October 28, 2025 • 13 mins
1. Ninth Circuit Court Ruling on National Guard Deployment in Portland
- The podcast discusses a legal victory for former President Donald Trump, where the Ninth Circuit Court allowed him to deploy the National Guard to Portland.
- It criticizes left-leaning media, particularly MSNBC, for their reaction to the ruling.
- The court's decision is framed as a validation of Trump's authority under 10 U.S.C. § 12406, which allows the President to federalize the National Guard when necessary to enforce U.S. laws.
- The commentary emphasizes that this ruling supports Trump's efforts to restore law and order in cities like Portland, Washington D.C., Memphis, and Chicago.
2. Senator Chuck Grassley and the “Arctic Frost” Investigation
- The second half of the podcast focuses on revelations by Senator Chuck Grassley regarding an FBI and DOJ investigation codenamed “Arctic Frost.”
- This investigation, launched in April 2022, allegedly targeted Republican lawmakers and conservative organizations under the pretext of probing efforts to overturn the 2020 election.
- Grassley claims that high-ranking officials—including then-Attorney General Merrick Garland, Deputy AG Lisa Monaco, and FBI Director Christopher Wray—personally approved the investigation.
- The document portrays the investigation as a politically motivated effort to surveil and suppress Trump allies and conservative groups, comparing it to a scandal “worse than Watergate.”
- It also mentions the disbanding of the FBI’s CR-15 squad, which was allegedly used to target conservatives under the guise of investigating public corruption.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
The Democrats.
Speaker 2 (00:01):
You just do a simple extension.
Speaker 3 (00:03):
That's the best way.
Speaker 1 (00:04):
The Democrats are holding it up.
Speaker 3 (00:06):
They want a one point five trillion dollars for people
that came out of prisons or.
Speaker 1 (00:11):
Illegal alias that come into our country. We don't want
to do that because that will really hurt the healthcare
that we have in our country.
Speaker 2 (00:17):
Dad, Frankly, you would like to see better healthcare.
Speaker 1 (00:20):
Period.
Speaker 2 (00:21):
You're listening to the forty seven Morning Update with Ben Ferguson.
Speaker 3 (00:25):
Good Tuesday morning. It's nice to have you with us
on the forty seven Morning Up. They Ben Ferguson with you,
and here are the two big stories that are coming
out of the White House this morning. First up, there
was a massive win for the President when it comes
to deploying the National Guard, this time coming from the
ninth US Circuit decision dealing with him doing exactly this
(00:45):
in Portland and what does this mean for other cities
around the country. Also, a massive bombshell, this time coming
from Senator Chuck Grassley saying he now has proof that
Biden's Attorney General Merrick Garland and Deputy Attorney General Lisa Monico,
plus the FBI Director chrispher Ray all personally approved opening
(01:07):
Arctic frost to go after Donald Trump and conservatives that
we're aiding and supporting him.
Speaker 1 (01:15):
I'll have more details on that in.
Speaker 3 (01:16):
A second, but first, every so often something happens that
reminds us just how fragile our freedoms are. We can't
afford to take our rights for granted. We must draw
a line in the sand, and our friends at Patriot
Mobile have been doing just that for more than twelve years.
The truth is there is only one provider that boldly
(01:37):
stands in the gap for Americans who believe freedom is
we're fighting for, and that company is Patriot Mobile. Not
only are they leading the red economy, they're also outpacing
the competition and technology. Patriot Mobile is one of the
only carriers offering premium access to all three major US networks,
(01:58):
giving you nationwide coverage and serve that you can count
on day after day. They also offer unlimited data plans,
mobile hotspots, international roaming, internet backup in so much more,
and switching has never been easier. You can activate in
minutes on your phone from your home or your office,
and you keep your same number. You've got now keep
(02:19):
your same phone, or upgrade to a new one. And
this is where the magic happens. Every month, about five
percent of your bill is given back to conservative causes
at no extra cost to you that stand up for
our First and our Second Amendment rights, the rights of
unborn children, and are wounded warriors and those that have
fought for a country and wear a badge. So take
(02:41):
a stand today. Go to patriotmobile dot com slash ben
forty seven or call ninety seven to two Patriot and
if you use the promo code BEN forty seven, you're
gonna get a free month of service. That's Patriot Mobile
slash ben forty seven or nine seven to Patriot and
(03:05):
make the switch today. It's the forty seven Morning Update
and it starts right now. Story number one, the ninth
Circuit saying that President Trump can send the National Guard
to Portland is another massive win for law and order.
