The Ben Shapiro Show - BREAKING: TRUMP INDICTED…AGAIN!

00:00:00.000 Well, obviously, insane amount of news today.

00:00:02.000 President Trump apparently has now been indicted on seven criminal charges in this classified documents case.

00:00:07.000 Now, you will recall that this classified documents case actually began in like 2021 because it turned out that President Trump in 2021 had a bunch of documents Over at Mar-a-Lago, and those documents were actually requested by the National Archives in May 6, 2021.

00:00:25.000 They alerted Trump that it was seeking approximately two dozen boxes of records be returned to it as required by the Presidential Records Act, according to Ryan Saavedra of Daily Wire.

00:00:32.000 The National Archives warned Trump in late 2021.

00:00:34.000 They could escalate the issue to prosecutors or Congress if he continued to refuse to hand over the documents.

00:00:38.000 He was also then warned by former Trump White House lawyer, Eric Hirschman, he could face serious legal jeopardy if he did not comply.

00:00:44.000 In January 2022, about 15 of those boxes were returned, at which time officials discovered there were hundreds of pages of classified material in the boxes.

00:00:51.000 And then federal law enforcement was notified of the discovery, and then they came to believe there were more materials that had not been returned.

00:00:56.000 And then in May 2022, A federal grand jury issued a subpoena seeking additional classified documents.

00:01:00.000 A few weeks later, the DOJ decided to raid Mar-a-Lago.

00:01:03.000 Trump's legal team signed a written statement claiming that all the classified material had then been returned.

00:01:09.000 On August 8th, the FBI executed a search warrant on the property and recovered more classified material.

00:01:14.000 Okay, so that is the sequence of events leading up to all of this.

00:01:16.000 Now, let it be stated up front that the treatment of classified material by various public officials is extremely messy.

00:01:24.000 So among the public officials that we know have had classified material in a place they weren't supposed to have that classified material, that'd be like Hillary Clinton.

00:01:31.000 Joe Biden.

00:01:32.000 Mike Pence.

00:01:34.000 Donald Trump.

00:01:35.000 The only one of those four people who had the power to summarily declassify if he had gone through any sort of procedure with regard to declassification was President Trump.

00:01:42.000 The president can summarily declassify anything.

00:01:44.000 He's the head of the executive branch.

00:01:45.000 None of those other characters were able to declassify anything.

00:01:48.000 So that's number one.

00:01:50.000 Number two, why exactly was Trump holding these classified materials in the first place?

00:01:54.000 So all the theories at the time when this news broke back in 2022 is that it must have been because Trump was seeking to pass them off to the Russians.

00:02:01.000 He was seeking to pass them off to the Chinese. 0.93

00:02:02.000 There was some sort of nefarious evil plan by Donald Trump to do something with the documents.

00:02:07.000 He was going to hand the nuclear codes over to Xi Jinping.

00:02:10.000 He was going to make sure that Vladimir Putin knew exactly where our nuclear submarines were or something like that.

00:02:15.000 And then, as it turns out, according to pretty much everybody who has testified in this case, apparently, Donald Trump just decided to hold on to documents because, wait for it, Donald Trump just wanted to hold on to documents, which only fits with everything we know about him.

00:02:26.000 Anyway, whatever you say about Trump, Trump is a willful human being who likes to do the things that he likes to do.

00:02:31.000 And this is true in literally every area of his life.

00:02:33.000 So the likely thing that happened is he left the White House and he's like, hey, look, it's a letter.

00:02:37.000 Kim Jong-un!

00:02:37.000 Kim signed it.

00:02:38.000 I'm going to bring it.

00:02:40.000 And so he brought it.

00:02:41.000 And that was the end of the story.

00:02:42.000 And then the National Archives was like, can we have the letter?

00:02:44.000 He's like, I don't know who it is.

00:02:45.000 Who knows?

00:02:46.000 And that's pretty much the extent of it.

00:02:49.000 Now, is that a national security threat to the extent that the former president of the United States and the current Republican front runner for the nomination ought to be indicted on criminal charges?

00:02:59.000 Uh, no.

00:03:00.000 The answer is no.

00:03:01.000 And the reason the answer is no is because we have the disparate treatment of those other public officials, including, most egregiously, Hillary Clinton. 0.69

00:03:08.000 Well, look at what Hillary Clinton actually did because it's actually relevant in this context that the FBI and the DOJ decided not to prosecute Hillary Clinton for her activities surrounding taking home classified documents and loading them up onto an unclassified server, a secret private server that she kept in her bathroom.

00:03:25.000 And then she actually ended up using bleach bit to clean the documents when it became clear that she was suspected of holding those documents. 0.95

00:03:30.000 And then those classified documents ended up on the very not classified computer of a pervert named Anthony Weiner, who is Huma Abedin's husband.

00:03:37.000 Hillary and Huma were very close.

00:03:38.000 She was her top aide. 0.92

00:03:39.000 And those documents ended up on Anthony Weiner's computer where he was 16, 15 year old.

00:03:43.000 And she still didn't get prosecuted.

00:03:45.000 I mean, it's hard to think of looser use of classified material than it ends up on Anthony Weiner's computer next to Anthony's Weiner.

00:03:52.000 That is very difficult to think of Donald Trump doing anything that is remotely as sloppy as that.

00:03:57.000 Okay, but here is what we know right now about the indictment.

00:04:01.000 Trump himself disclosed the indictment, according to CNBC, in a series of posts on his Truth Social media site on Thursday evening.

00:04:07.000 He also said he was summoned to appear in court in Miami next week on Tuesday.

00:04:11.000 NBC News soon after confirmed the indictment, it's the second time in recent months that Trump has been criminally charged.

00:04:15.000 Of course, he's still under criminal investigation by the DOJ and a Georgia State prosecutor.

00:04:20.000 For his efforts to reverse his loss to President Biden in the 2020 election in the state of Georgia.

00:04:25.000 So that is the third case that is outstanding against Trump.

00:04:28.000 That one has yet to be decided by a Georgia grand jury.

00:04:30.000 Unclear exactly what's going to happen in that particular case.

00:04:33.000 That's the one about him calling up Brad Raffensperger, the Secretary of State of Georgia, and saying, I just need 12,000 votes.

00:04:37.000 That routine.

00:04:39.000 Okay, so we have three cases.

00:04:40.000 We have the Alvin Bragg case in Manhattan, which is clearly a put-up job.

00:04:43.000 That is the DA of Manhattan trying to make a name for himself.

00:04:45.000 He wouldn't know Alvin Bragg's name, other than he lets criminals out of prison, except that he decided to prosecute President Trump on the basis of some sort of bizarre campaign finance case that is such a stretch that even the New York Times is like, uh, that probably is not prosecutable.

00:04:58.000 Then you have this case.

00:04:59.000 And this one, we are being told, is serious as a heart attack.

00:05:02.000 This is a super duper serious case.

00:05:05.000 So what exactly does this case constitute?

00:05:08.000 Well, right now, the indictment is sealed, so the charges are not fully public.

00:05:12.000 But Trump's attorney, James Trustee, said that the charges include false statements, conspiracy to obstruct, and willfully retaining documents in violation of the Espionage Act.

00:05:20.000 Now, suggesting that he is violating the Espionage Act does not mean that they suspect that Donald Trump is actually, like, a traitor and that he's going to be hanged or something.

00:05:26.000 What that means is that there are provisions of the Espionage Act that relate to the treatment of classified materials and obstruction of justice.

00:05:32.000 The charges carry a maximum penalty of 20 years in prison if Trump is convicted, though the actual sentence would likely be lower because of federal sentencing guidelines.

00:05:40.000 Trump, of course, is the only U.S.

