The Ben Shapiro Show - The Covid Tyrant | Ep. 1335

00:00:00.000 President Biden shouts at the unvaccinated, slanders Republican governors, and announces a federal vaccine mandate without any legal authority.

00:00:07.000 I'm Ben Shapiro.

00:00:08.000 This is the Ben Shapiro Show.

00:00:15.000 This show is sponsored by ExpressVPN.

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00:00:21.000 We'll get to all the news in just one moment.

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00:01:29.000 Okay, let's be real about this. 0.65

00:01:32.000 Joe Biden is a failed president. 0.97

00:01:33.000 He's a failed president. 0.96

00:01:34.000 He failed in Afghanistan, and he blames everybody else. 0.83

00:01:37.000 He has failed on the economy, and he blames everybody else.

00:01:40.000 And he has failed on COVID, and so he blames everybody else.

00:01:42.000 And what this necessitates is Joe Biden making policy moves that are unlikely to result in any sort of serious improvement for the American people, but are simply designed to shift blame away from himself.

00:01:54.000 So just like the Americans stuck in Afghanistan eventually said the administration are there because they want to be there.

00:01:59.000 It's their fault that they are stuck there, not our fault for running the worst Nope.

00:02:06.000 It's really not about that.

00:02:08.000 It's about the Americans stuck there. 0.68

00:02:10.000 It's their fault.

00:02:10.000 In the same way, Joe Biden's failure to prevent the vaccine mandates and the mask mandates from being promulgated in blue areas and therefore shutting down the economy, his unwillingness to recognize when we have reached the end of a pandemic and it has now just become endemic, His failures there have now necessitated that he take this extremely harsh action that is unlikely to ever be implemented because, frankly, no one is going to comply.

00:02:35.000 So, we'll get into the policy of this in just one second, and why I say that this thing is never going to be implemented on a wide scale, why it is likely to be struck down, why it's almost unenforceable, even were it not to be struck down.

00:02:46.000 But, Last night, Joe Biden made the most authoritarian move that I have seen in the last 10, 15, 20 years of American politics.

00:02:56.000 I'm having a hard time pegging it exactly because we've seen authoritarian moves before.

00:03:00.000 Very often, it turns out, Democratic presidents have a bad habit of saying, I don't have the power to do X. And then five seconds later, they just do it.

00:03:06.000 So you remember Barack Obama said over and over and over, I don't have the power to simply stop enforcing immigration law.

00:03:11.000 And then he just did it.

00:03:13.000 And you'll remember that Joe Biden said, I don't have the power to issue an eviction moratorium via the Centers for Disease Control.

00:03:19.000 And then he just did it.

00:03:21.000 Well, you'll recall that this administration has over and over and over said they do not have the power to issue any sort of a vaccine mandate.

00:03:27.000 Here's Joe Biden back in December of last year saying he didn't agree with the idea of a federal vaccine mandate.

00:03:31.000 This was after the election.

00:03:36.000 No, I don't think it should be mandatory.

00:03:38.000 I wouldn't demand to be mandatory, but I would do everything in my power, just like I don't think masks have to be made mandatory nationwide.

00:03:46.000 I'll do everything in my power as President of the United States to encourage people to do the right thing, and when they do it, demonstrate that it matters.

00:03:55.000 Okay, so that was back in December.

00:03:57.000 And then in July, his own press secretary, Jen Psaki, said, don't worry, there's not gonna be a federal vaccine mandate.

00:04:01.000 We're not even thinking about that. 0.99

00:04:03.000 Liars, liars, liars. 0.99

00:04:04.000 Because again, as soon as things got bad, it was time for Joe Biden to shift blame. 0.99

00:04:08.000 And again, that's what this policy is really about.

00:04:10.000 His entire policy here is about shifting blame from himself and his failures of policy to the unvaccinated. 0.90

00:04:16.000 So here is Jen Psaki back in July saying no vaccine mandate.

00:04:19.000 Perhaps the federal government should step in and issue mandates, and if not, are you putting the needs of unvaccinated people ahead of the needs of vaccinated people?

00:04:29.000 Well, I think the question here, one, that's not the role of the federal government.

00:04:33.000 That is the role that institutions, private sector entities, and others may take.

00:04:38.000 That certainly is appropriate.

00:04:39.000 That literally is not the role of the federal government, says Jen Psaki.

00:04:43.000 Well, until yesterday, at which point the Biden administration, seeking to shift blame away from Afghanistan and focus away from Afghanistan, and seeking to shift blame away from the economic stagnation, shifted away from the administration, decided the people you really should hate are your fellow Americans.

00:04:56.000 Those are the people you should hate.

00:04:57.000 The unvaccinated who live next door to you. 0.99

00:04:59.000 Those are the people you should hate.

00:05:00.000 This brings me back to a point that I've made one million times at this point.

00:05:03.000 The worried in America, the people who are deeply worried about COVID at this point, are almost entirely the vaccinated.

00:05:09.000 Which is insane.

00:05:11.000 Once you're vaccinated, you should not be worried about whether your neighbor is unvaccinated.

00:05:15.000 It makes no difference to you.

00:05:18.000 This notion that you should be walking around in abject fear because your neighbor is unvaccinated is totally crazy.

00:05:23.000 It is unmoored from scientific reality.

00:05:25.000 First of all, the vaccinated are capable of infecting other people. 0.75

00:05:28.000 Second of all, once you're vaccinated, your chances of hospitalization or death are extraordinarily low because, again, the vaccines are incredibly effective.

00:05:35.000 You want to make people hesitant about the vaccine?

00:05:37.000 Keep telling them that even after you're vaccinated, the unvaccinated might infect you and you might die.

00:05:42.000 It's a completely mixed, confused message.

00:05:45.000 But again, it is not about consistency.

00:05:47.000 It is not about efficacy.

00:05:48.000 It is not about actually achieving more vaccines.

00:05:50.000 All this is is about shifting blame away from Joe Biden being a failure of a president.

00:05:55.000 The economic stagnation that we are seeing is not, in fact, the result of the Delta variant.

00:05:59.000 The economic stagnation that we are seeing is a pure result of bad policy being made in blue states and by the federal government.

00:06:05.000 It's about the media scaring the living hell out of people so they don't want to go to stores.

00:06:07.000 It's about people in blue states saying you can't go back to work because even if you're vaccinated, you might get sick again.

00:06:12.000 There is a reason I keep repeating this because it's true.

00:06:15.000 There is a reason that all of the best states in America in terms of unemployment rate are red and all of the worst states in America in terms of unemployment rate are blue.

00:06:23.000 There is a reason for that.

00:06:25.000 It is because a huge swath of this country has been completely disconnected from the reality of the science.

00:06:32.000 Disconnected from the reality of the statistics.

00:06:34.000 And so Joe Biden is now saying, you need to blame your neighbor.

00:06:37.000 Don't blame me for the lockdowns.

00:06:38.000 Don't blame me for the mandates.

00:06:39.000 Blame your neighbor.

00:06:39.000 It's their fault that I'm doing this.

00:06:41.000 Or maybe it's your fault for doing it.

00:06:44.000 Maybe it's your fault for doing it.

00:06:45.000 You can see the blame shifting in real time.

00:06:46.000 It's ugly and it is un-American. 0.99

00:06:48.000 It's un-American to say, I have to take this policy against you because your fellow Americans are doing something bad.

00:06:53.000 So now I'm taking this policy and I'm doing it against all of you.

00:06:57.000 And you should hate your neighbor, right?

00:06:58.000 It's the full metal jacket style governance, right?

00:07:01.000 Somebody in your barracks didn't do the proper thing.

00:07:04.000 So now all of you have to do pushups. 0.85

00:07:05.000 And later you can go over to that guy and put some soap in a bed sheet and beat the living hell out of him. 0.98

00:07:11.000 That is Joe Biden's style of governance. 0.83

00:07:13.000 It is, in fact, un-American. 0.90

00:07:15.000 And it's evidence that he is a failure as both a president and as a decent human being with the kind of power that he's attempting to wield. 0.98

00:07:22.000 In one second, we'll get to Joe Biden's ridiculous and horrifying speech. 0.97

00:07:26.000 Frankly, the stuff that he was saying yesterday. 0.87

00:07:29.000 Is there a low for Biden?

00:07:31.000 There is no floor.

00:07:32.000 There really is not.

