Speaker 1: There is news coming out of Washington right now that
Speaker 1: Republican senators are now urging Mitch McConnell, the Republican leader
Speaker 1: in the minority, to ensure that the Majorcis impeachment trial
Speaker 1: moves forward. That's right, Thirteen Republican senators are now on
Speaker 1: the record is urging the GOP leader to force a
Speaker 1: formal impeachment trial of President Joe Biden's pro migration border
Speaker 1: chief Majorcis. Myorcis, was impeached by the House on February
Speaker 1: thirteenth for refusing to enforce the nation's border laws. The
Speaker 1: Democrats and some pro establishment GOP centers are hinting they
Speaker 1: will ignore the House's impeachment and will not conduct the
Speaker 1: Mayorchis trial in the Senate. The senator's letter to Mitch
Speaker 1: McConnell says this quote, can we call on you to
Speaker 1: join our effort to jettison this approach by Democrats to
Speaker 1: shrink their constant duty ensure that the Senate conducts a
Speaker 1: proper trial and that every Senator, Republican and Democrat, adjudicates
Speaker 1: this matter when the Senate returns. A Senate decision to
Speaker 1: ignore the House's impeachment is an action rarely contemplated and
Speaker 1: never taken by the US Senate in the history of
Speaker 1: our republic, the GOP lead letter says, adding this, it
Speaker 1: remains to be seen if the Senate rules will even
Speaker 1: allow us to brush aside our duty in this manner.
Speaker 2: But one thing is for sure.
Speaker 1: If a similar strategy was contemplated by Senate Republicans while
Speaker 1: we were in the majority, with a Republican occupying the
Speaker 1: White House, the opposition would be fierce and the volume
Speaker 1: from Democrats would be deafening. Thirteen GOP centers, including Senator
Speaker 1: Mike Lee, Senator Ted Cruz, Senator Ron Johnson, Senator Rick Scott,
Speaker 1: Senator Roger Marshall, Senator Ted budd and Senator Marsha Blackburn,
Speaker 1: have all joined together in this. Senator Chuck Schumer, a
Speaker 1: Democrat from New York, the Senate majority leader, has already
Speaker 1: dismissed the impeachment, saying this House Republicans failed to present
Speaker 1: evidence of anything resembling an impeachable offense. This is a
Speaker 1: new low for House Republicans. Schumer ended his statement Senator
Speaker 1: Mike Lee putting this out on X saying, quote, GOP
Speaker 1: leadership must push for an impeachment trial for the Department
Speaker 1: of Homeland Security Secretary. My orcis we cannot allow Chuck
Speaker 1: Schumer to sweep the Biden administration's border invasion under the rug. Now,
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Speaker 1: in your account. Now, now you combine this with the
Speaker 1: story that I talked about on our last show, the
Speaker 1: story and a warning coming from Obama administration officials about
Speaker 1: the number of Terrasts on the Terrast's watch list that
Speaker 1: are coming across our southern border at staggering rates, and
Speaker 1: those are the ones that we're catching. We also have
Speaker 1: a warning that says we are really concerned about Terrists
Speaker 1: coming across the border, that we have not caught the gotaways,
Speaker 1: and how many of those are there, we may never know.
Speaker 1: But what I do know is this, these senators are
Speaker 1: now coming together and they're saying, it is clear that
Speaker 1: the Department of Home Land Security Secretary Majorcis is not
Speaker 1: enforcing the federal laws that are on the books. He
Speaker 1: is putting our national security at risk. He is deliberately
Speaker 1: looking the other way. And that's why the House indicted
Speaker 1: my Orchis for refusing their words to enforce Congress's laws
Speaker 1: that reques acquire the detention of migrants at the nation's
Speaker 1: border until their asylum claims are completed.
Speaker 2: What we also know is this administration.