00:05:42.000 president ever to be criminally charged under any circumstances.

00:05:46.000 Okay, so we're going to go through the details of the charges in just one second, what we actually know.

00:05:51.000 First, you know, this show, very political show.

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00:06:54.000 Okay.

00:06:54.000 So again, the classified document charges.

00:06:59.000 They range from obstruction of justice, which that would presumably be Trump telling his team to take the documents and move them from one room into another room when the FBI originally came to search.

00:07:08.000 It might include statements that his lawyers made to the authorities suggesting that he'd already turned over all of the classified documents.

00:07:14.000 And then it turns out he had not actually turned over all of the classified documents.

00:07:18.000 According to ABC News, federal investigators have seized more than 100 documents with classified markings during the search, according to an unsealed detailed inventory list.

00:07:25.000 From Trump's office alone, there were 43 empty folders seized that had classified banners on them.

00:07:28.000 You remember the FBI did the wonderfully classified thing of then taking pictures of all of those folders on the floor and then revealing that to the public.

00:07:35.000 Which definitely leads to the impression that they are not political in any way, is when you take some of the evidence and you spread it out on the floor and then you take photos of it and release it to the media.

00:07:43.000 The property inventory list also showed that agents gathered more than 11,000 documents or photographs without classification markings, all of which were described as property of the United States government.

00:07:53.000 Andy McCarthy over at National Review has a good rundown on what he thinks the charges are at this point.

00:07:58.000 He says, the most notable thing I've seen is that in charging Trump with an Espionage Act offense, prosecutors are relying on a provision that criminalizes willful violation of the rules that government officials are required to follow in handling national defense intelligence.

00:08:09.000 And as McCarthy says, the reason that they are doing this is because if they say that he accidentally mishandled classified information, then we're all going to ask the obvious question.

00:08:16.000 Why isn't Joe Biden being prosecuted?

00:08:18.000 Why wasn't Mike Pence prosecuted?

00:08:19.000 Why isn't Hillary Clinton prosecuted? 1.00

00:08:21.000 And so they're going out of their way to say that unlike these others, We're just sort of in the dark.

00:08:25.000 Oopsie-daisy.

00:08:26.000 A classified document was in Joe Biden's Corvette.

00:08:28.000 Donald Trump was willfully and maliciously hiding this material.

00:08:31.000 That's why they're going after the intent.

00:08:33.000 Now, intent for Trump, as I've said before, is the hardest thing to prove in any criminal case about President Trump because Trump does not have intent beyond the next 0.5 seconds.

00:08:42.000 That may be an overstatement of the amount of time that he has intent for.

00:08:45.000 It may be 0.2 seconds.

00:08:46.000 Donald Trump intends to do the thing that is right in front of him, and then as soon as it is not in front of him, he no longer intends to do it, which is why he shifts political positions pretty easily, and he will attack a person who he was best friends with five seconds ago.

00:08:56.000 So proving willful intent on the part of Trump in any of these cases is very, very difficult, like just as a prosecutorial matter.

00:09:04.000 But, as McCarthy says, this seems like an obvious effort to distinguish Trump's alleged crime from President Biden's mishandling of classified documents, which the White House and the media-democratic complex have described as inadvertent, the result of sloppy staff work, not willfulness.

00:09:17.000 What intrigues me about the allegation is that it takes too to detangle when it comes to the obstruction of justice charge, because they're charging him not with just obstruction, but conspiracy to obstruct justice, which means there has to be more than one person who obstructed justice, right?

00:09:28.000 Conspiracy by its very nature requires more than one person.

00:09:31.000 Unclear, because we don't have the indictment in front of us.

00:09:33.000 What exactly is in the charges?

00:09:35.000 Again, we are only operating off of the leaked info at this point, which could turn out to be largely true, or it could turn out to be that there's more evidence than stated.

00:09:42.000 However, I will say that in the past, whenever we have said, well, maybe there'll be more evidence to come, It seems like it doesn't generally happen.

00:09:50.000 The Mueller report was like, oh my gosh, the other shoe is going to drop.

00:09:52.000 And it turns out there were no shoes to drop.

00:09:55.000 Seal dossier.

00:09:56.000 Oh, maybe there's other shoes.

00:09:57.000 Nope, nope, there are no shoes.

00:09:59.000 Alvin Bragg in Manhattan.

00:10:00.000 Maybe he has lots of... Nope, there are no shoes.

00:10:02.000 Fresh out of shoes.

00:10:04.000 Trump is also said to be charged, according to Andy McCarthy, with making false statements.

00:10:08.000 One theory the special counsel appears to be pressing is that Trump is responsible for a false sworn statement his lawyers conveyed to the FBI on June 3rd, 2022.

00:10:15.000 At that time, the lawyers represented that a thorough search of Mar-a-Lago had been conducted already, and that the 38 documents bearing classification markings that they were surrendering were the only ones in Trump's possession.

00:10:24.000 After that point, the government continued to investigate and developed evidence that Trump was still hoarding documents that were marked classified.

00:10:29.000 As a result, prosecutors sought and obtained that search warrant that we talked about, and that is when they raided Mar-a-Lago in August of 2022.

00:10:36.000 Under the federal aiding and abetting statute, a principal is responsible for the criminal acts of his agents, including false statements.

00:10:40.000 If he told his lawyers, go lie to the FBI about the classified documents, tell them we turned everything over, even if we didn't, then Theoretically, he could be charged with that, right?

00:10:49.000 That is one of the things that they're talking about charging him with.

00:10:51.000 Now, it is also unclear whether the documents that were found were quote-unquote marked classified or maybe he thought he had already declassified them.

00:10:59.000 It's unclear.

00:11:00.000 Trump has said before that by the very nature of me taking them home, they were declassified.

00:11:04.000 Now, again, on a legal level, is that enough?

00:11:07.000 Is it sort of like Michael Scott running into the middle of the office and shouting, I declare bankruptcy!

00:11:11.000 And bankruptcy has been declared.

00:11:12.000 Is that how you declassify things?

00:11:13.000 Typically not.

00:11:14.000 But that has to be litigated out, presumably.

00:11:17.000 Most interesting are reports that Trump is charged with willfully retaining national defense information.

00:11:21.000 We can't be sure until we've seen the indictments, says Andy McCarthy.

00:11:23.000 This appears to refer to subsection D of the Espionage Act.

00:11:26.000 In pertinent part, that section says, quote, whoever lawfully having possession of access to control over or being entrusted with any document relating to the national defense or information relating to the national defense, which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully retains the same.

00:11:43.000 And fails to deliver it on demand to the officer or employee of the United States entitled to receive it, is guilty of a crime punishable by up to 10 years imprisonment.

00:11:51.000 Subsection D sets forth a more serious offense than the provision that usually applies to government officials who mishandle classified information.

00:11:59.000 The problem, of course, is that subsection F, which is one of the other subsections that they are considering, which is substantially broader and easier to convict, would also convict President Biden.

00:12:09.000 As McCarthy says, the strategy of the Biden administration and its special counsel seems to be one, alleged Trump committed a willful offense that puts him in a different, more egregious category from Biden's conduct, and two, pretend in connection with Biden that it is not a felony for government officials to be grossly negligent in mishandling classified information.

00:12:25.000 Now, again, the line between grossly negligent in mishandling classified information and, like, full-scale willful in mishandling classified information, that's a really dicey line, as we're going to talk about when we get to Hillary Clinton and the fact that these cases are very, very comparable.

00:12:38.000 Hillary Clinton was overtly not prosecuted in 2016 by the Comey FBI and the Eric Holder DOJ, or the Loretta Lynch DOJ at the time.

