During a Senate Judiciary Committee hearing last week, Sen. Ted Cruz (R-TX) asked Sen. Amy Klobuchar (D-MN) about injunctions against the Trump Administration.
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NewsTranscript
00:00Okay, that was a lot.
00:03Let me start with a few things.
00:05Number one, we love the democracy, and I believe what we should be having is a civil debate
00:12about how we can best, if Donald Trump wants to make changes to the government, we should
00:17be doing it in a legal way, not how he's doing it.
00:20And the only reason there's all these injunctions that are accrued is because he's violating
00:24the Constitution.
00:25Why would Trump-appointed judges-
00:28Why don't you file them in red districts?
00:30Senator Cruz.
00:31Why?
00:32What did you just say?
00:33Why don't you file them in red districts?
00:34Why are the Democrat Attorney General seeking out left-wing, blue-seated politicians?
00:38Senator Cruz.
00:39My esteemed colleague.
00:40One second.
00:41Quite patient with Senator Cruz's activities in this building.
00:43Senator Whitehouse.
00:44He's entitled to-
00:45I'm just going to ask for a point of order.
00:47Madam Klobuchar, Senator Klobuchar.
00:49Senator Moody, we have debates on this committee.
00:51They occur regularly.
00:52Let's let her have her time, and then we'll get back to that if you want to weigh in.
00:56We'll get back to Senator Cruz.
00:57She's welcome to answer the question or not.
00:58Go ahead.
00:59It's her choice.
01:00Go ahead.
01:01And I would encourage you to answer.
01:02I'm so excited to be following Senator Cruz once again.
01:03Excuse me?
01:04But I will say that-
01:05Excuse me?
01:06I didn't hear you.
01:07What did you say?
01:08To be following him.
01:09He and I have a long standing-
01:10I was permitting you your time to continue.
01:11Oh, to be following him in order.
01:12Excuse me.
01:13Go ahead.
01:14Senator Klobuchar.
01:15And I have a long standing debate during hearings.
01:16Go ahead.
01:17Senator Klobuchar.
01:18That's what I'm referring to.
01:19Go ahead.
01:20And I will take more than my time, since he's taken more than his time to yell at me.
01:22Go ahead.
01:23I've marked the time.
01:24So what I will say is that-
01:25I'm not yelling.
01:26I asked a question.
01:27Senator Cruz, please.
01:28I'll give you time.
01:29Senator Klobuchar, I've got the time and you're-
01:30I am making the strong case that the reason all these cases have been filed and the reason
01:36that these judges who have been appointed by Ronald Reagan, yes, they still exist, and
01:41the Bushes and Donald Trump, judges appointed by Donald Trump, have been making these decisions
01:48is because this is not legal.
01:50Donald Trump himself has used his social media account, the White House account, to post
01:55an image of himself wearing a crown saying, long live the king.
02:01The issue is that we do not live in a kingdom and Elon Musk is not his court jester.
02:08Ours is a nation of laws in which no one is above the law.
02:12That is why 39 different judges from vastly different backgrounds appointed by five different
02:18presidents have made clear that these are illegal actions.
02:23And these judges have rightly blocked these actions.
02:27And it is important that we not lose sight of the underlying cause of these injunctions.
02:32It is not that these judges are crooked or lunatics or evil.
02:37Those are words used by the president and his allies.
02:41It is because the administration is violating the Constitution.
02:47What happens when they use these kinds of words?
02:50You see more and more threats against judges.
02:54And that is what we're seeing.
02:56That is why federal judges and the U.S. marshals who are responsible for protecting them are
03:01sounding the alarm about a spike in threats against judges.
03:07This is serious.
03:09And unlike what Senator Cruz said, I'm remembering when the threat was made, the horrific threats
03:15and the man was in Justice Kavanaugh's, on his neighborhood, on his street.
03:21On a bipartisan basis, we came together and got more funding for the judges and changed
03:27things so that they had more protection.
03:30So what he said was completely untrue in terms of Democrats and Republicans decrying violence.
03:38We didn't just decry the violence.
