The Ben Shapiro Show


William Barr | The Ben Shapiro Show Sunday Special Ep. 125


Summary

Former Attorney General William Barr joins the show to discuss his new book, One Damn Thing After Another, which chronicles the rollercoaster of events while he was the AG under President Trump. Plus, we ll get his thoughts on the unprecedented leak from the Supreme Court, and the current Department of Justice s January 6th investigations and arrests. And we ll talk about the difference between actual crimes and the media s constant hysteria about them. This show is sponsored by Express VPN. Protect your online privacy today at ExpressVPN.org/ProtectYourOnline Privacy today at expressvpn.com slash Ben Shapiro Show Sunday Special. This is a Sunday special presented by Dailywire. The opinions and thoughts expressed here are our own, not those of our employers, and do not necessarily reflect those of any other law enforcement agency, agency, or government agency. We do not represent, represent, or endorse the views, opinions, views, or positions expressed by any other party. Ben Shapiro is a First Amendment advocate and advocate for the rights of all Americans. to protect and defend the Constitution and the rule of the American people. He is an advocate for equal justice, equity, and fair and impartial justice for all. His work has been featured in the New York Times, CNN, NPR, CBS, and NPR. and is a regular contributor to The Huffington Post, among other publications. - see link below for a list of his work, including The Nation, The Daily Wire, The Weekly Standard, and The New Yorker, and other publications listed in The New York Magazine, and many other publications, including Playboy, The Atlantic, The Globe and Hustler, The Hollywood Reporter, and Playboy, among many others. . He has been a frequent contributor to the NY Times, and is an avid reader, and he is a frequent guest on the New Republic, and has a blog post on the Los Angeles Times, New York Post, and Rolling Stone, and a host of other publications on the BBC, and so much more. Thank you for listening to this episode of The Ben Shapiro Podcast? Thanks for listening and for supporting the show, Ben Shapiro s work, Ben is a great work, too! - Ben Shapiro: is a friend of the Ben Shapiro show? - Ben s new book: The Dark Side of the Lawyer? and Ben s book is out now


Transcript

00:00:00.000 The Democrats have taken a very sharp turn to the left, especially under Obama.
00:00:05.000 They tried to patch it up by clearing the playing field and putting in Biden, who's overwhelmed by the issues we face.
00:00:13.000 And that lays the groundwork for a Reagan-type victory that allows you to make the kind of significant changes and institutional changes that have to occur.
00:00:25.000 For four years, the media and Democrats claimed that Donald Trump was a Russian tool.
00:00:29.000 The Russians offered help.
00:00:30.000 The campaign accepted help.
00:00:32.000 The Russians gave help.
00:00:34.000 And the president made full use of that help.
00:00:36.000 And that is pretty damning.
00:00:38.000 That assessment was based largely on empty allegations planted by allies of the Hillary Clinton campaign.
00:00:44.000 Those allegations provided the basis for spying on members of Trump's campaign and served as the predicate for a years-long investigation by Robert Mueller and America's intelligence apparatus.
00:00:53.000 This specious theory became known as Russiagate, and now Russiagate itself is under investigation by Special Counsel John Durham.
00:01:01.000 To ensure Durham's work would continue after Trump's term, then-Attorney General William Barr appointed him that status of Special Counsel.
00:01:07.000 Looking into the origins of these lies and finding the truth was the chief task for A.G.
00:01:11.000 Barr.
00:01:12.000 William Barr is no stranger to the Department of Justice, having spent time at the DOJ during Reagan's and H.W.
00:01:18.000 Bush's presidencies.
00:01:19.000 He is, in fact, one of only two people to hold the role of Attorney General twice.
00:01:23.000 His record is characterized by tough on crime policy as well as a strict constitutional interpretation of the law.
00:01:29.000 Attorney General Barr's new book, One Damn Thing After Another, chronicles the rollercoaster of events while he was the AG under President Trump.
00:01:36.000 The aforementioned Russian collusion fabrication, COVID, the Black Lives Matter riots, the 2020 election.
00:01:43.000 We will discuss all of it.
00:01:44.000 Plus, we'll get his thoughts on the unprecedented leak from the Supreme Court and the current Department of Justice's January 6th investigations and arrests.
00:01:52.000 In this episode, Attorney General Barr joins to break down the difference between actual crimes and the media's constant hysteria.
00:01:58.000 Hey, hey, and welcome.
00:02:09.000 This is the Ben Shapiro Show Sunday Special.
00:02:11.000 This show is sponsored by ExpressVPN.
00:02:13.000 Protect your online privacy today at expressvpn.com slash ben.
00:02:16.000 Just a reminder, we'll be doing some bonus questions at the end with the Attorney General.
00:02:19.000 The only way to get access to that part of the conversation is to become a member.
00:02:23.000 Head on over to dailywire.com, become a member, you'll have access to all of the full conversations with every one of our awesome guests.
00:02:29.000 Attorney General Barr, thanks so much for joining the show, really appreciate it.
00:02:32.000 Good to be here, Ben.
00:02:33.000 and thanks for having me.
00:02:34.000 So why don't we begin sort of with the role of the DOJ in general.
00:02:38.000 So you served as attorney general twice.
00:02:39.000 You did it in the H.W. Bush administration and of course under Donald Trump.
00:02:43.000 And there seems to be sort of widespread misperception about what the attorney general does.
00:02:47.000 On the one hand, the attorney general is expected by whoever the president's supporters are to be the wingman for the president.
00:02:53.000 On the other hand, the attorney general is expected to be some sort of independent agent who is just there to establish justice on his own.
00:03:01.000 What is the actual law with regard to what your role was as Attorney General?
00:03:06.000 Well, there are basically three functions.
00:03:08.000 One is a policy advisor on the justice system, including criminal justice, and there you're a political appointee, providing advice as to the president's political program, his policy program.
00:03:23.000 The other is providing legal advice to the president and the executive branch, and you do that again as a presidential subordinate.
00:03:30.000 Who's providing advice from the standpoint of someone who's in sympathy with the administration's program.
00:03:37.000 And you try to help the administration attain its objectives within the law.
00:03:41.000 And then the third role is administering the criminal justice system.
00:03:45.000 Chief prosecutor essentially.
00:03:48.000 And there you are subordinate to the president.
00:03:50.000 But attorneys general generally believe and should attempt to administer the criminal justice system without regard to partisan Uh, feelings and apply one standard of justice for everybody.
00:04:03.000 That's what the rule of law is all about.
00:04:05.000 Now that doesn't mean the president can't say, you know, I'd like you to pursue, you know, these kinds of crimes aggressively or, you know, I just saw something on television that bothers me.
00:04:16.000 Someone was beaten up.
00:04:17.000 Are you looking into that?
00:04:18.000 That's fine.
00:04:19.000 But if the president starts intervening and directing that certain people be prosecuted, regardless of what the attorney general thinks the evidence is, And the law is, then that would generally be considered an abuse, and I wouldn't do it, and I don't think most attorneys general should, or would.
00:04:36.000 Why don't we go back to when you were first asked by President Trump to become attorney general.
00:04:41.000 So immediately preceding that, he'd had Jeff Sessions as his attorney general.
00:04:46.000 He had moved sort of along a broad spectrum of feelings about Jeff Sessions.
00:04:49.000 Sessions was one of his earliest supporters, obviously, when he was senator from Alabama.
00:04:54.000 And then when Sessions recused himself during the Russiagate investigation, this angered President Trump.
