Elder Abuse or Executive Power, Take It Down Act Targeting Deepfakes Signed plus Tom Homan & the Battle for Border Accountability Week In Review
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This is an iHeart podcast. Welcome to this verdict with Senator Ted Cruz. We can review Ben Ferguson with you. And here are the three stories that you may have missed that we talked about this week. First up, the decline of Joe Biden now on tape with the her report coming out. And you're going to be shocked what you hear. We'll have the latest on that in just a moment.

Also, Donald Trump signs a historic take it down act that will protect so many people from revenge pornography. We'll give the details as well. And finally, Tom Holman. He is our guest on holding politicians accountable for helping illegal immigrants escape.

get away with their crimes. It's the Weekend Review, and it starts right now. I actually feel bad for Joe Biden. I think it's very clear that people are taking advantage of him. I think this is a form of elder abuse. No, that was sad. It is. It is absolutely sad. That is the President of the United States of America. And the fact that there were so many people wanting to keep their power, whoever those five people were, that they did this to him. Look, and he, do you remember the question that was in front of that?

What was it? It was where are you keeping classified documents? And he went down a four minute recollection of losing his son tragically. And there's nothing sadder than than a parent bearing a child. And then that's certainly a personal tragedy that that Joe Biden has had more than his fair share of. But he was not able to even answer the question. Well, all right. Here's another segment of the her tapes. Listen, listen to this next excerpt.

This memo, Mr. President, was this something that you consciously kept after your term as Vice President? Is this something that you wanted to hold on to? I don't recall. Did I have this? Was this in my possession, this memo? Yes, and to give you some context for this, Mr. President, it was found in the front of this notebook that's on the first page, and the notebook was found in the library at the Lake House.

in one of the drawers. I don't recall how it got back. I mean, I don't recall how it got back in the book because I sent it to the president. I gave it to the president.

This looks like the original. I don't think it was made, a copy made it, but I don't think so. It was faxed just to give you some... Oh, okay, that's why. Yeah. All right, now I got it. I wasn't sure how I got, whether I gave it to the president. It was faxed to the president, which I had the copy. Right. Okay. You had the original. Yeah, I had the original. And I just put it in the book and that was it. Okay. Were you aware that you had kept it after your term as vice president? Did you know that you had it?

I don't know that I knew, but it wouldn't have, it wouldn't sound something I would have stopped to think about. The reason I ask is it's been written about. Bob Woodward wrote about it in one of his books. Jules Winkover wrote about it in his biography. So that's the reason I ask, is if it was something that he wanted to hang on to because it was going to be the subject of reporting or... I don't know if it was going to be the subject of reporting, but I guess I wanted to hang on to it just

for posterity's sake. I mean, this was my position on Afghanistan. I've been of the view, from a historical standpoint, that there are certain points in history, world history, where fundamental things change using technology. For example, without Gutenberg's printing press, Europe would be a very different place. Literally a different place, because countries would not have known what was happening in other parts of the country.

You know, think about a stupid idea, a notion. Nixon probably would have been president or he used the television. Or he's sweating, I mean sincerely, he was sweating so profusely in that debate. A lot of people thought he won the debate but he lost the debate because of his demeanor. So there's a lot of things that I think are fundamentally changing how international societies function. And they relate a lot to technology.

And one of the things that I was in the view that a lot has changed in terms of everything from the internet to the way in which we communicate with one another to

that has fundamentally altered the ability... I've had this discussion with the press. Mr. President, I'm sorry to interrupt. No, I'm sorry. Anyway, that's what I wanted to do. I, uh... Nothing to do with Afghanistan. Okay, that answered my question. And Mark, just really quickly, I promise it'll be brief. I just really would like to avoid, for the purpose of a clean record, getting into speculative areas when the President responded and said, "I don't recall intending to keep this memo."

You then said, well, you know, might you have thought it was important to keep whatever he said? Well, I guess I could. His recollection, as I understand it, is he does not recall specifically intending to keep this memo after he left the vice presidency. I want that to be I want these questions to be as clearly answered and recorded on the transcript as possible. I think we should take a break. If there's one thing that's consistent, they wanted to take a break.

