The Ben Shapiro Show - September 30, 2026


The Clancy Defense Lawyer May Have Broken the Constitution

Hosted by
Mentioned
Britain Caught an Iranian-Backed Plot — and Released Them on Bail

Episode Stats


Length

17 minutes

Words per minute

169.4

Word count

2,894

Sentence count

192

Harmful content

Misogyny

3

sentences flagged

Toxicity

6

sentences flagged


Transcript

Transcripts from "The Ben Shapiro Show" are sourced from the Knowledge Fight Interactive Search Tool. Explore them interactively here.
Misogyny classifications generated with MilaNLProc/bert-base-uncased-ear-misogyny .
Toxicity classifications generated with s-nlp/roberta_toxicity_classifier .
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
00:00:00.000 So, I remember Jack Smith.
00:00:01.000 He was the special counsel appointed to go after President Trump, and then all of his cases blew up when President Trump won the 2024 election.
00:00:07.000 He was in Congress yesterday.
00:00:08.000 It didn't go great for him.
00:00:09.000 There was a hearing that happened in the United States Senate.
00:00:12.000 The hearing was directed at Jack Smith.
00:00:14.000 Jack Smith, of course, was the special counsel who was appointed under the Biden administration to look into President Trump on a wide variety of counts, ranging from the Mar a Lago raid to allegations that he had involved himself in election corruption.
00:00:35.000 He was the one going after Trump for 2020 election interference.
00:00:40.000 And then he had to dismiss the action after Trump won the 2024 election.
00:00:46.000 So he was called before Congress.
00:00:47.000 And the reason he was called before Congress is because, in the process of pursuing all of these alleged crimes, he proceeded to basically draw information on pretty much everybody on the right.
00:00:58.000 Subpoena, like basic donor information, for example, go after GOP organizations.
00:01:04.000 So, Jack Smith, first, he claimed not to know that the RNC and TPUSA were subpoenaed.
00:01:09.000 Did your team subpoena records concerning the Republican National Committee?
00:01:16.000 We subpoenaed a number of records.
00:01:18.000 That's a yes or no question.
00:01:22.000 I do not have, I just want to be clear with you, Senator, I do not have a recollection of every subpoena.
00:01:27.000 We did subpoena numerous records.
00:01:29.000 Did your team subpoena the RNC?
00:01:31.000 I would have to look at those records, but we did subpoena.
00:01:33.000 You're testifying you don't remember?
00:01:34.000 Yes, no, or I don't remember.
00:01:36.000 There's your three options.
00:01:38.000 It is very possible.
00:01:39.000 I do not have a recollection of the RNC.
00:01:40.000 Did your team subpoena Turning Point USA?
00:01:45.000 Again, I would have to look at the.
00:01:46.000 Do you have any idea who you subpoenaed?
00:01:48.000 Can you name?
00:01:49.000 All right, let me help you.
00:01:52.000 Did your team subpoena the Conservative Partnership Institute?
00:01:56.000 That I do remember, yes.
00:01:57.000 Okay, good.
00:01:58.000 We found one.
00:02:00.000 Okay, we should point out at this point that Senators Graham Hawley, Ron Johnson, Marsha Blackburn, Bill Hagerty, Dan Sullivan, Tommy Tuberville, Cynthia Lummis, Ted Cruz, and Representative Mike Kelly all had their phone calls and toll records subpoenaed.
00:02:14.000 In the middle of this investigation, and Senators Grassley, Lee, Cornyn, and Hawley, Graham, and Johnson all had their text messages subpoenaed between late 2020 and early 2021.
00:02:24.000 Ted Cruz highlighted the subpoenas targeting GOP organizations.
00:02:29.000 Every name on it is a Republican.
00:02:32.000 Is it your view?
00:02:33.000 Is it a crime to be a Republican?
00:02:35.000 Absolutely not, sir.
00:02:37.000 Is it a crime to write a check to Republicans?
00:02:40.000 It is not, and I'm happy to explain why we issued these subpoenas if you'd like.
00:02:46.000 Sure, briefly.
00:02:48.000 We had to conduct an investigation about whether any person or entity violated the law with respect to the attempt to block the peaceful transfer of power.
00:02:58.000 To make that decision, yes, I understand.
00:03:00.000 And you use that as an excuse to engage in a massive fishing expedition targeting over 400 Republicans, and it was disgraceful.
00:03:07.000 Okay, so, you know, Jack Smith, again, it was a fishing expedition.
00:03:13.000 It was, in fact, a fishing expedition.
00:03:15.000 Josh Howley also went after Jack Smith.
00:03:19.000 Again, Jack Smith went too far.
00:03:20.000 His charges were never truly substantiated.
00:03:23.000 The charges themselves were incredibly vague and poorly drawn.
00:03:25.000 We covered it extensively at the time.
00:03:27.000 Here is Josh Hawley going after Jack Smith.
00:03:30.000 But you use your ability and the powers of your office to lie to the court, to lie to Congress, to lie to the American people, to lie to the House.