00:12:49.000 And yet, Trump is now apparently being prosecuted.

00:12:52.000 Trump, for his part, has released a statement.

00:12:54.000 He says, the corrupt Biden administration has informed my attorneys I've been indicted,

00:12:57.000 seemingly over the boxes hoax, even though Joe Biden has 1850 boxes at the University of Delaware,

00:13:02.000 additional boxes in Chinatown, D.C., with even more boxes at the University of Pennsylvania,

00:13:05.000 and documents strewn all over his garage floor where he parks his Corvette,

00:13:08.000 and which is secured only by a garage door that is paper thin and open much of the time.

00:13:12.000 I've been summoned to appear at the federal courthouse in Miami Tuesday, 3 p.m.

00:13:15.000 I never thought it could be possible that such a thing could happen to a former president of the United States, who received far more votes than any sitting president in the history of our country, and is currently leading by far all candidates, both Democrat and Republican, in the polls of the 2024 presidential election.

00:13:27.000 I am an innocent man.

00:13:28.000 All capital letters.

00:13:30.000 Elon Musk, for his part, responded immediately to this, saying, Well, yeah, I mean, that is the understatement of the century.

00:13:43.000 So we'll get to President Trump's video statement in just a second.

00:13:45.000 We'll compare this to Hillary Clinton's case, which, again, the notion that the DOJ is operating on the basis of some sort of objective determination of the law here is pretty absurd.

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00:15:00.000 Okay, so, President Trump then responded on video, and here is what he said.

00:15:07.000 We were doing so well.

00:15:08.000 We were respected all over the world.

00:15:10.000 Got the biggest tax cuts in history.

00:15:11.000 Biggest regulation cuts in history.

00:15:14.000 And what do you do?

00:15:16.000 You have a president where an election was taken.

00:15:21.000 Got more votes than any sitting president in history by far.

00:15:25.000 Never anything even close.

00:15:28.000 And they come after me.

00:15:30.000 Cause now we're leading in the polls again by a lot against Biden and against the Republicans by a lot, but we're leading against Biden by a lot, a tremendous amount.

00:15:40.000 And we went up to a level that they figured the way they're going to stop us is by using what's called warfare.

00:15:46.000 And that's what it is.

00:15:47.000 This is warfare for the law and we can't let it happen.

00:15:51.000 We can't let it happen.

00:15:52.000 Our country is going to hell and they come after. 0.99

00:15:58.000 Donald Trump weaponizing the Justice Department, weaponizing the FBI.

00:16:04.000 We can't let this continue to go on because it's ripping our country to shreds.

00:16:10.000 He's not wrong about this.

00:16:12.000 He is not.

00:16:13.000 The fact that we have had a long history in this country of not prosecuting the party of the president of the former party when he was in when he's not in power anymore.

00:16:22.000 That's a good thing.

00:16:23.000 And if you look at countries where people are routinely prosecuted after leaving office, these are not really great places to live. 0.99

00:16:28.000 And Joe Biden, he better get his ass ready, because here's the reality. 0.96

00:16:31.000 Now that this glass has been broken, this is going to be the rule from here on out. 0.99

00:16:35.000 Joe Biden will end up being prosecuted after he leaves office by Republican DAs somewhere if this sort of stuff continues.

00:16:42.000 It's really bad.

00:16:43.000 It truly is.

00:16:45.000 Now, Trump basically has two backup cases.

00:16:48.000 His defense is going to rely on a couple of things.

00:16:50.000 Defense number one is going to be, I actually declassified everything, right?

00:16:53.000 You've heard him say this before.

00:16:54.000 I declassified and the power to declassify.

00:16:56.000 Okay, now, that's a pretty weak case in the first place.

00:16:59.000 Apparently, that's been blown up CNN has apparently obtained a transcript of an audio recording in which Trump acknowledged on tape in a 2020-21 meeting that he had retained, quote-unquote, secret military information that he had not declassified.

00:17:10.000 Apparently, according to the transcript, Trump says, quote, as president, I could have declassified, but now I can't.

00:17:16.000 And he's waving around a document supposedly in this tape.

00:17:18.000 Now, again, it's CNN.

00:17:19.000 It's anonymous sources.

00:17:20.000 You have to take everything, not just with a grain of salt, but with a giant block of salt, like an iceberg-sized block of salt.

00:17:26.000 But if that's the case, it kind of blows up the idea That Trump summarily declassified everything simply by taking it home.

00:17:33.000 The transcript of the audio recording suggests that Trump is showing the document he's discussing to those in the room.

00:17:37.000 Several sources have told CNN the recording captures the sound of paper rustling.

00:17:41.000 And he apparently says, secret, this is secret information.

00:17:43.000 Look, look at this.

00:17:44.000 This was done by the military and given to me.

00:17:46.000 Apparently he was complaining in the meeting about the chairman of the Joint Chiefs of Staff, General Mark Milley.

00:17:51.000 He says, well, with Milley, let me see.

00:17:52.000 I'll show you an example.

00:17:53.000 He said, I wanted to attack Iran.

00:17:54.000 Isn't that amazing?

00:17:55.000 I have a big pile of papers.

00:17:56.000 This thing just came up.

00:17:57.000 Look, this was him.

00:17:58.000 They presented me this.

00:17:59.000 This is off the record, but they presented me this.

00:18:00.000 This was him.

00:18:01.000 This was the Department of Defense and him.

00:18:02.000 We looked at some.

00:18:03.000 This was him.

00:18:03.000 It wasn't done by me.

00:18:04.000 It was him.

00:18:06.000 And then he says, wait a minute, let's see here.

00:18:07.000 I just found, isn't that amazing?

00:18:08.000 This totally wins my case, you know, except it is like highly confidential, secret.

00:18:12.000 This is secret information.

00:18:13.000 Look, look at this.

00:18:15.000 And then he says, I could have declassified it while I was president, but I didn't.

00:18:17.000 So the argument that he was making all along that he declassified this stuff, not true.

00:18:21.000 But is that his real defense?

00:18:23.000 Is his real defense that it was declassified or is the defense basically, listen, this is differential prosecution.

00:18:28.000 We can all tell this is differential prosecution.

00:18:30.000 Everyone can see this is differential prosecution.

00:18:33.000 I mean, let's be real about this.

00:18:35.000 Again, Hillary Clinton stored thousands of documents, like tens of thousands of documents, on a private server in her home while she was Secretary of State. 0.71

00:18:45.000 Many of those documents were classified.

00:18:47.000 Those documents were then bleach-bitted from her server.

00:18:51.000 She used a code called bleach-bit in order to wipe them from her server when she realized that this might fall under investigation.

00:18:57.000 And then those classified emails turned up.

00:18:59.000 Not in her home.

00:19:00.000 They turned up on the computer of Anthony Weiner, the husband, the pervert husband of her aide, Huma Abedin.

00:19:07.000 Which is why, of course, we have this bizarre two-step wherein James Comey originally announced he was not going to prosecute her, and then right before the election, he was like, oh, by the way, we just found a bunch of classified emails, so we're not sure what that means.

00:19:17.000 And then a few days later, he said, well, it's probably okay.

00:19:20.000 You remember this.

00:19:21.000 Here was James Comey circa 2016 announcing why he was not going to prosecute Hillary Clinton.

00:19:25.000 And listen to the language he uses.

00:19:27.000 Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.

00:19:39.000 Prosecutors necessarily weigh a number of factors before deciding whether to bring charges.

00:19:44.000 There are obvious considerations, like the strength of the evidence, especially regarding intent.

00:19:49.000 Responsible decisions also consider the context of a person's actions and how similar situations have been handled in the past.