Speaker 1: Is proud of the fact they've allowed twenty million plus
Speaker 1: legal immigrants into this country, and they have pushed to
Speaker 1: give them voting rights just six years from now in
Speaker 1: the year twenty thirty, pro migration advocates, including my Orchis,
Speaker 1: describe their alternative catch and release policy is just prosecutoral discretion,
Speaker 1: as they describe it. However, the policy clearly encourages, the
Speaker 1: Republicans say, illegal migration by showing would be migrants that
Speaker 1: they can get the American jobs they need to pay
Speaker 1: smuggling debts. Poor migrants can now safely mortgage their homes
Speaker 1: and farms to get a job in the United States
Speaker 1: of America because of the Biden administration.
Speaker 2: Specifically my Orchis, the.
Speaker 1: Policy also gives the business alliance of smugglers, drug cartels,
Speaker 1: their members, and labor traffickers a quasi legal convoy belt
Speaker 1: for getting clients into the United States of America and
Speaker 1: getting their clients' wages back to foreign bank accounts. This
Speaker 1: unspoken cooperation between the smuggling business and the White House,
Speaker 1: Republicans say, successfully extracts vast amounts of human resources from
Speaker 1: needy countries. The imported workers, consumers, and renters then push
Speaker 1: up Wall Street stock values by shrinking American wages, subsidizing
Speaker 1: low productivity companies, boosting rents to levels we've never seen
Speaker 1: in this country. And spiking real estate prices because of
Speaker 1: the high housing demand is destroying many Americans dream of
Speaker 1: owning their own home.
Speaker 2: But that's not all. Under Biden and then under moorcis.
Speaker 1: The policy that they have is basically imported at least
Speaker 1: six point two million migrants that they believe should be
Speaker 1: voting in our elections. It has killed Americans, many Americans
Speaker 1: and killed many of the migrants who are taking a
Speaker 1: very dangerous voyage, in illegal voyage into the United States
Speaker 1: of America. Many of them are on the taxpayer funded
Speaker 1: jungle trail through the Panama Canal, the Darren Gap in Panama.
Speaker 2: This is part of the problem as well. Then there's
Speaker 2: the other problem.
Speaker 1: Fetanyl fetanel is the number one killer of people in
Speaker 1: this country forty nine and under the lethal and destructive
Speaker 1: cooperation with this administration, with the drug cartels, with the
Speaker 1: human smugglers is the worst thing this country has ever
Speaker 1: seen and it is changing this country and majorcists knows it.
Speaker 1: We have a nation that's supposed to have borders that
Speaker 1: no longer exist in this country.
Speaker 2: Let me say that again.
Speaker 1: This man who's in charge of our border security has
Speaker 1: single handedly, at the obviously support of the White House,
Speaker 1: quietly dismantled this nation's border and our border defenses. MYORCIS,
Speaker 1: for example, has repeatedly asked Congress to quote fund fewer
Speaker 1: detention beds.
Speaker 2: Why. I think we all know why.
Speaker 1: Similarly, McConnell's border bill would have legalized a catch and
Speaker 1: release highway for all migrants who simply promised to file
Speaker 1: for asylum. The secretly negotiated bill was discarded once the
Speaker 1: GOP Caucus learned how it would open the nation's borders.
Speaker 2: And that's not all.
Speaker 1: We also know that many of these Republican Rhinos are
Speaker 1: not willing to fight for our border security.
Speaker 2: They're not willing to protect our border security.
Speaker 1: They're not willing to do anything to support Americans' lives
Speaker 1: when it comes to what's happening with FETNL as well.
Speaker 1: Now you put all of this together and you realize
Speaker 1: that this is the most Unamerican policy we've ever had
Speaker 1: in this country. And when I say un American, what
Speaker 1: I mean is they're trying to fundamentally change this country.
Speaker 1: They're trying to change this country into something that you
Speaker 1: can't even recognize. That's what the administration is trying to do.
Speaker 1: And it's not just they're trying to do that. What
Speaker 1: they're also trying to do is they're trying to make
Speaker 1: sure that once this many people get into this country illegally,
Speaker 1: there's no way.
Speaker 2: You can ever get them out.