00:03:42.000 It's the worst abuse of prosecutorial power in the history of the United States.
00:03:46.000 And all I have to say is I'm glad you failed.
00:03:48.000 I don't know what our democracy would be like.
00:03:50.000 If you had succeeded in your effort to interfere in the workings of a presidential election, if it were up to me, I'd charge you with perjury.
00:03:59.000 But you should certainly be disbarred.
00:04:03.000 And I can only pray that nothing like this will ever happen again in the United States of America.
00:04:07.000 Now, Jack Smith claimed that he had not coordinated in any way with the Biden administration.
00:04:11.000 And Senator John Kennedy of Louisiana was like, Are you trying to joke us right now?
00:04:17.000 Like, are we really supposed to believe that?
00:04:20.000 Attorney General Garland could have countermanded that decision.
00:04:23.000 But I made that decision.
00:04:25.000 On my own, consulting with my staff and reviewing the incredibly strong evidence that we had accumulated.
00:04:31.000 In fact, President Biden andor his White House staff told General Garland to prosecute the president, didn't they?
00:04:42.000 Again, I have no idea about that.
00:04:44.000 What my job was was to.
00:04:45.000 I don't know anything about that.
00:04:47.000 Do you believe in the tooth fairy?
00:04:51.000 I do not.
00:04:52.000 How about the Easter Bunny?
00:04:56.000 I no longer believe in the Easter Bunny.
00:04:58.000 Do you think Jimmy Hoffa died of natural causes?
00:05:02.000 I do not.
00:05:05.000 Well, you know, is this going to do any damage seriously to Jack Smith?
00:05:10.000 Probably not.
00:05:10.000 They weren't going to catch him in a perjury trap.
00:05:12.000 It was amusing, by the way, that Cory Booker then put on his angry eyes, right?
00:05:17.000 He's Mr. Potato Head, and he popped in the angry eyes.
00:05:19.000 And then he talked, how dare the Republicans do this before an election?
00:05:24.000 I don't know.
00:05:24.000 How dare Democrats try to.
00:05:26.000 Basically, prosecute the former presidents of the United States into the ground before an election.
00:05:33.000 And I'd say this to my ranking member here every person who they bring through to be confirmed for a position, asked over and over again, did Donald Trump win the 2020 election, refuses to say the truth.
00:05:49.000 This is an eight year attempt to lie to the American people.
00:05:52.000 And this is their closing argument, everybody.
00:05:55.000 Right before an election, this is what they want to spend their time on.
00:06:00.000 Perpetrating a lie.
00:06:03.000 Yeah.
00:06:04.000 Perpetrating lies on law enforcement auspices about your political opponents, that's kind of a Democrat thing, actually.
00:06:11.000 By the way, President Trump has, of course, maintained that the 2020 election was fraudulent.
00:06:17.000 Calchie Markets disagree.
00:06:19.000 The Calchie Markets, again, they're sponsors.
00:06:22.000 Most people believe that there will be no court ruling that the 2020 election was fraudulent, like a 10% chance at any point that there will be some sort of Ruling that the 2020 election was fraudulent.
00:06:33.000 Again, not a gigantic surprise there.
00:06:35.000 Okay.
00:06:36.000 Meanwhile, in other legal issues in the headlines.
00:06:40.000 So, we talked at length yesterday about this Cornell University alleged gang rape case.
00:06:44.000 And I pointed out that the evidence there was unbelievably scanty, that the original police complaint that was filed by the unnamed Jane Doe in this particular situation did not even allege a lack of consent.
00:06:57.000 And that's sort of a problem.
00:06:58.000 Well, that has not stopped Hollywood from going to bat against Cornell University for supposedly not doing enough.
00:07:04.000 So, Mariska Hargete, who's been synonymous with tackling sex crime stories because she played a sex crime police officer on Lawn Order SVU, used her Instagram story to rail against the Cornell Seven.
00:07:17.000 That's what they're calling the men who engaged in this by reposting the following statements Dear men and boys, if your friends tell you they're gang raping someone, call the effing police. 0.75
00:07:25.000 Yes, I think we should ruin the futures of adult men who drug and gang rape a woman. 0.56
00:07:29.000 Thanks for asking. 0.96
00:07:30.000 57 men were in that frat group chat.
00:07:32.000 57, not one of them stopped it.
00:07:35.000 Meanwhile, heated rivalry star Hudson Wilson said, arrest them, F them, and F Cornell too, and good place in She Hulk actor Jamila Jamil. 0.99
00:07:43.000 She said, I think the likes of the Cornell Seven shouldn't be allowed penises anymore. 0.98
00:07:47.000 They use them as weapons, so now they have to be confiscated. 0.95
00:07:49.000 I think jail time, legal castration, and removal of the shaft seems like the bare minimum.
00:07:54.000 Now, normally, when you're calling for that sort of treatment, you have to identify a crime.
00:08:02.000 I know this is crazy talk.
00:08:04.000 But as I say, the reason that the left is so exercised about this particular case is because they know deep in their heart that something terrible happened here.
00:08:11.000 The terrible thing that happened here is that people consented to acts that are inherently degrading.
00:08:17.000 The woman in this particular case degraded herself.
00:08:20.000 The men treated her in unbelievably degrading ways.
00:08:22.000 It's all a bunch of truly scummy behavior, obviously.
00:08:27.000 But the evidence that this was like a gang rape is, at least the contemporaneous evidence, non existent.
00:08:33.000 I don't mean like it's scanty.
00:08:35.000 It's not even scanty, it is non existent.
00:08:35.000 I'm going to revise that.
00:08:38.000 According to CBS News, CBS News New York investigative reporter Maza Saidi received new screenshots from a source.
00:08:45.000 The source says they showed text between the former student identified as Jane Doe and one of the defendants accused of rape in the lawsuit.
00:08:51.000 The messages were sent just two days after the alleged assault.
00:08:54.000 The man started by apologizing for how things went down.
00:08:56.000 He said his memory is kind of fuzzy and that he and another man feel bad for being too intoxicated to shut it down and kick people out before it got way out of hand.
00:09:03.000 The woman in the text chain replied that her memory is super clouded too and said they had all been heavily intoxicated.
00:09:08.000 She also wrote, None of the sexual stuff was illegal.
00:09:15.000 Admission against interest?
00:09:16.000 Anyone?
00:09:17.000 None of the sexual stuff was illegal.
00:09:20.000 She said she liked being with him and another man.
00:09:23.000 Later, she suggested they smoke together again, but like leave out the extra 5 billion men and ketamine.
00:09:32.000 That sounds like some terrible decision making and, again, incredibly degrading behavior.
00:09:37.000 And like everyone had some regrets about the behavior.
00:09:39.000 Does that sound like illegality?
00:09:41.000 Quote None of the sexual stuff was illegal.
00:09:46.000 Rare win, by the way, for Sonny Hostin.
00:09:48.000 Okay, like this is the only time in human history in which you're going to hear me agree with Sonny Hostin.
00:09:53.000 So here's Sonny Hostin on The View.
00:09:55.000 Pointing out that by legal standards, she consented.
00:09:59.000 She allowed other boys and consented to other boys snorting ketamine off of her body.
00:10:06.000 And under New York law, voluntary intoxication or drug use that merely impairs judgment does not legally constitute an inability to consent to sexual activity, right?
00:10:16.000 So that means if you voluntarily ingest drugs, you voluntarily take alcohol, you can agree to have threesomes, which In her statement, she agreed to have two separate threesomes.
00:10:31.000 One boy did walk in, one young man did walk in and say, everybody out.
00:10:35.000 So there was one person that did that.
00:10:38.000 And according to her statement, three of the young men did not touch her.
00:10:43.000 And so I say all that.
00:10:45.000 The thing I wonder, Sonny, is what you're saying.
00:10:46.000 But I say all that to say the pictures of these young men who have not been charged, not been adjudicated, are being plastered all over the internet.
00:10:57.000 I think people are reporting this story inaccurately.
00:11:00.000 I think they're reporting it unfairly.
00:11:02.000 And while this is something that we have to take very seriously, there is no way, according to her statement in 2024, that any prosecutor would have brought the case.
00:11:13.000 Again, Sonny Hostin happens to be correct.
00:11:16.000 And by the way, if we're going to redefine intoxicated sex as rape, I don't know where that ends precisely.
00:11:23.000 Like, truly, I really don't know where that ends.
00:11:25.000 If you voluntarily have a couple of drinks and then have sex, and this is now considered rape, How do you draw that legal standard?
00:11:33.000 At what level of legal intoxication?
00:11:35.000 You have to take a blood test?
00:11:36.000 How does that work precisely?
00:11:38.000 And this is all a mess, and it's a mess because no one has the moral language to just condemn bad behavior without trying to buttonhole that into some sort of legal charge.
00:11:47.000 Okay, speaking of legal issues, the juror, the holdout juror, Michael Desronville, who is the holdout juror in the Lindsey Clancy trial, he did an interview with Fox in which he explained his perspective.
00:12:07.000 He says, Listen, I don't want to be the center of the story.
00:12:10.000 I just want the focus put back on the kids who were murdered by Lindsey Clancy.
00:12:15.000 Here he was.
00:12:15.000 Again, he sounds like a class act.
00:12:17.000 Whether you agree with him or disagree with him, I don't see any evidence that this person is some sort of intransigent, evil person, which is how the entire media have attempted to play him.