And if you think that the left is going to
sit down and just say, okay, fine, the President's going
(03:27):
to be able to be the president, and he has
the authority to do this and he was elected to
do it, you're wrong. MSNBC having a total meltdown as
Lisa Rubin had to read the ninth Circuit decision authorizing
Trump to deploy the National Guard in Portland. Take a
listen to how they spun it on MSNBC.
Speaker 4 (03:45):
Yeah, And I want to just correct one thing and
then explain why functional. Okay, it is the same. This
is a stay of Judge Immigrant's opinion, and that's why
it reached the Ninth Circuit as soon as it did,
because this is an emergency motion to essentially pause for order.
But as a functional no matter, you are absolutely correct,
it has the function of overturning her order and thereby
(04:06):
allowing the President to send the National Guard back onto
the streets of Portland. And Katy, I want to read
if I can, just from a little bit of the
beginning of this ninety three page opinion, it says, after
considering the record, and by the record they mean all
the factual evidence at this preliminary stage, we conclude that
it is likely that the President lawfully exercised his statutory
(04:26):
authority under ten USC. Section twelve four oh six. That's
the statute we've been referring to as Title ten when
we have conversations about the National Guard deployments, which authorizes
the federalization of the National Guard. When the president is
unable with the regular forces to execute the laws of
the United States. And this is the important part. The
evidence the president relied on reflects quote, a colorable assessment
(04:50):
of the facts in law within a range of honest judgment.
We thus conclude that defendants are likely to succeed on
the merits of their appeal. Basically say saying when and
if a court considers all of the record in this
matter is tried and it gets back to an appellate
court through an ordinary process where they have full briefing
and full evidence, that they still think Donald Trump is
(05:12):
likely to prevail there because he has the discretion to
determine as the president, within a range of honest judgment.
So it is reasonable.
Speaker 2 (05:22):
This is what you and I were talking about last week.
Speaker 3 (05:25):
It is very clear the left realizes now they're running
out of ways to stop President Trump from doing his job,
a job that he was elected by the American people
to do, and they're going to do everything they can
to continue to try to stop him. But as we
witness what is happening now in Portland and the total
number of arrast nationwide in the last nine months in
(05:46):
law and order, that is also being restored to incredibly
violent cities like Portland, Washington, d C. Memphis, Tennessee, and
many more to come, including Chicago. What you're witnessing is
a president that is doing exactly what he promised he
was going to do, keep all Americans safe, no matter
where you live.
Speaker 2 (06:07):
Now, story number two.
Speaker 3 (06:08):
It happened several years ago, but we're now finally starting
to get to the bottom of the corruption at the
deep state under Joe Biden's leadership. You may remember us
talking about Arctic Frost and that was an FBI DOJ
investigation that was open in April of twenty twenty two
as a quote sensitive investigative matter. It focused on efforts,
(06:33):
they claimed at the time, to overturn the twenty twenty election.
That's right, they were saying that Donald Trump was trying
to overthrow.
Speaker 1 (06:42):
The will of the people.
Speaker 3 (06:44):
Multiple outlets and Senator Chuck Grassey's committee are now describing
it as a precursor to Jack Smith's DC case against
Donald Trump. Grassley's office says agents issued one hundred of subpoenas,
conducted dozens of interviews, and sought call records for eight
(07:05):
Republican senators and one House member from January the fourth
through the seventh of twenty twenty one. We now know
that list has expanded and now include Senator Ted Cruz.