Speaker 1: One of the things that I love about this show
Speaker 1: is I get to let you hear what's going on
Speaker 1: in Washington. As many of you know, I co hosse
Speaker 1: podcast with Center Ted Cruz is called Vertic with Tech Cruz,
Speaker 1: and I got to ask him about him signing this
Speaker 1: letter and what the Republicans plan is moving forward and
Speaker 1: what they are going to have to deal with when
Speaker 1: it comes to Mitch McConnell. I want you to hear
Speaker 1: that part of the conversation. Take a listen.
Speaker 2: Well.
Speaker 3: Next week, the Senate will receive the articles of impeachment
Speaker 3: and the Senate will return from recess on February twenty sixth,
Speaker 3: And under the Senate rules, when the Senate receives articles
Speaker 3: of impeachment, the next thing that happens is that senators
Speaker 3: are sworn in as jurors the next day and a
Speaker 3: trial is supposed to proceed. However, Chuck Schumer has made
Speaker 3: clear he doesn't want to have a trial. He doesn't
Speaker 3: want anyone in America to know about the absolute disaster
Speaker 3: that is unfolding on our southern border. And so what
Speaker 3: Schumer is indicated he intends to do is use a
Speaker 3: procedural mechanism called take the articles of impeachment. What does
Speaker 3: it mean to table the articles of impeachment? It means
Speaker 3: he wants the Senate to vote no, we're not going
Speaker 3: to take these up. In other words, he wants the
Speaker 3: Senate not to adjudicate the articles of impeachment at all,
Speaker 3: not to conclude guilty or not guilty, simply to table
Speaker 3: it on a party line vote and move on. And
Speaker 3: the purpose of this look, we've talked a lot on
Speaker 3: this podcast about how the disaster on the southern border.
Speaker 3: You cannot defend it on the merits, you cannot defend
Speaker 3: it on the substance. The Democrats have one strategy and
Speaker 3: one strategy only, and that is hide it from the
Speaker 3: American people. In order to hide it from the American people,
Speaker 3: they need to make sure that the average person doesn't
Speaker 3: know the human suffering that the Democrats open borders are causing.
Speaker 3: That's why Schumer wants to table the articles of impeachment
Speaker 3: at the outset, never have a trial, never hear the evidence,
Speaker 3: never consider anything, and never put any senator on record
Speaker 3: adjudicated the claims. And so in response to that, Mike
Speaker 3: Lee and I together led a letter to Mitch McConnell,
Speaker 3: and it's a letter that was signed by thirteen senators
Speaker 3: and it calls on Mitch McConnell to stand up and
Speaker 3: fight for the Senate to fulfill our constitutional obligation under
Speaker 3: the terms of the Constitution, when the House impeaches, we
Speaker 3: have an obligation to conduct a trial and to adjudicate
Speaker 3: the guilt or innocence of the individual who's impeached. And
Speaker 3: Chuck Schumer is trying to, for the first time in
Speaker 3: our country's history in over two hundred years, refuse to
Speaker 3: adjudicate an article of impeachment. Simply table it, make it
Speaker 3: go away, say never mind, nothing to see here, and
Speaker 3: give every Democrat senator a get out of jail free
Speaker 3: pass by avoiding the need for them to give an
Speaker 3: answer on guilt or innocence.
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Speaker 1: try would look like and explain. Because this is it's
Speaker 1: not saying it's happened in my lifetime. It's something it's
Speaker 1: very rare when it's a cabinet member obviously throughout history.
Speaker 1: But let's talk about what a trial would actually look like.
Speaker 1: Does it look very much like what we've seen before
Speaker 1: when it comes to an impeachment trial for a president.
Speaker 3: Well, it potentially does, but there are differences. So, for example,
Speaker 3: the Constitution specifies that when the President of the United
Speaker 3: States is impeached, the Chief Justice of the United States
Speaker 3: will preside. By the way, interesting trivia, do you know
Speaker 3: what the title of John Roberts is?
Speaker 2: What is it?
Speaker 3: John Roberts is the Chief Justice of the United States.
Speaker 3: He is not the Chief Justice of the United States
Speaker 3: Supreme Court. Just like Joe Biden is the President of
Speaker 3: the United States, John Roberts is the Chief Justice of
Speaker 3: the United States. That that is the formal and technical title.