And you had the questions coming in in such a kind way. Like, this is not what I was expecting. So let me say legally that exchange is very important. So this is a classified document on Afghanistan. I don't actually know the precise details of the document, but it's a classified document in Afghanistan that he had in a non-secure location, which is a criminal violation, is the violation they were charging right then. The Biden Justice Department was prosecuting Donald Trump for doing exactly that.

And the prosecutor asked him, so did you intend to keep this document? And he's like, I don't know. And immediately his lawyer jumps in. Your answer is you don't know. Now, his lawyer's been a good lawyer there. Yeah. Because this is all about establishing the mens rea, the mental status to be guilty of the crime.

But then Biden goes on and says, you know, well, why did you keep it? It's been reported. It's been in this book. It's that book. And he says, well, I kept it for posterity. It was important to have. And his lawyer comes in at the end. He's like, oh, crap, oh, crap. You just admitted that you did this on purpose. And you kept it because you wanted to be able to tell a really good story about Joe Biden. And you wanted to leak classified information to reporters. And you needed the memo to do it. And he admits that. And then his reporter at the end says,

His lawyer at the end tries to clean that up. That exchange has enormous legal significance. Had DOJ not concluded that the sitting president of the United States was incompetent to stand trial, let me repeat that sentence because it's an astonishing one. Had DOJ not concluded that the sitting president is incompetent to stand trial, that exchange would have featured prominently in the criminal trial convicting him of violating that law.

You look at now what we're seeing with this Hurt Tape, and I go back to accountability. There are clearly people that were helping cover this up. They were taking advantage of Joe Biden.

I think his family obviously was in on this as well. They wanted the power. Whoever the five people are, the question I ask you is, how the hell do we find out who the five people are? And what is Congress's role play in this to make sure it never happens again? There should absolutely be congressional hearings. We need an answer. The media ought to do its job and report. I want to play one more excerpt from the Her tapes. Listen to this final excerpt. Went to Mongolia and great pictures. I

unfortunately embarrassed the hell out of the leader of Mongolia there. They were doing what they would do at the time of the invasion of the Mongols into Europe in the 1400s and the 1800s. And so we're out in the middle of nowhere and they're looking up at the hill and see this tiny line

It's a 20 mile horse race with all these kids under the age of 16 on a bareback racing to come down. And they're sumo wrestlers and doing everything they do. And so they walked over and they had a target that they all said, hey, 100 yards away, and

gorillas were taking shots. I don't know if that embarrassed me or if it made a point, but they handed the bow and arrow. I'm not a bad archer, but all I can tell with that word is I can pull it back. And, true to luck, I hit the goddamn target. No, I really did. Bells of hay. Twenty bells of hay with a big target in the middle of them.

And so I didn't mean anything by it. I turned a primish hand at him. The poor son of a bitch couldn't pull it back. So look, if Genghis Khan comes in, if we face the Mongol horde, know that Joe Biden is ready to fire his bow and arrow. Look, there are a lot of things you can say about this interview.

But it's very clear why Democrats did not want this release before the election. Now, if you want to hear the rest of this conversation, you can go back and listen to the full podcast from earlier this week.

Thank you.

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Now on to story number two. Senator, let's talk about this other incredible moment that happened this week at the White House. Donald Trump signed the Take It Down Act into law. It's something that you championed. And remind people what this law is intent and why it is such an important piece of legislation to protect not only young people and minors, but really anyone from just evil and hateful revenge from an ex.

Well, this is legislation that I authored, that President Trump signed into law this week. Actually, he signed it into law in the Rose Garden at a big ceremony in the Rose Garden. I've done a lot of bill signing ceremonies in the Oval Office. This is the first time I've been in the Rose Garden because you had victim groups and victim advocates and people who have been victims of non-consensual explicit imagery. Now, what is that? That's really two different things.

Number one, so-called revenge porn. So if you have a boyfriend and girlfriend and they're in a relationship and they take explicit pictures or videos and then they have a breakup and one or the other is mad and they say, okay, I'm going to stick it to you. I'm going to put this out for the whole world to see. And it is an utterly grotesque violation of privacy. Nobody has the right to do that to somebody else. And it's something we're seeing happening more and more often.