We also know that not only were they spawing on
elected members of Congress that were Republicans only, they also
targeted GOP aligned organizations. Notable actions linked to Arctic Frost
(07:31):
include the FBI's August ninth, twenty twenty two seizure of
Representative Scott Perry's phone, surveillance es to locate him and
broad a request tied to alternate electors. Later elements fed
into Special Council Jack Smith's.
Speaker 1 (07:49):
Work, which brings us to the new bombshell.
Speaker 3 (07:54):
Chuck Grassley has now released documents he says show proof
that the Attorney Merrick Garland, the Deputy Attorney General Lisa Monico,
and FBI Director Chrisopher Ray personally approved opening Arctic Frost
in April of twenty twenty two. Multiple write ups cite
the memo and handwritten sign offs, and Grassley posted the
(08:17):
claims publicly as well. Now, Grasseley's characterization is simple. He
framed Arctic Frost as a sweeping partisan overreach that weaponized
law enforcement and surveilled members of Congress. He ties it
to Smiths now dismissed DC case. And that's just the
(08:38):
tip of the iceberg. So let's break this down a
little bit more. The former Attorney General Merrick Garland and
former FBI Director Ray decided to approve the sense of
matter and that led to the surveillance of virtually every
Republican that we know of right now. It helped spark
a special Council probe, which was what it was designed
(08:59):
to do at a Donald truy Rump's quote efforts to
overturn the twenty twenty election that obviously was a lie.
Grassley now signed the new documents he received for the
Department of Justice and Garland's approval of the Sensitive Investigation
Matter on April the fifth of twenty twenty two, recommended
by the Deputy Attorney General Lisa Monico, and what it
(09:21):
did was authorize the FBI's Washington Field office to launch
a quote full investigation into what officials described as an
artecutable factual basis indicating the existence of a federal crime
quote unquote they said involved Trump and individuals closely associated
(09:43):
with Donald Trump, which is exactly how they opened the
fishing expedition to go after Trump and to try to
lock him up.
Speaker 1 (09:50):
Now.
Speaker 3 (09:50):
The launch of Arctic Frost and the investigation would then
lead to the appointment of the Special Council Jack Smith
in November of twenty twenty two. Quote proof that bien
Attorney General Merrit Garland, deput Attorney General Lisa Monico, and
FBI Director Ray All personally approved opening Arctic Frost.
Speaker 1 (10:10):
Grassley said in his statement.
Speaker 3 (10:12):
This investigation least unchecked government power at the highest levels.
My oversight will continue, Grassley says. Grasseley also announced earlier
this month that at least nine Republican centers now were
targeted by the FBI in this probe. On October the sixth,
Grassley said FBI agents conducted toll record analysis, a form
(10:36):
of communications metadata review, on several GOP lawmakers, including Center
Lindsay Graham of South Carolina, Josh Harley and Missouri, Ron
Johnson Wisconsin, and Marsha Blackburn of Tennessee. The toll analysis
of the phones could have revealed whom each lawmaker contacted
by call or texts in the day surrounding the January sixth,
(10:58):
twenty twenty one Capital riot. Grassley called this worse than Watergate.
In addition, ninety two Republican or conservative aligned groups and individuals,
including Turning Point USA, co founded by slain conservative leader
Charlie Kirk, were also targeted, suggesting that Arctich Frost was
(11:21):
quote much broader than just an electoral matter, Grassley said
during the briefing. He said, this shows now that they
were targeting their political adversaries. Arctich Frost wasn't just a
case to politically investigate Trump. It was the vehicle by
which partisan GOP agents and DOJ prosecutors could achieve their
(11:44):
partisan INDs and improperly investigate the entire Republican political apparatus,
Grassley added. FBI Director Caspittel also coming out vowing transparency
and accountability following the revelations. After Grassley's announcement, we terminate employees,
(12:06):
we abolished the weaponized cr DASH fifteen squad, and we
initiated an ongoing investigation with more accountability measures ahead. Patel
said CR fifteen was the FBI's at Washington Field office
squad focused on investigating federal public corruption. In reality, it
was just going after conservatives. In May, the FBI quietly
(12:30):
disbanded CR DASH fifteen and reassigned its agents as part
of a broader reorganization and shift in priorities. So here
we are with even more evidence that the Biden administration
did everything they could not only to go after Donald Trump,
but to go after anyone that supported Donald Trump politically,
(12:51):
and any up and coming conservative that they found a
threat was then put on their lists to be investigated.
