In this episode of Firebrand, Rep. Matt Gaetz (R-GAetz) speaks to the Judiciary Committee about his opposition to a bill that would ban TikTok, and why he thinks it s a good idea. Also, special counsel Rob Herr delivers a blistering testimony to the House Judiciary Committee.
00:00:26.400If we had hundreds of Matt Gaetz in D.C., the country turns around. It's that simple.
00:00:31.980He's so tough, he's so strong, he's smart, and he loves this country. Matt Gaetz.
00:00:38.080It is the honor of my life to fight alongside each and every one of you.
00:00:43.300We will save America. It's choose your fighter time. Send in the firebrands.
00:00:48.660Welcome to Firebrand. We are live broadcasting out of room 2021 of the Rayburn House Office Building here at the Capitol Complex in Washington, D.C.
00:02:48.980It wasn't even available for amendment.
00:02:52.520If we really were serious about banning TikTok, and we should be, my assessment is that we ought to have a deliberative process.
00:03:00.020We shouldn't rush something to the floor.
00:03:02.660And then the way you make it better is you offer amendments, you take consideration, you take votes.
00:03:10.240And then we probably would have an appropriately tailored legislative product, as opposed to what we had today, which I voted against because it was overbroad, because it was rushed, and because it was not available for amendment.
00:03:22.500If we did this right, we should have been able to get the job done.
00:03:45.740Mr. Ray, you've also talked about various threats associated with TikTok, including its ability to potentially mobilize public opinion.
00:03:55.320This particular push notification pop-up ended up convincing many members of the House Energy and Commerce Committee that day to change from being lean yeses to being hard yeses.
00:04:07.220Because they felt this was exactly the nature of the threat that the legislation was being proposed to address.
00:04:14.940So could you just talk about whether this is an example of the type of mobilization of public opinion that TikTok, under the control of the Chinese Communist Party, might conduct in the future?
00:04:26.080Well, while I can't speak to the specific example, I can tell you that the kind of thing you're describing illustrates why this is such a concern.
00:04:35.380I think Americans need to understand that distinctions that we take for granted in our system between businesses and government, between businesses and the government itself, don't exist for all practical purposes in China.
00:04:50.180So Americans need to ask themselves whether they want to give the Chinese government the ability to control access to their data, whether they want to give the Chinese government the ability to control the information they get through the recommendation algorithm,
00:05:03.980and whether they want to give the Chinese government the ability to leverage the data, the software, on their devices, which allows the Chinese government to compromise their devices if they so choose to exercise.
00:05:14.240And just let the record reflect that when you were talking about the type of algorithm or example of what could happen, you were pointing to this very poster with a pop-up menu.
00:05:37.300And I think it illustrates why, when it comes to the algorithm and the recommendation algorithm and the ability to conduct influence operations, that is extraordinarily difficult to detect.
00:05:54.340Because the CCP ultimately controls ByteDance, ByteDance can manipulate the algorithm and has access to all this data.
00:06:02.960Now, Director Haynes, in this year's threat assessment on page 12, you said, TikTok accounts run by a PRC propaganda arm reportedly targeted candidates from both political parties during the U.S. midterms in 2022, right?
00:06:27.080So just to be clear, TikTok has already been used to influence the elections in 2022.
00:06:32.380And then on that same page, it says, TikTok could, quote, attempt to influence elections in 2024.
00:06:39.820So, Director Haynes, you cannot rule out that the CCP could, again, just like they did here, use TikTok as a platform to influence 2024 elections, right?
00:06:53.580We cannot rule out that the CCP could use it.
00:07:02.180I thought that was a very effective presentation by Raja Krishnamoorthy about the specific threat of TikTok.
00:07:07.620But the live stream right now has a very strong sentiment that the broad provisions of this bill could be used to go after Rumble, which we enjoy.
00:07:23.440Oasis on Rumble saying, just closer to banning free speech.
00:07:27.440So, as we speak to the direct impact of TikTok, I wanted to show you what Krishnamoorthy was arguing.
00:07:35.380But on the floor, we heard a lot of the concerns from the live stream animated by the debate of our fellow Firebrand and good friend, Republican Dan Bishop of North Carolina.
00:07:46.700Mr. Speaker, this is not the first time that restricting speech has been pursued in the interest of national security.
00:07:55.980In fact, in five days' time, next Monday, I'll go to the Supreme Court for the first time I've attended an oral argument in the case of Murthy v. Missouri.
00:08:06.120The case where agents from the White House and the Department of Justice and other federal agencies embedded themselves with American social media companies to manipulate what could appear on social media, expression by the American people.
00:08:23.600Described by the lower court as the most massive attack on free speech in U.S. history.
00:08:28.380And even as that pins for a decision by the Supreme Court, Congress would, in this legislation, say, in effect, hold my beer.
00:08:48.160But I respect the choices of 170 million users in the United States.
00:08:58.380The Trump administration attempted to ban TikTok in 2020, and it was held that it couldn't do so in two court decisions because, under the International Emergency Economic Powers Act, are subject to the Berman Amendment,
00:09:15.500passed in 1988 by this body, to provide that, in the interest of dealing with hostile foreign powers, the president can do all sorts of things with respect to commerce,
00:09:27.920but cannot ban the free flow of information across international boundaries.