00:07:33.000 I thought that the worst speech that I'd heard was the speech that he gave like last week upon the withdrawal from Afghanistan, where he championed himself and pat himself on the back while hundreds of Americans were still stuck behind enemy lines.

00:07:43.000 Fast forward one week, and now he's calling his fellow Americans, treating them as his subjects.

00:07:48.000 They're not citizens anymore.

00:07:49.000 They are just the people that he gets to order around.

00:07:51.000 And if they don't do what he says, he will force them to do what he says.

00:07:55.000 It is dictatorial, authoritarian stuff.

00:07:57.000 It really is amazing.

00:07:58.000 We'll get to that in just one second.

00:08:00.000 First, let us talk about the fact that look around your house right now.

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00:08:07.000 You redecorated it not all that long ago.

00:08:10.000 There's something about it that's still like a little off, right?

00:08:11.000 Still a little dingy.

00:08:12.000 It's your window coverings.

00:08:13.000 I know you haven't thought about that.

00:08:14.000 You still have the old curtains from the person who lived in your house before you bought it or your apartment before you rented it.

00:08:19.000 But if you change the window coverings, you can change the way light comes into the room.

00:08:22.000 It really does change the entire look and feel of your house or of your apartment.

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00:09:10.000 When you check out online, don't forget to tell them you heard about Blinds.com from the Ben Shapiro show, rules and restrictions may apply.

00:09:15.000 Alrighty, so last night, Joe Biden wanders out to the microphone about five o'clock in the afternoon, because again he has to make that early bird special over at Denny's.

00:09:25.000 And he proceeds to yell at you.

00:09:27.000 It's Grandpa Simpson yelling at the clouds.

00:09:29.000 He's going to yell at you if you're unvaccinated.

00:09:31.000 And you know what?

00:09:32.000 He's going to yell at you if you're vaccinated, too.

00:09:33.000 Because the fact is, if you were just madder at your neighbor, if you were more angry at the person who lives next door to you, then that would fix the country.

00:09:40.000 So he starts off by talking about how frustrated he is with the people who are still not vaccinated.

00:09:45.000 Right?

00:09:45.000 Again, this is a free country.

00:09:48.000 Or it used to be.

00:09:50.000 I'm not angry at the people who aren't vaccinated.

00:09:52.000 I'm not.

00:09:53.000 Again, I am very pro-vaccine.

00:09:55.000 I've told everybody in my office I think they ought to get the vaccine.

00:09:57.000 Many of them didn't listen.

00:09:58.000 That is their business.

00:09:59.000 That doesn't make me angry because I'm not a tyrant. 0.97

00:10:02.000 Joe Biden is a tyrant.

00:10:03.000 So it makes him super angry when people don't listen to him and the people that it impacts are the people who didn't listen to him.

00:10:10.000 Again, this would be one thing if the unvaccinated were actually posing a danger to the people who are vaccinated.

00:10:15.000 They are not. 0.99

00:10:16.000 But that mixed message was completely elided here, because again, this is not about anything other than Joe Biden is a damned coward who wants to shift the blame for his own failures onto the backs of other Americans. 0.99

00:10:26.000 So here he is. 0.97

00:10:28.000 Many of us are frustrated with the nearly 80 million Americans who are still not vaccinated, even though the vaccine is safe, effective, and free.

00:10:38.000 Okay, how about the Americans who have natural immunity?

00:10:40.000 There are studies after studies showing that natural immunity is more durable than vaccine immunity.

00:10:46.000 And yet there are no provisions in Joe Biden's proposed rule for people who have antibodies, for people who already have natural immunity.

00:10:54.000 None, because this isn't about science.

00:10:55.000 It's about yelling at people.

00:10:57.000 He continues along these lines.

00:10:58.000 He just kept hammering this over and over.

00:11:00.000 If you're unvaccinated, it's your fault I'm doing this. 1.00

00:11:03.000 It's your fault that I'm hurting everybody.

00:11:06.000 It's not my fault I'm hurting you.

00:11:07.000 It's your fault that I'm hurting you.

00:11:10.000 Here's Joe Biden.

00:11:11.000 The vast majority of Americans are doing the right thing.

00:11:15.000 Nearly three quarters of the eligible have gotten at least one shot.

00:11:21.000 But one quarter has not gotten any.

00:11:24.000 That's nearly 80 million Americans not vaccinated.

00:11:28.000 And a country as large as ours, that's 25% minority.

00:11:33.000 That 25% can cause a lot of damage, and they are. 0.97

00:11:36.000 To whom?

00:11:37.000 To whom?

00:11:39.000 To the 25%, right? 0.93

00:11:42.000 Which Joe Biden freely admits. 1.00

00:11:45.000 This is how you know that he's a dishonest, lying sack of... This is how you know it. 1.00

00:11:50.000 Because when he says that they're causing a lot of damage, again, the rule of externalities, which is where government very often comes into play, is I can wave my fist around until it hits you in the face.

00:12:00.000 That is the general rule of externalities.

00:12:02.000 But what Joe Biden is now saying is that he gets to intervene if I wave my fist around and it hits me in the face.

00:12:08.000 If you're unvaccinated, you are not a danger to the vaccinated.

00:12:11.000 You know who knows this?

00:12:12.000 Joe Biden, who said it last night.

00:12:16.000 I want to emphasize that the vaccines provide very strong protection from severe illness from COVID-19.

00:12:24.000 I know there's a lot of confusion and misinformation, but the world's leading scientists confirm that if you are fully vaccinated, your risk of severe illness from COVID-19 is very low.

00:12:38.000 In fact, based on available data from the summer, Only one out of every 160,000 fully vaccinated Americans was hospitalized for COVID per day.

00:12:50.000 So what the hell are you trying to yell at people for?

00:12:53.000 I don't understand. 0.63

00:12:55.000 I'm vaccinated.

00:12:56.000 Again, I do not give... You can ask the people in my office.

00:13:00.000 As soon as I was two weeks out from my final vaccination, I came into the office and people had been masking up, right?

00:13:06.000 Many of the people in the office had been masking because I was concerned about me getting it and transmitting to my parents who are 65.

00:13:11.000 I wasn't particularly worried about me getting sick, but I was worried about transmitting to my parents.

00:13:15.000 And then I came in and people said, you know, do you want us to wear the mask?

00:13:19.000 I said, first of all, like, I never told you you had to wear the mask, but if you want to take it off, I really don't care now.

00:13:23.000 Like, I really don't care because it doesn't matter to me.

00:13:25.000 Joe Biden is saying it shouldn't matter to you.

00:13:27.000 Once you are vaccinated, you are safe.

00:13:30.000 You should still be angry at the unvaccinated. 1.00

00:13:32.000 Right?

00:13:33.000 And he just continues along these lines.

00:13:34.000 It makes no sense.

00:13:36.000 Here he is saying another incoherent, nonsensical thing.

00:13:39.000 The vast majority of you who've gotten vaccinated, I understand your anger at those who haven't gotten vaccinated.

00:13:47.000 I understand the anxiety about getting a breakthrough case.

00:13:51.000 But as the science makes clear, if you're fully vaccinated, you're highly protected from severe illness.

00:14:00.000 Even if you get COVID-19.

00:14:03.000 In fact, recent data indicates there is only one confirmed positive case per 5,000 fully vaccinated Americans per day.

00:14:13.000 You're as safe as possible.

00:14:15.000 We're doing everything we can to keep it that way.

00:14:18.000 Keep it that way.

00:14:19.000 Keep you safe.

00:14:20.000 Okay, so this old man is telling you that you're safe once you're vaccinated.

00:14:24.000 But then he says this.

00:14:26.000 He says, now you're not safe.

00:14:28.000 So on the one hand, you're safe because you got vaccinated.

00:14:30.000 On the other hand, you're unsafe.

00:14:32.000 Now, let me ask, why is he saying you're unsafe?

00:14:35.000 The reason he's saying you're unsafe is because he wants the lockdowns.

00:14:38.000 He wants the mandates.

00:14:39.000 He wants those things so he can justify his failed economic policies, so he can justify a turn away from your focus on Afghanistan, and so that he can justify you being angry, not at him, but at somebody else.

00:14:50.000 Be mad at anybody, just not Joe Biden.

00:14:52.000 This is the Biden doctrine in a nutshell.

00:14:54.000 Be angry at everybody except for Joe Biden.

00:14:56.000 Let's get to more of this cowardice in just one second.

00:14:58.000 First, let us talk about the fact that there are still 10 million open jobs in the United States.