Thank goodness, and Trump is now in the Oval Office
and the people around him are.
Speaker 1 (13:03):
Making sure that this never happens again.
Speaker 2 (13:06):
Thank you for listening to the forty seven Morning Update
with Ben Ferguson. Please make sure you hit subscribe wherever
you're listening to this podcast right now and for more
in depth news, also subscribe to the Ben Ferguson podcast
and we will see you back here tomorrow
The Democrats.
Speaker 2 (00:01):
You just do a simple extension.
Speaker 3 (00:03):
That's the best way.
Speaker 1 (00:04):
The Democrats are holding it up.
Speaker 3 (00:06):
They want a one point five trillion dollars for people
that came out of prisons or.
Speaker 1 (00:11):
Illegal alias that come into our country. We don't want
to do that because that will really hurt the healthcare
that we have in our country.
Speaker 2 (00:17):
Dad, Frankly, you would like to see better healthcare.
Speaker 1 (00:20):
Period.
Speaker 2 (00:21):
You're listening to the forty seven Morning Update with Ben Ferguson.
Speaker 3 (00:25):
Good Tuesday morning. It's nice to have you with us
on the forty seven Morning Up. They Ben Ferguson with you,
and here are the two big stories that are coming
out of the White House this morning. First up, there
was a massive win for the President when it comes
to deploying the National Guard, this time coming from the
ninth US Circuit decision dealing with him doing exactly this
(00:45):
in Portland and what does this mean for other cities
around the country. Also, a massive bombshell, this time coming
from Senator Chuck Grassley saying he now has proof that
Biden's Attorney General Merrick Garland and Deputy Attorney General Lisa Monico,
plus the FBI Director chrispher Ray all personally approved opening
(01:07):
Arctic frost to go after Donald Trump and conservatives that
we're aiding and supporting him.
Speaker 1 (01:15):
I'll have more details on that in.
Speaker 3 (01:16):
A second, but first, every so often something happens that
reminds us just how fragile our freedoms are. We can't
afford to take our rights for granted. We must draw
a line in the sand, and our friends at Patriot
Mobile have been doing just that for more than twelve years.
The truth is there is only one provider that boldly
(01:37):
stands in the gap for Americans who believe freedom is
we're fighting for, and that company is Patriot Mobile. Not
only are they leading the red economy, they're also outpacing
the competition and technology. Patriot Mobile is one of the
only carriers offering premium access to all three major US networks,
(01:58):
giving you nationwide coverage and serve that you can count
on day after day. They also offer unlimited data plans,
mobile hotspots, international roaming, internet backup in so much more,
and switching has never been easier. You can activate in
minutes on your phone from your home or your office,
and you keep your same number. You've got now keep
(02:19):
your same phone, or upgrade to a new one. And
this is where the magic happens. Every month, about five
percent of your bill is given back to conservative causes
at no extra cost to you that stand up for
our First and our Second Amendment rights, the rights of
unborn children, and are wounded warriors and those that have
fought for a country and wear a badge. So take
(02:41):
a stand today. Go to patriotmobile dot com slash ben
forty seven or call ninety seven to two Patriot and
if you use the promo code BEN forty seven, you're
gonna get a free month of service. That's Patriot Mobile
slash ben forty seven or nine seven to Patriot and
(03:05):
make the switch today. It's the forty seven Morning Update
and it starts right now. Story number one, the ninth
Circuit saying that President Trump can send the National Guard
to Portland is another massive win for law and order.
And if you think that the left is going to
sit down and just say, okay, fine, the President's going
(03:27):
to be able to be the president, and he has
the authority to do this and he was elected to
do it, you're wrong. MSNBC having a total meltdown as
Lisa Rubin had to read the ninth Circuit decision authorizing
Trump to deploy the National Guard in Portland. Take a
listen to how they spun it on MSNBC.