Speaker 3: The Constitution provides the Chief Justice will preside over the
Speaker 3: impeachment trial of a president. Because obviously mayor is not
Speaker 3: a president, the Chief Justice will not preside. Instead, the
Speaker 3: trial is typically presided over by the President pro tem,
Speaker 3: which right now is Patty Murray, Democrat, Senator from Washington State. Now,
Speaker 3: when it comes to cabinet members impeaching cabinet members is
Speaker 3: exceptionally rare. In fact, this is only the second time
Speaker 3: in history the House is impeached a cabinet member, and
Speaker 3: even that is overstating it because the last Cabinet secretary
Speaker 3: to be impeached was Secretary of War William Belknap, and
Speaker 3: that was in eighteen seventy six. Now what's interesting about
Speaker 3: Belknap is right before the House voted to impeach him,
Speaker 3: Belknap resigned. So may Orcas is actually the first sitting
Speaker 3: cabinet member ever to be impeached. And in terms of
Speaker 3: how the trial will proceed, the Senate is not obligated
Speaker 3: to hold a full trial on the floor of the Senate,
Speaker 3: as the Senate does for the impeachment of a president,
Speaker 3: and so, for example, in past impeachments, a number of
Speaker 3: judges have impeached, and what the Senate has done in
Speaker 3: the past is appointed an impeachment committee to conduct the trial.
Speaker 3: And typically that committee consists of an equal number of
Speaker 3: Republicans and Democrats, members of both parties, and so it
Speaker 3: can be a smaller group of the Senate that conducts
Speaker 3: the trial. But what has always happened is that the
Speaker 3: House managers get to present their evidence, they get to
Speaker 3: prosecute the case, they get to put on the trial.
Speaker 3: And what has also always happened is the senators adjudicate.
Speaker 3: All one hundred senators ultimately adjudicate guilt or innocence. So
Speaker 3: if the Senate appoints an impeachment committee, that committee makes
Speaker 3: a recommendation to the Senate, but then every Senator goes
Speaker 3: on record voting. What Schumer is trying to do he
Speaker 3: knows that if there's a trial, even of a smaller
Speaker 3: committee than the full Senate, that that will force press
Speaker 3: coverage of the absolute disaster Mayorcus has been, the disaster
Speaker 3: Biden has been, the open border chaos they have produced.
Speaker 3: And Schumer doesn't want anyone to know that. And so,
Speaker 3: as I said, what he wants to do is instead
Speaker 3: just right at the outset before anything starts, say we're
Speaker 3: not going to hear any evidence. We're not going to
Speaker 3: have a trial. The House managers are not going to
Speaker 3: present the evidence. They don't get to prosecute the case.
Speaker 3: No senator is going to vote guilty or not guilty.
Speaker 3: We're simply going to vote to table and make it
Speaker 3: go away.
Speaker 1: Now, there's been a lot of media Republican establishment rhinotypes
Speaker 1: had been out there saying this is a terrible decision
Speaker 1: by conservatives to do this, that this is we already
Speaker 1: know what the outcome of the vote's going to be.
Speaker 1: This is going to be an embarrassing moment slash failure,
Speaker 1: and so why the hell are they doing this? If
Speaker 1: that was the case, then Democrats wouldn't be fighting this.
Speaker 2: I don't think this is a mistake, do you at all?
Speaker 1: I mean, this is about national security as well, and
Speaker 1: that's something that the media and these Republican talking heads
Speaker 1: I think they're forgetting that this is about someone that
Speaker 1: is not enforcing the laws of land, not protecting a country,
Speaker 1: having an open border policy, deliberately not getting rid of
Speaker 1: people that come in this country and break our laws
Speaker 1: who are here illegally. And on top of all that,
Speaker 1: it's a national security issue from the domestic from the
Speaker 1: terrorists on the terrorist watch list that are coming across
Speaker 1: the border at staggering numbers.
Speaker 2: Yeah.
Speaker 3: So I don't know who's been going on TV saying that.