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00:16:11.000 Okay, so...

00:16:12.000 He says you're safe, right?

00:16:13.000 You're safe from COVID.

00:16:15.000 But then he says you're not safe from COVID.

00:16:17.000 So you're safe, but not so safe.

00:16:18.000 You're super safe, guys.

00:16:19.000 The vaccine is great, and it works fantastic.

00:16:21.000 Also, you're deeply unsafe from your colleagues, which is why we have to restrict all of you.

00:16:25.000 It's why we have to restrict them. 0.93

00:16:27.000 They're the bad guys, right?

00:16:28.000 We have to make sure that you don't work as a vaccinated person next to an unvaccinated person. 1.00

00:16:33.000 Here's Joe Biden saying incoherent nonsense as per his usual routine.

00:16:36.000 The bottom line, we're going to protect vaccinated workers from unvaccinated coworkers.

00:16:43.000 We're going to reduce the spread of COVID-19 by increasing the share of the workforce that is vaccinated in businesses all across America.

00:16:52.000 He just said, if you're vaccinated, you're safe.

00:16:54.000 Now he's saying if you're vaccinated, you have to be protected from your unvaccinated co-workers. 0.53

00:16:58.000 Again, this is about yelling at people who are not Joe Biden.

00:17:02.000 And then he continues to just berate unvaccinated Americans.

00:17:04.000 By the way, if you want to get unvaccinated Americans to vaccinate, you know what you don't do? 1.00

00:17:09.000 You don't get on TV and yell at them about how dumb they are. 0.99

00:17:12.000 You try to convince them. 0.99

00:17:13.000 You try to actually work with them.

00:17:15.000 You try to get them to go see a doctor who's going to tell them.

00:17:18.000 You say, listen, you're an individual.

00:17:20.000 Go to your doctor and ask what's best for you and let the doctor do the work.

00:17:23.000 Things that you can do to convince unvaccinated Americans to get vaccinated.

00:17:26.000 And then there's going to be a hardcore of people who don't want to get vaccinated, and that's their choice.

00:17:31.000 That is their prerogative.

00:17:32.000 Because as Joe Biden says, if you are vaccinated, you are safe.

00:17:37.000 If you are vaccinated, you are safe.

00:17:39.000 That is what the science says.

00:17:40.000 But now we're going to implement policies based on the precise reverse, that if you're vaccinated, you're somehow not safe.

00:17:46.000 So again, he's just going to yell more at the unvaccinated.

00:17:48.000 It's unreal.

00:17:50.000 My message to unvaccinated Americans is this.

00:17:54.000 What more is there to wait for?

00:17:58.000 What more do you need to see?

00:18:01.000 We've made vaccinations free, safe, and convenient.

00:18:06.000 The vaccine has FDA approval.

00:18:08.000 Over 200 million Americans have gotten at least one shot.

00:18:14.000 We've been patient, but our patience is wearing thin, and your refusal has cost all of us.

00:18:22.000 No, it hasn't.

00:18:24.000 It has not.

00:18:25.000 It has cost the other unvaccinated.

00:18:27.000 Your refusal has not.

00:18:28.000 I live in Florida.

00:18:28.000 You know what the unvaccinated's refusal has cost me?

00:18:32.000 Nothing.

00:18:33.000 Nothing. 1.00

00:18:34.000 It hasn't cost me except for some dictatorial idiots in the bureaucracy who insist that we mask kids for no apparent data reason. 1.00

00:18:43.000 Or some idiotic bureaucratic Ninnies who think that they get to mandate that you can't go into a business or something. 1.00

00:18:51.000 And that's their choice. 1.00

00:18:53.000 OK, that is that is the choice of the bureaucracy.

00:18:55.000 If you don't like the rules coming from the bureaucrats, that's the fault of the bureaucrats.

00:18:58.000 That is not the fault of the people who live next door to you who don't think like you do about the vaccine.

00:19:03.000 I keep coming back to this. 0.94

00:19:05.000 It is such cowardice. 0.68

00:19:06.000 It's unbelievable cowardice here from the President of the United States.

00:19:10.000 And then he continues along these lines and he decides he's going to yell at elected officials, right?

00:19:14.000 He's going to say, it's not just the unvaccinated.

00:19:16.000 That's not the biggest problem.

00:19:17.000 The biggest problem is also that we have governors.

00:19:20.000 Governors who are not pushing vaccinations.

00:19:22.000 Now, I have a question.

00:19:23.000 Which governor isn't pushing vaccinations?

00:19:25.000 Can you name a single one?

00:19:27.000 Ron DeSantis has been pushing vaccinations since day one.

00:19:29.000 In fact, there's a 60 Minutes article, a 60 Minutes story, about how terrible Ron DeSantis was, such a terrible human being, for vaccinating the elderly first and getting publics to disseminate the vaccine.

00:19:41.000 So, Republican governors, Abbott, Lee, Noem, DeSantis, they've all been pushing the vaccine.

00:19:48.000 They've all been saying that you should get the vaccine.

00:19:51.000 Okay, so it is not about Republican governors not saying you should get the vaccine.

00:19:54.000 Every single one has pushed the vaccine so far as I am aware.

00:19:58.000 It is about the fact that they are not mandating masks.

00:20:00.000 It's about the fact that they still want you to be able to live your life, which is why their states are doing better, economically speaking, than blue states that Joe Biden agrees with.

00:20:09.000 So on the one hand, he is saying, if you're vaccinated, you're safe.

00:20:11.000 And if you're unvaccinated, the pandemic applies to you. 1.00

00:20:13.000 On the other hand, he is saying, damn it, these stupid red state governors and their unwillingness to protect the unvaccinated from the other unvaccinated through mask mandates and from the vaccinated through mask mandates. 1.00

00:20:24.000 He can't have it both ways, but he is wanting to have it both ways. 1.00

00:20:28.000 So here he is yelling at governors.

00:20:30.000 What makes it incredibly more frustrating is we have the tools to combat COVID-19.

00:20:37.000 And a distinct minority of Americans, supported by a distinct minority of elected officials, are keeping us from turning the corner.

00:20:45.000 These pandemic politics, as I referred to, are making people sick, causing unvaccinated people to die.

00:20:54.000 We cannot allow these actions to stand in the way of protecting the large majority of Americans who have done their part.

00:21:02.000 I want to get back to life as normal. 0.95

00:21:04.000 This is Orwellian bulls**t. 0.98

00:21:06.000 It's unbelievable. 0.99

00:21:07.000 He said, OK, so he is saying that if you don't put down a mask mandate, you are causing unvaccinated people to die.

00:21:12.000 No, you are not.

00:21:13.000 The unvaccinated, according to Joe Biden himself, one second ago, within the last second, according to Joe Biden, the unvaccinated are causing the unvaccinated to die by not vaccinating.

00:21:23.000 Mandating masks isn't causing or failure to mandate masks is not causing the unvaccinated to die.

00:21:29.000 The unvaccinated not vaccinating is causing the unvaccinated to die. 0.86

00:21:34.000 And when he says, we can't allow these actions to stand in the way of protecting the majority of Americans who've done their part and want to get back to life as normal, I've been back to life as normal since day that I got vaccinated.

00:21:43.000 So have my parents. 0.99

00:21:44.000 So has everybody else vaccinated who is not out of their damned mind. 0.99

00:21:47.000 The minute you got vaccinated, you were good to go. 0.99

00:21:51.000 But according- Joe Biden says that!

00:21:52.000 He says it!

00:21:53.000 And then he's still like, no, no, no.

00:21:54.000 In order to prevent my authoritarian mandates, we have to go after these unvaccinated people. 1.00

00:22:00.000 It's their fault I'm doing this to you.

00:22:02.000 Joe Biden is now the seven-year-old kid with the four-year-old little brother, taking the four-year-old's hand, smacking the four-year-old in the face and going, why are you hitting yourself?

00:22:08.000 Why are you hitting yourself?

00:22:11.000 That is who the President of the United States is.

00:22:13.000 He is hitting you. 1.00

00:22:14.000 This is his stupid policy. 1.00

00:22:16.000 It makes no sense. 1.00

00:22:19.000 And then he continues along these lines, going after other elected officials.

00:22:23.000 To make matters worse, there are elected officials actively working to undermine the fight against COVID-19.

00:22:30.000 Instead of encouraging people to get vaccinated and mask up, they're ordering mobile morgues for the unvaccinated dying from COVID in their communities.