00:05:00.000 Why don't we start from your perspective as somebody who actually served as Attorney General on whether it was right for Jeff Sessions to recuse himself in the Russia investigation in the first place, which sort of led to this chain of events.
00:05:10.000 I think that he was right in recusing himself from parts of it, but I think he had a very sweeping general recusal that probably went too far.
00:05:21.000 So when it comes to, you know, so President Trump basically became very angry with Sessions for doing this, and eventually Sessions left, and then you get the call that the President wants you to become the Attorney General.
00:05:33.000 What are your thoughts when you get that call?
00:05:36.000 Well, I was very reluctant to do it.
00:05:39.000 I was in a very good place where I wanted to be entering retirement and my family was not keen on the idea.
00:05:46.000 I was under no illusions about Trump's personality and the way he treated lawyers.
00:05:51.000 All my business, I had never met him, but all my business friends in New York who had worked with him said that I should stay away.
00:05:59.000 But I wasn't going in to be the buddy of the president.
00:06:02.000 I felt that We were headed toward a potential constitutional crisis.
00:06:06.000 I was skeptical of the Russiagate matter, and I thought that that could be essentially being used as a weapon to hobble the administration and drive the president from office.
00:06:18.000 And so I thought there was a potential crisis coming up.
00:06:21.000 Also, the Department of Justice and the FBI were being buffeted, you know, under attack from both sides.
00:06:30.000 I felt someone had to go in there and steady the ship, and I tried to propose other people, but no one else got traction, and eventually I decided that if the president asked me, I really had to do it.
00:06:43.000 And it sort of summed up in the advice some of my colleagues from the Bush administration gave me, which is, The country's facing some challenges, and what's important for the country is that somebody have these jobs and know what they're doing.
00:06:59.000 And so I said that I would accept it if offered, and he did offer me the job.
00:07:05.000 So why don't we talk about Russiagate, because obviously that played a major role in your decision to take the job in the first place.
00:07:10.000 So Russiagate obviously originated in 2015, 2016 with all these allegations that the president of the United States, at that point just a candidate, was colluding with the Russians in order to skew the outcome of the election.
00:07:23.000 This led to a series of abuses, including FISA warrants against Carter Page that were, it appears, entirely unsubstantiated.
00:07:31.000 It led to the release via a very sort of jerry-rigged process of the completely unsubstantiated so far Steele dossier, which turns out to now be basically just a bunch of garbage rumor mongering that was trafficked in Washington, D.C.
00:07:43.000 and then eventually wandered into the FBI.
00:07:46.000 What was your perspective on Russiagate from the outset And then how did you treat that as Attorney General?
00:07:53.000 So when it first came up, I was skeptical of it because from my experience I didn't think the Russians would would need to collude with anyone or want to collude with anyone in the United States in order to carry out a A hack and dump operation, which is essentially what it was, stealing emails and dumping them into the public forum.
00:08:16.000 And, you know, the more I found out about it, the more I became skeptical of it.
00:08:22.000 I looked at the dossier when it first came out, and to me it was a joke, and I think A number of professional intelligence people over at the agency, the CIA, just felt it was garbage.
00:08:36.000 So I always felt it hard to explain why the FBI was following up the way they did on it, both before the election, but particularly after the election when they started finding out what a piece of rubbish it was.
00:08:48.000 They seemed to double down.
00:08:51.000 And I want to, in just one second, get to sort of the release of the Steele dossier, which seems pretty suspicious in terms of how that was actually released.
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00:10:16.000 You had James Comey, who's the head of the FBI, coming and presenting President Trump with the news that there was this Steele dossier and it was floating around, and, Mr. President, you need to know about this thing.
00:10:26.000 And then, almost simultaneous with that, BuzzFeed releases the full entirety of the Steele dossier and uses as the news hook the fact that Comey has now told the President of the United States about all this. All of this seems really, really suspicious.
00:10:38.000 And then we learn, of course, that there have been coordinations between members of the media and people who are working within the FBI on some of this stuff. I'll admit that as a conservative, I tend to be somewhat of an institutionalist, and it really undermined a lot of my trust in places like the FBI.
00:10:53.000 Well, I've frequently said that January 6th to me was a very important date.
00:11:02.000 And I'm talking about January 6th, 2017, when the intelligence people went in to brief the president-elect.
00:11:12.000 And as you said, even Comey's own memo say that he advised the president that CNN was just looking for a news hook to go with the dossier.
00:11:24.000 And then right after that meeting, they seem to have gotten the news hook and reported on the dossier.
00:11:31.000 Uh, and not even the parts of the dossier that, including parts of the dossier that were not raised with the president-elect.
00:11:37.000 So I've been very suspicious of that meeting, uh, and, uh, for obvious reasons.
00:11:44.000 I, I'm wondering what games, or I'm concerned about what games were being played at that point, uh, not just by the Hillary campaign and the people trying to explain her defeat but also by, uh, the senior levels of the FBI.
00:11:58.000 That's what Durham is designed to get to the bottom of.
00:12:02.000 So a lot of folks on the right are, I would say, annoyed that there have been no prosecutions of anyone in the Hillary camp or anyone in the FBI over any of this.
00:12:12.000 There's been people who have been losing their jobs, temporarily losing their pensions in some cases, but there haven't been any sort of top-level prosecutions of any of the named people in these particular areas.
00:12:23.000 Do you foresee that there will be, or do you think that this is sort of going to come to a quieter terminus?
00:12:28.000 I'm hopeful there'll be a thoroughgoing report, and to the extent he can prove any cases, I think he will not hesitate to pursue them.
00:12:36.000 But I am a little tired of hearing that from people in my own party, because you have to remember that Durham did not get access to the IG's report.
00:12:48.000 And the IG did not complete his report until December of 2019.
00:12:51.000 The end of 2019 is when he got the big data dump.
00:12:57.000 And before that, he was working on other aspects of Russiagate, like whether the foreign intelligence services were involved.
00:13:04.000 So at the end of 2019, he gets into the FBI part of it.
00:13:09.000 And then what happens three months later?
00:13:11.000 COVID, which shuts down all the grand juries across the country.
00:13:15.000 What that means is no one's going to come in voluntarily because they know you cannot go to a grand jury and get a subpoena.
00:13:22.000 And so they'll just say, look, I'm not going to talk to you voluntarily, period.
00:13:27.000 So the investigation was dramatically slowed down because of COVID, and that didn't lift until October of the election year.
00:13:36.000 So, I'm not very sympathetic to people who complain that more progress was made, and I try to explain to them.
00:13:43.000 The criminal justice process, there are two things about it that don't make it a useful political weapon.
00:13:49.000 One is, if done right, it's It's secret.
00:13:52.000 You don't find out about what's going on.
00:13:55.000 And number two, it takes a while, especially in this kind of case where you don't have an overt act like burning documents or something like that.
00:14:04.000 You're basically saying the person acted with corrupt intent.
00:14:08.000 They were doing something they have the power to do.
00:14:11.000 Like looking for a spy, but they had corrupt intent.
00:14:15.000 And that's a very difficult case to put together.
00:14:18.000 So Attorney General Barr, when you take office, obviously this is part of the task that you're given, but the other part of the task is to advise the President of the United States.
00:14:28.000 You mentioned that his personality is pretty unique.
00:14:32.000 What was it like working with President Trump?
00:14:34.000 You're trying to bring about, I think, a certain level of stability in the AG's office.