00:09:32.080I've heard that described as a gap in the law.
00:09:37.800Now, this change cannot be, this legislation cannot be described as other than receding from the Berman Amendment and that principle in American law,
00:09:52.660which does not, by the way, did not emerge from the brow of Representative Berman in 1988,
00:10:00.180but was predicated on a much earlier principle of First Amendment law established in 1965 by the United States Supreme Court,
00:10:08.540in the case Postmaster versus, or Lamont versus Postmaster General,
00:10:12.600which said the American people have a right, a First Amendment right of access to foreign propaganda.
00:10:20.520At first, it may be remarkable or strike one as odd to hear that,
00:10:27.540but that's because the proper relationship between government and citizen in the United States
00:10:32.460is that the citizen decides what to be exposed to and what ideologies to embrace and consider,
00:10:38.460and is always free to engage in expression, including across international boundaries.
00:10:45.700That remains the prevailing constitutional law today,
00:14:20.740Because what you put in your report was among the places Mr. Biden's lawyers found classified documents in the garage was a damaged open box.
00:14:28.340So here's what I'm understanding, right?
00:14:30.340As Mr. Armstrong laid out, you find in your report that the elements of a federal criminal violation are met.
00:14:36.520But then you apply this senile cooperator theory that because Joe Biden cooperated and the elevator doesn't go to the top floor, you don't think you get a conviction.
00:14:45.120And I actually think you get to the right answer in that.
00:14:48.100I don't think Biden should have been charged.
00:14:49.520Don't think Trump should have been charged.
00:14:50.580But under the senile cooperator theory, isn't it frustrating that Biden continues to go out and lie about the basic facts of the report that lay out a federal criminal violation?
00:15:03.140Congressman, I need to disagree with at least one thing that you said, which is that I found that all of the elements were met.
00:15:09.380One of the elements of the relevant mishandling statute is the intent element.
00:15:14.140And what my report reflects is my judgment that based on the evidence, I would not be able to prove beyond a reasonable doubt to a jury that that intent element had been met.
00:15:22.180Right. But the reason you have that doubt is the is the senile cooperator theory.
00:15:26.580The fact that Joe Biden is so inept in responding that you can't prove the intent, which, again, I don't quibble with that conclusion.
00:15:33.520But it's frustrating to be like, oh, well, this guy's not getting treated the same way as Trump because the elevator is not going to the top floor.
00:15:39.140So we can't prove intent. While at the same time, Biden goes out there at the White House and says, well, you know, he just he just he just blatantly lies.
00:15:46.620And what I'm trying to figure out is whether or not Biden's lying because he's still so senile.
00:15:50.640He hasn't read your report or whether it's a little craftier and a little more devious and perhaps a little more intentional than we might otherwise think.
00:15:58.760So I also want to go to this Biden pen center.
00:16:01.500Like, did you did it give concern to you that the Biden pen center where all this classified stuff was being mishandled was being floated by foreign governments?
00:16:12.900Congressman, we were concerned with getting the bottom of all of the classified documents that were recovered during the course.
00:16:19.340But the but like what bothers me is that the money that was paying for the place where the documents were being inappropriately held.
00:16:26.520It was the Chinese and it was other foreign countries that did that play into your analysis.
00:16:32.340Did you did you look into the billion dollars in foreign funding sources at the Biden center at UPenn, for example?
00:16:38.560Congressman, we conducted a thorough, impartial and fair investigation.
00:16:42.480And we were very, very concerned with getting to the bottom of all the relevant questions relating to the recovered.
00:16:49.260Sir, did you look into the fact that the Chinese were floating the place where this guy was keeping the documents unsecure?
00:16:54.260Yes or no, Congressman, to the extent that we identified evidence that was relevant and significant to our investigation, we put it in our report.
00:17:01.380OK, it seemed relevant to me, maybe not to you.
00:17:03.880Another thing that seemed relevant to me is this ghostwriter.
00:17:06.300Right. So the ghostwriter purposefully deletes this evidence that seems to be like show culpability of Biden's crimes.
00:17:15.420And you don't charge him. Why did you not charge the ghostwriter with obstructing justice and deleting evidence?
00:17:21.480Well, for a number of reasons that are laid out in the report.
00:17:24.580But in brief, Congressman, yes, when we when we interviewed the ghostwriter, what he did tell us and I'm trying to get the exact language that one of the things on his mind, one of the things he was aware of was that I had been appointed special counsel and was conducting an investigation.
00:17:38.420So so so so he didn't just so everybody knows the ghostwriter didn't delete the recordings just as a matter of happenstance.
00:17:46.140Ghostwriter has recordings of Biden making admissions of of of crimes.
00:17:50.440He then learns that you've been appointed.
00:17:52.740He then deletes the information that is the evidence and you don't charge him.
00:17:58.200That is reflected in the report. And one of the reasons like what does somebody have to do to get charged with obstruction of justice by you, if like deleting the evidence of crimes doesn't count, what would meet the standard?
