NEW YORK CITY.
ALEX, THANKS A LOT.
LET’S BRING IN OUR PANEL TO HELP
BREAK THIS DOWN.
CONSTITUTIONAL LAW ATTORNEY,
SENIOR FELLOW AT KINGS COLLEGE,
MARK SMITH.
SERVED ON THE TRUMP CAMPAIGN
2016 TRANSITION TEAM.
GLOBAL SITUATION ROOM CEO,
FORMER DIRECTOR OF PRESS ADVANCE
FOR PRESIDENT BARACK OBAMA
JOHANNA MASKA, WELCOME TO BOTH
OF YOU.
>> THANK YOU, GOOD TO BE WITH
YOU.
MIKE: MARK BEING WITH YOUR LEGAL
BACKGROUND.
WHAT ARE THE THOUGHTS WITH
NEW YORK CITY EXPECTED TO JOIN
COLORADO AND CONNECTICUT TO
ELIMINATE QUALIFIED IMMUNITY?
>> LOOK, I’VE BEEN A LAWYER IN
NEW YORK FOR TWO DECADES AND I
EXPERIENCED THE REJUVENATION OF
THAT CITY BECAUSE OF THE
POLICIES OF MAYOR RUDY GIULIANI
AND THEN MAYOR MICHAEL
BLOOMBERG.
THE CRITICAL, CRITICAL FACTOR IN
THAT CHANGE WAS THE PROACTIVE
NATURE AND THE SUCCESS OF THE
NEW YORK POLICE DEPARTMENT, THE
NYPD IN HELPING TRANSFORM THAT
CITY INTO A WORLD CAPITAL.
WHAT THIS QUALIFIED IMMUNITY LAW
IS REALLY SAYING IS, WE WANT
POLICE OFFICERS TO BE EASIER TO
BE SUED AND THAT MAKES IT HARDER
FOR THE POLICE TO DO THE JOB
THAT THEY HAVE DONE OVER THE
LAST FEW DECADES.
IT IS SENDING A MESSAGE NOT ONLY
TO THE CRIMINALS THAT THE POLICE
WILL NO LONGER BE PROACTIVE
STOPPING YOU FROM COMMITTING
CRIMES BEFORE THE CRIME IS
COMMITTED BUT WE’RE ALSO SENDING
A MESSAGE TO PLAINTIFFS LAWYERS
THAT POLICE ARE NOW RIPE FOR THE
PICKING IN TERMS OF BEING SUED
AND COLLECTING MONEY IN TERMS OF
FINANCIAL JUDGMENTS FROM THEM.
MIKE: JOHANNA, DO YOU WORRY
GETTING RID OF QUALIFIED
IMMUNITY RISKS PREVENTING BEST
YOUNG MEN AND WOMEN FROM THE
POLICE FORCE?
>> MIKE, I’M A BIG BELIEVER IN
LAW AND ORDER AND HOLDING POWER
ACCOUNTABLE AND I THINK, YOU
KNOW QUALIFIED IMMUNITY IS
ACTUALLY GIVEN GOVERNMENT
OFFICIALS A LOT OF IMMUNITY TO
NOT BEING HELD ACCOUNTABLE AND
NOT BEING HELD RESPONSIBLE AND I
THINK ESPECIALLY WHEN WE’RE
LOOKING AT, EVEN WHAT GOVERNOR
CUOMO HAS BEEN ACCUSED OF WE
NEED TO USE EVERY MEASURE WE CAN
TO HOLD POWER ACCOUNTABLE.
SO YOU KNOW, I AM GLAD TO SEE US
REEVALUATING QUALIFIED IMMUNITY
BUT I WISH WE WOULD GO A LITTLE
FURTHER TO EXPLORE QUALIFIED
IMMUNITY FOR ALL GOVERNMENT
OFFICIALS.
MIKE: INTERESTING.
OKAY.
TO THE FILIBUSTER IN THE UNITED
STATES SENATE, PRESIDENT BIDEN
DURING HIS 36 YEARS IN THE U.S.
SENATE CERTAINLY WAS A FAN OF
THE FILIBUSTER.
TAKE A LISTEN.
>> AT ITS CORE THE IF FILIBUSTER
IS NOT ABOUT STOPPING A NOMINEE
OR A BILL, IT IS ABOUT
COMPROMISE AND MODERATION.
THAT IS WHY THE FOUNDERS PUT
UNLIMITED DEBATE IN.
MIKE: MARK THE SUPPORT OF
FILIBUSTER DEPEND WHERE YOU SIT?
>> MIKE, THINK ABOUT THIS.
I WANT TO GO BACK TO ANCIENT
TIMES OF 2020.
PRESIDENT DONALD TRUMP WAS ABLE
TO EFFECTUATE MAJOR NATIONAL
CHANGE WITH TWO STIMULUS
PACKAGES ON A BIPARTISAN BASIS.
NOW ALL OF SUDDEN THE DEMOCRATS
RULE WASHINGTON WITH ONE PARTY
RULE WITH A VERY NARROW
MAJORITY, NOW THEY’RE TALKING
ABOUT TAKING OFF THE BRAKES.
I THINK WHAT WE’RE LOOKING AT
HERE MIKE, THEY REALIZE THAT
THEIR AGENDA IS VERY UNPOPULAR
AND THEY KNOW THAT WITH THE
FILIBUSTER IT WILL NEVER BE
ENACTED.
MIKE: JOHANNA, ISN’T THE PURPOSE
OF THE FILIBUSTER TO FORCE BOTH
PARTIES TO SIT DOWN TO TRY TO
CUT A DEAL?
>> I WOULD LOVE TO SEE
BIPARTISAN COOPERATION ON SOME
ISSUES.
I THINK THE ONE THING THAT
PRESIDENT TRUMP AND PRESIDENT
OBAMA COULD PROBABLY AGREE WITH
WILL TOO OFTEN THEY WERE WAITING
FOR CONGRESSIONAL ACTION AND
THEY NEEDED TO MOVE FORWARD WITH
EXECUTIVE ORDERS TO GET THINGS
DONE.
THAT IS NOT A GOOD WAY TO
GOVERN.
I THINK WE’VE GOT TO LOOK AT THE
RESISTANCE OF THE REPUBLICANS OR
DEMOCRATS DOES NOTHING FOR THE
AMERICAN PEOPLE.
WE NEED ACTION AND SO IF THAT
MEANS WE HAVE TO GET RID OF THE
FILIBUSTER BECAUSE IT WAS USED
TOO MANY TIMES.
IT WAS USED TOO MANY TIMES IN
THE RECENT HISTORY TALKING
ABOUT.
300 TIMES AS FOX NEWS REPORTED.
WE’VE GOT TO LOOK AT CONGRESS
GETTING THINGS DONE.
I DON’T WANT THEM TO HAVE
ANYMORE EXCUSES.
IF THIS NEEDS TO BE SOMETHING TO
GIVE CONGRESS THE ABILITY TO
ACT, WE NEED TO GET THE SENATE
ACTING FOR THE AMERICAN PEOPLE.
MIKE: JOHANNA, MARK, WE HAVE TO