00:19:58.000 Oh, how similar situations have been handled in the past.

00:20:01.000 And he says, sure, there's evidence of potential violations of the statutes regarding how Hillary actually handled the documents. 0.99

00:20:05.000 In fact, Comey admitted in that presser, he said that there is a high likelihood that foreign eyes ended up on classified material because of Hillary Clinton.

00:20:12.000 Is there a high likelihood that foreign materials ended up being seen by the Chinese or Russians because Donald Trump hid this stuff in like a closet at Mar-a-Lago?

00:20:20.000 Is that a high likelihood?

00:20:21.000 How exactly would you stack up the treatment of classified materials by Trump as opposed to by Hillary Clinton, where she specifically was not indicted by James Comey and the same people who are spending millions of dollars and thousands of man hours investigating nonsense like the Steele dossier going after Trump?

00:20:36.000 If it seems like animus, that's because it is animus.

00:20:40.000 In a second, we'll get to the fact that Joe Biden is still in the middle of an ongoing investigation with regard to classified documents.

00:20:45.000 First, my team knows I need to have my Black Rifle coffee every morning.

00:20:48.000 It's particularly true since we had our fourth child.

00:20:51.000 He is a wonderful baby and he is very, very bad at the sleeping.

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00:21:02.000 Black Rifle coffee literally fuels The Daily Wire and the show.

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00:21:58.000 is America's coffee. Okay, so here again is the thing.

00:22:01.000 When it comes to Hillary Clinton, Hillary, like, deliberately wiped her server. 1.00

00:22:05.000 Now, if you're talking about covering up obstruction of justice, preventing the knowledge by law enforcement that you are covering up classified material, Hillary Clinton did all that, and Trey Gowdy said as much.

00:22:17.000 Back in 2016, August of 2016, Trey Gowdy said that Hillary Clinton used a special tool called BleachBit to prevent recovery of files.

00:22:28.000 He said she and her lawyers had those emails deleted.

00:22:30.000 They didn't just push the delete button, they had them deleted where even God can't read them.

00:22:33.000 They used something called BleachBit.

00:22:34.000 You don't use BleachBit for yoga emails or bridesmaids emails.

00:22:37.000 When you're using BleachBit, it's something you really don't want the world to see.

00:22:40.000 That obviously is true.

00:22:41.000 Meanwhile, there is still an investigation into Joe Biden keeping thousands of classified documents apparently all over the place.

00:22:47.000 Joe Biden leaves classified documents around the nation like Hunter Biden leaves illegitimate children.

00:22:53.000 Classified material next to your Corvette?

00:22:55.000 these documents lying around in his garage next to his Corvette and

00:22:58.000 then pretends that he handled this right.

00:23:00.000 You'll recall just a few months ago, when Joe Biden was defending his handling of

00:23:04.000 classified documents, well, I did keep them in a locked garage.

00:23:06.000 Okay, I'm going to need an explanation as to why your locked garage in Wilmington,

00:23:10.000 Delaware is significantly safer than Donald Trump's locked closet at Mar-a-Lago.

00:23:13.000 Classified material next to your Corvette, what were you thinking?

00:23:19.000 Let me, I'm going to get a chance to speak on all this, God willing, soon.

00:23:25.000 But as I said earlier this week, people, and by the way, my Corvette's in a locked garage.

00:23:30.000 Okay?

00:23:30.000 So it's not like you're sitting out in the street.

00:23:32.000 But at any rate, yes, as well as my Corvette.

00:23:39.000 Oh, well, that obviously is a great defense there by Joe Biden.

00:23:42.000 By the way, the case is still ongoing.

00:23:44.000 According to NBC News, the federal investigation into President Joe Biden's handling of classified documents shows few signs of an imminent conclusion, even as the probes into former VP Mike Pence and former President Donald Trump have reached or appear to be reaching the end, according to three people familiar with the matter.

00:23:58.000 Biden's advisors have determined he would provide an interview to the special counsel investigating his handling of the classified documents once Biden's legal team and the DOJ agree on the conditions.

00:24:06.000 But Biden has yet to be interviewed, suggesting that the investigation is not yet nearing a close.

00:24:11.000 Interviewing the person at the center of an investigation is typically among the final actions before a probe is completed.

00:24:16.000 A spokesperson for Biden's personal attorney, Bob Bauer, declined to comment at this point. 0.93

00:24:21.000 So, again, Joe Biden was hiding documents, or at least he had these documents that were all over the damn place. 0.54

00:24:28.000 So, is Donald Trump being prosecuted on the basis of doing something extraordinary? 0.56

00:24:34.000 Like, extraordinarily different from Hillary Clinton, for example?

00:24:36.000 The answer, of course, is no.

00:24:38.000 He's doing something very similar to what Hillary Clinton did, it sounds like, except he didn't actually wipe the documents.

00:24:42.000 The way that Hillary Clinton did. 1.00

00:24:44.000 And he is a presidential candidate, the same way that Hillary Clinton was a presidential candidate.

00:24:47.000 And they decided they didn't want to intervene with Hillary because she was a presidential candidate, but they are perfectly willing to intervene with Donald Trump.

00:24:53.000 Now, politically speaking, does it help Trump?

00:24:55.000 Every time Trump is targeted, it helps Trump.

00:24:56.000 In a Republican primary.

00:24:58.000 Now again, two things can be true at once.

00:25:00.000 One, Trump is being unfairly targeted.

00:25:02.000 This is a malign use of law enforcement.

00:25:04.000 There is no way in hell that they would be doing this if Donald Trump were a Democrat.

00:25:07.000 Just no way in hell, and we all know it.

00:25:10.000 And that's perverse.

00:25:11.000 And it undermines the credibility of law enforcement, the DOJ, the FBI.

00:25:15.000 These institutions are at low ebb in terms of credibility among Americans.

00:25:18.000 And there is a reason for this.

00:25:20.000 It's incredibly dangerous what they're doing right here.

00:25:21.000 They've now broken the glass.

00:25:23.000 The Manhattan DA broke it on the state level.

00:25:25.000 Breaking it on the federal level is a completely different ball of wax.

00:25:27.000 Breaking it on the state level is bad enough, but there are lots of states with various political opinions, and so, you know, you take it always with like, eh, you know, okay fine, so Alvin Bragg's a Democrat and he's prosecuting Trump in New York, whatever.

00:25:38.000 When the federal government does it, and the federal government can reach you in your home, and the Manhattan D.A.

00:25:42.000 can't reach you in Alabama, really.

00:25:45.000 Manhattan D.A.

00:25:46.000 What's he going to do?

00:25:47.000 Come to Alabama and grab you? 1.00

00:25:48.000 Theoretically, he could try to extradite you or something, but let's be real about this.

00:25:52.000 We all understand what a politically motivated prosecution by a liberal prosecutor looks like in Manhattan.

00:25:57.000 That is not the same thing as an institution that requires all... I don't have a lot of trust in the New York government, but you have to have a certain baseline level of trust in the American government since you pay taxes to it and you are subject to its legal requirements on a day-to-day level.

00:26:10.000 When the DOJ and the FBI are obviously weaponizing themselves against Trump in this way, it's a serious problem for American democracy.

00:26:17.000 And that means that Republicans are rushing to Trump's defense.

00:26:21.000 And they should rush to Trump's defense on this, because obviously this is weaponization against Trump.

00:26:26.000 To turn that, however, into a referendum on his electability is, you know, another question.

00:26:30.000 And what I'm seeing right now is a conflation on the right side of the aisle between, well, we're really pissed about this, which means we should nominate him.

00:26:35.000 Well, I mean, really pissed about it, yes.

00:26:38.000 We should nominate him.