00:22:42.000 This is totally unacceptable.

00:22:44.000 Who is the governor who is not urging people to get vaccinated?

00:22:47.000 Notice how he slipped in and mask up?

00:22:49.000 But again, why should the vaccinated mask up to protect the unvaccinated who have made the choice not to get vaccinated?

00:22:57.000 We'll get to his policy in a second because his policy is utterly, again, disconnected from constitutional reality or from enumerated powers.

00:23:03.000 Basically, we now live under the auspices of an administrative blob that can do whatever the hell it wants to you at any time based on vague authorities granted to it by a cowardly Congress over the course of the last 50 years.

00:23:14.000 That's what we live under.

00:23:15.000 We live under the dictatorship of the bureaucracy.

00:23:20.000 The paper pushers run the country at the behest of old, senile men yelling at you.

00:23:25.000 We'll get to more of this in one second.

00:23:27.000 It's outrageous.

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00:24:28.000 Head on over to policygenius.com slash ShapiroHome to get started right this very instant policy genius when it comes to insurance it's nice and quite important to get it right okay finally we get to joe biden's policies so up till now we've just been talking about his approach his approach is simultaneously if you're vaccinated you're safe but also you're super unsafe from the unvaccinated also governors who urge you to get vaccinated are bad because they also didn't urge you to mask because we have to protect the unvaccinated from the vaccinated even though what we're actually trying to do is get the unvaccinated vaccinated This is his approach.

00:24:58.000 And by the way, all the policies that I am cramming down on you are the fault of your fellow Americans, not my fault. 0.98

00:25:04.000 That is what the President of the United States, this doddering fool, is saying to you. 0.98

00:25:08.000 Then we get to the actual policy. 0.98

00:25:10.000 And the policy is not only nonsensical, it completely runs roughshod over the constitutional division between the federal government and the state.

00:25:17.000 So let's be clear about this.

00:25:18.000 States do have enormous power in the area of public health.

00:25:22.000 The federal government does not.

00:25:24.000 The reason the federal government does not is because, typically speaking, the founding fathers did not want to give a giant overarching public health bureaucracy the ability to mandate things on millions of Americans.

00:25:36.000 The notion that the federal government could, using an administrative bureaucracy without any congressional action, simply cram down on some 100 million Americans working at companies that have over 100 employees, a mandate that they either get tested every week or get vaccinated or get fired, and the threat to fine every company 14 grand for every violation, which is the threat to bankrupt every major company or midsize to major company in the United States.

00:26:00.000 You know, that is the notion you could do that without any sort of congressional approval.

00:26:06.000 Let alone any sort of constitutional edifice to support this on.

00:26:10.000 It just demonstrates that the administrative bureaucracy really runs the country and that our country is no longer run by elected officials.

00:26:17.000 Basically, you have a dictator who sits at the top of the executive branch and he tells his lawyers to go find some excuse in some vaguely worded enabling document for a three letter bureaucracy or four letter bureaucracy.

00:26:29.000 And just go do what I want.

00:26:30.000 That's the way government is now run.

00:26:32.000 We elect our dictator once every four years, and then he just tells the entrenched bureaucracy to go find an excuse for him to do whatever the hell he wants.

00:26:39.000 And then we wait for the courts to maybe save us or maybe not.

00:26:42.000 Okay, so, Joe Biden begins his announcement of what these vaccine policies are going to look like, and we're going to go through the details of his vaccine policies in just one second.

00:26:50.000 He begins it by saying this isn't about freedom of personal choice.

00:26:54.000 Yes, it is.

00:26:56.000 Yes it is.

00:26:57.000 It would not be about freedom of personal choice if you were talking about externalities to other people who had no capacity to protect themselves.

00:27:03.000 Right?

00:27:03.000 I'm not allowed to pollute a river and then say that that is freedom of personal choice because other people drink from the river.

00:27:09.000 I am allowed to say I do not wish to protect myself from this thing for whatever reason so long as it is not affecting you.

00:27:18.000 That's the whole point.

00:27:19.000 Once the vaccinations are in place, it is not affecting anybody who wants to be protected.

00:27:24.000 But here is Joe Biden denying it's about freedom or personal choice, because again, he gets to tell you what freedom or personal choice constitute.

00:27:30.000 Freedom is what he says it is.

00:27:31.000 Personal choice is what he says it is.

00:27:34.000 Me running my business the way I see fit and allowing my employees to live the way they see fit.

00:27:38.000 That is not freedom.

00:27:39.000 Freedom is him telling us what to do.

00:27:42.000 Freedom extends just as far as Joe Biden's grasp.

00:27:45.000 Here is Joe Biden on this particular topic.

00:27:48.000 This is not about freedom or personal choice.

00:27:52.000 It's about protecting yourself and those around you, the people you work with, the people you care about, the people you love.

00:28:02.000 My job as president is to protect all Americans.

00:28:07.000 So tonight, I'm announcing that the Department of Labor is developing an emergency rule to require all employers with 100 or more employees That together employ over 80 million workers to ensure their workforces are fully vaccinated or show a negative test at least once a week.

00:28:31.000 Okay, so his policy is now that via the Department of Labor and OSHA, via a four-letter bureaucracy, they are going to tell every major business in the United States That you need to either force your workers to get vaccinated or force them to show a negative test at least once a week.

00:28:50.000 This is this is his proposal.

00:28:50.000 Right?

00:28:51.000 Now, how exactly is this going to be implemented?

00:28:54.000 Nobody knows.

00:28:55.000 He doesn't make any of this clear.

00:28:56.000 And in fact, members of the media are asking about it.

00:28:59.000 First of all, there are, as we'll see in a second, there are a bunch of exceptions to his rule.

00:29:03.000 It turns out that if you're a special, meaning if you work for the federal government and you have a union, then you're protected.

00:29:07.000 But if you're a private business owner, he is going to screw you beyond imagining.

00:29:11.000 He's threatening, again, a $14,000 fine for every person who is not forced to comply with the vaccine or testing regimen.

00:29:19.000 So we have like 200 employees at Daily Wire.

00:29:20.000 Let's say 100 of them are vaccinated and 100 aren't.

00:29:23.000 So according to Joe Biden, if we at Daily Wire refuse to test these people once a week and show negative tests or force them to get vaccinated, then every single violation for every single employee, every single week is findable to the tune of $14,000.

00:29:37.000 Which means, last I checked, if that's 100 employees, you're talking about $1.4 million a week.

00:29:44.000 A week, right?

00:29:44.000 So he's getting bankrupt, every business in America.

00:29:46.000 What that's going to require is an enormous, huge new bureaucracy whose job it is to just monitor all these businesses doing their reporting requirements, or they're going to have to send people down to make sure that you are not actually falsifying the data.

00:30:03.000 This is truly totalitarian sort of stuff here.

00:30:06.000 Now, again, there are exceptions to his rule.

00:30:10.000 Exceptions to his rule, as it turns out, include people who work for public sector unions.

00:30:14.000 According to the Washington Post, U.S.

00:30:17.000 Postal Service workers were not included in Biden's executive order requiring all federal employees to get vaccinated against the coronavirus, according to a White House official speaking on the condition of anonymity to discuss not-yet-public portions of the President's plan.

00:30:29.000 Now, this is one of the elements of the President's plan.

00:30:31.000 For the private sector, the law.

00:30:34.000 For the public sector, everything.

00:30:36.000 So Joe Biden says he's going to sign an executive order and it's going to require all executive branch federal employees to be vaccinated.

00:30:43.000 Except for the ones who, you know, we have deals with.

00:30:47.000 Next, I will sign an executive order that will now require all executive branch federal employees to be vaccinated.

00:30:56.000 All.

00:30:58.000 I've signed another executive order that will require federal contractors To do the same.

00:31:03.000 If you want to work with the federal government and do business with us, get vaccinated.

00:31:08.000 First of all, he's lying for a huge swath of workers.

00:31:10.000 According to the Washington Post, 644,000 employees, you know, the people who bring you your mail every day, the people who are most likely to be in contact with you, Joe American, every single day.

00:31:19.000 Those people are not going to have to get vaccinated or do the testing regimen because they have a union, the American Postal Workers Union.

00:31:27.000 And that union gives a lot of money to Democrats.

00:31:29.000 So that means that the Postal Service is now exempt.

00:31:33.000 Also, according to the Washington Post, the largest union representing federal workers pushed back against the specifics of implementation.