There's a second manifestation that is new and it has to deal with technology.

which is more and more we are seeing people use AI, artificial intelligence, to create deep fakes. And deep fakes where they appear to be either a picture or a video of a real person, but it's utterly fake. And so they make a naked or explicit image of someone and put it out. And the incidence of deep fakes last year increased 3,000%.

and over 90% of the victims of deepfake explicit imagery are women or teenage girls. And so it is growing massively. And so the Take It Down Act is legislation that I introduced that makes it a crime, a federal felony, to post nonconsensual intimate images, either real pictures or deepfakes. And secondly...

It puts a federal statutory obligation on tech platforms to take the pictures down, to take the videos down, because the platforms have been horrible responding to victims. They ignore victims. They leave the images up. And so the victim ends up being victimized.

being victimized over and over and over again by the images staying out there. And so the Take It Down Act puts a legal obligation that when the victim notifies them, hey, that's me, that's an explicit image of me, and you don't have my consent to put it up, they have to take it down. This legislation I introduced with Amy Klobuchar, Democrat from Minnesota, and we passed it through the Senate. We passed it unanimously. It was 100 to nothing.

And then the House took it up and passed it with an overwhelming bipartisan majority. And President Trump signed it into law. And give a listen to what President Trump said this week in the Rose Garden as he signed the Take It Down Act into law. Today, it's my honor to officially sign the Take It Down Act into law. It's a big thing, very important, so horrible what takes place. This will be the first ever federal law to combat the distribution of explicit information

imaginary, posted without subject's consent. Take horrible

pictures and I guess sometimes even make up the pictures and they post it without consent or anything else and very importantly this includes for forgeries generated by artificial intelligence known as deep fakes. We've all heard about deep fakes. I have them all the time but nobody does anything. I asked Pam, can you help me Pam? She says no, I'm too busy. Too busy doing other things. Don't worry, you'll survive. But a lot of people don't survive.

That's true and so horrible. With the rise of AI image generation, countless women have been harassed with deep fakes and other explicit images distributed against their will. This is the wrong and it's just so horribly wrong. And it's a very abusive situation like

Senator, one of the things I just I love about this legislation is the fact that not only is it bipartisan, but you had the first lady who really got involved in this as well. It was important to her. And that made it, I think, even easier to bridge the gap.

Well, we did. The first lady became very active in pushing this bill. She reached out to me and said she wanted to help get it over the finish line. So last year, we passed it out of the Senate 100 to nothing, and the House failed to take it up last year. So it did not pass last year.

And so we got to this year, to the new Congress. I passed it through the Senate again, 100 to nothing. And the real battle was to get it to rise up the priority list of House leadership. And so when the first lady called my office and said she wanted to help, what I did is I invited her to come to Capitol Hill for a roundtable where she could hear from the victims and and

Also at that roundtable was the Speaker of the House and Steve Scalise, the Majority Leader, and Brett Guthrie, who's the Committee Chairman in the House. And when the First Lady asked them, will you please pass this into law, they committed to her they would. And this was the day before the State of the Union Address. And you may remember at the State of the Union Address, Melania was sitting with a teenage girl from Texas, Elliston Berry.

And President Trump told her story in the State of the Union and called on Congress to pass this bill. And I'll tell you, it's actually, it's a fascinating story of how this bill came to pass because it originates with one teenage girl in Texas, Elliston Berry. She's from North Texas, from Aledo, Texas. And a year ago, she was 14 and she was in ninth grade. And she woke up one morning and her phone was blowing up with texts from her friends.

Because a classmate of hers had taken a perfectly innocent picture of her from social media and had used an app online that he had found

to create a deep fake and then sent what appeared to be naked pictures of Elliston to all of her ninth grade classmates. And so she was in tears. Listen, it is hard to be a teenager. I'm the father of two teenage girls. I know the pressure that is on teenage girls. It's much harder to be a teenager today than when you and I were teenagers, Ben. And this was just horrific. Well, what happened is,

is her mom, Ana. Look, Elliston and Ana are constituents. They're Texans. So Ana picked up the phone and called my office and said, hey, look, you're my senator. Can you help my daughter?

