Welcome.
It is Verdict with Center, Ted Cruz, Ben Ferguson with you on the Super Tuesday Evening Center.
It's a fun night for American democracy.
Well, that's exactly right. A lot is going on. We just had Super Tuesday. We had elections all over the country. Dominating night for Donald Trump, dominating night for Joe Biden. Pretty disappointing night for every other candidate out there. I think this race is cooked, but we will analyze it in depth as we always do. Beyond that, we've got this week the blockbuster decision from the Supreme Court nine zero unanimous ruling that Donald Trump will remain on the ballot,
will remain on the ballot in Colorado. That also means he'll remain on the ballot main That also means will remain on the ballot in Illinois. That is precisely what you and I predicted on Verdict two months ago. Will break that down and analyze that decision as well. And finally, a big decision out of the d C Circuit Federal
Court of Appeals. That court ruled unanimously that a number of federal districts courts in DC we're improperly enhancing the sentences of January sixth defendants that the Biden Department of Justice wrongly sought an enhancement of their sentence, a sentence that the law didn't require, and so they have effectively
lowered the sentences of some one hundred defendants. It's a big, big story about how the Biden Justice Department continues to abuse its power, and how the courts, even judges appointed by Democrats, are being forced to rein in their abuse of power.
Big story there, obviously.
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Let's start with Super Tuesday.
I gotta say I had a really fun day today because I got to take my son out of school. He's a in first grade. He went to vote for with me today. Congratulations, talk about a SmackDown.
You got over eighty nine.
Percent of the vote, which is awesome, but if you look at the roll numbers, that's the part that was the most exciting. One point two eight million votes for you, Senator. And then if you look on the Democratic side over there already got only three hundred and fifty seven thousand as we're recording this right now, a number of votes.
That's a huge difference. That's got to feel good.
Well, it was a great night. It was very gratifying. I'm glad, glad you brought him in and thank you.
It was so much fun.
Let's talk about the overall and Super Tuesday results that happened. Nothing really that surprising except for the fact it was overwhelming victory for Donald Trump nationwide. This is I think clearly connected to the Supreme Court decision. There's a lot of really mad Republicans in this country right now.
Well, look, I think saying it's overwhelming is a bit of an overstatement. Yes it's true that Trump won Iowa. Yes it's true he won New Hampshire. Yes it's true that he won South Carolina. Yes it's true that he
won Nevada. Yes it's true that he won on Super Tuesday, he won Idaho, he won Nevada, he won Colorado, he won Texas, he won Oklahoma, he won North Dakota, won Minnesota, he won Iowa, he won Missouri, he won Arkansas, he won Alabama, he won Tennessee, he won Michigan, he won South Carolina, North Carolina, Virginia, he won Vermont, he won Massachusetts, and he won Maine. But it's not fair to say it's overwhelming. Then, because Nicky Hayley won the district of Columbia.
That's true, that swamp. She won the swamp. That's a valid point. Apologize for insulting Nicki Haley's tough campaign work in the district of Columbia with all the swampsters there.
So, to quote the classic movie Dumb and Dumber, you're saying, I got a chance.
That's right, that's right.
So so I gotta ask, at this point, if you're Nicki Haley and you're on her campaign, and you're the never and you're the the never Trumpers, and you've been feeding her cash, what's going through your head tonight? And at this point does it even matter what she does anymore?
Well, listen, understand the dynamic of presidential campaigns. Virtually every candidate who drops out of a presidential campaign does so for the identical reason they go broke. They run out of money. When candidates run out of money, they drop out. Now, in Nicky's case, she has up until now had donors willing to write her checks, and as long as they keep writing her checks, she's likely to continue in the race.
At some point the donors say why are we writing checks for a candidate who can't win, And when that happens, she'll drop out. Now, Listen, I don't feel the particular need to jump on the bandwagon and say you must get out, you must get out. I will say this, I think it is not productive to have Nikki or other Republican candidates just amplifying the attacks on Donald Trump that Democrats are using. And the reason is, at this point, Donald Trump is going to be our nominee.
That is clear.