00:26:39.000 You might want to think about whether independents are more likely to vote for him because he was just indicted by the DOJ.

00:26:44.000 Is that something that is more likely to win him the election?

00:26:46.000 I'm seeing a lot of analysis today from people on the right, like, well, this is going to drive him back to the presidency.

00:26:50.000 Well, no, it's going to drive him back to the Republican nomination, but the chances that it's going to flip, like, Five, six, seven million voters back to Trump because the DOJ is going after him on the classified documents matter ignores all of the polling data showing that independents by and large are fine with the prosecution, not because they care about the prosecution per se, because they don't like Trump very much.

00:27:09.000 That is a problem.

00:27:09.000 So two things can be true at once.

00:27:11.000 One, we should all defend Trump on a legal level.

00:27:13.000 We should all say that what the DOJ is doing is gross abuse of power because it clearly is.

00:27:19.000 What the FBI is doing here is gross abuse of power because it clearly is.

00:27:24.000 And then we should seek to elect a person who's going to clean that out.

00:27:27.000 And to elect that person, they have to win.

00:27:29.000 And so the question becomes, who is most likely to win?

00:27:32.000 Again, just because your passion is up for Trump, I get it.

00:27:34.000 My passion is up for Trump, too.

00:27:36.000 I get the emotional appeal.

00:27:37.000 Does that mean that Trump is likely to win a general election?

00:27:40.000 More likely now than he was yesterday?

00:27:41.000 I don't really see the reason why.

00:27:43.000 Again, I think this notion that the American public is going to react in absolute outrage against Joe Biden, and therefore going to throw Biden out of office in favor of Trump, I think we're a very polarized political climate here in the United States, and independents don't really like either of those people, but by polling data, they actually have more of a problem with Trump than they do with Biden at this point.

00:28:00.000 And so unless that radically shifts, that is something that Republican voters should take into their calculation when it comes to voting.

00:28:06.000 for the Republican nominee. 0.99

00:28:08.000 But again, that's a separate question than the really deeper issue here, which is, this is banana republic kind of crap. 0.99

00:28:12.000 I mean, it really is. 0.99

00:28:14.000 The DOJ going after Trump for precisely the thing Hillary Clinton did is supremely corrupt. 0.91

00:28:19.000 Really corrupt.

00:28:19.000 Now, it's so corrupt that Joe Biden actually yesterday had to disavow having any involvement.

00:28:24.000 He said, I never suggested what the DOJ should do.

00:28:26.000 Well, nobody said that you suggested what the DOJ should do, but it's your attorney general, Merrick Garland, who's presiding over all of this, and Jack Smith, his appointed special counsel, Because you notice, I have never once, not one single time, suggested to the Justice Department what they should do or not do, whether to bring in a charge or not bring in a charge.

00:28:47.000 I'm honest.

00:28:50.000 Oh, he's honest, guys.

00:28:51.000 He assures you that he's honest.

00:28:53.000 Now, let's talk about Joe Biden's honesty.

00:28:55.000 The same day this indictment came down for Trump, there are now pretty significant accusations that Joe Biden was actually paid bribe money by a Burisma executive as part of a bribery scheme, according to an FBI document.

00:29:06.000 Fox News is now reporting that Biden was allegedly paid $5 million by an executive of Ukrainian natural gas firm Burisma Holdings, where his son Hunter sat on the board, a confidential human source told the FBI during a June 2020 interview, according to sources familiar.

00:29:19.000 The sources brief Fox News Digital on the contents of the FBI-generated FD1023 form alleging a criminal bribery scheme between then-VP Joe Biden and a foreign national that involves influence over U.S.

00:29:28.000 policy decisions.

00:29:30.000 That form, dated June 30th, 2020, is the FBI's interview with a highly credible confidential source who detailed multiple meetings and conversations he or she had with a top Burisma executive over the course of several years starting in 2015.

00:29:42.000 Fox News Digital has not seen the form.

00:29:43.000 It was described by several sources who are aware of its contents.

00:29:45.000 An FD1023 is a form used by FBI agents to record unverified reporting from confidential human sources.

00:29:51.000 So it's good enough for the sealed dossier, obviously.

00:29:53.000 The form is used to document information as told to an FBI agent.

00:29:56.000 That doesn't mean that it's been validated or that it's been fully weighed at this point, but The accusation in the FD23 says that the Burisma executive discussed Hunter Biden's role on the board.

00:30:06.000 You'll remember that Hunter Biden was being paid an extraordinary amount of money, like $50,000 a month or something, in order to be a consultant for Burisma, given Hunter Biden's extensive expertise in natural gas and Ukraine.

00:30:18.000 That's a joke.

00:30:19.000 He has no expertise in either of those things. 0.96

00:30:20.000 He has expertise in crack cocaine and nailing hookers. 0.87

00:30:24.000 That is his actual area of expertise, Hunter Biden. 0.72

00:30:27.000 But, Apparently that was good enough to get on the Burisma board.

00:30:31.000 Why?

00:30:31.000 Well, because Daddy was the VP at the time.

00:30:33.000 And there have been accusations going on.

00:30:35.000 I mean, this is what underlay, you'll recall, the first impeachment of President Trump.

00:30:39.000 President Trump went to Vladimir Zelensky, the head of Ukraine.

00:30:43.000 This is well before the Russian invasion, obviously.

00:30:44.000 And he asked him, essentially, to look into accusations that Burisma was attempting a payoff to Joe Biden.

00:30:53.000 And that in return for the payoff, Joe Biden was going to fire some prosecutor who was looking at Burisma, or pressure a prosecutor to be fired in Ukraine who was looking into Burisma.

00:31:02.000 That's been the long-standing accusation against Joe Biden.

00:31:06.000 The Confidential Human Source questioned why the Burisma executive needed his or her advice in acquiring access to U.S.

00:31:10.000 oil if he had Hunter Biden on the board. 0.98

00:31:12.000 The Burisma executive answered by referring to Hunter Biden as dumb. 0.72

00:31:16.000 Well, I mean, so far we know that 1023 is accurate. 0.99

00:31:18.000 Hunter Biden is one of the stupider humans walking the earth at this point, despite apparently his massive artistic talent. 0.98

00:31:24.000 For money laundering, perhaps. 0.98

00:31:26.000 The Burisma executive explained to the Confidential Source that Burisma, quote, had to pay the Bidens because Ukrainian prosecutor Viktor Shokin was investigating Burisma and explained how difficult it would be to enter the U.S.

00:31:34.000 market in the midst of that investigation.

00:31:36.000 The Confidential Source further detailed the conversation, suggesting to the Burisma executive that he pay the Bidens 50 grand each, to which the Burisma executive replied, it's not 50 grand, it's $5 million.

00:31:45.000 $5 million for one Biden, $5 million for the other Biden.

00:31:49.000 Apparently, the document makes reference to the big guy, which is said to be a reference to Joe Biden.

00:31:53.000 Burisma executive told the confidential source he didn't, quote, pay the big guy directly.

00:31:57.000 Now, you'll recall that language is highly reminiscent of language that was used in documents between Hunter Biden and Chinese investors talking about the split of money to the big guy in another investment.

00:32:08.000 And the question always was, who was the big guy?

00:32:10.000 Is that big guy Joe Biden?

00:32:13.000 You'll recall that, also, Joe Biden openly bragged about getting Viktor Shokin fired.

00:32:18.000 At the time Shokin was investigating Burisma, Hunter had a highly lucrative role on the board.

00:32:22.000 The then-VP threatened to withhold a billion dollars of critical U.S.

00:32:24.000 aid if Shokin was not fired.

00:32:26.000 Remember, Donald Trump was impeached for attaching, supposedly attaching strings to Ukrainian aid based on their investigation of Burisma, and now it appears that Joe Biden, according to his allegations, basically did the same thing but was taking actual bribery money in coordination with it.

00:32:42.000 So, will this be real?

00:32:44.000 Will it end up being real?

00:32:46.000 Unclear at this point, but those allegations are now out there openly in the public.

00:32:50.000 Representative Byron Donalds, who has actually seen the document, he's a Republican from Florida, he says money was being moved through accounts to get to Joe Biden.

00:32:57.000 This document also stipulates that, according to the confidential human source, that money was being moved through several accounts, multiple accounts, to get to Joe Biden.

00:33:12.000 I'm going to say it again.

00:33:13.000 Money was moved on purpose through multiple accounts to get to Joe Biden.

00:33:21.000 Well, if that's true, then that guy's going to get impeached.

00:33:25.000 Representative Marjorie Taylor Greene has seen the same document.

00:33:27.000 She makes similar accusations.

00:33:30.000 Back in 2015, 2016, Burisma was looking to buy a US-based oil and gas company.

00:33:38.000 And this came from being advised by Hunter Biden and his partners.

00:33:44.000 Biden had told, Biden said Shoken, Was corrupt.

00:33:49.000 That was around the time of this meeting was when Joe Biden as vice president had said that the prosecutor Shogun was corrupt.

00:33:57.000 They hired Hunter on the board to make the problems go away.

00:34:02.000 That's what they specifically said. 1.00

00:34:03.000 The owner of Burisma said that Hunter was stupid and that his other business partner was smart. 1.00

00:34:12.000 He also said that he paid 5 million to one Biden. 1.00

00:34:17.000 And he paid $5 million to another Biden.

00:34:21.000 And it was all a bribery to get Shoken fired and end the investigation into Burisma.

00:34:30.000 Now, that is what the Ukrainian source apparently said.

00:34:34.000 Fox News has another report from one of its reporters saying that the document doesn't actually say that Biden received any money.

00:34:39.000 They just tried to pay the money.

00:34:40.000 So it's unclear whether the money was actually received or how it was actually passed.

00:34:44.000 Joe Biden was asked about this and he's like, well, I'm not going to answer any questions except to just say, where's the money?

00:34:50.000 So here's Fox News reporting that the money, the document doesn't suggest that it actually passed hands or anything.

00:34:55.000 Here's Fox News.

00:34:57.000 Members of the House Oversight Committee were able to view the FBI 1023 document.

00:35:02.000 Republicans contend the document points to a legal problem for the president.

00:35:08.000 There is no doubt in my mind that Joe Biden is guilty of bribery, 100%.

00:35:13.000 I mean, there was two separate transactions, one that went to Joe Biden for $5 million and one that went to Hunter Biden for $5 million.

00:35:19.000 So, I mean, if that's not grounds for criminal activity, I don't know what is.

00:35:25.000 About a dozen GOP members viewed the document in a classified setting at the Capitol, but a source familiar with the document tells Fox, quote, the document does not say Joe Biden received any payments.

00:35:39.000 That was Biden's response as well.

00:35:40.000 He says, where's the money?

00:35:42.000 Here he was responding.

00:35:44.000 Congresswoman Nancy May says there's damning evidence in that FBI file that you sold out the country.

00:35:48.000 Do you have a response to congressional Republicans?

00:35:51.000 Where's the money?

00:35:56.000 I'm joking.

00:35:59.000 Weird response, dude.

00:36:00.000 Where's the money?

00:36:02.000 That is a weird response.

00:36:04.000 Normally, when somebody accuses me of bribery, I get pissed because it's not true.

00:36:07.000 I don't go like, where's the money?

00:36:09.000 I mean, maybe the money is in all of those houses you now own and your massive income.

00:36:13.000 Or maybe you specifically structured many, many companies, which is the allegation, in order to pass the money.

00:36:18.000 I mean, I assume that we will find out.

00:36:19.000 Will we not?

00:36:20.000 In just one second.

00:36:22.000 We'll get to Joe Biden's attempt to push forward radical policy in the middle of a corruption investigation into him first.

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00:36:38.000 So, you know, every time we've purchased a house, one of the big things for me is natural light.

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00:37:31.000 Also, folks, it's not too late to show your appreciation and gratitude for your dad, making the bold choice to remain, you know, your dad and not your mom.

00:37:39.000 I know things are weird these days, but If you want to thank Dad for that, then I have quite the gift for you.

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00:38:08.000 Also, this Sunday, we have another Sunday special starring James Lindsay.

00:38:11.000 James Lindsay is, of course, the anti-woke warrior, originally responsible for a series of fake papers that were placed in a bunch of peer-reviewed publications about fat-positive bodybuilding and whether dog park culture was rapey.

00:38:25.000 Well, then James went on to expose pretty much all of academia in a series of books.

00:38:30.000 He's now exposing the Marxification of American education.

00:38:32.000 It's a fascinating episode of the Sunday special.

00:38:34.000 Here's a little bit of what it sounds like.

00:38:37.000 Critical theory is not a bunch of ideas.

00:38:38.000 It is a cult.

00:38:41.000 Critical pedagogy is cult indoctrination.

00:38:43.000 There's no other way to see it.

00:38:45.000 We're worried about K-12.

00:38:46.000 This is a very different situation.

00:38:48.000 These are children.

00:38:50.000 Children do not think the same way as adults.

00:38:52.000 You may forget that when you get older, but they don't.

00:38:54.000 They have an authority figure telling them these things.

00:38:57.000 We're not operating in a field of open debate.

00:39:01.000 The marketplace of ideas doesn't exist for seven-year-olds.

00:39:04.000 It just doesn't.

00:39:08.000 Go check it out on Sunday.

00:39:10.000 It will be available.

00:39:11.000 Go to dailywire.com slash subscribe to see the whole thing.

00:39:15.000 You'll also be able to listen to it over at our normal feed.

00:39:18.000 Well, meanwhile, there are new polls showing that social conservatism is at an all time high.

00:39:21.000 That, of course, is because the left has pushed far too fast and far too hard on the LGBTQ plus minus divided by sign radical gender agenda. 0.69

00:39:29.000 Social conservatism in the United States is now at the highest level that it has been since 2012.

00:39:36.000 So social conservatism is actually on the rise, a very significant rise.

00:39:40.000 In 2021, only about 30% of Americans said that they were socially conservative.

00:39:46.000 That number is now up to 38%, which is a very statistically significant increase.

00:39:51.000 I wonder why. 0.88

00:39:52.000 Could it be that you guys have pushed too far and you're crazy?

00:39:56.000 In fact, there is a new poll from Axios that surveyed people of different religions, share of U.S.

00:40:02.000 adults who say they would be comfortable learning that a friend uses gender-neutral pronouns by select religion.

00:40:06.000 So first of all, let me point out, there's not a single religious denomination in America where a majority of people say they would be comfortable learning that a friend is using gender-neutral pronouns.

00:40:15.000 Not one.

00:40:16.000 But it does vary widely according to religion.

00:40:18.000 The people who are apparently most okay with a friend using gender-neutral pronouns are people who say they are Jewish.

00:40:24.000 I find this particularly galling because whenever there's a poll of quote-unquote Jewish people, what they mean are people who are ethnically Jewish but have never been inside a synagogue or attend once a year so they can hear a guitar and see a pride progress flag and then leave for brunch on Yom Kippur.

00:40:39.000 If you survey Orthodox Jews, they're going to be the most conservative of any of these groups.

00:40:42.000 It's going to be 0%, 2%, 3%, right?

00:40:43.000 Very, very small numbers.