And my staff, to their credit, they elevated this to me and they told me what had happened to Elliston. And this is happening more and more all over the country. And so I said, look, let's draft legislation to fix this, to address the problem. And so we did. And it was it was because of Elliston that we drafted it. But as I said, it's happening all over the country.

Well, Elliston came to D.C. the day we announced the bill last year for the press conference. And I sat down and met with Elliston. I met with her mom in my office. And in the course of the meeting, I asked, I said, hey, what happened to the pictures? And her mom said, it's the most frustrating thing in the world. She said, this happened nine months ago. She said, I have been calling and emailing Snapchat over and over and over again. They just stonewall us. We get no response.

Ben, I turned to my staff. I said, I want you to get the CEO of Snapchat on the phone today. I want those pictures down today. They pulled them down within two hours.

Now, it should not take a sitting senator making a phone call to get those pictures taken down. And now, as a result of the legislation Trump has signed, every victim has a statutory right to insist that it be taken down as a matter of law automatically. Yeah. In fact, Alison Barry got to go on Fox News Channel with our good friend Kayleigh McEnany and talk about this moment. And here's what she had to say. Take a listen.

But you didn't stop. You decided to go and talk to your local congressman. You get connected with a senator, and then you manage, there you are, standing behind the president of the United States changing the laws for other young women like you. Did you ever think this day would come?

I never would have thought that this could ever be my reality. My mom, she's really an amazing person and she's the one that's been pushing for this and she's the one that's encouraged me so I wouldn't be able to do this without her help and her support and she really just has encouraged me to the point where I feel encouraged about this. So having the opportunity to speak about this and to bring awareness really just means so much especially it's so much growth seeing how

scared I was at first and seeing how confident I am able in this situation. Well, other young women now have recourse. Thanks to you. Elliston Berry. So impressive. Thank you. I love it. It's just it's finally a happy ending to a really hard and sad subject. Well, and Ben, at the signing ceremony, I was able to introduce Elliston to the president.

I introduced also Francesca Mani, who's another 15-year-old girl who was in New Jersey, and the exact same thing happened to her as happened to Elliston. And I also introduced Brandon Guffey. Brandon Guffey is a state rep from South Carolina, and tragically, his oldest son got what we thought was a direct message from a cute girl, and she convinced him to send naked pictures to her. Well, it turned out it was not...

a cute girl, it was a con man, and the con man began extorting him and threatening, I'm going to send these naked pictures to your friends and family,

Well, Brandon's son, Gavin, killed himself and we are seeing suicides across the country. So I introduced Brandon, his family, the president, too. And this this law is a victory for everyone that is a target of this kind of exploitation. As before, if you want to hear the rest of this conversation on this topic, you can go back and download the podcast from early this week to hear the entire thing.

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I want to go back to accountability for a second time. I want to ask you, there are a lot of people that believe that there were laws that were broken deliberately in the last administration. They knew they were breaking the law. One of those would be former Homeland Security Secretary Mayorkas that you mentioned a moment ago. Should he be criminally prosecuted for his role in the border crisis if it was as deliberate as it now seems?

Look, I think what he did was borderline treasonous. I'm not an attorney. I'm not a prosecutor. But what he did, he did more damage to this country, him and the Biden administration, what they did to this country. I can tell you, when they opened that border up, sex trafficking in women showed increased tenfold. A record number of migrants died making that journey, over 4,000. A record number of Americans died from fentanyl that come across an open border.

And it's just what he calls this country. And from a national security perspective, because here's what his orders were.

