stepped out of bed to see what was causing all the pounding and creaking. I stirred about that time, too, and heard what I figured was the kids running around the house, excited by the storm. What's going on? I asked. We're in trouble, dad said. Big trouble. I looked past them. The river was as high as the deck, 20ft above the ground. We talked through our options. Getting onto the roof was impossible. We had no ladder and the eaves were about eight feet above the deck. Patrick weighed whether we could all climb through a window onto the live oak whose branches were near the back of the house, then realized it wasn't reachable. Lance called 91 1, but the dispatcher said he didn't know when anyone could get to us. As we reassembled in the kitchen, the vinyl flooring under our feet started to bubble. Then water began to pool. My dad walked into the bedroom and saw the carpet floating off the floor. The river's musty scent permeated the house, mixed with what smelled like freshly chopped wood. My sister sat Rosemary and Clay on the kitchen island countertop. Rosemary was 4 and Clay was 20 months old. We discussed whether we could get them higher, maybe even on top of the cabinets in the small space below the ceiling. Then the roof over the porch crashed down and we heard glass shatter. In my father's room, just off the kitchen, Rosemary asked, why did the window break? Clay started to cry. When the sliding glass doors opened and water poured in, Lance ran to it, shoved it closed, and held it shut. The pendant lamps began to swing wildly over the kitchen counter. The house was shifting. It lurked sharply, and we all struggled to stay on our feet. It. It felt like walking down the aisle of a plane during strong turbulence. We're moving, we're moving, patrick said. The realization was terrifying. The rushing still rising. Water had lifted the house off its pillars. It was afloat. And then it wasn't. I saw part of the deck rip away. I heard windows break from every corner. Cracks split the walls. We crashed into something, probably a tree. I don't know how long. It took 10 seconds, maybe 15, for the house to come apart. Alyssa managed to keep both kids on the countertop, one hand on each, still trying to reassure them as the house came undone. She grabbed one in each arm. This is the part that will forever haunt me. If I or anyone else had been closer to them, we would have helped her. We would have grabbed one of the kids. But we simply didn't know that we were about to be plunged into the water. We simply didn't know. As we were thrust into churning water, into darkness, our disintegrating house sucked us down into the river. The last thing I remember from inside the house was seeing the refrigerator coming at me. Patrick saw the countertop tear away from the kitchen island with Alyssa and the kids on it. As the river carried me downstream, I struggled to stay above water. I was surrounded by branches, by twisted metal, by uprooted trees, by countless smaller objects, bottles of sunscreen, books, couch cushions, coolers that came from inside our home or somebody else's. I realized I lost my shoes and my phone. I grabbed at every branch and every tree that was still standing. A few snapped off in my hands, leaving me with a fistful of leaves. I managed to briefly hold on to one, perhaps for a few seconds, until the force of the water and the constant assault from debris ripped me away. I latched onto a tree with branches large enough to support me and pulled myself out of the water. My breathing was frantic, but my mind was focused. I considered the possibility of death. I thought, if I survive, I'll be the only one. The tree began to crack, creek, and moan. Then it slowly fell into the river, and so did I. I reached for another tree and climbed as high as I could. A couple of feet above the rushing water, I stepped up to a higher branch and then another. If this tree collapsed, I wasn't sure if I would fight to stay above the water again. I pleaded with the tree to hold me, to withstand the power of the river. Please, I whispered. Please. Over the roar of the water and the crackling of the trees, I heard screaming. It was guttural, primal. Who's there? I called. I'm in a tree, too. We have to hang on. Someone will help. It's Alyssa. My sister screamed. I'm with Rosemary. Clay is gone. The memory of those words will never leave me. A combination of profound relief and unbearable sadness overwhelms me now. Even as I type this, Alyssa and I kept yelling to each other, though neither of us could clearly make out what the other was saying. Be strong for Rosemary, I implored. You have to survive this. Intermittently, I could hear just one word, Clay, as Alyssa cried out for her son. Then I noticed Patrick running along the Riverbank. I couldn't believe he was there, fully dressed, wearing his tank top and shorts, his shoes somehow still on. He had lost only his wedding ring. He told me later. Patrick, I'm here. I yelled. For the first time, I thought we had a shot at surviving. Patrick was the first normal thing since the house broke apart. It was like being alone on an alien planet and another human being randomly arrives. And then Lance came jogging up after him. They'd ended up in the same pecan tree, about 200ft away from the riverbank and about 2,000ft from where our house once stood. Lance has a watch with a flashlight that he turned on after Rosemary woke him up. Patrick said he spotted the beam after he climbed into the tree. They're only a few yards apart, close enough that they could talk without yelling. Lance kept repeating, my son, my daughter. There's no way. In the river's roiling churn with Rosemary clinging to her neck while she paddled with one arm, Alyssa had somehow managed to push her daughter onto a branch, which Rosemary hugged with her arms and legs lying flat. Alyssa stayed in the water just below her, gripping the tree's trunk. And as the waters receded, she stood uncomfortably on a branch below her. Alyssa would tell me five days later that Rosemary wanted to play I spy. While they waited in the tree, Patrick waded into the water to intercept a blue kayak that was floating by. An older couple watching from a house on a nearby hill brought Lance and Patrick an inflatable inner tube, and they decided the tube was the better option to catch Rosemary. More control, softer landing. After that, Rosemary's rescue happened quickly. Patrick and Lance rigged the inner tube with a green garden hose they found and tied it around a downed tree. Lance waded into the water, positioning the tube beneath his daughter. I stood downriver, ready to catch Rosemary if she missed the target and got caught in the stream. Alyssa urged us to hurry, saying she didn't think she could hold onto the tree much longer. She had to pry Rosemary's hands from the branch. Rosemary, terrified, started to cry. Then my sister cradled her daughter and dropped her 20ft into the river, where her father was waiting. She landed directly in the middle of the inner tube, and we all cheered. Lance carried his daughter to shore. My sister jumped into the water right after, and I grabbed her, put my arm around her, and together we walked to safety. Alyssa collapsed on the riverbank, crying out for clay. Rosemary became calm when she reached dry land, but her face had a blue cast. We were all shivering. We told Rosemary how brave she'd been and that she was now safe and it was going to be okay.