I think that is indisputable given that, I don't think it is helpful to have Republicans being the point of the spear on attacking our nominee. Look, I've endorsed Donald Trump. I want Donald Trump to win in November. I am absolutely convinced that the Biden agenda has been a disaster for this country. And so Nicky Haley will decide to do what she wants to do, and she'll do it
on her own timeframe. But I think just being a battering ram making the case that Donald Trump is the devil is only playing into the hands of Democrats, whose only argument in November is going to be Donald Trump is the devil, and they'd love to use Republican mouthpieces to say that if they can.
Let's talk about the Supreme Court, and I want to talk about the politics of it just for a second. The nine O ruling that came down this week predicted on the show literally months ago. You look at that, how much of an impact do you think that had on voters today wanting to show up and send a clear message that we're standing behind Donald Trump and other candidates like him.
Well, I don't think the Supreme Court decision keeping Trump on the ballot impacted the results tonight. Look, I think Trump was going to win i As you'll recall, I endorsed Trump right after Iowa, right after he had a dominating night in which he won ninety eight of the ninety nine counties. He won by twenty points. It was clear then that he was going to be the nominee. Now, I do think the Supreme Court decision we ought to
pause and talk about it. Because as soon as the Colorado Supreme Court made its decision, a divided four to three decision where four partisan Democrat justices ordered Trump thrown off the ballot, You and I went on this podcast immediately thereafter, and we said we said that day, we said this is not going to stand. This decision will be reversed. And indeed, I said, the chances of it
being reversed, I believe are one hundred percent. Now, look, that's always dangerous to make a prediction where you're predicting one hundred percent. Sure, But but we went further because I said, not only is it one hundred percent that will be reversed, I said at the time, literally the day after the decision, I said, I think there's a very good chance the decision is unanimous. Now, at the time,
there were not many people saying that. There were lots of commentators on TV saying, well, they may reverse it be partisan, it will be divide among party lines. Well that that was not the case. What is most significant about Monday's decision is that it was nine to zero, nine to zero is interesting. It was not a signed opinion. It was a percurem. Percuring opinions are done. It does not have any particular justice who has authorship of the opinion.
My strong suspicion is the opinion was authored by Chief Justice Roberts, but he didn't put his name on it. He made it a procureum, and percurium is can be a tool to emphasize that this is the opinion of the entire court and it is critically important. Look, we have some very liberal justices. We have Elena Kagan, we have Sonya Sotomayor, we have Katanji Brown Jackson, and all of them agreed with the outcome that the Colorado Supreme Court decision was wrong and that Donald Trump should stay
on the ballot. That is a big, big deal, and I am so grateful as I sit here tonight, I am grateful it was nine zero. If we had woken up, if we had turned on the TV or picked up our phones and looked and saw that it was a six to three decision, it was just straight party lines, and the three Democrat appointees were like, no, no, no, you must throw Trump off the ballot. He's an insurrectionist. The result would have been the same, Trump would have
stayed on the ballot. But I think that would have been a terrible outcome for the country, and I think it would have been a terrible outcome for the Court. Look, just about every major institution in our country, its credibility has been undermined in recent years. People have less faith in the institutions of our country, and I understand why we've seen a lot of our institutions really corrupted, and you and I talk about that a lot on this podcast.
But for the Court, I think it's important for the long term rule of law in our nation. I think it's important for the protection of our constitutional liberties for the Court to have some monicum of credibility. And so I am grateful for the Democrat appointees for doing the right thing, the right thing under the law. But it was important for the Court, and I think it is important for the country. I think the statement that the unanimity makes. Look, there have been big decisions if you
look back to nineteen fifty four. Nineteen fifty four was when the Supreme Court decided Brown versus Board of Education of Topeak A, Kansas. That is the decision that desegregated our public schools. Prior to Brown, the rule of law had been the rule that was articulated in case called
Plessy versus Ferguson. Plessy versus Ferguson laid out a doctrine that was called separate but equal, and Plessy upheld the notion that it was okay for public schools to be segregated by law, to explicitly have classrooms that were white only and have classrooms that were black only, and they claimed the law allowed that that they were in The phrase they used was separate but equal, and they claimed that was consistent with the equal protection clause of the
fourteenth Amendment of the Constitution. In Brown versus Board of Education, the Supreme Court reversed Plessy and ordered that our schools be desegregated, that the law could not treat the races differently based on race. That was unequivocally the right.
