GRAHAM: "For those who are listening, we're talking about a conversation between General Flynn and the Russian ambassador after the election while he's the national security adviser in waiting. Is that correct, Senator Cruz?"
CRUZ: "We are. He's the incoming national security adviser. And Mr. McCabe, yesterday on MSNBC, Ben Rhodes the former deputy national security adviser to President Obama said that foreign leaders are already having considerations with Joe Biden, quote, 'talking about the agenda they're going to pursue January 20th.' Mr. McCabe, based on that testimony, do you believe Joe Biden is violating the Logan Act?"
MCCABE: "I'm not aware of Ben Rhodes' statements or --"
CRUZ: "Take it on faith he said what I read. Assuming that quote is accurate, it's a verbatim quote, is that a violation of the Logan Act under any plausible theory."
MCCABE: "I'm not prepared to take your statement on faith. And I am also not prepared to conduct legal analysis --"
CRUZ: "All right. You're a lawyer. Have you ever answered hypothetical in court? If it is correct that I'm accurately quoting something the Department of Justice frequently did wrong in this investigation -- if that is what Ben Rhodes said, if Joe Biden is talking with foreign leaders right now, does it violate the Logan Act? Yes or no?"
MCCABE: "I'm not go opine on a hypothetical question about what the Biden campaign --"
CRUZ: "OK. He is talking with foreign leaders and it doesn't violate the Logan Act because the Logan Act is unconstitutional, which is why it's never been used to prosecute anyone. You authorized using it to go after General Flynn as part of a political persecution. I can give you the answer, hell no Joe Biden is not violating the Logan Act. The reason you won't say it, is because that was your flimsy political basis to go after a decorated war hero because you disagreed politically with President Trump."
MCCABE: "Sir, none of that is correct."
CRUZ: "Which part? Pick -- pick any aspect."
MCCABE: "We didn't investigate General Flynn because we were concerned that he might violate the Logan Act.”