00:12:26.000 Hi, my name is Michael Peggy Desronville, also known as the Lone Jour.
00:12:32.000 I know the whole focus has been on me, but we want to reel everything back and put the focus on the three angels that are at hand the ones that can't speak for themselves, the ones that can't defend themselves, and the ones that can't fight the battles.
00:12:49.000 And those are Cora, Dawson, and Callan.
00:12:54.000 This guy is supposed to be a bad guy.
00:12:56.000 And he was demonized by the attorney for the defense.
00:13:03.000 And here was Kevin Reddington, who is the attorney for Lindsey Clancy, blaming that juror for having robbed the jury of seven weeks.
00:13:12.000 I think the biggest misconception is that this individual is referred to as the holdout juror.
00:13:17.000 He, in fact, is the obstructionist juror.
00:13:20.000 And every motion that has been filed is legitimate, it's all based on sound law facts.
00:13:27.000 Jury questions, and I'm doing what I should do representing Lindsay.
00:13:31.000 Okay, again, the lawyer for Desranville, again, Edward Paltic, he says that Reddington going after the juror is a violation of the Sixth Amendment.
00:13:41.000 And he is right.
00:13:42.000 I mean, the fact that Reddington has behaved horribly throughout this entire trial.
00:13:46.000 I find it richly ironic that after Kevin Reddington outed Michael and stood on the courthouse steps and said, Michael has.
00:13:59.000 An agenda.
00:14:00.000 Michael robbed the other jurors.
00:14:02.000 I find it richly ironic that now all of a sudden he's calling him John Doe after the damage was already done.
00:14:10.000 And the question now is do we want to have a Constitution?
00:14:13.000 Do we want to have a Sixth Amendment?
00:14:15.000 Do we want jurors to feel safe when they show up to perform their civic duty?
00:14:21.000 Because we're not going to have a criminal justice system if jurors are afraid of reprisals.
00:14:28.000 And what Kevin Reddington is doing here, he is setting a nightmarish precedent.
00:14:35.000 And what would happen next time if it's the district attorney that didn't get his way because of a holdout juror?
00:14:43.000 What are we going to have now?
00:14:44.000 The prosecution doing this?
00:14:47.000 Because the tables always turn, things always change.
00:14:50.000 It's the principle that matters here.
00:14:52.000 And we're consistent about that.
00:14:55.000 Kevin Reddington isn't.
00:14:57.000 Again, whatever you think of the actual verdict here, whatever you think of the actual verdict, the reality is that the treatment of this juror is insane, truly crazy.
00:15:05.000 As the New York Post points out, Kevin Reddington likely violated the Constitution by revealing Michael P. Desranville's identity and then accusing him of being an obstructionist for not agreeing with others who felt the mom should be cleared for murdering her three young kids she strangled with exercise bans.
00:15:18.000 Desranville, a devout Catholic and Haitian immigrant, was thrown into the limelight when he was revealed to be the man who defied his 11 co jurors who had concluded Clancy was innocent of killing her three children by reason of insanity.
00:15:30.000 Now, again, the fact that this has turned into some sort of referendum on the juror. Is truly crazy.
00:15:36.000 It is wild.
00:15:37.000 And Reddington is out of his mind.
00:15:38.000 I mean, Reddington is now arguing renewed motion for required finding not guilty, asking the judge to find the evidence presented at trial was legally insufficient for a rational jury to find Clancy guilty beyond a reasonable doubt.
00:15:51.000 So, again, that's a long shot.
00:15:52.000 Basically, he's arguing that there is no possible way a jury could have come up with this verdict.
00:15:59.000 And then he says, Is there evidence Lindsay killed her kids?
00:16:02.000 I feel like there is definitely evidence that Lindsay Clancy killed her kids.
00:16:05.000 I'm pretty sure.
00:16:06.000 Case further indicates that the evidence must.
00:16:10.000 Not just be some record evidence.
00:16:14.000 It has to be reliable and it has to be sufficient that would allow a rational juror to make a determination beyond a reasonable doubt.
00:16:27.000 Not just that there's some record evidence that touches on each element of the offense.
00:16:33.000 So I asked the court to hearken back to the evidence that was presented and ask yourself where's the evidence that she did this?
00:16:42.000 Where is the evidence that she did this?
00:16:46.000 Where's the evidence that she did it? 0.72
00:16:47.000 I mean, like that she did it.
00:16:49.000 That would be the evidence.
00:16:52.000 But it is amazing how the headline always obscures the actual story.
00:16:55.000 What an amazing video you just watched.
00:16:57.000 Wasn't that amazing?
00:16:58.000 Well, you know, if you think so, head on over to dailywire.comslash subscribe to watch the full show ad free or check out this crazy story here.