Decision.
Brown versus Board of Education is one of the most important, if not the most important, decision the Supreme Court has ever issued, and Brown critically was unanimous as well. The justices understood that that ordering schools to desegregate schools that had been segregated for a long, long time schools that had a long history of racial animus, that that was going to be a controversial decision, and the court wanted to speak with one unanimous voice. I am grateful that
here the Court likewise spoke with one unanimous voice. And this decision, in my view, says democracy is paramount. That it is the voters who decide that it is not partisans, whether that be partisan judges as we had in Colorado or partisan officials as we had in Maine or Illinois. It is not partisans of either party that should be in the business of saying I don't want the voters to vote for their choice. I want to throw my opponent off the ballot. Why not because they did something wrong.
And by the way, there are lots of ballot litigation where say, you've got to have fifty thousand signatures and someone fails to get fifty thousand signatures and then they get thrown off the ballot because that's pursuit to the requirements of law that you've got to do whatever it takes to qualify for the ballot. But that's not what was going on in these decisions. In these decisions, it
was not any objective requirement of the law. It was simply these partisans hated Donald Trump, and fundamentally, I think they were afraid the voters, if given the chance, would vote for them. I think that's right, and I'm glad the Supreme Court said, you know what, the voters are going to decide, it's not going to be partisans.
You know.
One of the most I think encouraging moments, and it was a moment I want to be clear about that was how the media covered the decision instantly when it came down, ABC, NBC, CBS. They actually covered it in a way that was I think genuine and authentic for that moment before the partisan hackery that, of course, they got into pretty quickly after this decision.
But take a listen to ABC News.
This is just one example of how they covered this right in front of the Supreme Court, a.
Rare moment of unanimity on a usually divided court. Fine justices of the Supreme Court agree that states cannot kick candidates off the ballot under the Fourteenth Amendment. That clause which you mentioned, which passed after the Civil War, held that people who had sworn an oath to uphold the Constitution and then engaged in insurrection are banned from holding federal office.
Further, and what Supreme Court.
Said is that states can't enforce that that it requires Congress to pass the law to it outline how that clause should be enforced, concluding very simply that responsibility for enforcing that part of the Constitution rests with Congress and not with the states.
The Supreme Court expressing real.
Concern that states could go different ways. Some states would perhaps ban one candidates, some states perhaps ban another candidate. Other states keep them both on the ballot, and they express concern about the disruption that that would.
I mean, Sarah, that was a moment of real journalism. It was impressive.
Well, it accurately covered what happened. And I'll point out when you and I analyzed this decision, we laid out the basis and in fact, as you know, I filed an amicus brief on behalf of one hundred and seventy nine members of Congress in which I argued for the exact ground upon which the Court decided, which is that I argued and said it is not for the states to determine who violates the Fourteenth Amendment, Section three and
who does not. Rather, it is for Congress that the fourteenth Amendment explicitly gives that power to Congress, and Congress can determine whether or not to see a candidate. But it is not and Congress has not created a mechanism to adjudicate this. That has been followed here, and that was the ground that earned a unanimous approval from the Supreme Court.
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we're done with that. Let's go back to the partisan hackery. Take a list to this montage of the media losing their minds over a nine.
Zero decision from the Supreme Court.
We've learned that it was a nine to nothing decision ruling it Donald Trump can be on the ballot in Colorado and other states.
I'm not confident that that will produce a result that's good for American democracy.
This is actually what I had been concerned about. I had been concerned that it should it go to the Supreme Court, they would rule this way.
I'd laugh if it weren't so sad.
My next guest says, Donald Trump is still an oath breaking insurrectionist. Do you have confidence in the Supreme Court using this court as partisan?
The Court itself may have overstepped the court win way further than it needed to go.
Our colleague Melissa Murray has called this Supreme Court the Yolo Court.
The criticism of the court is that they're playing interference. Not since Bush by Gore, but we've seen a court has had this many opportunities to interfere in the election The headline here is that this is a unanimous ruling. But if you scratch the surface just a little, this is.