Ben Ferguson
That's the reality of what it was like for so many down there. And it happened. That article describes it, I think, perfectly.
Ted Cruz
So quickly, I want you to take a look at this picture. This is Rosemary and Clay. Rosemary survived. Clay did not. This family, like so many Texas families, is rejoicing at the lives that were saved and is forever grieving at the lives that were lost. And this family, like so many Texas families, needs their friends, their loved ones to hold them tight. They need God's blessing and mercy and grace. And I will tell you, everyone in Texas is standing with this family, is standing with all of the parents at mystic, is standing with all the little girls who lost friends. Just today, I was visiting with parents who had two daughters at Mystic. One survived, one did not. They talked about the surviving daughter and the guilt and grief that every one of the survivors feels. Survivor's guilt. Why did my friend. Why did my sister die and I didn't? And those girls, it's going to take a whole lot of love and a whole lot of time for them to walk through that grief. We'll do that. That's who Texans are. But these are hard times.
Ben Ferguson
As before, if you want to hear the rest of this conversation on this topic, you can go back and download the podcast from this week to hear the entire thing. I want to get back to the big story number three of the week. You may have missed, Senator. There is just some news that shocked the left. I. I don't know how this could be true, but the Late show has been destroyed by Stephen Colbert. The point where they're like, we're not even just firing you, we're just canceling the entire brand that has been a staple in American culture, an iconic show for decades, and now they're just like, yeah, we're done. I mean, it's amazing, right? You alienate half the country. You hate half the country. You mock half the country. No one could have seen this coming.
Ted Cruz
Well, look, I got to say, what you and I talked about just a few minutes ago, I'm not tired of winning yet. Stephen Colbert is a vicious, dishonest, partisan leftist. He is utterly consumed with Trump Derangement Syndrome and he hates, he despises more than half of America. He thinks we're idiots. He thinks we're racist. He thinks we're morons. He is a condescending, arrogant jackass. Now, look, I say this with direct experience. I've been on Colbert show there used to Be a time. Listen, I'm someone. I love comedy. I love late night comedy. I grew up watching an snl. I grew up watching Johnny Carson and Jay Leno and like really fun late night comedy. And by the way, if you got a sense of humor, you can laugh at both sides. I'm okay with late night comics making fun of Republicans, making fun of Democrats. Look, both sides are funny. There's lots of jokes to tell. There used to be a time I've been in the Senate 13 years. When I got there, it was part of the job. I've done just about every late night show. I've done Jay Leno, I've done Colbert, I've done Jimmy Kimmel, I've done Jimmy Fallon. It was a fun part of the job. It's disappeared. None of the late night shows have Republicans on anymore. They don't invite anyone. In fact, it was really fitting. Stephen Colbert's show where he announced, I've been canceled. I'm pulled off the air. You know who his guest was? Adam Schiff, because of course it was Adam Schiff, because. And Colbert's the worst of them. He's a vicious, nasty. So I remember when I first did a show, you know, you know, the hosts come by and they talk to you in the green room and they chat with you. And, you know, I said, look, like all of these late night comics, they think they're going to be, you know, that they're going to be this like, meet the press, like, we're going to ask you really tough questions. By the way, Democrats, they have love fests. They laugh, they, they joke, they kid around. But with Republicans, they're going to nail you to the ground. And I'm like, look, you want to ask tough questions, that's fine. But you go on a late night comedy show to humanize, to say a little bit of who you are, to laugh. And Colbert just got angry. He's just like, I want to prove you are evil. You are the devil. And by the way, the. They don't even do that anymore. They just don't have Republicans on. And Colbert of all of them was the worst. By the way, Jimmy Fallon of the late night guys is the best. Fallon. You know, it's interesting, Fallon inherited Jay Leno's audience. Jay Leno inherited Johnny Carson's audience. Their audience is a lot of Midwestern conservatives. And so Jimmy Fallon, like, I had a great time. I did Jimmy Fallon back, back when I was running for president. He had a very funny skit where he dressed up as Donald Trump and called me and went back and forth. But he was the one late night host who was not a jerk. Actually, Leno wasn't either, but that was early on. Colbert is directly responsible, along with his compatriots, with destroying late night comedy. And I want to play, by the.