Speaker 3: So I can say this with complete free conscience because
Speaker 3: I don't know who I'm talking about. But anyone who
Speaker 3: says that is a blithering idiot. With an IQ below
Speaker 3: room temperature. To say it is a mistake to impe
Speaker 3: Chalajandro Majorcus for aiding and abetting a criminal invasion of
Speaker 3: the United States of America by global cartels that have
Speaker 3: sent ten million people illegally into this country, that are
Speaker 3: bringing murderers and rapists and gang members into this country,
Speaker 3: that are abusing children, that are raping women, that are
Speaker 3: potentially smuggling in Hamas and hezbel A terrorists. To say
Speaker 3: that it is a mistake for Republicans to fight for
Speaker 3: the House to impeach majorcis they should have done this
Speaker 3: two years ago. You and I have both been calling
Speaker 3: for this for two years. And in the Senate, look
Speaker 3: is the Chuck Schumer Democrat Senate going to vote to
Speaker 3: convict No, obviously not Why Because the Democrats are partisan hacks.
Speaker 3: They don't care about the facts, they don't care about
Speaker 3: the truth. They are going to vote with the Democrats
Speaker 3: because that's what Democrats do. When Schumer cracks the whip,
Speaker 3: every Democrat obeys, That's what's going to happen.
Speaker 1: I'm talking with Senator Ted Cruz about the possible impeachment
Speaker 1: of my orcis what does that trial look like? In
Speaker 1: the Senate and will Republican's rally more from him?
Speaker 3: Now, why is it that Biden has been able to
Speaker 3: get away with this? So the biggest reason is the
Speaker 3: media is utterly corrupt and they don't cover this. If
Speaker 3: you watch Fox News, if you watch news Max Ron,
Speaker 3: if you listen to Verdict, you know about what's happening
Speaker 3: at the border. But if you watch CNN or MSNBC
Speaker 3: or ABCNBCCBS, if you read the Washington Post or the
Speaker 3: New York Times, there is no border crisis. Nothing is happening.
Speaker 3: The corrupt corporate media covers it up. The reason this
Speaker 3: impeachment is important is to put the evidence before the
Speaker 3: American people. And I got to say, and it's why.
Speaker 3: You know, the amazing thing is the Democrats get this.
Speaker 3: Why do you think Schumer wants to table this at
Speaker 3: the outset because he knows a trial would be terrible.
Speaker 3: Why because the facts are terrible. What they are doing,
Speaker 3: the Democrats are doing is grossly inhumane.
Speaker 2: It is cruel, it is evil.
Speaker 3: Schumer and Biden do not want the American people to
Speaker 3: know that, so they want the issue to go away.
Speaker 3: But I got to say, any Republican that like a
Speaker 3: docile little sheep rolls over and starts buying the hell
Speaker 3: is wrong with them. And there's a reason thirteen of
Speaker 3: us wrote a letter to our leadership, because Republican leadership,
Speaker 3: when they see a fight, typically turn around and charge
Speaker 3: the opposite direction. And so we ought to stand united
Speaker 3: and say, listen, we have a constitutional obligation. Listen, I'm
Speaker 3: going to read you the letter we sent, because it's
Speaker 3: not a long letter. Dear Leader McConnell. Our Republican colleagues
Speaker 3: in the House have recently passed two articles of impeachment
Speaker 3: against Department of Homeland Security Secretary Alejandro Majorcas for willful
Speaker 3: and systemic refusal to comply with the law, as well
Speaker 3: as the breach of public trust. These articles will soon
Speaker 3: be transmitted to the Senate. It is imperative that the
Speaker 3: Senate Republican Conference prepared to fully engage our constitutional duty
Speaker 3: and hold a trial. According to multiple briefings by your staff,
Speaker 3: Majority Leader Schumer and Senate Democrats intend to dispose with
Speaker 3: the articles of impeachment simply by tabling both individually. This
Speaker 3: is an action rarely contemplated and never taken by the
Speaker 3: US Senate in the history of our republic It remains
Speaker 3: to be seen if the Senate rules will even allow
Speaker 3: us to brush aside our duty in this manner. But
Speaker 3: one thing is sure. If a similar strategy was contemplated
Speaker 3: by Senate Republicans when we were in the majority with
Speaker 3: a Republican occupying the White House, the opposition would be
Speaker 3: fierce and the volume from Democrats would be deafening. We
Speaker 3: call on you to join us in our efforts to
Speaker 3: jettison this approach by Democrats to shirk their constitutional duty,
Speaker 3: ensure that the Senate conducts a proper trial and that
Speaker 3: every Senator, Republican and Democrat a judicates this matter. When
Speaker 3: the Senate returns and Mike Lee and I let it
Speaker 3: signed by a total of thirteen senators.