03:40We actually did something about it in response to a court that is run by Justice Roberts,
03:46who is a Republican appointee.
03:49So I think that kind of language actually makes a situation worse when it's not even
03:54true.
03:55But unfortunately, Senator Cruz left, so he did not hear my response to what was a lie.
04:02President Trump's attacks on these judges has made for some major, major risks for these
04:09judges.
04:10I would ask you, Mr. Panuccio, and not in a partisan way, just normal, as a partner
04:17in a law firm, would you ever, have you ever taken to social media to personally attack
04:22a judge who ruled against you?
04:27That's all my question is.
04:28Senator, thanks for the question.
04:29I think that attacking judges personally and not their reasoning, well, let me just
04:36give you a quote.
04:37I want to tell you, Gorsuch, I want to tell you, Kavanaugh, you have released the whirlwind
04:40and you will pay the price.
04:42You won't know what hit you if you go forward with those awful decisions.
04:46That was something that Senator Schumer said and I thought it was awful and it unleashed
04:51a wave of violent threats against Supreme Court justices.
04:54I do think that's problematic, that kind of language.
04:57I have no doubt the language is a problem on their left or right.
05:01I was just asking you if you have ever personally attacked a judge after you disagreed with
05:07a ruling.
05:08I'm asking you if you did.
05:09I have not.
05:11And you believe that the proper recourse is to appeal when you disagree with a ruling?
05:16When I disagree with a ruling on behalf of a client, I appeal.
05:20That was all I wanted.
05:21I was not going to criticize you.
05:22I believed that you would not have done this.
05:24And so, that is my point.
05:26When people do this and right now, we have not just a random person on social media doing
05:31it.
05:32We have the President of the United States doing it.
05:35And I would just ask you, Professor Vladek, in your opinion, are the judges who ruled
05:41against the President radical and rogue judges?
05:45No.
05:46And just if I might, even though he has also left the room, Senator Schmidt suggested it
05:50was statistically impossible that Chief Judge Boasberg has been assigned to multiple cases
05:54in the D.C. District Court.
05:56I think that rhetoric is highly inflammatory in addition to being just mathematically incorrect.
06:01There are 31 different cases in the D.C. District Court alone in which D.C. District judges
06:07have ruled against the administration.
06:09There are 11 or 12 active district judges.
06:12The notion that one of those judges would have multiple of those cases is not statistically
06:16impossible.
06:17It's statistically certain.
06:19And if the President does not want to have judge rule against him, isn't the answer that
06:25he just follows the law?
06:27One would think.
06:28But, you know, I think we live in a bit of an upside-down world at the moment.
06:31Okay.
06:32So this hearing was titled in a very academic fashion, Universal Injunctions.
06:37And we can make it all academic if we want.
06:39Clearly we haven't with Senator Cruz's remarks.
06:44But I just want to make the point that this has a real consequence of these cases that
06:48are coming before these judges.
06:50This is outside of their decision, which is based on the law and the facts.
06:54Sometimes they've ruled with the President.
06:56Sometimes they've ruled against the President.
06:59But just to get it so people understand this isn't just some academic exercise about injunctions
07:04and if they're a good thing to have legally.
07:06Last month, a federal judge blocked the administration's plan to slash NIH funding for medical research.
07:12Could you talk about the impact if the judge had not been able to issue a nationwide injunction?
07:17Sure.
07:18I mean, so Senator, briefly, because I know our time is limited, NIH hands out thousands
07:22and thousands and thousands of grants.
07:24If you require the recipients of each grant to litigate the rescission of each of those
07:28grants on a retail basis, you would have gaps in cancer research.
07:32You'd have gaps in all kinds of, you know, work by the National Institutes of Health
07:36because there's just, it's not possible that those thousands of grant, the mass action
07:41by the government could be challenged on a retail basis in federal courts.
07:44Thank you so much.
07:45Could I get a second round of questions?
07:46Senator, oh, I allowed you to go way over your time in order to make up and I wrote
07:50it down.
07:51Are we having a second round?