Ben Ferguson
Way, it's because it wasn't humor.
Ted Cruz
It's not funny. It's just, I hate you. I hate you. I hate you is not funny.
Ben Ferguson
Yeah. It's also, by the way, the reason why I think Shane Gillis was at the ESPYs, because His goodness, like humor, humor is actually back. And Colbert turned his show into this, like, sanctimonious woke lecture every night, attacking half of America.
Ted Cruz
Well, and let me prove it. I want to play just. Just a selection of, you know, he became this, this, like, scold for. You must get the COVID vaccine. And here are a couple of examples of this bizarre song he did. You're gonna listen to it. I wish you could see the videos because the videos have him dancing like a fruitcake nut dressed as a human syringe. But just listen to it because you can get a sense of just how sanctimonious he was. Give a listen. Find out the way the vaccine is changing the scene in our new recurring segment of the vac scene. Longer, longer.
Ben Ferguson
Stall.
Ted Cruz
Why the can. Can you ask? I asked that myself. The answer public domain. It's the answer to most things, really. The vaccine.
Ben Ferguson
Shot, shot, shot, shot.
Ted Cruz
The vaccine.
Ben Ferguson
We are the vaccine. Get your shot. Shot right now in your arm. It won't hurt. Then go hug your mom. Get your shot. Hug her mom. Get your shot. Hug your mom. But by the way, I just wonder, like, how many of those segments had vaccine commercials from pharmaceutical companies in there? And it's like, hey, I got you. I'll do a big thing.
Ted Cruz
They put I am Stephen Colbert. Sponsored by Pfizer.
Ben Ferguson
Right, Exactly. They put this thing out. It's 10 minutes and 49 seconds long, by the way. I say they literally. The video we just played from you was the, quote, vaccine, the box set, the Late show with Stephen Colbert. They put this out themselves. And were that proud of it?
Ted Cruz
No, they were proud of it. And it's. It's vicious, it's nasty, and it's not funny. Like, I'm fine with a comedy host that makes fun of everyone. That. That's, you know, one of my favorite movies. And we didn't include this when we did on July 4th, our movie section, but one of my favorite movies was Team World Police. Did you Ever see that, Ben?
Ben Ferguson
Oh yeah. Great movie.
Ted Cruz
Hysterical movie. And it's done. It is, it's puppets and it makes fun of both sides. It makes fun of Republicans, but it makes fun of Democrats. And it's. Now I will warn you, it is profane. I had the incredibly poor judgment to play this video for my in laws on a family vacation. And I will tell you, about nine minutes into it when they had dropped the 32nd F bomb, I was like, okay, wow, this was a really bad idea. And my mother in law is frowning at me and I'm like, wow, okay, nevermind. But unbelievably funny because it's actually comedy. It's making fun. Just watching Stephen Colbert saying I hate Donald Trump. Yes, Stephen, we got you. But you know what? Stephen Colbert is now unemployed. He's been canceled. He's been canceled because oddly enough, Americans don't like to listen to someone screaming at them. I hate you. I hate you. I hate you. I'm smarter than you. I'm a left wing elitist. I make millions of dollars and I despise you. And so I gotta say in response to his, his musical medley urging everyone, you must get the vaccine, I have a different musical medley that I want to say not just to Stephen Colbert, but also to NPR and, and to pbs. Here's my musical response.
Ben Ferguson
Truly amazing. You gotta love that song right there. Don't forget, we do this podcast, this show, I say as a podcast three days a week. So make sure you subscribe to Verdict with Ted Cruz wherever you get your podcasts. Cassandra and I will see you back here wherever you are next weekend and hopefully you'll hear us three days a week on the podcast. Have a great one.
Cassandra
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Ted Cruz
This is an iHeart podcast.