00:31:39.000 According to the Washington Post, Everett Kelley, president of the American Federation of Government Employees, says, quote, Put simply, workers deserve a voice in their working conditions.

00:31:50.000 So in all likelihood, if there is a union deal with the federal government, the unions will be exempted.

00:31:55.000 So basically, if you're in the private sector, you are screwed, is the way that Joe Biden is going to attempt to implement this. 0.93

00:32:02.000 Tyrannical, tyrannical. 0.53

00:32:04.000 We're going to get to, by the way, the legality of all this in just one second, after we get through the policy.

00:32:07.000 So he begins with the proposition that if you're a private employer with over 100 employees, then he's going to force you to either force your employees to be vaccinated or get tested once a week and provide a negative COVID test, whether they are symptomatic or asymptomatic.

00:32:21.000 Or fire them, right?

00:32:22.000 That is going to be your job as an employer.

00:32:24.000 Who's going to pay for this?

00:32:25.000 It doesn't make clear.

00:32:27.000 So if you're an employer who has a hundred... First of all, if you're an employer with a hundred employees, you're just going to fire two people, right?

00:32:33.000 Then you're not subject to the mandate.

00:32:35.000 Okay, second, how are you actually going to pay for the testing regimen?

00:32:38.000 Okay, because these tests aren't free.

00:32:39.000 They can cost fifty, a hundred bucks, depending on the kind of test you are doing.

00:32:43.000 So you're talking about adding a burden to mid-sized businesses that may be their entire profit margin.

00:32:48.000 Let's say that you have 200 employees, right?

00:32:51.000 You're a solid size business, but you're not like a massive business.

00:32:54.000 You have 200 employees.

00:32:55.000 And let's say it costs 50 bucks per employee to do these tests.

00:33:00.000 So you're talking about $10,000 a week to do these tests.

00:33:04.000 So that's $40,000 a month.

00:33:05.000 That's an insignificant amount of money.

00:33:08.000 And so what are people going to do?

00:33:10.000 What?

00:33:10.000 Are you going to force your employees to pay for the tests?

00:33:12.000 Just gonna up prices like this is none of this.

00:33:15.000 And again, he's doing all of this at a time when employers are facing inflation.

00:33:20.000 They can't get enough people to actually come back to work in the first place.

00:33:23.000 So that's bad policy.

00:33:25.000 Then he's got his executive order with regard to federal employees, which, as we've discussed, doesn't apply to all federal employees.

00:33:31.000 It doesn't stop there.

00:33:32.000 He also says that he's going to encourage people running large entertainment venues not to allow people in who are unvaccinated. 0.97

00:33:39.000 So now they're gonna check your card at all of the Broadway shows and all of the movie theaters.

00:33:44.000 The movie theaters, by the way, are struggling to come back as it is.

00:33:47.000 So now he's saying he wants them to issue a vaccine mandate with regard to their own customers.

00:33:53.000 He wants college football stadiums to start checking vaccine cards at the door.

00:33:56.000 Good luck with this, Bob.

00:33:57.000 And for other sectors, I issue this appeal to those of you running large entertainment venues From sports arenas to concert venues to movie theaters, please require folks to get vaccinated or show a negative test as a condition of entry.

00:34:18.000 Amazing.

00:34:19.000 Okay, and he didn't stop there.

00:34:21.000 He also wants boosters.

00:34:23.000 By the way, in contravention of two of his top members of Zone FDA and the WHO.

00:34:28.000 We'll get to that in just one second.

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00:35:45.000 We'll get to more on Joe Biden's unconstitutional and authoritarian policies in just one second.

00:35:53.000 First, as we are discussing, Joe Biden's weaponization of OSHA to force all companies with over 100 employees to either mandate vaccines or test their employees for COVID at least once a week is tyrannical.

00:36:03.000 And it's not just tyrannical, it is dictatorial in extremis.

00:36:07.000 It is amazingly dictatorial.

00:36:09.000 And as I say, companies that don't comply are going to face up to $14,000 for each violation.

00:36:13.000 I could be ruinous to businesses all over the country who still want freedom for their employees, including The Daily Wire.

00:36:18.000 As I say, I'm vaccinated.

00:36:20.000 I encourage vaccination.

00:36:21.000 We live in a free country.

00:36:22.000 Americans still have the right to make their own decisions.

00:36:24.000 So we plan on fighting Joe Biden's dictatorial mandate with every resource at our disposal as a company.

00:36:30.000 It's going to be a legal battle.

00:36:30.000 So this is a battle.

00:36:31.000 And we are calling on everybody who's listening to help us fight this obscene, tyrannical mandate.

00:36:36.000 And if you join as a Daily Wire member right now, it's self-serving, but it's true.

00:36:38.000 You will be giving us the resources we need to take this all the way up to the Supreme Court, if necessary.

00:36:43.000 Which, by the way, may end up being quite a good thing for the American public.

00:36:46.000 Go to dailywire.com slash subscribe.

00:36:48.000 Use code DONOTCOMPLY at checkout for 25% off.

00:36:51.000 Americans have been ceding their freedom and their liberty to authoritarian bureaucrats in the name of public health for way too long.

00:36:57.000 Enough is enough.

00:36:58.000 So stand up with us at Daily Wire.

00:37:00.000 And perhaps most importantly, the rights of all American citizens.

00:37:03.000 The code is do not comply to become a member, get 25% off.

00:37:07.000 Also, this weekend we remember the men and women who lost their lives 20 years ago in the most brutal terror attack in American history.

00:37:13.000 I sat down with one of the politicians who shouldered much of the political burden placed on the Bush administration in the aftermath.

00:37:18.000 On last Sunday's episode of the Sunday Special, I was joined by former Secretary of State Condi Rice.

00:37:23.000 She was an excellent moving guest.

00:37:24.000 It's available now if you haven't had the chance to check it out.

00:37:26.000 Again, if you don't remember September 11th because you're too young.

00:37:29.000 Or if you do remember September 11th, but you don't know where things went off the rails, the discussion with Condi is must listening.

00:37:34.000 So go stream it right now at Daily Wire on the Daily Wire Apple TV or Roku app or on my YouTube channel, Ben Shapiro.

00:37:40.000 Daily Wire members get access to special bonus content from Sunday special episodes.

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00:37:49.000 All righty, so Joe Biden's big plans didn't stop at forcing every business in the United States with upward of 100 employees to force their employees to vaccinate or test or to pressure all large entertainment venues to vaccine card everybody.

00:38:09.000 He also has now said that he is going to be pushing booster shots.

00:38:12.000 Now, here's the problem.

00:38:14.000 There's very conflicting evidence on who exactly should get booster shots.

00:38:17.000 And just last week, two top officials at the FDA resigned over the Biden administration's booster shot plan.

00:38:24.000 That, of course, is according to Business Insider.

00:38:26.000 The reason that they left, apparently, is because they didn't like the booster shot plan.

00:38:28.000 vaccine's research and review, and her deputy, Dr. Philip Krause, planned to leave the FDA in October and November, by a century first reported the news on Tuesday.

00:38:37.000 The reason that they left, apparently, is because they didn't like the booster shot plan.

00:38:42.000 The reason they didn't like the booster shot plan is because the Biden administration announced it before the FDA had even done the research on it.

00:38:49.000 So just think about this for a second.

00:38:51.000 Imagine if all of this were Trump. 0.83

00:38:52.000 Remember, Trump was an authoritarian dictator. 0.95

00:38:54.000 He was a tyrant and he was wrecking all of the norms and institutions.

00:38:57.000 And here you have Joe Biden actually doing all this stuff and not a peep.

00:39:00.000 So here's Joe Biden talking about booster shots.

00:39:02.000 Now, listen, I am not anti-booster shots.

00:39:05.000 I think that the data is highly variable based on your age.

00:39:08.000 If you are 30 years old and you had two shots, I'm not sure that you need a third shot.

00:39:12.000 If you're 65, maybe you need a shot.

00:39:13.000 If you're 80, you probably do need a third shot.

00:39:16.000 Okay, but Joe Biden doesn't care about any of that. 0.96

00:39:18.000 He's just throwing s*** at the wall at this point to see what sticks.

00:39:22.000 Last month, our top government doctors announced an initial plan for booster shots for vaccinated Americans.

00:39:32.000 They believe that the booster is likely to provide the highest level of protection yet.