Speaker 1: Senator laying all this out and the threat from my
Speaker 1: orchis and not doing his job, which is what this
Speaker 1: is basically about.
Speaker 2: How do the Republicans do this the right way?
Speaker 1: Do you break it up into, Hey, the fetanyl coming
Speaker 1: across the southern border because it's open is the number
Speaker 1: one killer of people under the age of forty nine,
Speaker 1: and you go through that. Do you then go through
Speaker 1: the sex trafficking and the human smuggling. Do you then
Speaker 1: go to the domestic the terrorists on the terrorists watch list?
Speaker 1: Do you then go to the financial aspects? I mean,
Speaker 1: is that how we need to break this down to
Speaker 1: the American people understand just how catastrophic this is.
Speaker 3: Well, listen, what you say makes a lot of sense.
Speaker 3: And what you're doing there is telling a story. And
Speaker 3: I will say that's one thing Republicans are typically horrible
Speaker 3: at doing, is telling a story. And that's what we
Speaker 3: desperately need to do. At the end of the day,
Speaker 3: the choice of how to present the evidence is not
Speaker 3: going to be one for the Senate to make. The
Speaker 3: way an impeachment trial works, the house managers are the prosecutors,
Speaker 3: so they will present their case and so it will
Speaker 3: be ultimately the manager, selected by the Speaker of the House,
Speaker 3: who will present the evidence and lay it out. And
Speaker 3: they could very well follow the pattern you laid out.
Speaker 3: It should be a systematic presentation of the evidence. I
Speaker 3: think it should focus on the harms. It should focus
Speaker 3: on who is heard. It should focus on the dead bodies,
Speaker 3: the Biden body bags that have piled up one after
Speaker 3: the other after the other. It should focus on the
Speaker 3: children who've been physically and sexually abused over and over
Speaker 3: and over again. It should focus on the women who've
Speaker 3: been violently raped. It should focus on the disease that
Speaker 3: has come in over open border. It should focus on
Speaker 3: the more than one hundred thousand drug overdoses last year,
Speaker 3: the highest and recorded history, seventy percent of which came
Speaker 3: from Chinese fentanyl coming across our southern border. It should
Speaker 3: focus on the terror threat hamas Hesbelah, the open borders
Speaker 3: we have, and the exposure we have to a major
Speaker 3: terrorist attack higher, I believe right now than any time
Speaker 3: since September eleventh. All of that they should do. But
Speaker 3: what Chuck Schumer's trying to do is prevent all of that.
Speaker 3: He wants to table the articles before any evidence is presented,
Speaker 3: before the Senate considers anything, and he wants to spare
Speaker 3: Democrat senators. Understand, there are a bunch of Democrat senators
Speaker 3: running in red and purple states that that Schumer doesn't
Speaker 3: want to have them vote not guilty because may Orkis
Speaker 3: is obviously guilty, and so he doesn't want to get
Speaker 3: them on record and tabling it is a much simpler
Speaker 3: and less painful way to do it. Now, I can
Speaker 3: tell you a week ago, Mike Lee and I together
Speaker 3: went to the Senate Parliamentarian's office and we presented an
Speaker 3: argument the two of us. It's quite rare for senators
Speaker 3: to go directly to the parliamentarian. Typically staff lawyers on
Speaker 3: our staff make the those arguments. Mike and I made
Speaker 3: these arguments ourselves, and he and I have both done
Speaker 3: this a couple of different times over the last decade.
