Welcome.
It is verdict with Senator Ted Cruz Ben Ferguson with you, Senator. We have got a lot to talk about tonight, including a massive victory for the state of Texas when it comes to dealing with illegal immigrants at the southern border.
Well, that's right.
This week Texas won a huge victory at the Supreme Court by a six ' three vote. The Supreme Court is allowing Texas to enforce its immigration law to arrest and deport illegal aliens. Now, the victory is temporary, litigation is still ongoing. Nonetheless, it is a major, major step forward.
Number two. This is a great week.
This is a great week for sports fans, and it's March Madness. March Madness is always a lot of fun everyone who loves college basketball. It is a blast to see what's happening. I got to say there are a bunch of Texas teams that are in the mix. And we also have a moment in college athletics that is really remarkable. I think there's a crisis in college athletics with name image and likeness, with the trans for portal.
We're seeing chaos and the wild West in college athletics. Well, last week I sat down with former Alabama head coach Nick Saban and several others at a round table discussing how to fix college athletics. We're going to get into that in depth. And finally, the media this past week suffered an utter blood bath of hypocrisy when it came to attacking Donald Trump. We're going to expose it all absolutely. That may be one of the most fun stories of the show today. Want to talk to you real quick
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Center.
This may be one of the weirdest twenty four hour news stories I've seen in a long time that deals with the rights of the state of Texas. And this story that initially came out that the Supreme Court said, no, you cannot arrest people coming across the southern border who were here illegally. That's the job of the federal government.
But then within twenty four hours it flipped. Please explain to everyone that's confused how this went from a massive you know, victory and celebration by the left all of a sudden, just kidding. Now Texas has the ability to protect its border from illegal immigrants that are invading.
Well, it's a big victory, but it may be a temporary victory. So what's happened. Well, we all know that we've got an historic crisis of illegal immigration levels that have never been seen in the history of our country. Millions and millions, over ten point four million illegal immigrants crossing into this country, the vast majority crossing into Texas. We also know that Joe Biden is refusing to enforce federal immigration laws, is releasing millions and millions of illegal immigrants,
is causing this crisis. My home state of Texas has said enough is enough, and Texas is taking extraordinary steps trying to address that crisis. One of those steps is Texas passed to bill Senate Bill for that was designed to give the State of Texas the authority to handle directly this crisis and in particular to arrest people who've
crossed illegally into this country and to send them back. Now, when Texas passed that legislation, the governor justified it, the legislature justified it under the constitutional provisions giving the state to the authority to defend itself in the case of invasion. Well, of course, plaintiffs immediately went to court and sued, and a federal district court issued an injunction against Texas's law, ordered Texas do not enforce the law. That went up
on appeal to the Fifth Circuit Federal Court Appeals. The Fifth Circuit Federal Court of Appeals vacated that injunction. In other words, it said, Texas, you can enforce the law. Now understand, the Fifth Circuit has not answered the question whether it thinks Texas's law is consistent with federal law the Constitution. It simply said, while this appeal is pending, Texas because it can enforce the law. The Biden Department of Justice appealed that decision to the U. S.
Supreme Court.
The Supreme Court initially stayed the enforcement of the law while it considered what to do, but that was a temporary administrative stay. And then yesterday the Supreme Court concluded it was not going to impose an administrative stay. Now that was a six to three decision. The three liberal justices dissented. Justice Soda Mayor dissented along with Katanji Brown Jackson along with Atlana Kagan.
Those three dissented.
Justice Barrett and Justice Kavanaugh wrote a brief concurring opinion. Their concurring opinion, they said, listen, we're not resolving whether this law is constitutional. We're not resolving whether this law is consistent with federal law. We're simply saying that while the appeal is pending, it's up to the Federal Court of Appeals whether to stay the effect of the law or not. The three to center said, that's terrible. This
is going to upend all of immigration law. And what Justice Barrett and Kavanaugh said is, listen, the Fifth Circuit is going to resolve this issue quickly. If they don't resolve it quickly, the United States might come back to us. What does all of this mean, Well, the challenge to this law, the biggest challenge is a decision from the Supreme Court called Arizona versus United States. Arizona versus United States is a twenty twelve decision of the Supreme Court.
You remembered back during Barack Obama when an illegal immigration got bad. Under Obama, Arizona passed a law that had some similarities to Texas's Senate Billfore and the Obama DOJ took that to the Supreme Court, and the Supreme Court struck it down. Supreme Court concluded in Arizona versus United States, quote, the government of the United States has broad, undoubted power over the subject of immigration and the status of non citizens.
And the Court continued in that case, quote, it is fundamental that foreign country is concerned about the status, safety and security of their nationals in the United States must be able to confer and communicate on the subject with one national sovereign, not fifty separate states. Texas, in bringing this case, is trying to challenge the case of Arizona versus the United States, and it's trying to get the
Supreme Court to overturn it. The Supreme Court said that quote, the removal process is entrusted to the discretion of the federal government because removal decisions touch on foreign relations and must be made with one voice. And so what Texas is trying to do is is get the court to overturn that decision. I don't know if they will or not. I can tell you a central argument in this case
is the circumstances are different. So there's a way for the Supreme Court to uphold the Texas law without overturning
the early Arizona case. And what it could conclude is the Arizona case is usually the rule, which is that states cannot deport people under normal times, but the mass of the invasion is so great, and the invasion Clause the Constitution gives state special powers that in an instance where the federal government, where the executive is defying the federal immigration laws refusing to enforce it, when it is an order of magnitude worse than it's ever been, then
a state has the extraordinary powers to defend itself and defend its sovereignty. Now, to be clear, that would be making new law. That would be a landmark decision. And so Texas is pushing the bounds of jurisprudence. But it's doing so because this crisis has never happened before. The long and short of it is, this victory could go away. It could go away in the Fifth Circuit Court of Appeals. It could go away on a subsequent appeal to the
US Supreme Court. But right now, the Supreme Court has concluded that Texas has the authority to arrest the legal immigrants and to send them back and that is a big damn victory, not just for Texas, but for the whole country.
All right, So let's talk about the timeline here.
And you said that this could be a short lived victory, So let's talk about the timeline. When could this in theory be heard and possibly go in the other direction if that is the scenario that plays out hypothetically.
Well, it could be very fast. So the briefing on the motion to stay pending appeal has already been briefed in the Fifth Circuit. It was fully briefed by March fifth. It is set to be argued on April third, So just for a couple of weeks. The Fifth Circuit could issue an opinion on that motion to stay very soon.
Thereafter.
There's also briefing on the underlying merits of the appeal, whether or not the law is constitutional and consistent with federal law. That will take longer. But what the Supreme Court said, what Justice Parritt and Justice Kavanaugh said, is if the Fifth Circuit does not issue a decision on the stay pending appeal soon, the Biden administration could go
back to the Supreme Court. So I would expect to see a decision from the Fifth Circuit within sixty days and potentially shorter than that, potentially a couple of weeks to a month, and depending on what the Fifth Circuit concludes, it could go back to the Supreme Court. All of which is to say this issue is not over. There's a whole lot more litigation to come. Nonetheless, this victory yesterday was significant and I'm glad for it.
Final question on this for you, and I want people to understand what this allows Texas to do. The Supreme Court is saying, we're going to allow the law right that would allow the Texas National Guard to who arrests into port of legal aliens within the state of Texas.
How would that work and play out?
And would that be something that they can basically jump on and start enforcing right away or could that take weeks or months?
Yeah, look, they could jump on it right away.
So Senate Bill four makes it a crime for a non citizen to enter or attempt to enter Texas directly from a foreign nation or any location other than a lawful port of entry. It also makes it a crime for a non citizen to enter, attempt to enter, or be found in Texas after having previously been denied admission to or excluded to, ported, or removed from the United States. These crimes are punishable by thousands of dollars in fines
and up to one year in prison. Once Texas charges a non citizen under Senate Bill four, a state judge may, with the consent of the non citizen, enter an order that quote requires the person to return to the foreign nation from which the person entered or attempted to enter before any conviction. Once the non sense sentences non citizen is convicted, the judge quote shall enter on order requiring the person to return to the foreign nation from which
the person entered or attempted to enter. So it gives the State of Texas the authority to arrest illegal aliens and to send them back to where they came from. Historically, that has always been the federal government's province. And so this litigation is going to turn on whether the circumstances are so extraordinary that Texas is justified legally at acting here. And it's also ultimately going to turn on whether the
Arizona decisions should be overturned. Of course, the Court of Appeals can't overturn a Supreme Court decision, so that would have to be the Supreme Court of the United States that would overturn that.