00:14:39.000 What was that like on a day-to-day basis?
00:14:41.000 Well, on what I call the red meat issues, the issues where he had a good sense of what the right thing to do was and, you know, that conformed to my views of good policy on being tough on crime, of getting control over the border.
00:14:58.000 Uh, going after Chinese espionage in the United States, going after the drug cartels.
00:15:04.000 On those issues, he was great.
00:15:06.000 He let me and the department do our thing.
00:15:08.000 He gave us his support and backing and he was very pleasant to deal with, especially during the first year.
00:15:16.000 But as he went into the election year, he didn't, you know, the liberal view or the Democrats tried to portray him as sort of controlling the Justice Department.
00:15:27.000 Actually, he kept his word to me, and his word was when I agreed to serve, that he would not discuss criminal cases with me.
00:15:34.000 And he didn't.
00:15:35.000 But what he did was tweet and go on news shows and start talking about, you know, if Bill Barr He wants to go down in history as great and instead of just, you know, a nebbish, he's going to go after Biden and, you know, Biden is a criminal and Obama's a criminal.
00:15:52.000 And that put, you know, me in a difficult position.
00:15:54.000 And he was frustrated because he wanted to see some scalps, obviously, during the election year.
00:16:00.000 And we were not in a position to deliver them and still, you know, do our job at the Justice Department.
00:16:06.000 Yes, Attorney General Barr, it seems like one of the things that was kind of a repeated motif during the administration, it was from virtually every department, is that very often the president would have sort of these ideas that broke taboos or that were not good.
00:16:19.000 And advisors would say, we're just not going to do that.
00:16:22.000 And there was some hotly fought conflict.
00:16:24.000 Over that, and then it seems almost in virtually all cases, with a few exceptions which we'll talk about, the president basically backed down.
00:16:31.000 Once he was told, you're not allowed to do X, he actually would not do X. And then there'd be a news report about how he had considered doing X, but then he was dissuaded from doing so.
00:16:38.000 But it seems like in the vast majority of cases, when he was told by his advisors that this is either a bad idea or this violates the law, that he didn't then just go forward with it.
00:16:48.000 And so most of the news coverage tended to be about the things that he was thinking and the considerations of doing it as opposed to what he actually did.
00:16:55.000 That's absolutely right.
00:16:56.000 The way I would sum up his administration is, up until his defeat in the election, was that his impulsiveness did lend some dynamism to the administration.
00:17:08.000 He was able to roll over the resistance and the obstruction and the inertia in the bureaucracy and in the political process.
00:17:18.000 But the bad side of it was he would sometimes have very bad ideas.
00:17:23.000 But in all of those cases, we could talk him out of going as far as he wanted and usually figure out a way to accomplish his objective within the law.
00:17:34.000 And that's why I've said this whole idea that he was an autocrat is simply wrong.
00:17:38.000 I mean, he would agree with his advisors ultimately.
00:17:43.000 We'd litigate it.
00:17:44.000 We'd win.
00:17:46.000 You know, these things that have been attacked like the travel ban or the wall or other things.
00:17:50.000 We all won those cases.
00:17:52.000 So you mentioned before sort of the entrenched bureaucracy here, and there's an argument on the part of a lot of people on the right that there is, in a lot of these various branches of government, the so-called deep state.
00:18:03.000 That's the phrase that's used.
00:18:05.000 How true do you think it is that there are entrenched bureaucrats in positions of power who have been there for a lifetime and are innately opposed to the agenda, not just President Trump personally, but the agenda of people like President Trump makes it very hard to Or steer the ship of state in a different direction when you do take over?
00:18:24.000 And how much did that hamper Trump?
00:18:25.000 I think it hampered him a great deal, and I do think there is a deep state.
00:18:29.000 Now, it's not necessarily the people who have been there a long time, maybe some of them, but it's also younger people who have come in in more recent years.
00:18:39.000 And each agency has its share of the deep state.
00:18:43.000 At the Department of Justice, one of the manifestations of it was leaks.
00:18:47.000 I've said several times that criminal cases or criminal investigations that were embarrassing to the Republicans were leaked while I was there, whereas the cases that were embarrassing to Democrats were never leaked.
00:19:03.000 And that's, you know, that's the difference.
00:19:06.000 There were people trying to use the criminal justice process, just like this leak at the Supreme Court, to achieve their higher good, which is, you know, they're the vanguard of history and know where to lead the country.
00:19:18.000 And anything goes when you're, you know, when you have the high moral ground like that.
00:19:22.000 I'm talking, of course, about the progressive mindset.
00:19:27.000 So in just one second, I want to get to fast forward to the Ukraine phone call, which leads to the first impeachment attempt against President Trump.
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00:20:39.000 Attorney General Barr, one of the big crises of the administration, this happens within your first year and a half working with the administration, is that the president has this phone call with Vladimir Zelensky of Ukraine.
00:20:51.000 He's obviously been tweeting, you mentioned earlier, about Hunter Biden and about Joe Biden, about the idea that there's a vast amount of corruption in Ukraine and that this had some impact on both the 2016 election and going forward it was going to have impact on Joe Biden and his presidential possibilities in 2020.
00:21:07.000 And there is this famous phone call, infamous phone call between him and Vladimir Zelensky.
00:21:12.000 He describes it as a perfect phone call.
00:21:14.000 His opponents suggest that he's threatening the president of Ukraine that unless he finds some reason to essentially create a prosecution out of whatever is available against Hunter Biden, implicating Joe Biden, that the aid to Ukraine will go away.
00:21:27.000 When were you first made aware of this and what was your perspective on the phone call?
00:21:30.000 So I was not aware of the phone call at the time it was made.
00:21:33.000 By the way, it was made right after Mueller's testimony on Capitol Hill, which was effectively the end of the Russiagate debacle.
00:21:43.000 And then the very next day he talked to Zelensky.
00:21:46.000 I didn't hear about it until in August when it was raised with me.
00:21:55.000 And information that there was a so-called whistleblower that had raised concerns about it.
00:22:01.000 And when you read the transcript, were you made aware of what had happened on the phone call before you read the transcript?
00:22:07.000 How were you made kind of aware of the details of it?
00:22:09.000 No, I was told initially that Whistleblower thinks that there was a violation of law, that the President had violated the law and was essentially soliciting a campaign contribution.
00:22:23.000 And I looked at the transcript, as did others at Justice, and I thought that That, you know, it was sort of an unseemly call, but it was not a crime.
00:22:33.000 There was no violation of law.
00:22:35.000 I was personally mad because in his typical sloppy fashion, he threw around my name and Giuliani's name interchangeably when we had very different roles and were involved in very different things.
00:22:48.000 So that annoyed me, but I didn't recriminate it about it.
00:22:52.000 I advised the president he should get the transcript out as quickly as possible, which He procrastinated on, and a big head of steam built up before he got out the transcript.
00:23:07.000 The Justice Department didn't really play a role in the impeachment, but I felt the whole impeachment episode shows, I think, one of the President's weak points, which is that he sometimes gets these harebrained ideas, and when the apparatus in government says no, Or won't pursue it to his satisfaction.
00:23:29.000 He tries to set up a little skunk works of outsiders to run a play.
00:23:36.000 Without the knowledge of people in the government and it gets him in trouble sometimes.
00:23:41.000 And this was one of those occasions.
00:23:43.000 I thought the whole idea that getting the Ukrainian government to investigate the firing of Shokin and that that somehow would be a big breakthrough in the campaign was stupid.