Speaker 3: But the argument we presented is we wanted to walk
Speaker 3: through the parliamentarian the history and the precedent in this case,
Speaker 3: and in particular because Schumer wants to table the articles,
Speaker 3: we wanted to underscore that in over two centuries, the
Speaker 3: Senate has never once tabled articles of impeachment. There was
Speaker 3: a previous impeachment in which the Senate tabled the procedural rules,
Speaker 3: but that's different than tabling the actual articles of impeachment
Speaker 3: refusing to adjudicate. And the point we made, which the
Speaker 3: Parliamentarian agreed with, is every single time when an impeachment
Speaker 3: came over, the Senate adjudicated the merits, it reached the merits.
Speaker 3: The one exception was a case where the individual resigned
Speaker 3: and in that case the House basically withdrew the articles
Speaker 3: of impeachment. So every time there was an impeachment and
Speaker 3: the House was pressing the impeachment, the end of it
Speaker 3: was every Senator saying guilty or not guilty. And what
Speaker 3: Chuck Schumer is trying to do is throw away two
Speaker 3: hundred years of our nation's history, all in an effort
Speaker 3: to give political protection to vulnerable Democrats and to avoid
Speaker 3: any media coverage of the disaster at our southern border.
Speaker 1: One other question on this, and that is who is
Speaker 1: going to run this? I mean, will this be you
Speaker 1: and siner Lee and others heavily involved or is this
Speaker 1: going to be lawyers representing the Republicans that would be
Speaker 1: asking the questions.
Speaker 2: How does that play out?
Speaker 3: Well, actually, when it comes to questions, unfortunately the Senate
Speaker 3: doesn't get to ask questions. And so if you remember back,
Speaker 3: look when Verdict launched, the very first episode of this
Speaker 3: podcast was the first night of the first Trump impeachment.
Speaker 3: And if you remember what happened in impeachment number one
Speaker 3: and impeachment number two, when we sat there as jurors,
Speaker 3: we couldn't speak. Yeah, I'll admit that was frustrating. You know,
Speaker 3: among things, I like to do. I do kind of
Speaker 3: enjoy talking. I do it a lot. And we were
Speaker 3: not allowed to say a word. We were to sit
Speaker 3: there and listen, and we listened to the presentation of
Speaker 3: the House Impeachment Manager managers. We listened to the presentation
Speaker 3: of the President's defense team. Now, as I discussed at
Speaker 3: great length in those Opening Verdict episodes, I spoke frequently
Speaker 3: with President Trump's defense team. And by the way, some
Speaker 3: observers said at the time, Oh, that's terrible. You're supposed
Speaker 3: to be jurors. You're supposed to be impartial, And that's
Speaker 3: not actually right. It is true that we are jurors
Speaker 3: in one sense, and that we adjudicate guilt or innocence.
Speaker 3: But but senators are are not designed to be impartial. Frequently,
Speaker 3: in impeachment you have ors who are very close to
Speaker 3: the individual being impeached or very antagonistic to the individual
Speaker 3: being impeached. The impeachments occur in a partisan context, and
Speaker 3: senators are elected in partisan elections. The framers knew that
Speaker 3: that was the world in which impeachments would occur, and
Speaker 3: they placed it in a political body to have an
Speaker 3: exercise of judgment. And importantly, actually, during the Bill Clinton impeachment,
Speaker 3: Tom Harkin, the Senator from Iowa at the time, stood
Speaker 3: up and raised a point of order and asked for
Speaker 3: clarification from the presiding Chief Justice. That was William Rehnquist,
Speaker 3: my former boss, the previous Chief Justice. And Harkin raised
Speaker 3: a point of order and said, to clarify, we are
Speaker 3: not jurors in the sense of a jury in a
Speaker 3: criminal case, where we simply have to review the evidence
Speaker 3: of making a termination. And the Chief Justice ruled that
Speaker 3: is correct. To the Constitution empowers you to adjudicate this
Speaker 3: matter and to consider issues of fact and law and
Speaker 3: policy and politics and everything else. But during that trial,
Speaker 3: I spoke frequently with President Trump's lawyers.
Speaker 2: More than once.
Speaker 3: I told them I thought a strategy they were pursuing
Speaker 3: was bone headed.
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Speaker 2: And I'll see you back here tomorrow.