Verdict with Ted Cruz
Episode: 'Null & Void' Experts Question the Autopen, Harrowing Story of Survival in the Texas Flood plus When Woke Satire Stops Being Funny Week In Review
Release Date: July 19, 2025
Host: Senator Ted Cruz
Co-Host: Ben Ferguson
Produced By: Premiere Networks
Overview:
Senator Ted Cruz and Ben Ferguson delve into a significant political controversy involving President Joe Biden's use of an "auto pen" for granting pardons. The discussion centers around recent revelations by The New York Times, which suggest that President Biden may have authorized pardons without personally approving each individual case, potentially violating Department of Justice guidelines.
Key Points:
Department of Justice Guidelines:
Cruz explains that, according to a Department of Justice memorandum, while the President may use an auto pen to sign executive orders, laws, or pardons, "the operative legal test is did the President make the individual determination to sign the executive order, to sign the specific piece of legislation to grant the pardon?" (01:35)
New York Times Revelation:
The Times reported that President Biden "did not individually approve each name for the categorical pardons that applied to large numbers of people" (03:00). Instead, he approved the general standards, and his aides used the auto pen to finalize the list without his direct involvement in each case.
Legal Implications:
Cruz argues that if Biden did not personally approve each pardon, "those pardons aren't valid" (04:50). He calls for the White House and Department of Justice to "devise and implement a legal challenge" to invalidate these actions (06:24).
Hunter Biden Example:
The discussion highlights that President Biden "personally signed the pardon for Hunter Biden", contrasting it with other pardons where his direct approval is questionable (05:04).
Notable Quotes:
Ted Cruz:
"The President cannot delegate that authority to anyone else. The President has to make the decision." (01:45)
Ben Ferguson:
"He signed off on the standards he wanted to be used to determine which convicts would qualify for a reduction in sentence." (03:10)
Overview:
The hosts share a deeply moving firsthand account from Aaron Parsley's article in Texas Monthly, detailing his family's terrifying experience during the devastating floods in Texas. This segment highlights the personal tragedies and the resilience of Texans in the face of natural disasters.
Key Points:
Personal Account:
Aaron Parsley narrates the ordeal of his family caught in rapidly rising floodwaters, emphasizing the chaos and fear during the event. He describes how their house, built on stilts to withstand floods, was overtaken by the powerful river.
Survival Efforts:
Parsley recounts the desperate measures taken to save his young daughter, Rosemary, and the tragic loss of his son, Clay. The narrative underscores the unpredictability and destructive force of natural disasters.
Community and Support:
Cruz emphasizes the collective grief and support within Texas communities, noting that families like Parsley's "need their friends, their loved ones to hold them tight" and require "God's blessing and mercy and grace" (18:30).
Notable Quotes:
Aaron Parsley (from transcript):
"We simply didn't know that we were about to be plunged into the water. We simply didn't know." (07:16)
Ted Cruz:
"A combination of profound relief and unbearable sadness overwhelms me now." (19:49)
Overview:
Cruz and Ferguson critically examine the recent cancellation of Stephen Colbert's show, attributing it to Colbert's perceived shift from comedy to partisan activism. They argue that Colbert's approach alienated a significant portion of the audience, leading to the show's downfall.
Key Points:
Critique of Stephen Colbert:
Cruz labels Colbert as "a vicious, dishonest, partisan leftist" who is "utterly consumed with Trump Derangement Syndrome" and claims he "despises more than half of America" (20:36). This intense criticism suggests that Colbert's hostile demeanor was detrimental to his show's success.
Impact on Late Night Comedy:
The hosts lament the decline of balanced political satire on late-night shows. Cruz reminisces about a time when comedians like Jay Leno and Jimmy Fallon included humor targeting both political sides, contrasting it with what he describes as Colbert's one-sided attacks.
Contentious Segments:
They discuss specific instances, such as Colbert's "vaccine song," portraying it as an example of his sanctimonious and preachy approach that failed to resonate with a broader audience (24:02).
Alternative Comedy Examples:
Cruz praises shows like "Team World Police," which he cites as successful examples of balanced and profane comedy that appeals to a wider audience by mocking both Republicans and Democrats.
Notable Quotes:
Ted Cruz:
"Stephen Colbert is now unemployed. He's been canceled because, oddly enough, Americans don't like to listen to someone screaming at them." (23:57)
Ben Ferguson:
"When we did on July 4th, our movie section, but one of my favorite movies was Team World Police. Did you ever see that, Ben?" (27:00)
Ted Cruz:
"Colbert just got angry. He's just like, I want to prove you are evil. You are the devil." (25:15)
In this episode of Verdict with Ted Cruz, the hosts tackle pressing political controversies, share stories of personal tragedy and resilience, and critique the current state of political satire in media. Through in-depth analysis and passionate discussion, Cruz and Ferguson provide listeners with a conservative perspective on the issues shaping today's political landscape.
For those interested in the full depth of these conversations, Verdict with Ted Cruz offers a comprehensive podcast available on all major platforms.
Timestamp Reference Guide: