The Ben Shapiro Show - Joe Biden Is Healing America's Soul By Calling You A Terrorist | Ep. 1566

00:00:00.000 Joe Biden plans his big unity speech directed at the soul of the nation.

00:00:04.000 The DOJ looks like it's preparing obstruction of justice charges against former President Donald Trump.

00:00:08.000 And Democrat electoral plans rely on acting offended.

00:00:11.000 I'm Ben Shapiro.

00:00:11.000 This is The Ben Shapiro Show.

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00:01:32.000 Well, tonight, Joe Biden is going to speak to you about your soul.

00:01:36.000 Because if there's one man in American politics who knows what your soul needs to heal, it is this geriatric dotard who can't speak two straight sentences without fumbling all over himself.

00:01:46.000 A person who apparently believes that the half of the country that did not vote for him is akin to stochastic terrorists.

00:01:52.000 According to Voice of America, quote, in a primetime televised speech Thursday evening in Philadelphia, U.S.

00:01:57.000 President Joe Biden is to speak about what White House officials characterize as a battle for the soul of the nation.

00:02:01.000 Now, this is the same routine that he did during the campaign.

00:02:04.000 Which means he's still running against Donald Trump, right?

00:02:05.000 During the 2020 campaign, the idea was he is about light and about unity and about friendship and about apple pie.

00:02:11.000 And Donald Trump is an evil orange man.

00:02:15.000 And in order to reclaim the soul of the nation, you have to elect him. 0.92

00:02:18.000 Well, he got elected and apparently the soul of the nation is still broken because people are looking at him and saying, you're a terrible president.

00:02:24.000 But this means that he just needs to lecture you some more about the soul of the nation.

00:02:27.000 Because when I think about my moral exemplars, I think about career politicians who are venal, and corrupt and bloviating and do really stupid things and abandoned 38 million people to the predations of 8th century barbarians and who promote transing the children. 1.00

00:02:43.000 Those are the people I think of as my moral exemplars when they lecture me about the healing of my soul and the soul of my nation.

00:02:50.000 According to VOA, in the address outside Independence Hall, Where the country's Declaration of Independence was debated and adopted, and the Constitution was written by the Founding Fathers, the 46th United States President will discuss how our rights and freedoms are still under attack, and he will make clear who is fighting for those rights, fighting for those freedoms, and fighting for our democracy, according to the White House.

00:03:07.000 Now, first of all, there's something particularly galling about this President standing outside Independence Hall Where the Declaration of Independence was debated and adopted in opposition to overweening centralized power.

00:03:19.000 This president of the United States was radically expanded the centralized power of the federal government up to and including the single largest executive order in terms of spending in the history of the United States.

00:03:30.000 Half a trillion dollars simply on a political whim in order to prop up his political allies.

00:03:35.000 This man standing outside the hall where the Constitution was written, a Constitution that he does not seem to like very much because it provides constraints on the things that he wants to do.

00:03:44.000 A Constitution he believes should be replaced with a wide variety of regulatory clauses from a centralized administrative government trumping the actual provisions of the Constitution.

00:03:54.000 But he's now going to pretend that he's speaking on behalf of the Declaration and the Constitution, which of course he is not.

00:03:59.000 And he's going to make clear that he is on the side of the angels and his enemies are on the side of the devils.

00:04:05.000 According to VOA, Dartmouth professor of government Brendan Nyhan predicts Biden will use the speech to rally his party in advance of the midterm election that Democrats fear could go quite poorly for their side.

00:04:14.000 But he's also calling for Americans to reject the anti-democratic forces that have challenged the political system in this country.

00:04:21.000 And this is the main message that you can expect from Joe Biden tonight.

00:04:25.000 Everyone who voted for his opponent in 2020 is effectively I don't want to get ahead of the President's speech.

00:04:34.000 aisle is somebody who opposes democracy.

00:04:36.000 So lest you think I'm exaggerating, Corine Jean-Pierre, the absolutely incompetent White House press secretary who took over for Jen Psaki, she was asked about what Joe Biden is going to speak about.

00:04:45.000 And she explained that he's going to talk about the threat to our democracy, which amounts to basically the Republican Party.

00:04:51.000 I don't want to get ahead of the president's speech.

00:04:54.000 It's not a good thing to do, as you know.

00:04:57.000 But you know, the president thinks that there is an extremist threat to our democracy.

00:05:03.000 The president has been clear, as he can be, on that particular piece when we talk about a democracy, when we talk about our freedoms.

00:05:11.000 The way that he sees is the MAGA Republicans are the most energized part of the Republican Party.

00:05:18.000 This is an extreme threat to our democracy, to our freedom, to our rights.

00:05:24.000 They just don't respect the rule of law.

00:05:28.000 So, you know who Karine Jean-Pierre sounds a lot like when she talks about half of her fellow Americans?

00:05:34.000 She sounds a lot like George W. Bush in 2001 talking about Al Qaeda.

00:05:37.000 Here is George W. Bush in 2001 talking about Al Qaeda.

00:05:40.000 See if you can spot the difference.

00:05:42.000 Americans are asking, why do they hate us?

00:05:48.000 They hate what they see right here in this chamber.

00:05:51.000 A democratically elected government.

00:05:54.000 Their leaders are self-appointed.

00:05:57.000 They hate our freedoms.

00:06:00.000 Our freedom of religion.

00:06:02.000 Our freedom of speech.

00:06:04.000 Our freedom to vote and assemble and disagree with each other.

00:06:08.000 Well, it's almost as though Corine Jean-Pierre in the year 2022 sounds exactly like George W. Bush talking about people who murdered 3,000 Americans on 9-11.

00:06:17.000 And again, this is not a shock considering that in the immediate aftermath of January 6th, the immediate move of the Democratic Party and the media were to label every single Republican in the country complicit in January 6th and to simultaneously claim that January 6th was akin to September 11th in terms of its goals, its aims, and its actual practices.

00:06:33.000 So, it's not a great shock that you are seeing The unity president basically say that everyone who's on the other side of the political aisle is a threat to democracy.

00:06:41.000 What's particularly galling about this is that once again, the president of the United States has very little respect for the system of government that he actually is supposed to be running.

00:06:49.000 He doesn't like the checks and balances.

00:06:51.000 He thinks they're bad.

00:06:52.000 He thinks that he should be able to do whatever he wants from the executive office of the presidency.

00:06:56.000 This president does not care about the rule of law.

00:06:58.000 He believes that he can get away with anything, that the executive authority of the office just allows him to do whatever he wants.

00:07:05.000 And then he threatens you with that power.

00:07:07.000 Well, there's one area of your life where you can't afford to feel threatened.

00:07:10.000 That's your car, because your car is probably worth more now than your house under Joe Biden's economy.

00:07:15.000 Thanks to all of the supply chain bottlenecks and the sinking housing market.

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00:08:16.000 How did you hear about us, Fox?

00:08:17.000 So they know that I sent you.

00:08:19.000 The president of the United States does not care very much about the rule of law.

00:08:22.000 His party does not care very much about the rule of law.

00:08:26.000 A lot of people are sitting out there and it turns out that what they are objecting to is what they see as the perversion of the rule of law by Democrats.

00:08:32.000 What they're objecting to is what they see as the perversion of the democratic system of government by outside forces, including intervention from, for example, the FBI telling big tech companies to shut down stories in advance of elections.

00:08:44.000 They don't like very much the illegal, and these were illegal, changes to the voting rules that were made in 2020.

00:08:51.000 Even people like me, who don't believe that Donald Trump outright won the 2020 election, that he doesn't have the proof that voter fraud was the big decider.

00:08:58.000 Even people like me are very wary of a lot of the moves that have been made in the past several years to undermine the faith in democratic institutions from the left side of the aisle.

00:09:08.000 For example, the full-scale, full-throated support of giant protest movements predicated on a lie in 2020 that turns the most damaging riots in American history.

00:09:18.000 These are things that I think trouble a lot of people.

00:09:19.000 Does that make you akin to Al Qaeda?

00:09:21.000 Does it make you a threat to democracy?

00:09:23.000 Does it make you a threat to democracy if you oppose Joe Biden's agenda?

00:09:26.000 What exactly makes you the threat to democracy?

00:09:30.000 When Joe Biden says he's going to heal the soul of the nation, what this really means is he's going to excise half of the nation.

00:09:35.000 This is my great fear.

00:09:36.000 When he first took office, he gave an inaugural address in which he talked about unity.

00:09:39.000 He used that word many, many times.

00:09:40.000 He talked about how we were going to unite as a country.

00:09:42.000 We're going to finally come together.

00:09:43.000 And I said at the time, by unity, does he mean we're going to agree to disagree and we're going to move forward together on what we do share?

00:09:49.000 Or does he mean everyone who disagrees with me is violating my concept of unity and therefore must be purged?

00:09:55.000 Because you can unify a country through purges.

00:09:57.000 It does happen.

00:09:59.000 And when you have a radicalized left that openly calls for this sort of stuff, are you wondering why people are feeling a little disquieted at the sort of language that is being used by the president against his fellow American citizens?

00:10:12.000 And again, remember, he's not even directing this.

00:10:14.000 During the campaign, the idea from Joe Biden is that he was directing it at Donald Trump.

00:10:18.000 But Donald Trump's no longer in office, right?

00:10:20.000 Donald Trump isn't the candidate on the other side of the aisle.

00:10:22.000 Donald Trump's not on a ballot.

00:10:24.000 So who's he directing it at?

00:10:26.000 And you can hear it from Corine Jean-Pierre.

00:10:28.000 They're directing it at the people who voted that way.

00:10:30.000 That's a that's a whole different thing.

00:10:32.000 It's a whole different thing.

00:10:33.000 Understand that they are attempting to broaden out their critique of Donald Trump as a bad man for the soul of democracy, the Satan on the shoulder of the United States.

00:10:41.000 The devil whispering into our ear.

00:10:42.000 They're trying to broaden out that critique of Trump personally, which is bad enough.

00:10:45.000 They're trying to broaden that out to any American who disagrees with them.

00:10:49.000 And they name names, right?

00:10:50.000 They say, you know, the threat of violence that's coming from the MAGA Republicans, the extremist threat.

00:10:54.000 By the way, these extreme threats range from people like me going to podcast movement and literally existing to people who point out that children's hospitals should not be performing double mastectomies on minors, right?

00:11:05.000 Those are all threats to the democracy, according to people like Corine Jean-Pierre.

00:11:09.000 Because you know who else is a threat?

00:11:10.000 You know who's a violent threat?

00:11:11.000 Ron DeSantis is a violent threat.

00:11:12.000 How do you know that Ron DeSantis... What makes Ron DeSantis a violent threat?

00:11:15.000 Well, the fact that Ron DeSantis made a joke about chucking Anthony Fauci across a river.

00:11:20.000 This is what makes him a violent threat, according to Karine Jean-Pierre in the White House.

00:11:24.000 Just last week, you had Governor Ron DeSantis suggested that Dr. Fauci should be physically assaulted. 0.64

00:11:32.000 And former President Trump has done the same many, many times.

00:11:37.000 Look, and many of your colleagues have actually talked about and reported on this dangerous trend that we're seeing.

00:11:44.000 And, for example, the New York Times headline from this month, as right-wing rhetoric escalates, so do threats and violence.

00:11:53.000 And so these are things that we have to call out.

00:11:57.000 It's everybody.

00:11:58.000 It's Ron DeSantis.

00:11:59.000 It's you.

00:12:00.000 It's people who go to school board meetings.

00:12:02.000 All those people are a threat to democracy.

00:12:03.000 All those people are a threat to the soul of the nation, according to Joe Biden.

00:12:07.000 Again, this is nothing new in sort of the recesses of recent Democratic memory.

00:12:11.000 Barack Obama suggested that all of his political opponents were bitter clingers.

00:12:13.000 Hillary Clinton suggested all of her political opponents were a basket of deplorables.

00:12:17.000 But now you have the White House basically suggesting that if you're a threat to democracy, what are you supposed to do?

00:12:21.000 If someone's a true threat to the democratic process of the United States, the only solution is to eliminate them.

00:12:26.000 It also doesn't help when you have Joe Biden going around the country suggesting that anybody who's in favor of owning a gun under the Second Amendment, I mean, they don't really need a gun to resist the government.

00:12:34.000 After all, the government can just eviscerate them with an F-15.

00:12:38.000 These are not the sort of rhetorical flourishes that you use when you care about your fellow Americans or about unity.

00:12:42.000 These are the sort of rhetorical flourishes you use when you are attempting to divide the country and label everyone who opposes you the actual physical enemy.

00:12:50.000 If you're talking about driving up violent rhetoric, it's hard to get more violent than suggesting that the people who oppose you are utterly opposed to rights, democracy, decency, and that those people might just be hit by an F-15 every once in a while.

00:13:04.000 And this is a radical escalation in the rhetoric coming from this White House.

00:13:08.000 Karine Jean-Pierre, speaking about Americans this way, it's not exactly the smartest thing.

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00:14:15.000 And at the same exact time that this is happening, of course, you do have the FBI and the DOJ investigating President Trump.

00:14:22.000 And after four long years of our intelligence services and our DOJ investigating the actual president of the United States on the false basis that he must have been colluding with the Russians to twist the 2016 election, a lot of people are, I think correctly, very, very suspicious of the FBI being weaponized on behalf of the current administration to go against the guy that they are now attempting to, number one, elevate in the headlines prior to the election, and number two, Hope to either make the nominee or to indict.

00:14:49.000 Those are the various choices they're putting in front of the American people.

00:14:52.000 A lot of people are wondering, how are you talking about democracy again when it seems as though you are perfectly willing to avoid any democratic accountability on any score?

00:15:02.000 Which raises the question of what happens next with regard to the FBI and the DOJ and Donald Trump.

00:15:08.000 So it seems pretty obvious at this point by apparently all legal analysis that the DOJ is very likely to try and push an indictment of Donald Trump at this point.

00:15:17.000 According to Bloomberg, they're going to wait until after midterm elections to do this.

00:15:20.000 Which of course means that he's going to hover over the midterm elections, which may be the point here.

00:15:26.000 According to Bloomberg, federal prosecutors are likely to wait until after the November election to announce any charges against Trump if they determine he broke laws, according to people familiar.

00:15:32.000 The unprecedented prospect of bringing charges against a former U.S.

00:15:35.000 president is creating intense scrutiny of the Justice Department in the aftermath of its search of his home in Mar-a-Lago.

00:15:40.000 A separate DOJ probe is focused on his effort to overturn the 2020 election, which he lost to President Biden.

00:15:45.000 Under longstanding department policy, prosecutors are barred from taking investigative steps or filing charges for the purpose of affecting an election or helping a candidate or party traditionally 60 days before an election.

00:15:54.000 This year, that would be September 10th, which makes it unlikely anything would be announced until after November 8th.

00:16:00.000 Now, of course, the department has ignored that policy in recent years, most notably when FBI Director James Comey revealed the FBI was reopening a probe into Hillary Clinton's use of a private email server just days before the 2016 presidential election.

00:16:12.000 And in 2020, former AG William Barr announced in the weeks before the presidential election, department officials could make public announcements and take overt investigative steps with regard to voter fraud cases.

00:16:21.000 This time around, the impact of any criminal case against Trump would likely be significant.

00:16:25.000 He isn't on the ballot in November, but of course he has endorsed a bunch of candidates.

00:16:28.000 And of course, Democrats hope that he is top of mind when people go into the voting booth.

00:16:32.000 This is very obvious from the way that they are treating President Trump.

00:16:34.000 It's why Joe Biden is giving a speech that is going to be directed almost specifically against President Trump.

00:16:40.000 Meanwhile, on the other side of the aisle, a lot of people are looking and saying, wait a second, do we believe the FBI when they say that this was such a vital national security interest that they had to raid Mar-a-Lago and indict the former president of the United States?

00:16:51.000 A person who had plenary power as president of the United States to declassify anything while he was president of the United States?

00:16:58.000 So originally, the sort of suspicion was, there's no way that the FBI and the DOJ are going to indict Donald Trump over he's mishandling classified documents.

00:17:07.000 That would be kind of wild.

00:17:09.000 That the former president of the United States, while he was president, had plenary power to declassify, whether he made that claim or not.

00:17:15.000 The simple fact is, when he was president of the United States, he could theoretically just wave his hand over the papers and say, all of this stuff is declassified.

00:17:21.000 And Trump has sort of sporadically made that defense of himself.

00:17:25.000 But beyond that, the idea that the thing that is going to bring down the chief political rival to the current president of the United States is mishandling classified material, not any underlying traitorous behavior, not any underlying serious intent to do a damaging crime to the United States of America, mishandling of classified documentation.

00:17:45.000 A lot of people are looking at that going, wait a second.

00:17:48.000 That seems highly political.

00:17:50.000 Because here's one thing we know.

00:17:51.000 We know that the Justice Department and the FBI set an actual standard when it came to mishandling classified information.

00:17:57.000 So let's assume for a second.

00:17:58.000 That all of Donald Trump's kind of supposed defenses are pretexts.

00:18:02.000 That he didn't actually declassify any of these documents.

00:18:03.000 That he did what they're accusing him of doing.

00:18:05.000 That he actually brought home the classified documents, he stacked them in his closet, and then when the National Archives asked for them, he didn't turn them over.

00:18:11.000 Let's assume all of that is true.

00:18:13.000 James Comey set an actual standard for what it would take to prosecute a public official for mishandling classified documentation.

00:18:19.000 Because you will remember that Hillary Clinton was using her private email address for classified documents, and putting those things on the email address means that they're online.

00:18:28.000 And you'll recall that she then, when she was asked to turn over her servers, she actually erased the servers.

00:18:34.000 She used a program called BleachBit to essentially get rid of all of those emails. 1.00

00:18:39.000 You'll also remember that many of those emails then popped up on an outside computer, Anthony Weiner's computer, along with whatever pornography he had been sending his lady friends.

00:18:47.000 So not exactly a wonderful storage of classified materials from Hillary Clinton.

00:18:51.000 She claimed, of course, she didn't know declassification protocols or that these documents were classified.

00:18:55.000 That was very likely to be untrue, considering she'd been in government for a very, very long time and that she'd been the Secretary of State.

00:19:01.000 But James Comey decided, you know what?

00:19:03.000 That's not the standard for prosecution.

00:19:04.000 That may be the standard under the law, that's not the standard for prosecution.

00:19:07.000 So he said a couple of things that are relevant to what's happening now with Donald Trump.

00:19:10.000 Because if you're talking about the perception of a democracy working in the United States, one of the elements of that is equal protection of the laws.

00:19:17.000 Equal application of the laws, non-selective prosecution when it comes to prosecuting high public officials and former presidents of the United States for mishandling classified documents.

00:19:28.000 And none of this means that Donald Trump didn't handle his classified documents sloppily.

00:19:32.000 It does mean that that apparently is not the criminal standard, according to James Comey.

00:19:35.000 James Comey said two things of relevance in this press conference where he announced that Hillary would not be prosecuted.

00:19:40.000 This is back during summer of 2016.

00:19:42.000 He said one, there is a very high probability that America's enemies actually did gain control of many classified information secrets from Hillary Clinton's computer.

00:19:51.000 And two, that wasn't enough to indict her.

00:19:52.000 Even that wasn't enough to indict her.

00:19:53.000 Here was James Comey at the time.

00:19:56.000 Looking back at our investigations into the mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts.

00:20:08.000 All the cases prosecuted involved some combination of clearly intentional and willful mishandling of classified information, or vast quantities of information exposed in such a way as to support an inference of intentional misconduct, or indications of disloyalty to the United States, or efforts to obstruct justice.

00:20:30.000 We do not see those things here.

00:20:33.000 Okay, so he just ignored, by the way, the quote-unquote effort to obstruct justice.

00:20:36.000 Among the things that he ignored there was Hillary Clinton bleach bidding her servers. 1.00

00:20:40.000 I mean, that seems like a pretty good effort to not turn over the evidence of what exactly you were storing on your computer, but apparently that wasn't enough.

00:20:46.000 And as I say, James Comey even went on to say that there was a good probability that a lot of the classified information Hillary Clinton was storing actually got out to, say, the Chinese or the Russians.

00:20:55.000 We did not find direct evidence that Secretary Clinton's personal email domain, in its various configurations since 2009, was hacked successfully.

00:21:05.000 But given the nature of the system, and of the actors potentially involved, we assess we would be unlikely to see such direct evidence.

00:21:14.000 We do assess that hostile actors gained access to the private commercial email accounts of people with whom Secretary Clinton was in regular contact from her personal account.

00:21:25.000 We also assess that Secretary Clinton's use of a personal email domain was both known by a large number of people and readily apparent.

00:21:34.000 She also used her personal email extensively while outside the United States, including sending and receiving work-related emails in the territory of sophisticated adversaries.

00:21:46.000 Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton's personal email account.

00:21:55.000 That was not enough to indict her.

00:21:56.000 Okay, now, what are the chances that somebody actually gained access to the classified information in Donald Trump's closet, under his mattress?

00:22:05.000 Do you think it's better or worse than Hillary Clinton exposing classified information on an email server?

00:22:09.000 I mean, the answer is pretty obvious, but that was not enough to indict her.

00:22:13.000 So, again, the standard that has to be applied here, if you actually wish for people to have any sort of faith in the institution, has to be even.

00:22:20.000 Well, when you think about the double standard that is being applied by the FBI, right?

00:22:24.000 James Comey let Hillary off the hook because lack of intent, but we really don't need to prove that Donald Trump was doing anything super duper nefarious. 1.00

00:22:30.000 There was no nefarious reason he was doing this stuff in order to indict him.

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00:23:39.000 So I'll go back and I will tell you again.

00:23:41.000 Here was James Comey's statement.

00:23:43.000 He said that all of the cases prosecuted like this have to involve a combination of, OK, one of these factors is not enough.

00:23:49.000 It has to involve a combination of clearly intentional and willfully mishandling of classified information or vast quantities of material exposed in such a way as to support an inference of intentional misconduct that you were doing it because you intentionally wanted to expose this stuff or indications of disloyalty.

00:24:06.000 None of these exist for President Trump.

00:24:08.000 Even if you were to say that there was intentional and willful mishandling of classified information, that would not be enough, according to James Comey.

00:24:13.000 Or efforts to obstruct justice.

00:24:14.000 And remember, it has to be beyond the kind of stuff that Hillary did.

00:24:18.000 Because you could easily say that under Hillary's behavioral standard, there was a combination of any clearly intentional and willful mishandling of classified information and an effort to obstruct justice. 1.00

00:24:26.000 But they didn't do it by Hillary.

00:24:28.000 Okay, so does this mean that Donald Trump acted in model fashion with regard to classified documents?

00:24:32.000 No.

00:24:33.000 But it does mean that when Americans think about the way that our democracy works, if the leading political contender for the presidency of the United States on the Democratic side of the aisle was exonerated by the FBI in 2016 for behavior that looks extraordinarily similar to the stuff that Donald Trump, the leading presidential candidate on the right side of the aisle, at least by polling data right now, if that behavior looks the same, the Democrat gets exonerated, the Republican gets indicted, A lot of people are going to start thinking, well, maybe our democratic system of government is not working particularly well.

00:25:03.000 And as it now looks like, all of the factors seem stacked in favor of the DOJ actually inciting Trump, which is going to bring things to a head pretty damned quickly here, which is why Merrick Garland really, just for the sake of the democracy, got to be incredibly careful.

00:25:15.000 If you're going to bring a case like this, it better be bulletproof.

00:25:19.000 You're going to have to demonstrate not just that Donald Trump did the things you're accusing him of doing, but that they radically differ from the things that allowed Hillary Clinton to get away with it back in 2016.

00:25:29.000 Because right now, the sense that I am getting is that they are basically going to indict him on the suspicion that he has bad intentions under the Comey standard.

00:25:37.000 So Andrew McCarthy over at National Review has a good rundown on why he thinks that it is now very likely that Trump will be charged with obstruction of justice.

00:25:46.000 So his rundown says this, he says, Former President Donald Trump is facing the very serious prospect of being indicted for obstruction of justice and causing false statements to be made to the government.

00:25:55.000 That's the upshot of a court submission filed by the DOJ on Tuesday night in response to the Trump camp's belated motion for the appointment of a special master to review materials seized three weeks ago from the former president's Mar-a-Lago estate.

00:26:04.000 By the way, the timing here should be noted.

00:26:07.000 Remember, the January 6th committee started making extraordinarily loud noises.

00:26:11.000 And like a week later, Donald Trump's Mar-a-Lago was raided by the FBI.

00:26:16.000 With Merrick Garland saying that he ordered the code red.

00:26:19.000 As I said at the time, January 6th committee was unlikely to actually bring forward criminal evidence.

00:26:24.000 What they were likely to do is ratchet up the tension on Merrick Garland to do something.

00:26:27.000 And so Merrick Garland did something.

00:26:30.000 And now the incentive structure is stacked in such a way that if Merrick Garland does not actually move forward with indictment of Donald Trump, he and Joe Biden are going to pay the price from their own base.

00:26:38.000 Which means that, yes, there is a political component, and pretending there is not is just willfully shutting your eyes to the actual politics of the situation.

00:26:45.000 According to Andrew McCarthy, last week, when an extensively redacted version of the affidavit supporting the Mar-a-Lago search warrant was released, I opined that perhaps the most overlooked sentence in the document was this one, quote, The government's Tuesday night court filing bears that out.

00:27:00.000 The submission also illustrates that while the affidavit remains substantially under wraps, we already know the gist of it.

00:27:05.000 So originally, when this happened, a lot of people like me and Andy McCarthy, a lot of people were saying, this can't just be about classified document mishandling, can it?

00:27:13.000 They must, I mean, they wouldn't do it over that.

00:27:15.000 Well, maybe they would.

00:27:17.000 Maybe they were doing this because they will get him on anything they can get him on.

00:27:21.000 According to Annie McCarthy, prosecutors begin with a factual recitation that substantially echoes a letter written by archivist Deborah Seidel Wall to Trump's counsel covering events from the time Trump left office on January 20th, 2021 through May 10th, the date of Wall's letter.

00:27:34.000 We already knew that after Wall's letter, there followed an initial grand jury subpoena for classified documents served May 11th.

00:27:40.000 A meeting at Mar-a-Lago on June 3rd, which contrary to Trump's public depiction of an amicable negotiation session between his lawyers and DOJ officials, was actually compliance, or as it turns out, non-compliance, with a grand jury subpoena in an active criminal investigation, and also a second grand jury subpoena served June 22nd, from Mar-a-Lago surveillance video.

00:27:56.000 Those events dovetailed with the FBI's interviews of Mar-a-Lago employees and Trump's post-presidency staffers, as well as the Bureau's review of the surveillance video.

00:28:03.000 In combination, he's convinced the government of what it already suspected at the time of the June 3rd meeting.

00:28:08.000 Trump was lying about how much classified information he was hoarding, and about where he was hoarding it.

00:28:12.000 Consequently, even without the new submission, we already knew the DOJ believed the unprecedented execution of a court-authorized search warrant at the home of a former American president was fully justified because A, the government exhausted other options after not just 18 months of trying to reason with Trump, but especially his flouting of a grand jury subpoena.

00:28:27.000 B, there was a high likelihood Trump was continuing to direct the movement concealment and perhaps destruction of classified documents.

00:28:32.000 Which, as Trump's camp June 3rd machination showed, the former president had no intention of surrendering to the government, and c.) there was a vital need for U.S.

00:28:40.000 intelligence agencies to reacquire any highly classified intelligence that had been mishandled and was still being mishandled.

00:28:47.000 The new DOJ submission fills in some salient gaps.

00:28:49.000 First, Trump never actually made a claim of declassification.

00:28:52.000 The claims of declassification have been made all inside the last month or so.

00:28:56.000 So at the time, when they were saying, turn over the documents, he didn't just say, listen, I declassified all these.

00:28:59.000 I waved my hand over the boxes that were declassified.

00:29:01.000 Get out of here.

00:29:02.000 Which is what he should have done.

00:29:03.000 Which may speak to the fact that, as always, Donald Trump's lawyers are crap.

00:29:07.000 This has been a problem that has plagued him throughout his political career is that the people who surround him are generally second raters.

00:29:13.000 And this is particularly apparently true of his legal team.

00:29:16.000 Second, the DOJ document that was filed shows an implied admission that nothing was ever declassified because the June 3rd Mar-a-Lago meeting occurred pursuant to a grand jury subpoena which demanded the surrender of any and all documents or writings in the custody or control of Donald Trump or his office bearing classified markings.

00:29:35.000 The subpoena instructed that in lieu of a personal appearance by Trump's records custodian, the documents could be surrendered to the FBI.

00:29:41.000 And they did surrender some documents to the FBI.

00:29:44.000 At no point did they actually just say all of this stuff was declassified.

00:29:47.000 Also, we found out from this new DOJ document that the government has witnesses to talk about how exactly the documents were stored and that they were stored safely.

00:29:55.000 They're also gonna go after Trump for supposed false statements because Trump's representatives at June 3rd meeting said, quote, based upon the information that has been provided to me, I am authorized to certify on behalf of the office of Donald Trump, A, a diligent search was conducted of the boxes that were moved from the White House to Florida, B, the search was conducted after receipt of the subpoena in order to locate any and all documents responsive to the subpoena, C, any and all responsive documents accompany this certification, and D, no copy, written notation, or reproduction of any kind was retained as to any responsive document.

00:30:23.000 So combined with the fact that they didn't actually claim that this stuff was declassified, the idea here would be that they basically had Trump's lawyers lying, right?

00:30:30.000 That's what the DOJ is going to try and claim. 0.91

00:30:32.000 They're going to try to claim that Trump's lawyers lied when they said that they turned over all classified documents and Trump retained no classified documents, which presumably is why they have that famous photo that they've been releasing now, this famous photo that shows classified document cover pages on the floor at Donald Trump's Mar-a-Lago in the closet.

00:30:50.000 That's the idea here is that Trump's lawyers said that he had turned everything over.

00:30:55.000 He obviously has not turned everything over.

00:30:57.000 This means that they were lying.

00:30:59.000 Apparently, the signatory on that document was Trump's lawyer, Christina Bob.

00:31:02.000 The statement itself could be false, but that doesn't mean that Bob knew she was lying, right?

00:31:08.000 Because she could have just been told that by Trump.

00:31:11.000 Also, it is possible that there is a break in the chain of communication, which presumably would be the defense, in which Trump says, listen, I said, I knew that stuff I had was declassified.

00:31:19.000 And I told my lady that I gave over all the classified information.

00:31:22.000 And she said that.

00:31:23.000 So theoretically, that could be the defense.

00:31:23.000 Right.

00:31:25.000 And there's no hard and fast standard, constitutionally speaking, as to what constitutes a declassification protocol, because Congress can't actually set rules for the executive branch of the United States when it comes to classification or declassification.

00:31:37.000 That's going to have to be decided by the Supreme Court.

00:31:41.000 Well, whatever the rationale here, it's going to come down to quote-unquote obstructive conduct, as Andy McCarthy says.

00:31:48.000 He says, in his court filing, government explicitly describes the Trump's team behavior in response to the grand jury June 3rd subpoena as obstructive conduct.

00:31:55.000 It is also implicit the FBI has located one or more witnesses with knowledge of Mar-a-Lago's layout and the former president's routine.

00:32:00.000 The submission says, quote, in particular, The government developed evidence that a search limited to the storage room would not have uncovered all the classified documents at the premises.

00:32:07.000 The government also developed evidence that government records were likely concealed and removed from the storage room, and that efforts were likely taken to obstruct the government's investigation.

00:32:13.000 Okay, well, all of this is going to remain suspect in the minds of a huge swath of Americans, unless what you can actually prove is that he was attempting to hide documents for a nefarious purpose.

00:32:23.000 It is all going to end up going back to intent, politically speaking.

00:32:25.000 Forget about the legality, because legally speaking, Hillary Clinton was guilty and she should have been indicted. 0.99

00:32:29.000 But there was an intent element that was added to the crime by James Comey.

00:32:33.000 That was a legal change that James Comey just read into the law that does not exist.

00:32:37.000 The intent to hide documents, the intent to misstore classified documents was not enough, according to James Comey, because Hillary Clinton clearly fulfilled those conditions. 0.97

00:32:45.000 And she didn't have declassification power the way that Trump did. 0.86

00:32:48.000 So in order for the American people to believe that equal justice has been done, there has to be an element that Trump did that Hillary Clinton did not do.

00:32:55.000 So what that means is that you are going to have to show, for example, that Donald Trump had nefarious intent.

00:33:00.000 And that's why you're seeing people on the left go over their skis on this.

00:33:02.000 So for example, John Brennan, the despicable and somebody who really should have been indicted for lying to Congress, John Brennan, former head of the CIA, John Brennan, he says clearly Trump has nefarious intent.

00:33:14.000 Well, not so clear.

00:33:16.000 What was the nefarious intent?

00:33:18.000 Here's John Brennan.

00:33:20.000 The types of things that he's doing, it reminds me of some individual U.S.

00:33:24.000 government officials who were recruited by foreign intelligence services, who did their utmost to conceal their activities, to conceal the documents that they might have taken and stolen from the U.S.

00:33:35.000 government.

00:33:35.000 And so therefore, it's clearly that he had nefarious intentions, which is why I think it's so important that the Department of Justice, the FBI, and the intelligence community get to the bottom of this, because there's nothing short of our national security that is at stake.

00:33:49.000 John Brennan.

00:33:50.000 That guy, by the way, sicked the America's National Intelligence Agencies on members of Congress and then lied about it in front of Congress.

00:33:56.000 And that's what they bring on.

00:33:57.000 If we're talking about shoring up the feeling of faith in our democracy and institutions, bring John Brennan on MSNBC to talk about shoring up that faith is pretty rich.

00:34:04.000 Donald Trump, for his part, released a couple of truth social truths.

00:34:08.000 They're not called tweets.

00:34:08.000 That's what they're called.

00:34:09.000 He released those yesterday.

00:34:11.000 Said first, terrible the way the FBI during the raid of Mar-a-Lago threw documents haphazardly all over the floor, perhaps pretending it was me that did it.

00:34:17.000 And then started taking pictures of them for the public to see.

00:34:19.000 Thought they wanted to keep them secret.

00:34:20.000 Lucky, I declassified.

00:34:21.000 Okay, so now he's claiming that he declassified.

00:34:24.000 It's gonna be very difficult to prove that he didn't declassify.

00:34:26.000 Again, the government's gonna say, well, you never claimed declassification before.

00:34:28.000 He can say, right, well, I claimed that I gave you all the classified material, so by the very nature of that, I'm claiming that I declassified all the other stuff, so I wouldn't have kept classified material.

00:34:38.000 Then he makes the point that, you know, they were talking in the aftermath of the original raid, that he was keeping nuclear secrets.

00:34:43.000 Because here's the thing.

00:34:43.000 They have to come up with a reason why this is so damned important that they're going to put the former president of the United States in jail.

00:34:48.000 That's what they have to figure out.

00:34:49.000 There's only a couple of things that could be there.

00:34:51.000 One is, the classified material that Donald Trump kept is so unbelievably dangerous, so incredibly, incredibly volatile, that were it to be discovered by anyone, up to and including the maid, that this would amount to a serious breach of American national security.

00:35:07.000 That's what they would have to show, right?

00:35:08.000 And so that's why they were talking in the original sort of version of this about how Donald Trump had the nuclear codes in his closet, had the nuclear football locked in Melania's shoebox or something.

00:35:19.000 And as Trump points out, well, no, I noticed that that word nuclear disappeared.

00:35:23.000 He's right.

00:35:24.000 Second, they would have to show some sort of nefarious intent.

00:35:27.000 So that's why everybody thought when this first broke that the next step was going to be showing either that Donald Trump was doing something traitorous.

00:35:35.000 You saw Trevor Noah and Stephen Colbert and all the rest suggesting that the next shoe to drop was going to be that Donald Trump sold nuclear secrets to the Saudis.

00:35:43.000 This was an actual accusation that was made, speculative accusation made by members of the left.

00:35:47.000 No proof of that.

00:35:49.000 And then third, there was the speculative accusation that the smoking gun was going to be found on January 6th.

00:35:54.000 The document in which Donald Trump actually drew out a map of the Capitol building with a big sharpie arrow saying to the Proud Boys, go here.

00:36:01.000 And that's what was classified and he kept that around.

00:36:03.000 He didn't destroy it, he kept it around for no reason.

00:36:06.000 None of that has materialized.

00:36:08.000 Here's the thing.

00:36:09.000 If people wish for you to trust the DOJ, if Merrick Garland wants you to trust the DOJ, he's going to have to come up with more than just Donald Trump was sloppy with documents.

00:36:16.000 Otherwise, he is just being blind.

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00:38:09.000 Shut up and shave. 0.82

00:38:11.000 Alright, so.

00:38:12.000 If the idea behind the Attorney General and the DOJ and the FBI all targeting Trump is that he has some sort of nefarious intent.

00:38:19.000 Something, either the classified materials were so dangerous they can't be allowed to keep them, or two, Donald Trump was about to sell classified materials to the Saudis, or three, Donald Trump is hiding the secret January 6th smoking gun.

00:38:30.000 I have an alternative theory of Trump's behavior.

00:38:33.000 I'm just going to run it by you here.

00:38:35.000 Trump likes documents.

00:38:37.000 That's the theory.

00:38:39.000 Trump looked at his document and said, I like that document.

00:38:41.000 It has Kim Jong-un writing me a love letter.

00:38:43.000 I love it.

00:38:43.000 I want it in my closet.

00:38:44.000 And the National Archives is like, that's a classified document, sir.

00:38:47.000 You need to turn that.

00:38:47.000 He's like, I don't want to.

00:38:49.000 It's pretty.

00:38:49.000 And I like it.

00:38:50.000 And I want it.

00:38:52.000 Now I ask you, which of the scenarios that I just drew out for you is the most plausible?

00:38:56.000 Knowing Donald Trump.

00:38:57.000 Watching Donald Trump for years.

00:38:59.000 The pattern of Donald Trump's behavior is that he does things on impulse because he wants to do them.

00:39:04.000 And then everyone attributes to those things the most nefarious organized intent possible.

00:39:09.000 And it always turns out not to be true.

00:39:11.000 So that doesn't mean that Trump did a smart thing in keeping these documents if in fact he violated classification rules.

00:39:16.000 It doesn't mean he wasn't being sloppy.

00:39:17.000 It doesn't mean he wasn't being a hoarder.

00:39:18.000 It doesn't mean any of that stuff.

00:39:19.000 But, if you are going to show Americans that it is so all-fired important to put Donald Trump in jail over this thing, you're gonna have to show one of the alternative theories of the case that wasn't just Donald Trump saying to his people, you know what, I like these documents, I want them in a box in my closet, I don't like the National Archives, they can screw off.

00:39:32.000 You're gonna have to show more than that.

00:39:35.000 I'm sorry, you're going to have to do that.

00:39:36.000 Because most Americans are not willing to put the former President of the United States in jail over that.

00:39:41.000 In the same way that they were not willing to put Bill Clinton in jail over stealing all the White House silverware on his way out the door.

00:39:47.000 Which he actually did.

00:39:49.000 Bill and Hillary Clinton just wrecked the White House and took everything out of it. 0.99

00:39:51.000 They were like stripping the lamps when they left.

00:39:55.000 And nobody was like, oh, put that guy in jail.

00:39:56.000 Say, oh, what a jerk.

00:39:58.000 But, again, you're gonna have to show actual danger here in order to justify what exactly is happening, and they're not doing that.

00:40:04.000 And so, when you have people question what the FBI is doing, when you have people question the DOJ, when they question the rule of law, maybe one of the reasons they're questioning the rule of law is because the current president of the United States does not seem to have a lot of care about the rule of law, and he seems really, really determined to paint all of his political opponents as people who ought to be targeted by law enforcement.

00:40:25.000 Which means that what's happening to Trump is of a piece with a broader agenda.

00:40:28.000 This is what a lot of Americans think.

00:40:30.000 A lot of Americans looked at what happened with the FBI and they said, maybe the reason they're doing that is because that's how they see me.

00:40:36.000 And it doesn't help when you then say it out loud.

00:40:39.000 When Donald Trump, when Joe Biden goes out there and he says, it's not just Donald Trump.

00:40:44.000 It's everybody.

00:40:45.000 It's a whole, it's the extreme ultra super duper mega pooper scooper agenda.

00:40:51.000 It's a King Maga, King Mc-Mc-McMaga guy. 0.98

00:40:54.000 And all of his followers.

00:40:55.000 It's all you!

00:40:56.000 All you people who don't like it.

00:40:58.000 When I say that a boy's a girl and a girl's a boy. 0.99

00:41:01.000 When you say that stuff with Corn Pop.

00:41:05.000 When you say that, you know, it's you!

00:41:09.000 Maybe we think you're about to target all of us.

00:41:12.000 And then you keep saying it.

00:41:13.000 And then you go out and you say things like, You know, what do you need a gun for?

00:41:16.000 I mean, after all, After all, we're not your enemy.

00:41:21.000 And if we were your enemy, we would just hit you with some napalm anyway.

00:41:25.000 And you, what are you going to do?

00:41:26.000 Fight us with an F-15?

00:41:27.000 You're going to dogfight us?

00:41:28.000 I'm going to unleash the nuclear arsenal on you. 0.99

00:41:31.000 Be my friend.

00:41:32.000 I'm healing the soul of America by threatening you with F-15s. 1.00

00:41:37.000 Joe Biden, unity candidate, speaking in front of Independence Hall tonight.

00:41:42.000 I'm sure that, I'm sure Americans will unify.

00:41:44.000 By the way, this is a president with 38% approval rating according to Reuters.

00:41:48.000 So it turns out 62% of Americans don't like the guy very much.

00:41:51.000 So there is that.

00:41:53.000 Okay, meanwhile, the congressional races seem to be narrowing.

00:41:57.000 It's fascinating to watch.

00:41:59.000 I think that the Democrats had the momentum maybe a week ago, maybe even two weeks ago.

00:42:03.000 But as Joe Biden becomes center stage again, he's making the same mistake that Donald Trump made in 2018.

00:42:07.000 It's kind of amazing.

00:42:08.000 So in 2018, you'll recall, the Democrats were leading pretty significantly on the generic ballot, and then it tended to narrow a little bit toward the election, and then it blew out again.

00:42:15.000 What happened is that the Kavanaugh hearings happened.

00:42:16.000 It really mobilized the Republican base.

00:42:18.000 And then Donald Trump wanted to be the center of attention.

00:42:20.000 And so he started talking about immigration, which was a serious issue, but it also moved the eye off the ball of the most pressing issue to most Americans at the time, which was the targeting of Brett Kavanaugh and the false allegations of rape that were made against him by Democrats with no evidence.

00:42:34.000 And so it hurt Republicans, right?

00:42:36.000 Donald Trump was like, I can't not be the center of attention.

00:42:39.000 Let's talk about me.

00:42:40.000 And Democrats are like, yes, let's talk about you.

00:42:42.000 And then it went really bad, badly for Republicans.

00:42:43.000 Well, until five seconds ago, everybody was talking about Trump.

00:42:46.000 And now Joe Biden's like, I need to go and go and talk a lot.

00:42:49.000 People love me.

00:42:50.000 They love when I talk and, and words come out of my face, McHole.

00:42:56.000 And it's not going well for the Democrats.

00:42:59.000 And there are a series of ads that have been coming out in Florida, and they are all just attempts to tie, for example, Val Demings, who's running against Marco Rubio, to Joe Biden.

00:43:07.000 Pretty much every Republican ad from here to the election is going to be tying Democrats to Joe Biden.

00:43:11.000 And races that you haven't heard of are getting real close.

00:43:13.000 For example, Right now, Senator Michael Bennet in Colorado.

00:43:16.000 No one is talking about the Colorado race.

00:43:17.000 No one.

00:43:18.000 He is now in a dogfight for re-election, according to a fresh GOP poll.

00:43:22.000 The survey conducted for the Republican Attorney General's Association shows that Bennet is up over Republican challenger Joe O'Day, who's a good candidate, 48 to 47 with 5% undecided.

00:43:32.000 O'Day is a prized Republican candidate who's positioned himself as a centrist, which, by the way, is the smart thing to do in a general election.

00:43:39.000 And right now, by the way, that's a state Joe Biden won by double digits nearly two years ago.

00:43:44.000 Boosting O'Day was his strength in Independence.

00:43:46.000 He trails Bennett by only 4 points, 49-44 with that crucial voting block.

00:43:50.000 And if that's the way that that election is moving right now, wait a couple of months.

00:43:55.000 So Colorado is starting to move toward competitiveness.

00:43:58.000 Meanwhile, Look out for it.

00:44:00.000 Pennsylvania seems to be moving a little bit more competitive as well as it turns out that John Fetterman in Pennsylvania is not with us.

00:44:07.000 I mean, not sentient.

00:44:08.000 John Fetterman had a crippling stroke and he is out on the campaign trail and he still looks like he had a crippling stroke.

00:44:16.000 So if you are looking at the effects of Joe Biden reappearing on the political scene, they're going to have rather dire effects for the Democrats.

00:44:23.000 All right, guys, the rest of the show is continuing now, including my analysis of what's happening with John Fetterman and Dr. Oz.

00:44:28.000 Plus, we still have to get to China's foreign policy.

00:44:31.000 China is about to get very aggressive because their economy is in serious trouble.

The Ben Shapiro Show - September 01, 2022

Joe Biden Is Healing America's Soul By Calling You A Terrorist | Ep. 1566

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