A five to four ruling.
I'm part of it. This is actually a five to four decision.
It's five to four.
Trump will take this, spin it, spread them in information disinformation on it, so it's a win for them.
He's on the ballot and voters will vote, and he looks like he's headed to become the Republican nominee for president.
You can't save a people from themselves.
If they're determined to re elect him after he organized that insurrection, then there's nothing to stop the people from doing that. Wow, that is your media right after this, saying it's somehow five to four decision, and this is just laying the groundwork for what they want to do. If the Supreme Court hasn't do with the left warrants, they just want to pack the quarter, say it's an illegitimate courter, get rid of it all together.
Well, look, those are partisan hacks in the media who are losing their minds. And you know, my favorite coming in that montage was are the Supreme Court just partisans? And understand what they're saying. They're saying Elena Kagan, appointed the Supreme Court by a Democrat president, is a partisan Republican. They're saying Sony Soda Mayor appointed by this to the Supreme Court by a Democrat president, is a Republican partisan.
And my favorite is they're saying Katanji Brown Jackson a point of the Supreme Court by Joe Biden is a partisan in the tank for Donald Trump. That's what they just said, and it's truly absurd. Look, was there a disagreement over some of the grounds of the decision. Yes, But but I actually want to read from a portion of Amy Cony. Barrett wrote a very short concurrence, and I want to read from her final paragraph. The majority's choice of a different path leaves the remaining justices with
a choice of how to respond. In my judgment, this is not the time to amplify disagreements with stridency. The Court has settled a politically charged issue in the volatile season of a presidential election, Particularly in this circumstance, writings on the Court should turn the national temperature down, not up for present purposes. Our differences are far less important than our unanimity. All nine justices agree on the outcome of this case. That is the message Americans should take home.
I think Amy Cony Barrett was exactly right. The fact that it was unanimous is an important victory for the Supreme Court. It's an important victory for the rule of law, it's an important victory for the country, and it's an important victory for democracy.
You know, I've said this for a while, and I keep saying I think the Democratic Party, for all intents and purposes, is dead. I think they're masquerading as Democrats and they're really communists. And Democratic Representative Jamie Raskin immediately went on CNN Center and said this, and I want to get your reaction to it.
I am working with a number of my colleagues, including W. Wasserman Schultz and Eric Swawell, to revive legislation that we had to set up a process by which we could determine that someone who committed insurrection is disqualified by section three the fourteenth Amendment. And the House of Representatives already impeached Donald Trump for participating in insurrection by inciting it. So the House is already pronounced upon that.
I mean, you hear him there.
These people are psycho They're obsessed with taking away the rights of the American people decide who they want to be president of the United States of America. And even after the Liberals smacked them down in a nine to nothing decision protecting democracy, they immediately like, nope, we're going to go right back to the House. We're going to do what we can to make sure you can't vote for Donald Trump.
Well, and I'll give you a couple of additional facts. Number One, Jamie Raskin was a constitutional law professor, So he's actually a very smart, very well respected law professor and lawyer. But yet his partisan extremism is overwhelming. Number Two,
here's an amazing thing. So Jamie Raskin was elected, and you know, one of the very first things he did when he's elected to the House, what was that He showed up on the floor of the House on January sixth, twenty seventeen, and he stood up and objected to the election and certification of the election of Donald J. Trump.
So, you go, what he calls.
Insurrection is actually one of the very first acts Jamie Raskin ever did in Congress. And yet look, today's Democrat Party, they're so consumed by hate that they really have convinced themselves that Trump Trump is the devil, that Trump is Hitler, that Trump is so horrible, that anything, anything, anything is justifiable. And the irony is every one of those Democrats still puffs out their chests and says, we must defend democracy.
And in their telling, we must defend democracy by stopping the damn voters from voting for someone we don't want them to vote for.
Yeah, there's no there's no accepting that they may be wrong, or that they can that they lose, whether it be an election or ruling. I mean, you look at Keith Oberman. He called for the court to be dissolved in response to ruling. And it's not like, I know, he's crazy, but the number of people that retweeted him and advocated for this the democratic world after he said it, they're like, all right, we don't get away, all right, well, then just get rid of the Supreme Court altogether.