00:40:47.000 Other religious denominations, only 20% of white evangelical Protestants say they'd be comfortable learning a friend uses gender-neutral pronouns.

00:40:53.000 Only 26% of Hispanic Protestants overall say they'd be comfortable with this.

00:40:57.000 Only 35% of black Protestants say they would be comfortable with this.

00:41:00.000 Only 34% of Hispanic Catholics say they would be comfortable with this.

00:41:05.000 And the left pushed too far, too fast on all of this stuff.

00:41:08.000 And they're going to continue pushing, and the backlash is going to come.

00:41:10.000 By the way, it's going to completely undermine us, not just in terms of domestic comedy, but also in terms of foreign policy. 1.00

00:41:15.000 The dumbest tweet maybe I have ever seen came courtesy of the morons at the social media team of the CIA. 0.99

00:41:20.000 Remember, the CIA, they're just supposed to be, according to the TVs, the all-powerful, all-knowing geniuses who keep us safe. 1.00

00:41:27.000 They put out a tweet. 1.00

00:41:29.000 It's hard to describe how stupid this tweet is. 1.00

00:41:31.000 It's a picture of the CIA headquarters, and it has the word, it's colored rainbow, 1.00

00:41:35.000 and it says pride, but the I in pride is then used as sort of a crossword puzzle, CIA.

00:41:42.000 So CIA is vertical and pride is horizontal here.

00:41:46.000 Okay, because the CIA is all about pride.

00:41:49.000 CIA's 2020 theme for Pride Month.

00:41:50.000 First of all, they have themes for Pride Month.

00:41:52.000 I thought that was the theme.

00:41:53.000 But apparently they have, like, special themes.

00:41:54.000 Is welcome me.

00:41:57.000 Oh my go- It's because the CIA is all about welcoming you.

00:42:00.000 To a black site where we torture- Is welcome me. 1.00

00:42:04.000 Nothing says individualism like the CIA.

00:42:06.000 It's where you come to express your gender identity, is the CIA. 0.74

00:42:10.000 It's where you come- Like, you're capturing terrorists and torturing them.

00:42:14.000 In sights in Morocco.

00:42:16.000 That's also a great place to express your gender identity. 0.68

00:42:20.000 What is their theme?

00:42:21.000 Wellness, equity, LGBTQ plus minus divided by sign, community, openness, me.

00:42:27.000 So first of all, I love that our culture celebrates me openly.

00:42:32.000 Like as in like the individual. 1.00

00:42:34.000 What a self-centered, narcissistic, idiotic culture and government we have. 0.99

00:42:38.000 Pride Month is an occasion for all of us at the agency to pay tribute to the rich history, community, and mission contributions of our LGBTQ plus minus divided by sign officers. 1.00

00:42:47.000 Ah, is it?

00:42:48.000 Yes, let's look into the history of this at the CIA.

00:42:53.000 It's been glorious, guys.

00:42:54.000 Gone amazing. 0.98

00:42:55.000 Also, is there a better way to undermine our ability to gather intelligence in lands abroad than pushing this crap? 0.99

00:43:02.000 Seriously. 0.99

00:43:03.000 Just wondering.

00:43:04.000 You want to get a Pakistani source, a confidential Pakistani source, to tell you about an upcoming terror attack or a plan to secure some sort of territory against the allies of the United States.

00:43:15.000 So you go to that Pakistani Muslim and you're like, here I am.

00:43:19.000 My name is Sam Britton.

00:43:23.000 And I work for the CIA.

00:43:25.000 And sure, I'm a dude wearing a dress.

00:43:26.000 Tell me all about your terrorist friend. 0.54

00:43:30.000 Again, this is all for domestic consumption. 1.00

00:43:31.000 The CIA doesn't promote this abroad, and if they did, it would completely undermine our ability to gather intelligence under all auspices, because that's how stupid we are. 0.99

00:43:38.000 This is not the CIA's job. 0.99

00:43:40.000 In fact, this isn't the government's job at all.

00:43:42.000 But, you know, our government doesn't know its job.

00:43:44.000 Our government is not even good at its job.

00:43:46.000 Our government's job is apparently to prosecute President Trump, like, full brunt of the law, and to promote Pride progress flags with the CIA abroad.

00:43:53.000 Man, we're in great shape over here.

00:43:55.000 Okay, in just one second.

00:43:57.000 We are going to get to a Supreme Court ruling that was a win for the left.

00:44:01.000 Because as it turns out, some of these justices are not, in fact, supremely on the right.

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00:45:08.000 the Supreme Court is good again, guys. This is how it works.

00:45:11.000 When the left gets a win, then the Supreme Court becomes good. When the left loses it,

00:45:14.000 the Supreme Court, then it's an evil right wing outlet filled with evil people. Well, the left 0.56

00:45:18.000 got a win when the Supreme Court ruled in favor of black Alabama voters in a defense of the Voting

00:45:23.000 Rights Act. 0.56

00:45:24.000 That's the way the AP puts it.

00:45:25.000 It's not a defense of the Voting Rights Act, essentially.

00:45:27.000 It is just a misreading of the Voting Rights Act.

00:45:30.000 So basically the case was that there was a congressional redistricting in Alabama.

00:45:34.000 And black voters in Alabama suggested there should have been two majority black districts in the state of Alabama as opposed to one.

00:45:41.000 Now, gerrymandering, how you draw these districts, it's really questionable.

00:45:45.000 It's very difficult to draw districts that are quote-unquote objectively fair.

00:45:48.000 Because after all, you have houses on the same street that are divided by like congressional lines.

00:45:53.000 And if you look at how New York tried to draw its maps, It kind of snaked around certain areas.

00:45:58.000 People have been making fun of the design of congressional districts for literally years.

00:46:01.000 And the corrective to that is that you elect different people to the state legislature and they shift the gerrymander.

00:46:05.000 This happens literally all the time.

00:46:07.000 In Alabama, there is no evidence that there was racial animus at work when the state of Alabama actually drew its lines.

00:46:14.000 And in fact, the only way to come to the conclusion that the state of Alabama did something illegal is to suggest that the proportion of a population Well, that's strange.

00:46:27.000 That's a weird case to make.

00:46:28.000 First of all, it's racially discriminatory because you're not supposed to divide people by race.

00:46:32.000 No one would ever make the argument that because about 30%, 35%, 40% of Californians vote for Republicans, 40% of all representatives from California have to be Republican.

00:46:42.000 Nobody's ever made that case.

00:46:43.000 Nobody's ever argued that the congressional representation from Massachusetts needs to represent the NRA members.

00:46:50.000 There are a few hundred thousand NRA members in Massachusetts.

00:46:54.000 Well, they have to have their own congressional seat.

00:46:55.000 No one actually thinks about congressional districts this way.

00:46:58.000 It's a simple game of political power.

00:47:00.000 It always has been.

00:47:02.000 Unless you are blatantly preventing people from voting, you are not in violation of the Voting Rights Act.

00:47:06.000 But, essentially, it was argued that because there was one congressional district that was majority black and there should have been two congressional districts that were majority black, then this must have been a violation of the Voting Rights Act.

00:47:16.000 And the Supreme Court decided in favor of that proposition, which is really weird and strange.

00:47:23.000 So the voting majority was John Roberts, of course, of course.

00:47:27.000 Again, I'm the only conservative in America who opposed John Roberts for the Supreme Court when he was first selected.

00:47:31.000 And Justice Brett Kavanaugh.

00:47:33.000 And again, I was very lukewarm on Kavanaugh.

00:47:37.000 Even before the left attacked him over... Honestly, once the left attacked him on bullcrap rape charges, it became clear that he had to be confirmed just to stop the left from winning on trumping up nonsense. 0.97

00:47:47.000 But I was never a big fan of Kavanaugh.