You just think about the visual of this.
We've seen so many illegals you've watched then when you've been at the border, come across the border, they run and turn themselves into board patrol. That could all change in Texas, where all of a sudden, these individuals aren't turning themselves in, they're being arrested. We haven't seen this in the last three years.
Yeah, And what it may well do is accelerate what we're seeing already, which is illegal aliens and cartels moving to California or Arizona or New Mexico in avoiding Texas. And I'll tell you that's not great for the country's perspective. But from Texas, I'm glad if we secure our damn border and let California worry about their open borders.
Yeah, puts pressure on other states to realize they got to do something to fight this problem and start standing up to the President and the Department of Home in Security, no doubt about that. Want to talk to you real quick about your cell phone service. For ten years, Patriot Mobile has been America's only Christian conservative wireless provider. And
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on social media. They can follow you on social media and check it out there. In fact, one of you can even get a chance to play basketball with you if you pick the winning team. So you can find all that on search social media. It's really cool. But you also had a very serious conversation addressing what's happening now with student athletes rights, specifically with their name, image and likeness. And you had a very interesting conversation with a legendary football coach in Washington.
Tell us a little bit about this.
Well, sure, I'll say, first of all, I filled out my bracket this week. I have to admit it's a bit of a Homer bracket. We've got some great Texas team playing. So my final four is Yukon against Baylor and Houston against University of Texas. In the finals, I have Baylor against Houston and I'm predicting you of h to win the whole thing.
So I will.
Readily confess to being a Texan and biased for my home state teams. But I got to say I think they've got the game to potentially deliver. And it's always fun. I mean, the joys of March madness. Sharing on your teams is always fun. I will say this is a particularly unusual time because although it, you know, college athletics bring people together from all sorts of different walks of life, I think they've never been under greater threat than they
are right now. And we've got with the current state of AffA with name, image and likeness, is that athletes are being paid by schools vast sums of money, sometimes millions of dollars. You combine that with a transfer portal, and you have right now the wild West, and it threatens, I think, to really jeopardize the competitiveness of college athletics, to jeopardize the loyalty that fans have to their teams,
that players have to their teams. If it becomes just a mad bidding war, that there's a real threat of a handful of super schools and a bunch of other schools that are also runs that can't afford to compete financially. And so I think there's a real need to assess what do we do to ensure that college athletics continues for a long time. Last week I hosted a roundtable
in the Senate. I'm the ranking member of the Senate Commerce Committee, and the Commerce Committee has jurisdiction, among other things, over athletics, and so it is squarely within our committee's jurisdiction and the roundtable, I was joined by coach Nick Saban,
the former coach of Alabama Legendary College. Coach was also joined by the ACC Commissioner, was joined by the athletic director of Alabama, was joined by the Cavender Twins, two star women basketball players who both participated, and then by an NIL attorney and by the Collective Association president. And we spent a couple of hours talking about these issues. I got to tell you, Ben, I think it is really critical that Congress acts that if we don't act,
we're risking seeing enormous damage done to college athletics. And that would be a tragedy. Number one for all the fans who love cheering on their teams, but number two for all the young men and women who for whom college athletics gives them a path to get an education. If we let this get get screwed up, it would be be tragic. I don't want to see that happen.
Santa.
You mentioned this round table, and I want to play some of your opening remarks. You were sitting there next to Nick Saban, which is, by the way, if you're a sports fan.
It's just cool. He's a legendary coach.
I'm so glad he retired so I don't have to deal with him playing him every year because he's a brilliant mind in football.
But here's part of what you had to say.
Fear and many others, Fear threatens to jeopardize all that is working so well with college athletics. More and more there is agreement that Congress needs to act to ensure that we have a level playing field, that we have real competition, that college sports can continue to thrive in
the decades going forward. And this roundtable is designed to be a discussion with numerous stakeholders who are engaged in the process to get perspectives on what is needed and what is not Right now, we have the brave new world of nil and college athletes, now, many of them earning very significant sums of money.