00:39:37.000 Of course, the decision of which booster shots to give, when to start them, and who will give them Will be left completely to the scientists at the FDA and the Centers for Disease Control.

00:39:51.000 By the way, do you believe that?

00:39:53.000 Literally two FDA guys just stepped down yesterday, or last week rather, because he was interfering.

00:39:58.000 In the same way they kept accusing Trump of interfering.

00:40:01.000 He's interfered over and over and over again.

00:40:03.000 The CDC has set standards based on the American Federation of Teachers whims at the behest of the Biden administration.

00:40:08.000 Anthony Fauci shifts his guidance every single week based on what Joe Biden is saying that week.

00:40:13.000 You really believe these are independent agencies?

00:40:15.000 And this is not me being against booster shots. 1.00

00:40:17.000 This is me pointing out that if you think this administration is guided by anything remotely resembling science, you are out of your damned mind. 0.99

00:40:24.000 This is all politics all the way down for these guys. 0.99

00:40:26.000 Which, by the way, is why people are not getting vaccinated.

00:40:28.000 Because they don't trust these people because they are political in the extreme.

00:40:33.000 They're political top to bottom.

00:40:34.000 They're like, why doesn't anyone trust us? 1.00

00:40:35.000 Because you're political hacks and you lie all the damn time. 1.00

00:40:39.000 That's why. 1.00

00:40:40.000 And I'm pro-vaccine.

00:40:41.000 I'm angry at you for keeping people unvaccinated by lying to them for a year.

00:40:47.000 It's unreal.

00:40:48.000 By the way, I'm old enough to remember when the WHO was the gold standard when it came to all of this, right?

00:40:52.000 If you contradicted the WHO on YouTube, then this meant that YouTube would take you down.

00:40:56.000 The WHO has now said that rich countries shouldn't be doing booster shots.

00:41:00.000 The WHO director, Tedros Adhanom Ghebreyesus, said he was appalled at the decision by so many of these countries to push booster shots in the face of huge swaths of the global population that don't actually have a COVID vaccine yet.

00:41:17.000 But Joe Biden didn't stop here.

00:41:18.000 Joe Biden also went after the schools.

00:41:20.000 So he decided that he was going to jabber about how we need to mask up at schools.

00:41:25.000 Again, the data on masking at schools does not exist.

00:41:28.000 There is no data that masking at schools, particularly cloth masks, does a damn bit of difference.

00:41:34.000 There's not one study that demonstrates this for schooling.

00:41:38.000 Here is Joe Biden pushing it anyway.

00:41:40.000 We know that if schools follow the science, and implement the safety measures like testing, masking, adequate ventilation systems to be provided the money for, social distancing, and vaccinations, then children can be safe from COVID-19 in schools.

00:41:59.000 Today, about 90% of school staff and teachers are vaccinated.

00:42:05.000 We should get that to 100%.

00:42:06.000 Okay, so I have a question here.

00:42:08.000 Let's assume that he's right for a second.

00:42:09.000 We need to get the entire school staff vaccinated because they're going to infect the kids or something.

00:42:13.000 Even though the stats show that unvaccinated children, this is new British data, unvaccinated kids are safer from COVID-19 than vaccinated adults.

00:42:20.000 That is how non-deadly COVID is to people under the age of 18 in the United States and abroad.

00:42:27.000 Okay, well, let's just say though that you want to get 100% of the teachers vaccinated.

00:42:31.000 So he just said every private business in the United States is going to be forced to get their people vaccinated or to test once a week.

00:42:38.000 Why can't he do the same in public schools?

00:42:40.000 After all, it is a workplace, is it not?

00:42:42.000 The answer is he's not going to do that because the American Federation of Teachers doesn't want it.

00:42:45.000 He's not going to do that because the NEA might protest.

00:42:48.000 It's all political.

00:42:50.000 It's all political.

00:42:51.000 And how do you know that it's all political?

00:42:52.000 Because he took the time, once again, to go after the governors and to state, by the way, that he's just going to run roughshod over the Constitution.

00:42:58.000 He's like, if governors don't do what I want, I'm just going to blow them down.

00:43:01.000 Here he goes.

00:43:03.000 My plan also takes on elected officials in states that are undermining you and these life-saving actions.

00:43:11.000 Right now, local school officials are trying to keep children safe in a pandemic while their governor picks a fight with them.

00:43:20.000 And even threatens their salaries or their jobs.

00:43:24.000 Talk about bullying in schools.

00:43:29.000 If they'll not help, if these governors won't help us beat the pandemic, I'll use my power as president to get them out of the way.

00:43:36.000 I'll get governors out of the way.

00:43:38.000 This is dictator talk, guys.

00:43:41.000 Under what article of the Constitution does it say that the President of the United States, under Article 2, what provision does it say the President of the United States without any statutory authority can run roughshod over state authority on public health matters?

00:43:53.000 Where?

00:43:54.000 Explain.

00:43:55.000 He doesn't have any of that power, but he's just gonna run over them.

00:43:58.000 And by the way, his own people are saying that.

00:43:59.000 They're using that kind of language on a regular basis now.

00:44:02.000 That he's just gonna run right over people.

00:44:05.000 You think dictatorships can't happen in the United States?

00:44:07.000 You're watching the formation of a dictatorship in the United States right now under Joe Biden.

00:44:12.000 That doesn't mean elections are going to go away.

00:44:15.000 It does mean that you have a permanent bureaucracy staffed by unelected people who can be directed to overrun your rights at the whim of a person who is unanswerable to the public except once every four years.

00:44:26.000 And the legislature is a complete vestigial organ of government.

00:44:30.000 Does that feel comforting to you in any way?

00:44:34.000 Do you feel as though there are any limits that prevent your rights from being violated in this way?

00:44:39.000 If the only way that you can stop the operation of this sort of stuff is that once every four years you can call a halt on it, maybe Does that really feel like your constitutional rights are being well protected?

00:44:51.000 If the federalist institutions of government go away?

00:44:53.000 This is why the founders set up these institutions in the first place, as checks and balances.

00:44:57.000 If all the checks and balances go away, and you're just electing your dictator every four years, how is that freedom?

00:45:04.000 How is that liberty?

00:45:06.000 The answer is, it really isn't.

00:45:10.000 If I don't like what the governor's doing, I'm just going to run over them.

00:45:12.000 By the way, The notion that local school officials are trying to keep kids safe in a pandemic with all of this masking and all.

00:45:19.000 Again, data.

00:45:20.000 How about some data?

00:45:22.000 It's local school officials who kept schools closed in half the country for most of last year.

00:45:27.000 It's only state mandates that required the schools to be open in blue areas in red states last year.

00:45:32.000 OK, but let no good crisis go to waste.

00:45:35.000 He's not going to finish with that.

00:45:36.000 We also need to spend more money.

00:45:37.000 Of course, here's Joe Biden declaring he's going to spend more money.

00:45:41.000 Because of our vaccination program, and the American Rescue Plan, which we passed early in my administration.

00:45:47.000 We've had record job creation for a new administration.

00:45:52.000 Economic growth unmatched in 40 years.

00:45:56.000 We cannot let unvaccinated do this progress. 1.00

00:46:02.000 Undo it. 0.62

00:46:03.000 Turn it back.

00:46:05.000 So tonight, I'm announcing additional steps to strengthen our economic recovery.

00:46:11.000 Amazing.

00:46:11.000 We're gonna spend more money.

00:46:12.000 Good idea.

00:46:13.000 Okay, so Biden closed by saying it's equity all the way down.

00:46:16.000 We have to focus in on communities of color.

00:46:17.000 What if a lot of black people don't want to get vaccinated? 0.98

00:46:20.000 You're just gonna have them be fired and bar them from restaurants? 0.99

00:46:22.000 Because that seems kind of bad.

00:46:25.000 Before I close, let me say this.

00:46:28.000 Communities of color are disproportionately impacted by this virus.

00:46:33.000 And as we continue to battle COVID-19, We will ensure that equity continues to be at the center of our response.

00:46:42.000 We'll ensure that everyone is reached.

00:46:45.000 Okay, and then he finished by saying that we all have to come together.

00:46:49.000 So the unvaccinated are to blame. 1.00

00:46:51.000 The governors are to blame.

00:46:52.000 Everybody is to blame, except for Joe Biden, who's the actual one pushing dictatorial policy.

00:46:57.000 Now let's come together, guys.

00:46:58.000 Unity.

00:47:01.000 We have the tools.