Speaker 4 (03:45):
Yeah, And I want to just correct one thing and
then explain why functional. Okay, it is the same. This
is a stay of Judge Immigrant's opinion, and that's why
it reached the Ninth Circuit as soon as it did,
because this is an emergency motion to essentially pause for order.
But as a functional no matter, you are absolutely correct,
it has the function of overturning her order and thereby
(04:06):
allowing the President to send the National Guard back onto
the streets of Portland. And Katy, I want to read
if I can, just from a little bit of the
beginning of this ninety three page opinion, it says, after
considering the record, and by the record they mean all
the factual evidence at this preliminary stage, we conclude that
it is likely that the President lawfully exercised his statutory
(04:26):
authority under ten USC. Section twelve four oh six. That's
the statute we've been referring to as Title ten when
we have conversations about the National Guard deployments, which authorizes
the federalization of the National Guard. When the president is
unable with the regular forces to execute the laws of
the United States. And this is the important part. The
evidence the president relied on reflects quote, a colorable assessment
(04:50):
of the facts in law within a range of honest judgment.
We thus conclude that defendants are likely to succeed on
the merits of their appeal. Basically say saying when and
if a court considers all of the record in this
matter is tried and it gets back to an appellate
court through an ordinary process where they have full briefing
and full evidence, that they still think Donald Trump is
(05:12):
likely to prevail there because he has the discretion to
determine as the president, within a range of honest judgment.
So it is reasonable.
Speaker 2 (05:22):
This is what you and I were talking about last week.
Speaker 3 (05:25):
It is very clear the left realizes now they're running
out of ways to stop President Trump from doing his job,
a job that he was elected by the American people
to do, and they're going to do everything they can
to continue to try to stop him. But as we
witness what is happening now in Portland and the total
number of arrast nationwide in the last nine months in
(05:46):
law and order, that is also being restored to incredibly
violent cities like Portland, Washington, d C. Memphis, Tennessee, and
many more to come, including Chicago. What you're witnessing is
a president that is doing exactly what he promised he
was going to do, keep all Americans safe, no matter
where you live.
Speaker 2 (06:07):
Now, story number two.
Speaker 3 (06:08):
It happened several years ago, but we're now finally starting
to get to the bottom of the corruption at the
deep state under Joe Biden's leadership. You may remember us
talking about Arctic Frost and that was an FBI DOJ
investigation that was open in April of twenty twenty two
as a quote sensitive investigative matter. It focused on efforts,
(06:33):
they claimed at the time, to overturn the twenty twenty election.
That's right, they were saying that Donald Trump was trying
to overthrow.
Speaker 1 (06:42):
The will of the people.
Speaker 3 (06:44):
Multiple outlets and Senator Chuck Grassey's committee are now describing
it as a precursor to Jack Smith's DC case against
Donald Trump. Grassley's office says agents issued one hundred of subpoenas,
conducted dozens of interviews, and sought call records for eight
(07:05):
Republican senators and one House member from January the fourth
through the seventh of twenty twenty one. We now know
that list has expanded and now include Senator Ted Cruz.
We also know that not only were they spawing on
elected members of Congress that were Republicans only, they also
targeted GOP aligned organizations. Notable actions linked to Arctic Frost
(07:31):
include the FBI's August ninth, twenty twenty two seizure of
Representative Scott Perry's phone, surveillance es to locate him and
broad a request tied to alternate electors. Later elements fed
into Special Council Jack Smith's.
Speaker 1 (07:49):
Work, which brings us to the new bombshell.