00:23:57.000 And so I think it was a harebrained scheme and it was Well, I've noticed that he hasn't been prosecuted by this administration.
00:24:05.000 And if people thought there was a crime and they have evidence of it, I assume they would.
00:24:09.000 where the DOJ decided this is not a crime, what happened on the phone call?
00:24:12.000 Because of course the entire left then suggested that you are deeply corrupt for not prosecuting the president of the United States on the basis of the phone call.
00:24:19.000 Well, I've noticed that he hasn't been prosecuted by this administration.
00:24:24.000 And if people thought there was a crime and they have evidence of it, I assume they would.
00:24:28.000 They seem to be doing everything else they can to, you know, to hobble Trump.
00:24:36.000 But no one has brought any charges.
00:24:37.000 I just didn't think that that amounted to a crime.
00:24:40.000 So fast forward, we're now in covid era, I mean, and really is the name your book is one damn thing after another.
00:24:46.000 And that really is I mean, this this this two and a half year period, a two year period of your life.
00:24:51.000 It's about 80 years, it sounds like, in terms of personal experience.
00:24:56.000 But about five seconds after the Ukraine phone call happens, And the impeachment happens, we get the outbreak of COVID.
00:25:03.000 I mean, it's really just a couple of months later.
00:25:05.000 And now there are all of these legal issues that are cropping up in terms of what the federal government can do, in terms of what the federal government should do.
00:25:12.000 What was the position inside the administration?
00:25:14.000 What were the discussions like inside the administration as far as the power of the federal government to leverage its authority to do all the things that it ended up doing?
00:25:23.000 Well, you know, I think most people, and I wasn't directly involved or didn't have a big role in the main issues involving COVID, but I think most people felt that we're a federal system.
00:25:35.000 And at the end of the day, the president is going to have to work with the governors.
00:25:39.000 The states have so-called police power.
00:25:41.000 They have the primary duty of protecting the health and safety of their citizens.
00:25:46.000 And I think any president would have had to work with the governors.
00:25:52.000 And that sometimes meant herding cats.
00:25:54.000 And of course, that's not the President's strong suit, patients and herding cats.
00:25:59.000 So, overall, I'm not sure that the President did a bad job on COVID.
00:26:06.000 The returns are still out as to, you know, how we fared under it.
00:26:10.000 I think some countries that people thought were great have ended up in a worse position.
00:26:17.000 But I do think that a fundamental mistake was made in empowering Fauci.
00:26:22.000 And this is the one thing that I raised with the president, is I felt they were putting Fauci too much up in front and making him the face and the spokesman for COVID and empowering him.
00:26:35.000 And I know a number of people were urging the president to bring in people from the private sector.
00:26:40.000 There were some very prominent public health doctors on the outside that I think would have come in and given him better advice.
00:26:47.000 And yet he stuck with Fauci, and I think that was a self-inflicted wound.
00:26:52.000 And to me it shows something else about the president.
00:26:56.000 And later we can talk about some of the areas where I think he deserves a lot of credit.
00:27:01.000 But sometimes when there's a complicated issue like this, instead of making a decision and leading and getting a broad range of advice, he'll sort of stand back and then snipe at the people publicly.
00:27:16.000 And I contrast that with what DeSantis did in Florida, which is he appointed a public health advisor who seems to be very sharp and able, and then he made the hard decisions and withstood the blowback and stood his ground, and it looks pretty successful what he did.
00:27:37.000 And we didn't follow that model in the federal government, and the president sometimes seemed erratic.
00:27:43.000 People forget that the reason he initially got into a fight with Governor Kemp of Georgia was because he was lambasting Kemp for opening up Georgia too early.
00:27:55.000 So, you know, there was a lot of erratic behavior there.
00:28:00.000 So in the middle of all of this, the COVID really sort of breaks into the public scene late February, early March.
00:28:07.000 And then within a couple of months, you have major riots in America's major cities, thanks to the death of George Floyd in Minneapolis.
00:28:15.000 And this is where a lot of the headlines really start to center in on the DOJ and what law enforcement is doing, not only with regard to how to deal with the riots and the loss of You know, public safety in a lot of these major cities, but also with regard to President Trump's personal response, because he's very voluble about the violation of law.
00:28:32.000 There are a bunch of very controversial photo ops that happened.
00:28:36.000 So what was the debate inside the administration over how to deal with the outbreak of violence in virtually every major American city?
00:28:42.000 Well, I think there was no difference of opinion that we had to respond and protect the community against violence.
00:28:50.000 And I think, in theory, everyone agreed that the people who had to do this at the outset and had primary responsibility had to be the states and local government.
00:29:01.000 They have the resources.
00:29:03.000 To do it.
00:29:05.000 And the federal government, a lot of people don't understand this, we have limited resources to deal with civil unrest.
00:29:13.000 You know, most of our tactical units are geared for SWAT teams and things like that, not dealing with that kind of demonstration and rioting.
00:29:23.000 And so my position was we've got to keep the pressure on the local governments to do all they can, including bringing out the National Guard.
00:29:33.000 But the president frequently got impatient and wanted to, you know, have a much more direct federal role.
00:29:40.000 Which would have meant using regular army, and I felt that was a last resort.
00:29:45.000 We had used it in the Los Angeles riots in 1992, and both of the last times we used regular military, I was involved in that and approved it and oversaw it.
00:29:56.000 But in this situation, I felt it would be a mistake to deploy regular troops, because I felt that he wanted to do it in Portland, for example.
00:30:08.000 When the riot had died down and was really just in Portland and Seattle.
00:30:13.000 And I said that, you know, if we do it in Portland, there are going to be sympathy riots all around the country.
00:30:18.000 It's going to break out again all around the country.
00:30:20.000 And we don't have enough troops to send into all the cities.
00:30:24.000 And you know what?
00:30:25.000 The Democrats will sit back and say, you broke it, you fix it.
00:30:28.000 And we'll be scurrying around playing whack-a-mole.
00:30:31.000 Throughout the election year, using the regular army in American cities, and that's not a good look.
00:30:38.000 And so I was opposed to using the regular army in Portland.
00:30:42.000 So in a second, I want to ask you about the famous photo op of President Trump walking out past the White House and to the church nearby and holding up a copy of the Bible.
00:30:52.000 I want to ask you about that in just one second.
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00:31:58.000 All righty, so Attorney General, there's this big controversy obviously over the president and the clearing of Lafayette Park of what the authorities suggested was actual violent activity and what opponents suggested was just peaceful protest so that Trump could theoretically walk out and do a photo op in front of this burned out church near the White House.
00:32:18.000 How did the deliberations around that go around?
00:32:20.000 Are you privy to sort of what that conversation was?
00:32:23.000 Well, I cover that in my book.
00:32:26.000 What led up to that, what led up to June 1st, were three days of very savage rioting outside the White House where over 100 law enforcement officers were injured.
00:32:36.000 I think there were 22 taken to the hospital.
00:32:38.000 There were concussions and other serious injuries.
00:32:42.000 And what had been decided on Sunday was Sunday night, it was that they were going to put up a non-scalable fence at the end of Lafayette Park because, you know, to protect law enforcement.
00:32:59.000 And that was going to be done as soon as the fencing was there on Monday and as soon as enough units were there to push the crowd back so they could erect the fence along H Street.
00:33:12.000 And so the idea that this was done, the clearing of the park was done for the president to have a photo op is simply false.