00:18:09.360So, Congressman, as we as we state in the relevant chapter of the report, one of the things that Mr.
00:18:15.280Zwanitzer did not delete was transcripts of the recordings that he had created that included inculpatory evidence relating to Mr.
00:18:21.940Oh, so if you if you destroy some evidence, but not other evidence that somehow absolves you of the evidence you destroy.
00:18:29.000Like, here's what I see. Zwaniger should have been charged, wasn't Biden and Trump should have been treated equally.
00:18:35.240They weren't. And that is the double standard that I think a lot of Americans are concerned about.
00:18:39.660I see my time's expired. I yield back.
00:18:45.940Isn't that something? If someone proves that they are so out to lunch in responding to basic facts and if they show up to demonstrate that senility, apparently it is absolving of of of of crimes.
00:19:00.540And since when is like cooperating with the government the thing that you have to do to not get charged?
00:19:06.440Like, doesn't everyone have the right under the Fifth Amendment to not cooperate with the government when the government is trying to pin something on you that is biased, that is inequitable, that is a misapplication of the law?
00:19:22.700It seems as though Trump's being punished for something that, like, isn't even a crime.
00:19:26.640Not cooperating with the government when they're trying to lie about you.
00:20:03.700Joe Biden is a competent, good president who knows American values.
00:20:12.780Sometimes the hit dog will holler, and it seems as though the criticism of Joe Biden is inept, has certainly hit with some of my Democrat colleagues.
00:20:20.260What's also hitting is a wave of illegal migration in the state of Florida as a consequence of the deteriorating conditions on the island of Hispaniola, particularly Haiti.
00:20:27.940Haiti. There, the criminal gangs are running the country, and so you've got this mass exodus of people coming to Florida.
00:20:35.900I'm worried the Biden administration is not ready for it.
00:20:38.940We get this reporting from the New York Post.
00:20:40.700Florida border agents placed on high alert for refugees following breakdown of order in Haiti.
00:20:46.660Border agents in Miami have been told to prepare for a wave of migration from Haiti.
00:20:52.160Following the takeover of the country by bloodthirsty gangs, the Post has learned,
00:20:56.580it is unlikely Haitians who take to the sea and enter Florida illegally will be repatriated back to their home country.
00:21:04.380Given this instability, roughly 15,000 people have been internally displaced in recent days due to the gang takeover of the country.
00:21:12.520According to the UN, gangs have wrecked violence and terror through the burning of buildings,
00:21:17.660lootings, and attacks on police stations and government infrastructure resulting in the closure of hospitals, disease, and starvation.
00:21:25.480With the breakdown of the government in Haiti, repatriating Haitians may not be happening for the foreseeable future, the email read.
00:21:33.260So I guess if all this is going on in Haiti and it's the view of some in the Biden administration that we're not going to repatriate them,
00:21:39.940that just becomes the new situation in Florida.
00:21:42.440Guess what? Florida's not going to become Haiti.
00:21:44.740Miami's not going to become Port-au-Prince.
00:21:47.580We have to deter this invasion, and when we apprehend these people, whether it is at sea or whether it is in our beloved Florida,
00:30:53.620That is the way to advance in American life and in American society.
00:30:57.500Before we go, we've got breaking news.
00:30:59.340A Fulton County judge has killed six counts in the Trump indictment.
00:31:03.120This from the Atlanta Journal-Constitution.
00:31:05.940Fulton County Superior Court Judge Scott McAfee on Wednesday struck down six counts of the August indictment that alleged felony conduct by former President Donald Trump and 18 others, saying they lacked sufficient detail.
00:31:16.880McAfee dismissed counts logged against Trump, former New York City Mayor Rudy Giuliani, lawyer Charles Eastman, former White House Chief of Staff Mark Meadows, and attorneys Ray Smith and Bob Cheesley.
00:31:29.040Many of the charges relate to allegations that defendants illegally urged Georgia elected officials, including Secretary of State Brad Raffensperger, then House Speaker David Ralston, and members of the General Assembly, to violate their oaths of office by convening a special session of the legislature to appoint pro-Trump electors.
00:31:45.140Quote, the court's concern is less that the state has failed to allege sufficient conduct of the defendants.
00:31:51.380In fact, it is alleged in abundance, McAfee wrote.
00:31:53.940However, the lack of detail concerning an essential legal element is, in the undersigned's opinion, fatal.
00:32:02.880McAfee said the six counts contain all the essential elements of the crimes, but don't provide enough detail regarding the alleged felonies committed.
00:32:10.080Quote, they do not give defendants enough information to prepare their defenses intelligibly, he added.
00:32:17.320All of the remaining defendants are still under indictment for racketeering and other offenses.
00:32:21.380McAfee noted this does not mean the entire indictment is dismissed.
00:32:25.200If you are Trump, Meadows, the lawyers, this is good news.
00:32:54.100And you just know there are going to be more delicious tidbits from Fonnie Willis and Nathan Wade as they pursue their campaign against justice and law and order.
00:33:03.240Thank you so much, as always, for joining us.
00:33:05.340We always appreciate it if you're listening on Spotify, iTunes.