Process quick, release quick. They didn't care about the crisis. They cared about the optics of the crisis. If there's no overcrowding, there's nothing to see here. So border trades were processing as quick as they could and releasing as quick as they could. And there's been several instances where they released so quickly, the FBI scan didn't come back, and they came back hot. Actually, they already been released. They came back hot. Wow.

as a non-inspector terrorist so you know he what he did with unconscionable what he did is is it by my opinion borderline treasonous he should be held accountable because a lot of death occurred under his watch elected like like the senator cruz said a few minutes ago right now ninety six percent decline in illegal immigration when ninety six percent less people coming only women and being raped how many children are dying crossing the border

How many no-inspector terrorists aren't getting in the country? How many pounds of fentanyl is not getting in the country? What are you going to see in a President Trump's administration? Fentanyl deaths would decrease. Sex trafficking would decrease. Smuggling would decrease. And no-inspector terrorists, they got no open net anymore. Now that we got the border secure, every single border patrol agent is on the line, on patrol, doing his national security duty. Under Joe Biden, it was an average, most days, an average 70%.

7-0. 70% of agents were no longer on patrol. They were changing diapers, making baby formula, making hospital runs. The last time I went down there before the election, I talked to hundreds of board places and told them, hang on, hang on, change is coming. I really think President Trump's going to win.

where they told me no more sick of being tourist agent was sick of sick of being uber drivers we profit and deliver these people to their very same people who pay for this moment they could recruit they couldn't people were quitting their quickly forty even elsewhere for retirement they could read recruiting number you know last month i'm actually important role at the highest recruiting numbers and that history that's a little too far apart that's fantastic and and look

I will say Tom is not exaggerating at all. Like when I would visit with Border Patrol agents, the frustration. Look, the men and women who sign up for the Border Patrol, they do do so because they're patriots. They do so because they love America. They do so because they want to keep our communities and our families and our kids safe. And they want to be out on patrol. Look, these that's what you sign up in the job. And they were sitting there just shuffling paperwork. They were processing paperwork.

and just running a revolving door to try to release as many illegal immigrants as fast as possible. That's what Mayorkas viewed his job, is accelerate illegal immigration, not stop it, but make it go more quickly. Let me ask you, Tom, you mentioned fentanyl. What do we know about the numbers of fentanyl traffic over the first four months of the Trump administration?

There's been a decrease, and I've got from three or four different sources, the percentage of decreases is different from every source. The problem is the CDC doesn't have good metrics on fentanyl. But look, across the country, you can see the decrease in fentanyl. Fentanyl is being seized on the southern border, and the metrics, and that's maybe something y'all can work on up there in the Senate. CDC needs to track this more closely.

more accurately. Like I said, you got a number of deaths reported by states, you got a number of deaths reported by CDC, none of them match. So, but we do know there's been a reduction. You don't see, you know,

You know, 300 people dying every day from fentanyl, like we did see, right? We don't have two 9-11s a week happening from kids dying from fentanyl. So I don't have the exact numbers, but we already see the effects of a secure border. And Tom, let me ask you also, so one of the things we've talked about on this podcast, in 2018, the Mexican drug cartels made roughly $500 million from human trafficking.

Last year, the drug cartels made over $13 billion from human trafficking. That's a 2,600% increase. Do we have any data yet? Do you have any visibility on what has happened to the drug cartels' revenue? Because one of the worst consequences of what Biden's open border did is it turned these vicious, murderous crimes

transnational criminal organizations into incredibly wealthy powerhouses and it put huge resources in their pockets. Do you have any data on what's happened to their revenues?

Well, one of the first things President Trump did was designate a terrorist organization because these cartels have killed more Americans than every terrorist organization in the world combined. We knew that's why there's so much violence in Mexico over the last four years. Cartels were fighting each other for control of the plazas. Why? Because they're making record amounts of money smuggling people, record amount of money in trafficking women and children, and a record amount of money moving dope across that border.

now with the more secure were hit and were hurt uh... it was not going down both drugs and people trafficking down we're hit and we're hurt that's why the latest in total reports i see they're trying to produce and push more fat not into asian european nations because their market here in the united states have been so brutally attacked uh... i wish what would happen

is that Mexico would agree with President Trump to let us help them take the cartels and wipe them off the face of the earth. Because right now, they're like the Jalisco cartel. They're in 44 countries around the globe. They're like a Fortune 500 company. It's going to take the United States to take them out. Mexico's failed for decades to do it. And a lot of Mexico, you know, the military, police, and government forces are corrupt.