00:33:21.000 It was planned long in advance in order to erect a fence.
00:33:27.000 And the crowd was asked to move back three times.
00:33:30.000 They didn't.
00:33:31.000 And so the line of law enforcement moved forward and pushed them back and the fence was put up.
00:33:39.000 So I think the whole thing was unobjectionable from the standpoint of, you know, protecting the federal property and the White House and the President.
00:33:48.000 You know, the President had been taken down to the bunker earlier in the weekend because of the ferocity of the rioting.
00:33:53.000 They broke into the Treasury Department.
00:33:55.000 Things like that were happening.
00:33:57.000 Of course, the media didn't cover any of that.
00:34:00.000 So, you know, I thought it was sort of an example of snatching defeat from the jaws of victory when the president made a victory march over to St.
00:34:08.000 John's Church.
00:34:09.000 I have no problem with the president going over to St.
00:34:11.000 John's Church.
00:34:12.000 I would have just had more of a delay between the actual operation and the president going over there because it gave the impression of spiking the football, and I think that was unfortunate.
00:34:25.000 Attorney General, on a broader level, obviously these riots break out.
00:34:28.000 The entire media and the left in the United States suggests that it's because of widespread systemic racism in the criminal justice system.
00:34:34.000 You're the head of the DOJ.
00:34:35.000 What do you make of the accusation that police, the law enforcement system generally, the justice system generally, are systemically racist and are discriminating against black Americans?
00:34:45.000 I reject that.
00:34:46.000 I don't think that's the truth.
00:34:48.000 Now, in some communities, you know, could it be that policemen profile or do other things that raise concern in the African American community?
00:34:59.000 Yes, but overall, I would say the system is not systemically racist.
00:35:06.000 Take this whole, what I call in the book, you know, the BLM's big lie, which is, No one quarrels that black lives matter, but the idea that the police pose this unique threat I think is wrong.
00:35:18.000 You know, every day in our country there are 50 serious attacks on police officers.
00:35:23.000 I'm talking about, you know, attacks with weapons and so forth.
00:35:27.000 Fifty a day.
00:35:28.000 And there are less than three people shot each day by the police.
00:35:33.000 Shot and killed each day.
00:35:34.000 Three people a day.
00:35:36.000 Less than that.
00:35:38.000 And of those, a quarter, you know, given the attacks that occur on police, that doesn't show a trigger-happy police force.
00:35:45.000 And then of those, a thousand or so people who were shot and killed by the police, a quarter are African American.
00:35:55.000 Now the idea that this is Shows racism is based on the idea that there are 13% of our population is black, but a quarter of the people shot Are african-american half of homicides and robberies are committed by african-americans and 37% of violent crime is committed by african-americans, so you know the police are disproportionately patrolling in these high crime areas and so the fact that
00:36:24.000 Twenty-five percent of those shot are African American is not out of whack.
00:36:28.000 So the whole argument that this is, you know, the police treating people differently is false.
00:36:36.000 And the real careful studies of it have shown the opposite, that in fact white perpetrators are more apt to be shot.
00:36:44.000 Okay, so let's fast forward toward the election.
00:36:46.000 So, in the run-up to the election, you're hearing arguments on both sides that the election is essentially going to be rigged.
00:36:52.000 You're hearing from Democrats in the run-up to the election that Louis DeJoy is burning post office boxes.
00:36:56.000 I know we all memory hold this now, but there was an argument made in the run-up to the election that the Trump administration was somehow going to rig the federal election processes to prevent the Democrats from winning.
00:37:06.000 And then you heard the simultaneous argument from people on the right side of the aisle that the election was going to be rigged.
00:37:12.000 So, election night happens.
00:37:14.000 The president in the early returns appears to be leading in a lot of the swing states.
00:37:17.000 There are some pauses in places like Georgia and Michigan.
00:37:21.000 The results come in in their completeness the next day and the president appears to have lost.
00:37:26.000 What was the mood at the White House when all of this was happening before there was all this talk about election rigging and how the election had been stolen?
00:37:35.000 Well, I went to the election night watch at the White House.
00:37:39.000 The President hadn't come downstairs yet.
00:37:42.000 People were hopeful because of the President's last few days and the big crowds he was getting.
00:37:48.000 So there was cautious optimism.
00:37:51.000 I was not optimistic.
00:37:53.000 I left early because I felt the President was going to lose.
00:37:57.000 you know, right out of the box, the president claimed major fraud. And I had been worried about I was very concerned about that.
00:38:08.000 But in my mind there are two different questions.
00:38:10.000 outspoken about the changes and rules that were being made because of COVID and also about universal mail-in ballots and harvesting and other things.
00:38:19.000 I was very concerned about that.
00:38:22.000 But in my mind, there are two different questions.
00:38:24.000 One set of issues is the importance of having public confidence in the outcome of elections.
00:38:31.000 And I kept on saying that in a tightly divided country like ours where the stakes are so high it's critical that we do everything to tighten up the integrity of elections.
00:38:41.000 And that the Democrats' approach of running them like an honor system will mean that people don't have confidence in the election.
00:38:47.000 And that's going to be very damaging to our country.
00:38:53.000 When you dilute the protections, whether or not the fraud or illegalities occur, people are still going to not have confidence in the election, and we're seeing that now.
00:39:06.000 The other question, which I see as a distinct question, is was there in fact fraud that swayed the election?
00:39:14.000 Based on what I've seen, I don't think there was.
00:39:18.000 But people are lumping together three different things, Ben.
00:39:22.000 You know, there's the gaming of the system and the skewing of the playing field by changing the rules, and the Republicans have to fight that.
00:39:31.000 But once those rules are set, you have to play by those rules.
00:39:35.000 You have to do the best you can under those circumstances.
00:39:39.000 The second thing are violations of rules that are meant to prevent fraud, such as, you know, maybe keeping observers out of the poll or permitting harvesting where it's actually prohibited.
00:39:53.000 Those are violations of rules that create an opportunity for fraud, but they're not direct evidence of fraud itself.
00:40:01.000 You still have to show that people who were not qualified to vote voted, or that there was undue influence in their vote, or their votes were bought.
00:40:10.000 And then the third thing is fraud, which is some scheme where people who are not qualified or dead people voted or legitimate votes are thrown out.
00:40:22.000 And people are lumping all of that together.
00:40:24.000 The Department of Justice is only responsible for the third part of it.
00:40:28.000 The states handle the first two aspects of it.
00:40:32.000 I kept on trying to explain to the president that with a presidential election you only have five or six weeks to win your arguments, and you have to pursue those initially in the states.
00:40:47.000 If there is criminal fraud, Evidence of it, the Justice Department will pursue it.
00:40:53.000 And we did look into those things, and all the stuff raised initially by Giuliani and the others were just wrong.
00:41:01.000 They were false.
00:41:03.000 Those allegations, the Dominion machines, you know, the trucking of ballots from New York into Pennsylvania, that more people voted in Philadelphia than there were people, all of that was wrong.
00:41:17.000 And so I told that to the president, that there was no evidence of systemic fraud.
00:41:26.000 So in one second, I want to get to more questions on this.
00:41:28.000 I think this breakdown is really, really important.
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00:42:47.000 OK, so Attorney General, I want to break this down further with you because I think that you're exactly right, obviously, in the attempt to sort of conflate in everybody's mind all of these issues.
00:42:55.000 And you can be worried about the first two and still say there's no evidence of number three, actual manufactured ballots, dead people voting, people who are not capable of voting voting.