I for one, think that's a good thing.
I think it is good that young men and young women have worked incredibly hard to develop fantastic skills that in turn can generate enormous economic activity. Should be entitled to enjoy the fruits of their labor, should be entitled to benefit. But we also need a system where we have real competition and fair competition, and not just one or two monster schools and everyone else as a hanger on, but real competition throughout the league to make for good games.
We also need to make sure the rules that are in place don't just focus on Power five conferences, don't just focus on football and basketball, which generate most of the revenue.
But we need to.
Keep in mind and keep our focus on smaller schools, Division two schools, Division three schools, and we need to focus on the many other sports that are not going to be playing on ESPN, but nonetheless provide an avenue for young women and young men to go to school and to get an edge. We now have a patchwork of nil laws state by state that makes it difficult
to navigate. We have multiple active litigation going on that prevents the NCAA and conferences and universities from enforcing the rules or even knowing what the rules are.
And we have a lot of uncertainty.
For student athletes and for agents and collectives who are trying to navigate the evolving and unpredictable rules but uncertain what they're going to be today and even more so, what they're going to be tomorrow.
The purpose of this discussion is to listen.
If we do it right, a number of senators are expected to join us. We have with us today Senator Moran and Senator Tillis, and I think others will be coming in and out throughout the day. There are many members, both Republicans and Democrats, very interested in this topic. And I will say if we're going to go forward, and I very much want Congress to pass meaningful legislation addressing ANIL. But if we're going to go forward, it is going
to take bipartisan cooperation. If this simply becomes a partisan exercise of shirts and skins, we know how that ends. That ends with a vote that doesn't pass through Congress. So we have and I will say many of us here at this table have had multiple good, productive conversations with senators on the other side of the aisle, and I think we are coming towards some outlines of consensus, but we're not there yet, and I'm hopeful this conversation will help move the process forward.
You talked about this being bipartisan. Senator, rarely in Congress do you get something. I think everybody kind of agrees, Hey, we need to make sure this is done right. And you mentioned every different state's got different things, and this has become the and I kind of become the wild wide West. But having this discussion, does there seem to be a lot of consensus here on both sides of the aisle and pretty easy to get people of the table here and say, hey, let's do this in a responsible manner.
Well, yes, and no, I would say there's bipartisan agreement that Congress needs to act, and I think senators on both sides are realizing, Hey, we've got a real problem here. What is not clear is if we can reach consensus on what acting looks like. I think there's a need for a federal legislation. We've got a bunch of states stepping in passing their own nil legislation, but you end up having this conflicting patchwork. So, for example, Texas has
passed nil legislation. It did something I've never seen the state of Texas do before, or for that matter, any state legislature. In the Texas State Bill, it explicitly calls on Congress to act. It says, Look, it's not great for each of the states to be doing this. This ought to be a federal rule that applies to everyone.
And so I've drafted legislation, I've circulated it. I spent the better part of a year listening to stakeholders, listening to universities, listening to athletic conferences, listening to players, listening to all sorts of players across across the world of college athletics, and trying to capture their best practices. Legislation that I've put forward number one. Number one, it protects the ability of student athletes to earn from their name, image,
and likeness. And I think it's only fair. If you've worked incredibly hard, you've developed fantastic skills, you should be able to reap the rewards the fruits of your labor. But number two, it empowers the NC double A to set rules and set standards. Now, there have been some other senators that have introduced legislation that would put the federal government in charge of setting the rules and standards, either the government or a quasi governmental organization.
I think that's a mistake.
I think if you have politicians or bureaucrats, I mean, can you imagine what a nightmare would be to have congressional hearings on what constitutes pass interference?
Yeah, I mean be bad. That's bad. So it would never get it would never get agreed upon ever.
Right, are there problems with the NC double A, Yes, but it's the least worst option out there, and so my legislation protects the ability of the NC DOUBLEA to set rules. It also provides for things like the redis of agents. Right now, you have seventeen, eighteen, nineteen year old students who are being represented by agents. They don't know if these guys are honest, they don't know their background. There's no transparency, and it's really setting kids up to
be swindled by people taking advantage of them. So it sets up for a system of registration of agents. It also sets up a system of transparency where you can see what the name, image and likeness market is. You can see what other schools, what other positions are paying, so that you're not operating in the dark. And I've introduced this legislation. I put it out there, and I have been in the process of negotiating with several Democrats
to see if we can get to common ground. One of the important things my legislation also provides is that student athletes are not employees. This is a big question. It's being litigated right now. I think it'd be a disaster if student athletes were treated as employees. I think if that happeneddent athletes were treated as employees, it would end up badly damaging particularly smaller schools Division two schools, Division three schools, and it would badly damage non revenue sports.