00:47:03.000 Now we just have to finish the job.

00:47:06.000 With truth, with science, with confidence, and together as one nation.

00:47:14.000 Look, we're the United States of America.

00:47:17.000 There's nothing, not a single thing we're unable to do if we do it together.

00:47:22.000 So let's stay together.

00:47:24.000 God bless you all and all those who continue to serve on the front lines of this pandemic.

00:47:30.000 And may God protect our troops.

00:47:33.000 Get vaccinated.

00:47:34.000 Get vaccinated.

00:47:36.000 I also think you should get vaccinated.

00:47:38.000 But here's what I'm not willing to do. 0.87

00:47:40.000 Take an enormous diarrhea dump all over 80 million Americans because I'm a failure. 0.96

00:47:46.000 That's not what I'm willing to do. 0.89

00:47:47.000 Joe Biden's willing to do that, which apparently makes him a great president.

00:47:49.000 Then, by the way, he just walked away.

00:47:51.000 Out.

00:47:51.000 No questions.

00:47:52.000 As per our usual arrangement, early dinner at Denny's is waiting, and that rerun of Matlock that he's been eager for.

00:47:57.000 Catch you later, guys.

00:48:00.000 Bye.

00:48:04.000 A country run by decrepit dictators making policy at whim based on nothing more than the political necessity of the moment.

00:48:12.000 So here's the reality.

00:48:14.000 This thing is likely never to take effect.

00:48:16.000 There will be injunctions against it at the state and federal level.

00:48:18.000 This will likely end up at the Supreme Court of the United States.

00:48:21.000 It is highly unlikely the Supreme Court of the United States is going to uphold it. 1.00

00:48:24.000 You've heard a bunch of idiots on Twitter tell you that this is definitely constitutional. 0.98

00:48:28.000 This is definitely, this mandate is definitely going to be upheld by the courts. 1.00

00:48:32.000 And they've been citing a few provisions of law in an attempt to justify all of this.

00:48:36.000 So let's go through this for just one second.

00:48:39.000 So they like to cite a case from 1905.

00:48:40.000 It's called Jacobson versus Massachusetts.

00:48:42.000 In that case, the question was whether the state of Massachusetts could in fact compel vaccination.

00:48:48.000 And what the court found is that the state could.

00:48:51.000 The court found, quote, the police power of a state embraces such reasonable regulations relating to matters completely within its territory and not affecting the people of other states, established directly by legislative enactment, as will protect the public health and safety.

00:49:02.000 While local regulation, even if based on the acknowledged police power of a state, must always yield in case of conflict with the exercise by the general power of any, by the general government of any power it possesses under the Constitution, the motor manner of exercising police power is wholly within the discretion of the state, so long as the Constitution of the United States is not contravened.

00:49:21.000 Okay, now the first thing that you'll notice about this decision is that this has nothing to do with the federal government.

00:49:26.000 Quote, it is within the police power of a state to enact a compulsory vaccination law.

00:49:31.000 And it is for the legislature and not for the courts to determine in the first instance whether vaccination is or is not the best mode for the prevention of smallpox and the protection of public health.

00:49:39.000 So this is now two questions.

00:49:40.000 One, the federal government and the state.

00:49:42.000 Number two, the argument being made here is that the legislature is supposed to be making the rules here, right?

00:49:49.000 Not at the executive level.

00:49:51.000 Even maybe within a state.

00:49:52.000 Okay, so Jacobson is not good case law on point here.

00:49:55.000 It does not relate to the case at hand.

00:49:57.000 The federal government threw an executive agency without explicit authority to cram down this sort of broad-based and heavy-handed regulation on a hundred million Americans.

00:50:08.000 Right, that is not what this case is about in any way, shape, or form.

00:50:10.000 So anybody citing Jacobson to you has not read the case or just does not care.

00:50:16.000 Then we come to the question of what OSHA can do.

00:50:19.000 The Occupational Safety and Health Administration.

00:50:21.000 What exactly can they do?

00:50:22.000 Now, there is a very, very solid case that OSHA is actually not a constitutional administration.

00:50:32.000 The reason I say that is because the Enabling Act for OSHA is really, really broad.

00:50:36.000 Like, way too broad.

00:50:39.000 I'm not writing that.

00:50:39.000 Cass Sunstein, who's a liberal, writing from Virginia Law Review years ago, talks about this.

00:50:46.000 Is OSHA unconstitutional?

00:50:49.000 He says that the Occupational Safety and Health Act is wildly broad.

00:50:55.000 Right?

00:50:55.000 There is no intelligible principle that limits the exercise of agency discretion.

00:51:01.000 When the Secretary of Labor issues regulations governing tractors, ladders, or electrical equipment, the only question to be asked is whether one or another standard is reasonably necessary or appropriate.

00:51:11.000 The agency is not required to do whatever is necessary in order to provide safe employment.

00:51:16.000 Its duty is to provide whatever is reasonably necessary.

00:51:20.000 It can even reject what is reasonably necessary.

00:51:23.000 So how does the OSHA administration decide what is reasonably necessary or appropriate?

00:51:28.000 Completely vague.

00:51:29.000 There's no way to tell.

00:51:31.000 What we do know is that historically speaking, OSHA has never been used for anything remotely like this.

00:51:37.000 The infectious disease provisions that OSHA has used have been entirely related to social safety places like nursing homes or healthcare providers, like a hospital.

00:51:48.000 Never has OSHA promulgated a broad-based regulation on every private business with over 100 employees in the country telling them that they have to get everybody vaccinated or test.

00:51:57.000 This has never been promulgated.

00:51:59.000 That would normally require some sort of legislative action.

00:52:02.000 So, there is serious question as to whether OSHA on its face is constitutional.

00:52:07.000 But even if you assume that it is constitutional, the notion that you can extend OSHA's authority over every business in the United States with regard to infectious disease, which has never been tried before, is quite crazy.

00:52:19.000 And it is unprecedented.

00:52:21.000 There are people who are talking about this last year, and this actually subjects the OSHA rules almost forthwith to judicial review. 0.93

00:52:30.000 So one of the big problems when it comes to administrative agency action, and this is getting technical but it's really important, is a stupid doctrine created by the Supreme Court.

00:52:39.000 It's called Chevron Deference. 0.87

00:52:40.000 It's the basic rule the Supreme Court uses.

00:52:43.000 Is that if there's an administrative agency, let's call it OSHA, and there is a broad mandate that comes from the legislature. 1.00

00:52:50.000 So the legislature is filled with a bunch of cowards and idiots, and they pass a law that says OSHA can do whatever it wants, right? 1.00

00:52:56.000 That's the law. 1.00

00:52:57.000 OSHA can now do whatever it wants.

00:52:58.000 So how do you exactly rein in OSHA?

00:53:01.000 So there are a few different ways that you can do it.

00:53:02.000 Theoretically, the courts can set reasonable and necessary rules.

00:53:06.000 So now the court is actually the lawmaker, right?

00:53:08.000 The legislature delegated to OSHA.

00:53:10.000 OSHA Can't define its own rules, and now the courts are going to define its rules, or there's Chevron deference.

00:53:15.000 Chevron deference is the idea that an agency, because these are the experts, are best situated to interpret their own rules.

00:53:23.000 Okay, which is kind of crazy.

00:53:25.000 Because now this means that you are generally not allowed to appeal an administrative agency decision to the judiciary.

00:53:32.000 Because the judiciary says, OK, well, you know, we've washed our hands of this.

00:53:35.000 Instead, this administrative agency makes its own rules because Congress told them to make their own rules.

00:53:40.000 We can't intervene in that.

00:53:41.000 So you get to deal with them.

00:53:43.000 And if they make their own rules, which coincidentally happen to side with them, well, there's not much we can do about that.

00:53:47.000 So Chevron deference has been a very difficult area of American law for quite a long time.

00:53:53.000 It's pretty certain that there is now a majority on the Supreme Court to strike down Chevron deference.

00:53:58.000 And go back to a time when the courts routinely sort of drew limits around what executive agencies could do and tried to redefine the limits of how much authority could be delegated from the legislature to the executive branch.

00:54:11.000 So ironically, what Joe Biden could end up doing here by promulgating such a broad-based and dictatorial mandate via OSHA, which again, its authority is not clear in this realm at all.

00:54:22.000 What they could end up doing is having the Supreme Court step in and wipe away some of the fundamental bases for the administrative state.