00:47:49.000 I never thought that Kavanaugh was going to be like the great shakes on the Supreme Court.

00:47:53.000 But both of them voted, along with the three members of the left, to overturn the gerrymandering in the state of Alabama.

00:48:00.000 The other four conservative justices dissented on Thursday.

00:48:04.000 Justice Clarence Thomas had a pretty brilliant dissent.

00:48:06.000 Again, I'm a huge Justice Thomas fan.

00:48:08.000 I think that Justice Thomas is the best justice on the Supreme Court, and he even was when Justice Scalia was alive.

00:48:12.000 He's the most consistent.

00:48:14.000 He's the person who's the most clear in his analysis.

00:48:18.000 So he says, In other words, they didn't stop black people from voting.

00:48:20.000 They didn't attempt to abridge black people from voting.

00:48:21.000 plan imposes or applies any voting qualification or prerequisite to voting

00:48:25.000 or standard practice or procedure that affects a denial or abridgment of the

00:48:28.000 right to vote on account of race or color. In other words, they didn't stop

00:48:31.000 black people from voting. They didn't attempt to abridge black people from voting.

00:48:34.000 Nor did they prove that Alabama's congressional districts are not equally

00:48:37.000 open to participation by black Alabamians. The plaintiffs did not even prove it's

00:48:40.000 possible to achieve two majority black districts without resorting to a racial

00:48:45.000 In other words, he's saying you actually have to purely gerrymander on the basis of race, which is illegal under the 14th Amendment.

00:48:52.000 In order to get to the conclusion the court came to here, that the Voting Rights Act requires two black congresspeople, essentially?

00:48:58.000 You actually have to look at race, which is illegal.

00:49:01.000 So if the Voting Rights Act means that you now have to look at the racial composition of a particular state and decide that a state that is 11% Hispanic has to have 11% majority Hispanic district, that's illegal.

00:49:11.000 You're not allowed to do that under the 14th Amendment.

00:49:13.000 It would make the Voting Rights Act illegal itself if that's the way you interpreted it.

00:49:18.000 The most they can be said to have shown is that sophisticated mapmakers can proportionally allocate Alabama's congressional districts based on race in a way that exceeds the federal judiciary's ability to recognize as a racial gerrymander with the naked eye, says Justice Thomas.

00:49:28.000 The district court held that this showing, plus racially polarized voting and its gestalt view of Alabama's racial climate, was enough to require the state's redistricting plan on the basis of race.

00:49:38.000 If that is the benchmark for vote dilution under Section 2 of the Voting Rights Act, Section 2 is nothing more than a racial entitlement to roughly proportional control of elected offices limited only by feasibility, wherever different racial groups consistently prefer different candidates.

00:49:50.000 If that is what Section 2 means, the Court should hold it's unconstitutional.

00:49:53.000 If that's not what it means, but Section 2 applies to districting, the Court should hold that vote dilution challenges require a race-neutral benchmark that bears no resemblance to unconstitutional racial registers.

00:50:02.000 In other words, you have to come up with another way of drawing districts that is not reliant on racial representation.

00:50:08.000 You have to say, for example, that this is specifically drawn to only maximize Republican districts at the expense of Democratic districts, right?

00:50:14.000 It's politically drawn and therefore prevents equal protection of the laws or some such.

00:50:20.000 But the attempt to draw this on racial lines actually violates the Constitution of the United States.

00:50:27.000 He cites a case that he wrote a dissent in back in back 29 years ago, quote, in my view, our current practice

00:50:34.000 should not continue, not for another term, not until the next case, not for another

00:50:37.000 day.

00:50:37.000 The disastrous implications of the policies we have adopted under the act are too

00:50:40.000 grave, that assembling in our approach to the act too damaging to the credibility of

00:50:43.000 the federal judiciary. The inherent tension, indeed, I'd call it an irreconcilable

00:50:47.000 conflict between the standards we have adopted for evaluating vote dilution claims

00:50:50.000 and the text of the Voting Rights Act would itself be sufficient in my view to warrant

00:50:54.000 the interpretation of Section 2 set out in another case called Gingell's.

00:50:57.000 When that obvious conflict is combined with the destructive effects our expansive reading

00:51:00.000 of the act has had in involving the federal judiciary in the project of dividing the nation

00:51:04.000 into racially segregated electoral districts, I can see no reasonable alternative to abandoning 0.83

00:51:08.000 our current unfortunate understanding of the act.

00:51:11.000 And of course, Justice Thomas is exactly correct about this.

00:51:13.000 The predictable result of all of this is that the congressional districts at issue will

00:51:19.000 be redrawn and a bunch of probable Republican districts end up in the Democratic line, or

00:51:24.000 at least end up as toss-ups.

00:51:26.000 And of course, Democrats are immediately claiming that it was because of the gerrymandering that Republicans won the congressional majority.

00:51:31.000 No, it's because Republicans won a majority of the vote in the last electoral cycle.

00:51:36.000 That is the reason.

00:51:37.000 It's not actually because of gerrymandering.

00:51:38.000 The amount of time that we spend in this country worrying about gerrymandering is wildly disproportionate to the amount of evil actually done by gerrymandering in the United States as a whole.

00:51:49.000 Any gerrymandering that's attempted in New York is generally cancelled out by gerrymandering in Alabama and vice versa.

00:51:54.000 Okay, time for a thing that I like.

00:51:58.000 Okay, so the thing that I like today is we are now finding out some facts about what exactly happened.

00:52:03.000 With regard to this Canadian fire.

00:52:07.000 So we were told that it was global warming.

00:52:09.000 Global warming is responsible for everything.

00:52:10.000 Global warming just lights fires in random places and generates enormous clouds of smoke that hover over New York City.

00:52:16.000 Well, now it turns out that probably it was arson.

00:52:19.000 According to the Toronto Sun, they've learned that Quebec police are investigating the possibility that the smoke creating poor air quality in southern Ontario and making downtown skylines disappear may have been the result of arson.

00:52:29.000 I'm gonna screw that name up.

00:52:30.000 suspect, said Certe de Quebec media officer Hugues Bielio.

00:52:34.000 I'm going to screw that name up.

00:52:36.000 This narrative has not made as many headlines.

00:52:38.000 It's polar opposite to what members of the left have been saying, which is, of course,

00:52:42.000 that it is all about climate change and climate crisis and all of the rest.

00:52:47.000 Prime Minister Justin Trudeau's close friend and former And now it turns out that some dude probably just set the fire on purpose.

00:52:51.000 because of the conditions in the forest.

00:52:53.000 The conditions are caused by climate change.

00:52:55.000 Well, actually, the conditions are caused by the fact that you didn't clear any of the brush.

00:52:59.000 And now it turns out that some dude probably just set the fire on purpose.

00:53:02.000 So, there is that, which we have seen before in places like California.

00:53:08.000 But again, never let the facts get in the way of a good story if you are on the left.

00:53:11.000 Alrighty guys, the rest of the show continues right now.

00:53:12.000 You're not going to want to miss it.

00:53:13.000 We'll be joined on the line by Jim Caviezel and Tim Ballard.

00:53:16.000 Tim spent more than a decade working as a special agent for DHS.

00:53:19.000 It was his job to police child sex tourism and stop it.

00:53:23.000 Jim plays him in a new movie called Sound of Freedom.

00:53:25.000 If you're not a member, become a member.

00:53:27.000 Use code Shapiro.

00:53:27.000 Check out for two months free on all annual plans.

The Ben Shapiro Show - June 09, 2023

BREAKING: TRUMP INDICTED…AGAIN!

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