So football and basketball would be fine. But look, you played men's tennis women's golf, volleyball, swimming, track and field. You know, universities are saying across the board those sports would be obliterated by treating student athletes as employees. I'll say, the historically black colleges and universities have come in and said, likewise, please do not make student athletes employees. It will decimate
our athletic programs. And so I'm in the process of negotiating and trying to find Democrats who are willing to find common ground on this. If we can't get common ground, the bill's not going to pass. I think we're close, but we're not there yet. But I will say, you know, sitting at the roundtable with Nick Saban, it was striking. I asked Coach Saban, I mean, he just stepped down from being one of the most successful college football coaches
in all time. And I asked him, I said, coach, was the current chaos of NIL and the transfer portal and everything? Was that a factor in your stepping down? And listen to what Nick Saban said in response to my question.
All the things that I believed in for all these years fifty years of coaching no longer exist in college athletics. So it's always about developing players. It was always about helping people move more successful in life. My wife even said to me, we'd have all the recruits over on Sunday with their parents for breakfast, and she would always meet with the mothers and talk about how she was going to help and impact their sons and how they
would be well taken care of. And she came to me, you know, like right before I retired, and said, why are we doing this? And I said, what do you mean? She said, all they care about is how much you're going to pay them. They don't care about how you're going to develop, which is all what we've always done. So why are we doing this?
I mean it drove him, I think from the game.
Yeah, no, it's striking. And listen, if Nick Saban can't stand it anymore, how the heck is anyone else supposed to it? And I got to say, the genuine concern I've heard from coach after coach after coach, rom athletic director after an athletic director, from the heads of conferences, they are genuinely afraid that we've got a short window of maybe a year or two to act to preserve college sports or else we are risking major and permanent damage. So I hope we see Congress Act. I'll tell you
I put the odds at about fifty to fifty. I think we're close to getting bipartisan agreement. I'm spending a lot of time talking with several Democrats and we're close.
And it was good.
A number of Republicans and Democrats came to this roundtable participated. It was a good conversation. And what was nice about it is it wasn't a hearing where there was show voting in grandstands. It was a real conversation. And I do think there's a desire to act to make sure we preserve something amazing because I got to say, when you're cheering for your school, it brings people together across party lines, across races, across ethnicities, across everything when you're
cheering together, and that's something amazing and special. And it's also such a powerful pipeline. There's so many young men and women who are getting college educations who wouldn't get it without college athletics that if we screw this up, it would be enormously.
Damaging, no doubt about it.
I want to get into this other big issue, and that is there has been a lot of oops is with the media when it comes specifically to their obsession with the President of the United States of America saying something that they took out of context and lie of the American people about bloodbath.
I'm going to have more on that in just a moment.
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slash verdict. Blackoutcoffee dot com slash verdict, promote code verdict for twenty percent off your first order. Senator you and I mentioned this in a previous show. There was a lot of lying about what Donald Trump actually said when he said the words bloodbath. We played that clip here for people. Then I'll give a quick reminder. He wasn't threatening civil war in this country if you don't vote for him, which is what the media implied and kept
writing stories and losing their minds over it. What he was saying was, hey, as president, we got to get at our house and order, especially on trade, automobile manufacturing. If we don't, there's gonna be a bloodbath for the American consumer. Here's Trump in his own own words.
Mexico has taken over a period of thirty years, thirty four percent of the automobile manufacturing business in our country.
Think of it went to Mexico.
China now is building a couple of massive plans where they're going to build the cars in Mexico. And think they think that they're going to sell those cars into the United States with no tax at the border.
Let me tell you something to China.
If you're listening, Presidency, and you and I are friends, but he understands the way ideal those big monster car manufacturing plants that you're building in Mexico right now, and you think you're going to get that, you're going to not hire Americans and you're going to sell the cars US. Now, We're going to put a one hundred percent twer for in every single car that comes across the.