00:54:31.000 Which would be quite ironic that Joe Biden, in order to avoid blame for his own economic failures and failures on COVID, and in order to deflect attention from Afghanistan, promulgates a regulation that doesn't go into place because it's badly written or badly drawn and has no source authority.

00:54:43.000 It ends up being elevated to the Supreme Court level, and the Supreme Court ends up knocking out fundamental pillars of the administrative state that the left has relied on for literally a century in order to promulgate regulations and turn the executive branch into a quasi-legislature.

00:54:55.000 That could be a kind of ironic result here.

00:54:57.000 And frankly, I think that there is a high likelihood of that.

00:55:00.000 So maybe there is a bright lining to this very dark cloud, which is that we could see the administrative state actually start to be pared back here.

00:55:08.000 Some of us have been concerned with the administrative state for quite a while.

00:55:10.000 It's time for the legislature to seize back its authority.

00:55:13.000 If Congress is retaken by the Republicans in 2022, this needs to be first and foremost on the schedule.

00:55:18.000 Start defunding these agencies and restricting their authorities and drawing lines around them right now.

00:55:24.000 Don't submit budgets to the President of the United States unless there are strings attached to the executive authority that is invoked by these agencies.

00:55:31.000 We now have the CDC doing eviction moratoria and OSHA telling businesses that they have to mandate vaccines among their workers.

00:55:39.000 It's time to withdraw that authority, like right now.

00:55:42.000 And if Democrats won't do it, Republicans should run on it.

00:55:45.000 And if Republicans run on it and win, they should immediately move to restrict administrative agency authority.

00:55:50.000 All of that is assuming that we even get past the first step here.

00:55:54.000 And the first step is that Joe Biden says that the OSHA regulation he's going to promulgate is going to be done under the Emergency Temporary Standards.

00:56:03.000 Emergency Temporary Standards have typically not been used for stuff like this.

00:56:06.000 In fact, the last litigated Emergency Temporary Standard created by OSHA was about lowering the amount of asbestos that you're allowed to have at a worksite, and it was struck down.

00:56:17.000 Okay, so you could easily see a court saying, this is not an emergency temporary standard, you have to go through the normal rulemaking process, which involves public feedback, and then the promulgation of the rule, and then maybe litigation over the rule.

00:56:29.000 Joe Biden just wants to do this, like, super fast, knowing that it's probably going to get held up, in the same way that he did the eviction moratorium, knowing that the court was immediately going to enjoin it.

00:56:37.000 So I have serious doubts as to whether this thing ever is applied.

00:56:42.000 But that's the whole point.

00:56:43.000 The whole point here is to assert the authority because it's a win-win for Joe Biden according to his own political lights.

00:56:50.000 On the one hand, if the thing is upheld, then he gets to play dictator, which is fun for him.

00:56:55.000 He likes that.

00:56:56.000 On the other hand, if the thing is enjoined, he gets to blame everybody else for his own failures.

00:57:01.000 He gets to say, I've done what I can do.

00:57:03.000 I've done what I can do.

00:57:04.000 But the bottom line is really this.

00:57:06.000 We are now setting the precedent And it's multiple presidents who have done this.

00:57:10.000 Obama did it.

00:57:11.000 Trump really didn't.

00:57:13.000 Now Biden's doing it.

00:57:14.000 We have now set the precedent that governance by executive order via administrative branch fiat is going to be the only way that anything gets done in this country from now on.

00:57:24.000 Which is incredibly, incredibly dangerous.

00:57:27.000 Like super dangerous.

00:57:30.000 Meanwhile, there are states that are pushing back on all this as well.

00:57:33.000 They should.

00:57:34.000 And so Ron DeSantis in Florida, he says, we are going to fight this with everything we've got.

00:57:38.000 How could we get to the point in the country where you would want to have someone lose their job because of their choice about the vaccine or not?

00:57:48.000 I mean, look, some folks have reasons to do.

00:57:52.000 Maybe they're making the wrong decision, but to put them out of work and send them and not let them earn a living because of this?

00:57:59.000 I just think that that's fundamentally wrong.

00:58:01.000 And I think that the more and more this has become coercive, Where people have threatened mandates and firing and business consequences.

00:58:11.000 The more it does that, I think the more people it alienates.

00:58:15.000 I don't think it actually helps to get more people to ultimately do it.

00:58:19.000 But I do not believe that people should lose their jobs over this issue.

00:58:25.000 And we will fight that.

00:58:28.000 Okay, and he's not the only governor who is saying that private businesses are going to launch lawsuits on this basis as well.

00:58:33.000 The bottom line is the pushback has begun.

00:58:36.000 The left has won for the course of decades.

00:58:39.000 Growth in government, social change, through incrementalism.

00:58:42.000 And now, they've ditched the incrementalism.

00:58:45.000 Over the last year and a half, two years, they really have just said, we're going for broke.

00:58:49.000 Whether it is BLM declaring the entire foundation of the United States corrupt and evil, and the Democratic Party going along with that ideological move, or whether it is the Biden administration basically dismantling every single check and balance they can find. 0.99

00:59:02.000 Whether it is surrender on the foreign front or whether it is the complete dictatorial top-down approach of the left in corporations, the pushback is going to begin because they have not been approaching this in an incremental fashion, which is stupid politics. 0.98

00:59:17.000 But you know what? 0.98

00:59:18.000 I'm glad.

00:59:19.000 Clarity is good.

00:59:19.000 I'm glad.

00:59:20.000 So now we have some clarity.

00:59:22.000 Our president wants to be a dictator.

00:59:24.000 He doesn't care about the constraints of his office.

00:59:27.000 Our media cheer him on.

00:59:29.000 You have dolts like Joy Reid who are cheering this stuff on.

00:59:34.000 And by the way, the notion that they keep on using, of course, is that if you actually stand up for the rights of Americans, it's because you want people to die of COVID. 1.00

00:59:41.000 This is the way stupid people think about politics.

00:59:45.000 We haven't seen DeSantis weigh in yet, but he's probably so busy dealing with the, what is this, six or seven lawsuits that he's already lost trying to force COVID onto, you know, he wants COVID on cruise ships, he wants COVID in the schools, he wants COVID everywhere! 0.99

00:59:59.000 Apparently he wants to spread it everywhere.

01:00:01.000 He wants to spread it everywhere, right?

01:00:02.000 This is the sort of stuff that gets pushed in our national media.

01:00:05.000 Okay, so you have a choice as a citizen.

01:00:06.000 Are you going to pay attention to people who lie to you on a routine basis and give you conflicting information on a routine basis?

01:00:11.000 Who tell you vaccines are effective but also not effective and you should be scared?

01:00:14.000 Who tell you that the only way for you to truly feel safe is to mandate that your neighbor get fired if they disagree with you on a particular issue even when they pose no threat to you?

01:00:22.000 What kind of America do you want this to be?

01:00:23.000 And what kind of American do you want to be?

01:00:25.000 Because now Joe Biden has made that choice extraordinarily clear.

01:00:27.000 So you can either side with the tyranny or you can side against it.

01:00:30.000 Those are your choices.

01:00:31.000 Alrighty, we've reached the end of the week, but later today we have an additional hour of content.

01:00:36.000 First, you can't forget to end your week by checking out the Andrew Klavan Show.

01:00:38.000 Drew's show is every Friday.

01:00:39.000 He's got an exciting evening planned for you.

01:00:41.000 Head on over to dailywire.com at 7 p.m.

01:00:43.000 Eastern, 6 p.m.

01:00:43.000 Central.

01:00:44.000 I'm Ben Shapiro.

01:00:44.000 Tune in.

01:00:45.000 This is The Ben Shapiro Show.

01:00:46.000 The Ben Shapiro Show is produced by Elliott Feld.

01:00:54.000 Executive producer, Jeremy Boring.

01:00:56.000 Our supervising producer is Mathis Glover.

01:00:58.000 Production manager, Pavel Lydowsky.

01:01:00.000 Associate producer, Bradford Carrington.

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01:01:04.000 The show is edited by Adam Sajovic.

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01:01:17.000 Hey everybody, this is Andrew Klavan, host of The Andrew Klavan Show.

01:01:20.000 You know, some people are depressed because the republic is collapsing, the end of days is approaching, and the moon's turned to blood.

01:01:26.000 But on The Andrew Klavan Show, that's where the fun just gets started.

The Ben Shapiro Show - September 10, 2021

The Covid Tyrant | Ep. 1335

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