That's not normal.
No, it's extremism, and it is one of the saddest things. Listen, when I first arrived in the Senate twelve years ago, there were moderate Democrats that there are none left in the US Senate. They are only two even arguable moderate Democrats, and they are Joe Manchin and Kirsten Cinema. And as of this week, we now know that the chances of either of them being in the Senate next year are
zero percent. Joe Manchin is announced he's not running again, and then just today Kirsten Cinnamon announced she's not running again. So we know to an absolute certainty that come next year, there will be zero moderate Democrats left. They will all be extreme partisans. They have all become Bernie Sanders, they have all become Elizabeth Warren, they have all become AOC and look much that is a reaction to Donald Trump. I've said many times I think he broke the Democrat Party.
He got in their head and he shattered their brains. But I got to tell you, Ben, I think it's really bad for the country. I don't like seeing the Democrat Party this extreme. Listen, it is healthy for democracy to have two normal parties, to have two somewhat mainstream parties who have disagreements but are not deranged. And what
Trump has done, and look, Trump bears some responsibility. He takes great joy in jabbing his thumb in the eyes of the Democrats, but the effect of it is their brains have exploded out their ears.
Yeah, it's a great point, and you go back to you move from just a Supreme Court ruling to what we also found out this week, and it goes back to corruption. You know, we have a judicial system that's trying to lock up Donald Trump everywhere they can, going after him, trying to bankrupt him, bankrupt his family, basically sending warning shots across about any other conservatives singing about
running for office. But then we also have learned a lot more about what happened on January sixth to those that were there in January sixth that were sentenced to jail, there was major corruption within the Biden Department of Justice.
And I think it's really this has been underreported, and I think it's an extremely important story that I would challenge everyone listening right now take this part of the podcast and put it on social media because what we're about to explain to you, it tells you just how corrupt the Biden Department of Justice when they come against conservatives.
Well, unfortunately, that's exactly right. In the past few days, there was a decision from the d C Circuit Court of Appeals. Now the d C Circuit Court of Appeals of the Federal Court of Appeals in DC. It is considered the second highest court in the land, second only to the US Supreme Court. There are total of thirteen different courts of Appeals, but the d C Circuit is the most prestigious. Judges from the d C Circuit regularly
become Supreme Court justices afterwards. And this was a unanimous decision from a panel, and it's a panel that the full d C Circuit is one of the most liberal circuits in the country. But this panel was three judges appointed by Democrats. The opinion was authored by Patty Millett, who was an appointee of Barack Obama. It was joined by Cornelia Pillard, who was an appointee of Barack Obama. And it was joined by Judith Rogers, who was an
appointee of Bill Clinton. So you have three Democrat appointees. And they concluded that the Department of Justice was wrong when they enhanced the sentences of individuals convicted of rioting or storminting the Capitol on January sixth. And they used an enhancement called the Administration of Justice enhancement. And here's what Judge Millett wrote for the Unanimous Opinion, quote, the phrase administration of justice does not encompass Congress's role in
the electoral certification process. Quote, text, context and commentary show that the administration of justice refers to judicial, quasi judicial, and adjunct investigated proceedings, but does not extend to the unique congressional function of certifying electoral College votes.
Quote.
Administration of Justice enhancements are typically reserved for defendants who disrupt judicial proceedings, such as a courtroom trial or a grand jury investigation. More than one hundred of the defendants have had administration of Justice enhancements applied to their sentences.
Wow, and every.
One of them now is going to go and seek and presumably receive a lower sentence and potentially a significantly lower sentence. And what is striking is the Biden Justice Department sought the enhancement contrary to the law over and over and over again because they are engaged in a jahad. They are like Javert going after Jean Valjean. It is their quest.
Look.