I'll say this. A lot of the corruption is forced corruption. Because you're a police officer in Mexico, you're making $400 a month. But a Mexican cartel comes up and offers you $10,000, look the other way, and you're going to take it or they're going to kill you and your family. I think Mexico would be a much safer, a much more prosperous country if you let President Trump help them wipe the cartels off the face of the earth. Look, that is absolutely right. And let me underscore that point.

A lot of people don't realize, particularly those on the left, that what Joe Biden and the Democrats did, it wasn't just horribly cruel to the American people. It was horribly cruel to Mexican nationals in Mexico. Turning these vicious criminals into the most powerful economic force in Mexico is

has increased the murder rate, the crime rate, the kidnapping rate. I visited with a Mexican mayor of a town on the other side of the border, and I'm not going to say which mayor because he told me in confidence because he was afraid, but he said in his town,

they had had over 3,000 disappearances. Just people, Mexican nationals living in Mexico who just ran afoul of the cartel and they just disappear and they find mass graves. And the suffering and murder and kidnapping that has happened in Mexico because of the Democrats' political decision, I think was cruel and horrible. And Tom, you're exactly right that that

The U.S. military can take out the cartels, and we've done it before in Colombia. President Uribe asked the military to come in and take out the cartels in Colombia, and we came in and did that, and we could do it again, and I do think it would be much better if the Mexican government invited us in. It would have transformational impact within Mexico. Yeah, it would save a lot of lives. Like I say, Mexican cartels have killed thousands of

judges and prosecutors and journalists and citizens. So, you know, I wish they'd join with President Trump because that would be a game changer for Mexico and the United States. All right. Final question. We saw just this week that New Jersey Democrat Congresswoman LaMonica McIver was charged for assaulting law enforcement at an ICE facility.

Tell us how important that is, and what do you think about the fact that charges were brought for assault? We saw during the Biden administration repeatedly law enforcement, Customs, Border Patrol, ICE agents were subject to physical assault. No charges were brought. How important is it that these charges were brought? The signs of strong matches is very important. It also proves I don't bluff. I'd send them the day of inauguration.

If you want to not support ICE, well, shame on you, but you have that right. If you want to protest against ICE and protest against Trump's policies, that's fine. If you want to watch ICE come in and clean your city up because your sanctuary city don't want to help, you can do that too. But I said from day one, you can't cross that line.

you can't cross the line of impede that's a felony you can cross the line annoying harboring concealing of a little and might that's a felony you certainly can't commit criminal trespasses are at our facilities and for god's sake she couldn't put hands on our soft officers and this happened during the same time frame the same week i want the blue mass in washington d_c_

in remembrance of the men and women of law enforcement who put their lives on the line for this country every day. So we spent a week just praising these men and women, talking to their families who also paid the ultimate sacrifice. They lost a loved one forever. Children lost their fathers and mothers, and mothers and fathers lost their sons and daughters. And the same week we're supposed to be honoring law enforcement, you've got some member of Congress putting their hands and shoving an ICE officer, which makes that facility very unsafe.

and i'm sick and tired of hearing what we have congressional oversight responsibilities there is a right way and wrong way to do it or she way into the silly you don't put hands on an officer there's we do oversight all the time and what are they finding out as people are getting towards that facility that they have the high c_-tenth and standards in the industry they have put every every other eight of of of of detention center in jail in the city of new jersey where is it is a county or state

It puts them to shame because our detention standards are so high. So when you go and cause that kind of practice, what we're trying to maintain is a facility with very dangerous people inside. We've got to protect not only the criminals, we've got to protect the employees and the citizens on the outside. What she did was just horrendous. She put hands on an officer like,

Like they said for four years, no one's above the law. You're damn right they're not above the law, even if members of Congress. The president isn't above the law, but these are members of Congress. As always, thank you for listening to Verdict with Senator Ted Cruz. Ben Ferguson with you. Don't forget to download my podcast, and you can listen to my podcast every other day you're not listening to Verdict or each day when you listen to Verdict afterwards. I'd love to have you as a listener to, again, the Ben Ferguson podcast. And we will see you back here on Monday morning.

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