00:43:06.000 So, the real question I have there is sort of how robust are systems of detection for this sort of stuff?
00:43:11.000 Because you've heard a wide variety of answers to that question ranging kind of where you are on the political spectrum.
00:43:17.000 The right basically suggests that there's not a robust system for detecting actual voter fraud that, for example, signature checks are not sufficient because theoretically people could get ahold of Volver rules and manufacture signatures, or the only way to challenge a vote theoretically is somebody wants to vote and they show up and then they realize their vote's already been cast, but how many times are people actually going to do that?
00:43:39.000 So how robust are systems for actually detecting hardcore, real, legal voter fraud?
00:43:44.000 Any system to be effective really has to be in place at the time of the vote.
00:43:49.000 Because going back after the votes is very hard to do and to establish fraud.
00:43:55.000 There are a lot of hurdles to that in addition to the narrow time frame.
00:43:59.000 And I do think that we diluted some of those protections, you know.
00:44:03.000 uh... by dialing back the signature check uh... sensitivity and and things like that uh... so i would urge i i think the governors in in uh... georgia and texas and elsewhere there tightening up on the system are doing the right thing and that's what i think The Republican Party has to stand for the integrity of elections.
00:44:24.000 I think most people want to make sure that our elections are fair.
00:44:28.000 And I think they understand we need things like IDs and other things like that.
00:44:33.000 But I don't think they're strong enough.
00:44:35.000 And I also feel I have no problem and in fact support efforts to go back retrospectively and check things.
00:44:41.000 I think we should have more auditing.
00:44:43.000 of election results. Some states do do quality assurance auditing in order to determine generally whether there was evidence of fraud, but I think that has to be expanded. And I do think we have to prohibit harvesting. Harvesting, you know,
00:45:03.000 Back when they established the bipartisan commission chaired by Baker and Jimmy Carter, they identified universal mail-in ballots and harvesting are the two biggest areas of potential fraud and abuse.
00:45:17.000 And I think harvesting is a terrible development.
00:45:20.000 It has to be stopped.
00:45:21.000 It does away with the secret ballot.
00:45:23.000 It opens people up to undue influence.
00:45:26.000 It permits the buying of votes.
00:45:30.000 And you lose the ability of really knowing who it is who's casting that vote.
00:45:35.000 And so I think we have to continue to push for all of those things.
00:45:39.000 So one of the big issues that's come up in the last few weeks, obviously, is there's all this information that a group called True the Vote has been putting out about digital communications or actually the cell phone ping signals of people who are allegedly moving from or past non-profit organizations and then going to multiple Dropboxes, going to 20, 30 Dropboxes.
00:46:01.000 At a time which, as you mentioned, would fall under probably issue two, not necessarily issue three.
00:46:06.000 And there's been a sort of attempt to conflate in the public mind the serious, real issue of the ballot harvesting or ballot trafficking of people who are gathering ballots in one place and then distributing them all over the city, which is a serious problem and raises the prospect of voter fraud with actual proof that the ballots that are actually being submitted are fraudulent ballots.
00:46:25.000 That's right.
00:46:26.000 But also I think, frankly, I think that the 2,000 mules thing is irresponsible because the cell phone evidence, so-called, is to me worthless.
00:46:38.000 I was waiting to see what the video showed, whether they actually had photographs of the same people doing that in any kind of scale, and they didn't appear to.
00:46:50.000 The phone call stuff is nonsense because if you take one million or two million phone calls in a big city and then you say how many times did they come within 100 feet of these ballot collection boxes, which are in highly trafficked areas, you're by definition are going to have several hundred easily.
00:47:13.000 And so statistically it shows nothing.
00:47:18.000 And I think it's irresponsible for them to basically say, if people go by multiple times, five times or whatever, ballot boxes, then they're mules.
00:47:30.000 It just doesn't, it just is not true.
00:47:33.000 And that's why it was rejected by the Georgia Bureau of Investigations.
00:47:37.000 Am I saying there was no harvesting?
00:47:39.000 No, in my book I think that's probably an area where there was abuse and there was harvesting, but it doesn't explain the president's loss in the key states that he had to win.
00:47:49.000 And one of the things I point to is say, look, he ran weaker than the Republican ticket in Arizona, in Wisconsin, in Pennsylvania.
00:47:58.000 And that's why he lost.
00:47:59.000 You go and look at the votes and where the margins were.
00:48:02.000 He lost because a lot of Republicans didn't vote for him.
00:48:06.000 In Arizona, 75,000.
00:48:08.000 He lost by 10,000 votes.
00:48:08.000 You know, in Pennsylvania, he lost 60,000 Republicans.
00:48:10.000 10,000 votes.
00:48:12.000 In Pennsylvania, he lost 60,000 Republicans.
00:48:18.000 50,000 to 60,000 Republicans didn't vote for him.
00:48:22.000 You're not going to win a national election, a close national election, if you're running below the Republican ticket.
00:48:30.000 So let's talk about sort of what happens in the immediate aftermath of the elections.
00:48:33.000 There are a bunch of lawsuits that are filed.
00:48:35.000 None of them are taken up by the courts.
00:48:37.000 Many of them do not really allege voter fraud sufficient to actually overturn the elections.
00:48:42.000 What are the conversations that are happening between you and the president during this time when he's openly alleging that the election was stolen and that effectively it should be overturned?
00:48:51.000 Well, I told the president that I thought he was not being well served, because he only had five or six weeks to get his act together, and that his group of lawyers was out there.
00:49:04.000 They weren't really alleging fraud, and to the extent they were, it was this absurd dominion machine theory, and they wasted five weeks on that.
00:49:13.000 And I said, the Justice Department is not a player in this other than pursuing crimes of fraud.
00:49:22.000 And usually those take two years to investigate.
00:49:26.000 And they're done in secret.
00:49:27.000 So, you know, the department is not a good tool to come in to, you know, affect the outcome of an election.
00:49:35.000 He has to do it through his campaign lawyers and the lawyers for the Republican Party in the states and so forth.
00:49:42.000 And if there's fraud, we're looking at it.
00:49:44.000 And so far, the stuff they're talking about is nonsense, including the thing down in Fulton County, Georgia.
00:49:52.000 But he didn't seem to listen to me at all about that.
00:49:56.000 So, time progresses, we move past the certification of the... all of the states certify their electors.
00:50:03.000 That really was the last day when a difference could have been made.
00:50:06.000 If there was going to be any difference made, if any of the state legislatures were going to take this up, they could have elected a different slate of electors.
00:50:11.000 None of them did.
00:50:12.000 This happens in early December.
00:50:14.000 And then you start to hear the argument crop up that suddenly the Vice President or the Senate of the United States can refuse to certify the slates of electors in the absence of a competing slate of electors under the Electoral Count Act.
00:50:27.000 When did you first hear about this argument being circulated and what did you make of it?
00:50:30.000 So I had already resigned, so I had my sort of conflagration meeting with the president on December 1st where he basically accepted my resignation.
00:50:42.000 I said, look, I know you're unhappy.
00:50:46.000 I'm willing to resign.
00:50:47.000 And he said, accept it.
00:50:48.000 And then he brought me back.
00:50:51.000 But on the 14th of December, I gave him my letter of resignation because that was the day of the Electoral College.
00:50:58.000 And I didn't think there was any way that the election could be changed after the Electoral College sent its votes to Congress.