Merrick Garland has absurdly said the Department of Justice has devoted more resources to going after the January sixth protests than any other event in our nation's history, and by the way, that includes September eleventh. What an absurd statement. And to be clear, individuals who engaged in violence on January sixth, and there were certainly individuals who engaged in violence who assaulted police officers. If you engage in violence,
you should be prosecuted and go to jail. But what the Biden Justice Department has done is use the excuse of the violence of a limited number of individuals to persecute hundreds and even thousands of individuals who engaged in peaceful protests, who spoke, who expressed their passionate First Amendment views, but did not engage in violence. And this enhancement was an effort that they wanted to go after you even if you engage in no violence. They wanted to lock
you up. They wanted to lock you up a long time for the crime of being a Donald Trump supporter. And it is striking to have a unanimous decision from three judges, all three appointed by Democrat presidents, saying no, this is not the law. And of course, sadly the corporate media has not covered this virtually at all.
They haven't and it's not just that it's also journalists that are involved, and there's still harassment that's going on from January sixth, which I mean this was January sixth, was, you know, several years ago.
Now.
Blaize News investigative writer Steve Baker, who had been reporting on January six was charged. He was by the FBI, handcuffed by the FBI. And this is another example of the abuse of power here. I think this is a writer, a guy who's been reporting on January the sixth, and it's like they went after him because they don't like what he was actually reporting on. And he said this after he was arrested by the FBI.
This is what he said.
I probably don't have a lot to say right now. I need to process for a little while. I'm actually still shaking a little bit. I don't like what I just went through. I don't like the deliberate humiliation that they put me through. There was no reason to do that. There was no reason to march me into a courtroom in the leg chains. Today there was somebody there answering for a felony and they weren't in chains, Mike, charges
are misdemeanors. It's just it's mind boggling. But that is unfortunately the type of selective persecution that January sixth defendants are facing, and ultimately, what we are looking at here, and probably the only only reason that many of the January sixth defendants have had to go through what they've had to go through is because of what I've talked about so many times and what I've written about so
many times. It's called scary words. It doesn't matter if it's Stuart Rhodes, it doesn't matter if it's the grandmother who chanted Usa Usa in the Capital. It's the scary words that were said. If you don't say the right thing at the right time and comport to the right narrative, that's what they're going to do, is they're going to come after us. And that's exactly what's happened. It's not these charges have nothing to do with my behavior at
the Capitol. These charges are reflective of what I said before and after my speech, what I thought about things, what I joked about. That's what this is reflective of. And so that's what we're up against right now.
I mean, you hear him, and it's not what he did on January sixth, to what he said before and after he talked about that grandmother that was charged when she chanted Usa Usa USA. I mean they went after anyone that was in and around January sixth, even if you were not violent, and if you report it on it and they don't like your narrative, they came after you and they put this guy in leg change just to prove a point.
We are bigger than you.
Well, it is selective persecution, and it's not prosecution. It is persecution. It is targeting the enemies of the regime. And I have to say it is sad. You know, Merrick Garland used to be a judge, actually a judge on the DC Circuit. It was his old colleagues who slapped him down. Understand there's a personal element to this. They all served with Merrick Garland for years. He was very well respected when he was on the d C Circuit.
And yet three of his Democrat appointed colleagues just unanimously reversed what his department is doing because it was contrary to the law. And it's sad to see Merrick Garland turning the Department of Justice into just a partisan enforcement arm. It's doing enormous damage to the rule of law and two decision within days of each other, doesn't seem to have caused them even a moment of pause, a moment of hesitation to say, hey, maybe we should change our course.
And I will say also more broadly, we're going to discuss in a later pod the persecution of the media that the Biden Justice Department is engaged in. And you just gave a good example. But this is all about not the fair and even handed administration of justice. This is about abusing power to go after the political enemies
of the White House. And today the d C Circuit decision that just came down a few days ago is a big victory for the rule of law against the political abuse of power by the Biden Justice Department.
No doubt about it.
We will talk about the media, like you said, in future episodes. There was one headline, just to put an exclamation point on the absurdity of what's happening to journalists. It says, breaking January sixth journalist Steve Baker arrested for reporting on January the sixth. There's a headline for you. Let that sink in. Don't forget. We do this podcast Monday, Wednesday,
and Friday. We'll also have a lot to say after the Stay of the Union that's coming up this week as well, so make sure you stay with us all week long and on the in between days download my podcast, The Ben Ferguson Podcasts, and I'll keep you updated on the latest breaking news on those days and the Center. I will see you back here after the Stay of the Union on Friday morning.