Line, and you're not going to be able to.
Sell those cars if I get elected. Now, if I don't get elected, it's going to be a blood bath for the whole That's going to be the least of it.
It's going to be a blood bath for the country.
That'll be the least of it. But they're not going to sell those cars. They're building massive factories of center.
There's the president's words, nothing close to what the media actually said. They freaked out over the word bloodbath in general. But now we've we kind of got him right, Like we have the media saying the word blood bath.
That's the best part of this show. We get to play that for you.
Yeah, look, that's exactly right. And we talked about this in Monday's podcast, which if you didn't listen to, you how to go back and listen to. But the media went crazy attacking Donald Trump because he used the word bloodbath, and they took it wildly out of context, and they suggested the headlines all suggested that Trump threatened a blood bath, in other words, violence in the streets if he didn't win. Now,
you just heard what he said. He was talking about auto imports and American jobs and manufacturing jobs, and in context, it was a perfectly normal position for him to take concerning concerning protecting American jobs. And the media and the Democrats they knew they were taking him out of context and they were just scare mongering, and so they were really caught in a lie. But I got to say
it's not just a lie, it is brazen hypocrisy. So in the media's defense, I guess using the word bloodbath is some sort of mortal sin that means you're really advocating violent revolution. Well if that's the case, listen to how many gazillion left wing media talking heads have used the exact same language talking about politics.
But as politico dot com reports tonight on the quote bloodbath at the RNC headline's calling it a quote bloodbath, blood bath, not only is it going to be a blood bath, but after they leave of.
New Hampshire, it's a bloodbath on her home turf.
That's really tough.
Has left a lot of corpses in his wake. I mean, we haven't count in the body.
As part of the quote MAGA drive to take over Maricoopa County, and the headline refers to it as an impending blood.
Bath, calling as Charles blow As a new piece for The New York Times entitled a Biden blood.
Bath ony eighteen mitrums, you can bet the A one hundred percent of fearing a slaughter.
In fact, the word blood bath and massacre come up frequently.
The Republican Party will be destroyed. It's going to be a bloodbath. There's going to be a bloodbath one way or the other.
Bloodbath for Bernie Sanders.
It's been a bloodbath.
They're shaping up to be a blood bath.
Head off a blood bath in next year's crucial midterm off Your elections are often a blood bath.
This week's bloodbath for Democrats, a blood bath at the ballot box.
There could be a Republican blood bath. We'll talk about a blood bath. It's a bloodbath.
I have to talk about you and at least it's going to be a bloodbath all day long.
Is in for a bloodbath? Has it been a blood bath on the way down?
With Donald Trump?
Blood bath?
Be a blood bath, predicted to be a blood bath.
May not be the blood bath. It would be a blood bath, more of a blood bath. It's going to be a blood bath in November as well.
Biden blood bath this November, a blood bath.
On Wall Street. There's gonna be a blood bath in Alabama. Into a bloodpath.
Obviously there was a blood bath.
It was a blood bath. We're down eight hundred point this blood bath.
As Department Homeland Security.
And it's a blood bath today. There was going to be this blood bath election blood bath.
It could be a bloodpath for that blood bath.
Possibly bloodbath went through with the Attorney general blood bath ninety nine days out. The blood bath that's going to look like resided over a bloodbath in the diplomatic corelute.
In my opinion, bud blood bath.
The Democrats are calling it a ticket sales turn into a blood bath.
Ticket sales for singer Taylor Swift's latest tour. It's safe to say the fans had a blood bath for the company.
Off to the gasket.
I hope everybody takes that center shares it on social media because it's just such a perfect example of the scumbaggery of the media. They freak out when Trump says it, but they'll use it every day.
That's absolutely right. We've got the receipts.
We've got them, and I got to say the media's hypocrisy. It's just an absolute blood bath.
Don't forget we did this show Monday, Wednesdays and Fridays.
We promise it will never be a blood bath.
Hit that subscribe or auto download button and I'll keep you up to date on the breaking news on those in between days. So down with the Ben Ferguson podcasts as well, and I'll keep you update there and the Sunday and I will see you back here Friday morning.