00:51:06.000 After I left on December 23rd, I heard about this cockamamie idea that the vice president could unilaterally, you know, turn around the vote in Congress, and I thought it was a nonsense argument.
00:51:21.000 But my opinion, I didn't formally give my opinion to anyone on that because I was already on the outside.
00:51:28.000 So obviously you served in prior administrations.
00:51:30.000 What is the typical process at the end of an administration when people leave?
00:51:33.000 Because you did leave, obviously, before the president was out of office.
00:51:36.000 Is that unusual or do people generally start giving resignations, you know, a month before the actual end of the term?
00:51:41.000 That's actually not unusual.
00:51:44.000 People frequently leave before January 20th, Inauguration Day.
00:51:50.000 But obviously, me leaving what I did, people took note of that because of the efforts being made by the President to stay in office.
00:52:02.000 Fortunately, I got out before January 6th.
00:52:05.000 I hadn't heard anything about, you know, some so-called insurrection or anything.
00:52:11.000 I heard the President was going to have a rally on January 6th.
00:52:14.000 That's all I really knew about it.
00:52:16.000 When I saw what was happening on TV, With the attacks on the police and the use of force to break into the Capitol, I was incensed and said publicly that I was.
00:52:28.000 And I thought the President, while he didn't incite the riot as far as I could tell, and technically wasn't legally responsible for it as far as I could tell, I felt he had a certain degree of responsibility because he had led people to believe that there was something to achieve That the vice president had the ability to do it and there was something to achieve by going up the hill.
00:52:55.000 And there was an element in that group that clearly came, you know, cruising for a bruising.
00:53:01.000 They were wearing battle gear, essentially, the way Antifa does.
00:53:06.000 So I thought the president shouldn't be sicking a crowd to intimidate another branch of government as it carries out its constitutional duties.
00:53:17.000 I've said that from the beginning.
00:53:19.000 Whether or not it's a crime, One branch shouldn't be trying to intimidate another branch by using mobs to do that.
00:53:27.000 And so I see a similarity between what happened on January 6th and what people are doing with the Supreme Court today.
00:53:35.000 Let's talk for a second about the argument that's now made that the people who were prosecuted for January 6th are being unfairly prosecuted for January 6th.
00:53:44.000 And it seems like there are several different kind of groups of people on January 6th.
00:53:47.000 There's who the media sort of treat as the entire group, which is they'll say that that's Everyone, including the people who were at the rally, was actually kind of a smaller group of breakaway folks who are actually going into the building.
00:53:57.000 Then there were a group of people who actively were attempting to do violence to police officers who were breaking into the building, who were shouting threats at the Vice President of the United States, and all the rest.
00:54:07.000 And then it does seem like there were some people who sort of idiotically wandered into the Capitol building under the misimpression that they were allowed to be in the Capitol building.
00:54:15.000 I mean, there's video of some of those people.
00:54:17.000 How does law enforcement go about distinguishing these people?
00:54:20.000 You've been watching the prosecutions.
00:54:21.000 What do you make of the DOJ's treatment?
00:54:23.000 Well, I don't know all the evidence in each of these individual cases, but I think the distinctions you make are right.
00:54:28.000 I think the people who attacked police, who used force to gain entry, who clearly knew that they were not permitted in the building, gained entry by using force, those people should be prosecuted.
00:54:41.000 I think people who sort of wandered in, I mean there are video of Park Police, I mean Capitol Hill Police welcoming them to their house and all that kind of stuff.
00:54:55.000 I don't think those people should be prosecuted.
00:54:57.000 There were some that were clearly almost sort of looking around, almost like tourists.
00:55:03.000 But there clearly was a group that should be and they should do it based on the evidence as to each of these.
00:55:11.000 You know, I think there's clearly a big appetite at the department to throw the book at everybody and they're being hyper-aggressive on this.
00:55:20.000 You know, it's probably one of the biggest efforts the department has ever engaged in.
00:55:24.000 I could not have gotten that off the ground over the summer of 2020.
00:55:28.000 The department was, various offices were far more lethargic in pursuing the violent rioters there who were attacking federal property.
00:55:40.000 We did.
00:55:41.000 We arrested a lot of people.
00:55:42.000 We have prosecuted a lot of people.
00:55:44.000 We've prosecuted the arsonists, for example.
00:55:47.000 But that's not reported later in the news and there's a view that they all got away with it, which they didn't.
00:55:54.000 But another thing I tell my Republican friends who complain about the double standard is part of it also has to do with the way these things were done.
00:56:04.000 The left is very ingenious about how they work the scene between the First Amendment and criminal activity.
00:56:12.000 They dress in black.
00:56:14.000 They operated at night.
00:56:16.000 It was hard to pinpoint who was throwing the brick and who was engaging in violence.
00:56:21.000 And it was hard to get them into custody because they used tactics to de-arrest people.
00:56:26.000 by blocking the police. But in any event, it was hard to identify these people, the way they operated.
00:56:34.000 Meanwhile, the people who went up to Capitol Hill are all wearing distinctive clothing.
00:56:38.000 They're going into one of the most heavily photographed places in the world, hundreds and hundreds of cameras. And so it was very easy to identify them and catch them red-handed.
00:56:49.000 And.
00:56:50.000 If Antifa did something like that, I think they would be prosecuted, just the way the people on January 6th.
00:56:58.000 So what do you make of the media treatment in the aftermath of January 6th of this as a major insurrection, threat to the republic?
00:57:04.000 I mean, from where I sit, it looked like a riot and like it was cleaned up within hours of the riot.
00:57:11.000 And then it looks like the business of government went about its business within the next I essentially agree with that.
00:57:17.000 the election was certified. There's been an attempt to turn January 6th into sort of a landmark moment in American history, the sort of modern apotheosis of the worst of American politics. And I got to say that in comparison to the sort of damage that was done during 2020, it kind of looks like a pinprick. I essentially agree with that. I don't consider it an insurrection. I think it was a largely peaceful demonstration in the sense there were thousands
00:57:44.000 of people of there who did not try to get into the Capitol.
00:57:48.000 There was a hard core group of rioters who clearly broke the law and it was a riot.
00:57:54.000 I don't think the Republic was ever in danger.
00:57:56.000 I didn't think the Republic was in danger after December 14th when the Electoral College, when those certified votes were cast.
00:58:04.000 And no one was going down that route.
00:58:07.000 The vice president wasn't going down that route.
00:58:09.000 None of the states, none of the state legislators who the president was lobbying and so forth did anything to turn around the votes in their state.
00:58:19.000 So I just never saw a prospect of the process really being seriously jeopardized.
00:58:28.000 So now let's move forward in time to today.
00:58:31.000 You mentioned a moment ago the fact that you now have protesters who are attempting to actively intimidate justices of the Supreme Court.
00:58:38.000 I mean, that's why you show up at somebody's house.
00:58:40.000 You don't show up at somebody's house for any other reason other than intimidation, which is why it is actually against municipal law for people to do this sort of thing.
00:58:48.000 Meanwhile, you have some mush words from the White House, some members of the media suggesting that this is an act of good, because after all, rights are threatened So I want to get to your opinion on that.
00:58:59.000 I want to first kind of get your general opinion on the leak of the majority opinion, the draft majority opinion from the Supreme Court.
00:59:06.000 Is there any criminal activity there?
00:59:08.000 Because, I mean, certainly that is a violation of whatever rules of the Supreme Court exist.