Speaker 3 (07:54):
Chuck Grassley has now released documents he says show proof
that the Attorney Merrick Garland, the Deputy Attorney General Lisa Monico,
and FBI Director Chrisopher Ray personally approved opening Arctic Frost
in April of twenty twenty two. Multiple write ups cite
the memo and handwritten sign offs, and Grassley posted the
(08:17):
claims publicly as well. Now, Grasseley's characterization is simple. He
framed Arctic Frost as a sweeping partisan overreach that weaponized
law enforcement and surveilled members of Congress. He ties it
to Smiths now dismissed DC case. And that's just the
(08:38):
tip of the iceberg. So let's break this down a
little bit more. The former Attorney General Merrick Garland and
former FBI Director Ray decided to approve the sense of
matter and that led to the surveillance of virtually every
Republican that we know of right now. It helped spark
a special Council probe, which was what it was designed
(08:59):
to do at a Donald truy Rump's quote efforts to
overturn the twenty twenty election that obviously was a lie.
Grassley now signed the new documents he received for the
Department of Justice and Garland's approval of the Sensitive Investigation
Matter on April the fifth of twenty twenty two, recommended
by the Deputy Attorney General Lisa Monico, and what it
(09:21):
did was authorize the FBI's Washington Field office to launch
a quote full investigation into what officials described as an
artecutable factual basis indicating the existence of a federal crime
quote unquote they said involved Trump and individuals closely associated
(09:43):
with Donald Trump, which is exactly how they opened the
fishing expedition to go after Trump and to try to
lock him up.
Speaker 1 (09:50):
Now.
Speaker 3 (09:50):
The launch of Arctic Frost and the investigation would then
lead to the appointment of the Special Council Jack Smith
in November of twenty twenty two. Quote proof that bien
Attorney General Merrit Garland, deput Attorney General Lisa Monico, and
FBI Director Ray All personally approved opening Arctic Frost.
Speaker 1 (10:10):
Grassley said in his statement.
Speaker 3 (10:12):
This investigation least unchecked government power at the highest levels.
My oversight will continue, Grassley says. Grasseley also announced earlier
this month that at least nine Republican centers now were
targeted by the FBI in this probe. On October the sixth,
Grassley said FBI agents conducted toll record analysis, a form
(10:36):
of communications metadata review, on several GOP lawmakers, including Center
Lindsay Graham of South Carolina, Josh Harley and Missouri, Ron
Johnson Wisconsin, and Marsha Blackburn of Tennessee. The toll analysis
of the phones could have revealed whom each lawmaker contacted
by call or texts in the day surrounding the January sixth,
(10:58):
twenty twenty one Capital riot. Grassley called this worse than Watergate.
In addition, ninety two Republican or conservative aligned groups and individuals,
including Turning Point USA, co founded by slain conservative leader
Charlie Kirk, were also targeted, suggesting that Arctich Frost was
(11:21):
quote much broader than just an electoral matter, Grassley said
during the briefing. He said, this shows now that they
were targeting their political adversaries. Arctich Frost wasn't just a
case to politically investigate Trump. It was the vehicle by
which partisan GOP agents and DOJ prosecutors could achieve their
(11:44):
partisan INDs and improperly investigate the entire Republican political apparatus,
Grassley added. FBI Director Caspittel also coming out vowing transparency
and accountability following the revelations. After Grassley's announcement, we terminate employees,
(12:06):
we abolished the weaponized cr DASH fifteen squad, and we
initiated an ongoing investigation with more accountability measures ahead. Patel
said CR fifteen was the FBI's at Washington Field office
squad focused on investigating federal public corruption. In reality, it
was just going after conservatives. In May, the FBI quietly
(12:30):
disbanded CR DASH fifteen and reassigned its agents as part
of a broader reorganization and shift in priorities. So here
we are with even more evidence that the Biden administration
did everything they could not only to go after Donald Trump,
but to go after anyone that supported Donald Trump politically,
(12:51):
and any up and coming conservative that they found a
threat was then put on their lists to be investigated.
Thank goodness, and Trump is now in the Oval Office
and the people around him are.
Speaker 1 (13:03):
Making sure that this never happens again.
Speaker 2 (13:06):
Thank you for listening to the forty seven Morning Update
with Ben Ferguson. Please make sure you hit subscribe wherever
you're listening to this podcast right now and for more
in depth news, also subscribe to the Ben Ferguson podcast
and we will see you back here tomorrow
Host
Ben Ferguson
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