00:59:13.000 Yeah, I think there clearly is criminal activity.
00:59:15.000 I think if the intent was to derail the opinion and influence the court, which I think it gives every indication that was behind the leak, and if that's the case, I think it's clearly an obstruction of justice.
00:59:32.000 It's an attempt to influence the due administration.
00:59:35.000 of justice, and I think there are a number of other federal laws that are implicated, including the conversion of a government document for one's own purposes, and fraud against the United States, a conspiracy to defraud the United States.
00:59:51.000 So I think there are a number of criminal laws that are implicated, and I think it's a manifestation, along with the In an effort to intimidate the court of the, you know, means justify the ends attitude of progressives.
01:00:08.000 They have a religious fervor that they're on the vanguard of history and they know where to take the country and anyone who opposes them is evil and therefore it justifies anything they do.
01:00:20.000 And they're the ones, as I've said all along, are shredding norms and attacking our institutions.
01:00:28.000 They are the ones that are eating out the innards of our institutions and have been for decades.
01:00:33.000 So, moving back to the sort of activity that we're seeing, I mean, I can't say that I'm particularly shocked by the fact that so many on the left are defending this sort of activity outside of Supreme Court justices' houses, but it still seems like we were promised that we would be reaching a new age of comedy and unity in the aftermath of the Trump administration.
01:00:52.000 Joe Biden came into office promising unity.
01:00:54.000 I'm not spotting it too much.
01:00:57.000 No, I agree.
01:00:58.000 But also, their tolerance of violence goes back a way.
01:01:02.000 I mean, even during the campaign in 2016, there were a whole series of attacks on Trump supporters, you know, in San Jose and Costa Mesa and Albuquerque and so forth.
01:01:15.000 And that seemed to be tolerated.
01:01:18.000 And then you have the summer of 2020.
01:01:20.000 So I'm not surprised that they countenance this kind of violence and attack on our institutions.
01:01:25.000 You might remember during the Trump administration they would wring their hands whenever there was a criticism of the court.
01:01:33.000 When someone criticized an opinion they said this was jeopardizing the independence of a court.
01:01:38.000 Now that's not true because criticism is the only way to try to keep judges on the straight and narrow is to call attention to when they depart from their role.
01:01:51.000 They were saying that was an attack on the independence of the court.
01:01:55.000 And here you have actual intimidation and they're silent about it.
01:01:59.000 I also wanted to ask you about the fact that the DOJ has now been taken over by Merrick Garland.
01:02:06.000 Merrick Garland was supposed to be an impartial participant in the DOJ.
01:02:11.000 It seems, quietly under the radar, he seems more like Eric Holder than he does like an impartial adjudicator of the DOJ.
01:02:18.000 What's your opinion on how he's handled the DOJ so far?
01:02:21.000 I've made a decision.
01:02:23.000 I'm not going to comment on the success or the behavior of my successor.
01:02:30.000 I think what I will say, though, is that I think this White House has been more aggressive Far more aggressive and active in trying to control the Department of Justice than what occurred under the Trump administration.
01:02:45.000 I mean, that has been pretty amazing.
01:02:48.000 President Trump, as I've said before many times, maybe written on his epitaph will be 45th President of the United States.
01:02:54.000 He said a lot of stuff.
01:02:56.000 that was sort of one of his typical characteristics is that when he'd have a thought, it would just end up on Twitter.
01:03:01.000 But Democrats have a more typical way of effectuating their thoughts, which is they just go to people and make them do things.
01:03:08.000 And it seems as though the DOJ, and you're not gonna see President Biden sounding off too much about the Border Patrol, but when there is some sort of hot story on Twitter, suddenly you will see a statement from the DOJ emerge about how they're investigating how maybe Border Patrol agents are maybe whipping migrants at the border.
01:03:26.000 And that'll come out of the DOJ.
01:03:27.000 It won't come out of the president's Twitter thread, given all of this, given the fact that the left always perceives Republican DOJ appointees to be, or attorney generals to be, you know.
01:03:37.000 Political hacks.
01:03:38.000 Republicans will always perceive Democratic AGs to be political hacks.
01:03:42.000 One of the big issues, I think, going forward is obviously institutional trust in the United States at an all-time low.
01:03:48.000 It seems almost impossible to restore trust in those institutions.
01:03:51.000 If we're going to restore trust in those institutions, how do you think that happens?
01:03:54.000 Well, I tell people that I think the first step is to win a decisive Reagan-esque type victory.
01:04:01.000 I tell people, if you really believe in making America great again, you have to ask yourself, how do you do that?
01:04:06.000 You don't do that with, you know, in one term.
01:04:10.000 You don't do that by just sort of beating up and fighting the left at every turn.
01:04:20.000 You do that by winning several terms and having a decisive victory that allows you to make the kind of significant changes and institutional changes that have to occur.
01:04:34.000 Until that happens, I don't see any hope.
01:04:36.000 of turning this around.
01:04:40.000 But I do think the groundwork is being laid for that.
01:04:43.000 I see what's happening today as similar to the 60s and 70s.
01:04:47.000 And then the Democrats, where they took a sharp turn to the left, they tried to patch over their differences by bringing an empty vessel, Jimmy Carter.
01:04:55.000 I think we see the same thing today.
01:04:57.000 There's no question that the Democrats have taken a very sharp turn to the left, especially under Obama.
01:05:05.000 They tried to patch it up by clearing the playing field and putting in Biden, who's overwhelmed by the issues we face.
01:05:12.000 And that lays the groundwork for a Reagan-type victory.
01:05:16.000 He won 40 states, then 49 states, and then as vice president won 40 states.
01:05:21.000 That's where you can make some permanent and effective changes.
01:05:25.000 I'll tell you now that when I went to the department after Ronald Reagan had been in office for two terms, it was a different department than when I went.
01:05:35.000 And Obama had been in power for two terms.
01:05:38.000 So that's the starting point.
01:05:40.000 Then there's a lot to do.
01:05:41.000 I think we need an administration that comes in with a game plan to get back to basics on certain critical issues.
01:05:52.000 Federalism, education, a host of things to downsize the government, focus the government on the kinds of things it can do well.
01:06:02.000 And accept diversity in this country, which is the essence of our federal system, and also an educational system that actually starts turning out people who are well-educated, competitive, love their country, understand our system.
01:06:23.000 I do want to ask you a few final questions, Attorney General, starting with how we rein in big tech and big business, which both seem oriented against free speech and the right.
01:06:30.000 Also, I want to ask you to compare and contrast your experiences under George H.W.
01:06:34.000 Bush and Donald Trump.
01:06:35.000 It's quite a contrast.
01:06:36.000 If you'd like to hear the AG's answers, you have to be a Daily Wire member.
01:06:39.000 Head on over to dailywire.com, click join.
01:06:41.000 You can hear the rest of our conversation over there.
01:06:43.000 Make sure to go out and get a copy of the AG's new book, One Damn Thing After Another, Memoirs of an Attorney General.
01:06:48.000 The book is available for purchase right now.
01:06:50.000 AG Barr, thanks so much for joining the show.
01:06:51.000 Really appreciate it.
01:06:53.000 Thank you, Ben.
01:06:53.000 I appreciate it.
01:07:06.000 Executive Producer Jeremy Boring.
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01:07:10.000 Associate Producer Justine Turley.
01:07:12.000 Editing is by Jim Nickel.
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01:07:21.000 The Ben Shapiro Show Sunday Special is a Daily Wire production.