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July 20, 2023 - The Ben Shapiro Show

51:47

Bombshell Whistleblower Testimony Exposes Biden Double-Standard

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	So most of the legacy media did not touch the big story of the day yesterday.
	They pretended there was really no big news yesterday.
	They covered other things like sex in space, or they covered what is going on with the possible looming Trump indictment, which we'll discuss in a little bit.
	Leaked information about what is actually in the indictment suggests that they really do not have much against President Trump.
	Shock of shocks.
	But the big news of the day was this whistleblower testimony that happened on the Hill.
	Now, just let's play the game.
	Imagine that the roles were reversed.
	Imagine that Democrats had brought forward an IRS whistleblower who had suggested open corruption inside the Trump family and then had suggested that Trump militarized the DOJ to protect his kids.
	Do you think that might lead the news?
	Do you think that might actually serve as the predicate for impeachment?
	I'm gonna go with yes on that.
	But if it's Joe Biden and Hunter Biden, then not only are we supposed to pretend that nothing bad happened, we're supposed to chastise people for speaking about it.
	The whistleblowers themselves are now considered bad.
	Whistleblowing is bad if it's against Democrats.
	This is the way that all of this works.
	This is how you get through the entire Obama administration, which was a scandal-ridden administration.
	Everything from the IRS targeting political opposition to Benghazi.
	You get through that entire administration with the entire media proclaiming that the only scandal Barack Obama ever had is that he wore a tan suit at a press conference once.
	Hey, this is the game.
	Well, here's the thing.
	What the whistleblower said yesterday is pretty damning.
	They said a bunch of things.
	There were two separate whistleblowers.
	One is a guy named Joseph Ziegler.
	He is one of the whistleblowers from the IRS.
	The other one we've met already, that was Gary Shapley, also an IRS whistleblower.
	And they testified to a few things.
	One, they testified that it's pretty obvious that Hunter and Joe Biden spoke about business.
	Two, they testified about the amount of money that was passing within the Biden family, the Biden so-called crime family, from a wide variety of sources ranging from Romania to China to Ukraine.
	Burisma alone is responsible for paying the Biden family business $7.3 million over the course of several years, including when Joe Biden was vice president, according to that IRS agent, Joseph Ziegler.
	The IRS whistleblowers also suggested that the prosecutors who were supposed to be going after Hunter Biden were basically stopped from doing so by Joe Biden's DOJ.
	So Was there a bribery crime?
	Perhaps.
	Was there a cover-up?
	It appears to be that the DOJ used its leverage and its power in order to prevent harsher sentencing from being brought against Hunter Biden and also from certain questions being asked in the first place.
	So let's go through some of the testimony.
	So first of all, let us introduce IRS whistleblower Joseph Ziegler.
	So in an attempt to get ahead of the smearing that inevitably was going to come his way, Joseph Ziegler pointed out that he's a gay Democrat.
	Now, identity politics doesn't work in this way for Democrats.
	The way that it works for Democrats is that if he's a gay Democrat, no, you're not.
	That is the typical response, that he's a bad person nonetheless, which means probably he's a straight Republican.
	But here is Joseph Ziegler talking about his personal life as sort of a shield against the fact that Democrats presumably would claim that whoever makes a report against the Biden family must inherently be some sort of conservative Republican.
	Here's Ziegler.
	I hope that I am an example to other LGBTQ people out there who are questioning doing the right thing at the potential cost to themselves and others.
	We should always do the right thing, no matter how painful the process might be.
	I kind of equate this to the experience and feelings I encountered when coming out.
	It was honestly one of the hardest things I ever had to go through.
	I contemplated scenarios that would have been highly regrettable, but I did what is right and I'm sitting here in front of you today.
	Okay, Ziegler does not seem like an uncredible source, right?
	All you have to do is gauge the credibility of the sources by looking at their testimony or by the contemporaneous documentation brought forward, as Shapley is going to explain in just a minute.
	The other whistleblower, he's the only one who has any sort of corroborated reports.
	Everything that David Weiss, the U.S.
	attorney who is going after Hunter Biden in very soft, cushy fashion, was saying has not been corroborated by anybody.
	Everything Shapley has said was being corroborated by other sources.
	In any case, Ziegler also pointed out that he's risking his career and his reputation by coming forward on this sort of stuff.
	Members of the Committee, today I sit here before you not as a hero or a victim, but as a whistleblower compelled to disclose the truth.
	That said, in coming forward, I believe I am risking my career, my reputation, and my casework outside of the investigation we are here to discuss.
	I ultimately made the decision to come forward after what I believe were multiple attempts at blowing the whistle Okay, so Ziegler then testified that he was stopped during this entire investigation from interviewing Joe Biden's adult children, that there was an attempt made by his superiors to prevent there from being any serious questioning of Hunter Biden about all of his corrupt foreign affairs.
	Why did you want to interview Hunter Biden's adult children?
	So a lot of the business deductions, expenses, related to the adult children.
	Did you get the approvals?
	So we never received the approvals to talk to those people.
	What did the Assistant U.S.
	Attorney tell you?
	That that's going to get us into hot water.
	Is that in the IRS handbook?
	Avoiding hot water?
	No, but I mean, I was asking to do these certain things, and roadblock after roadblock was put up in front of me.
	In his opening statement, Ziegler testified, quote, I have reason to believe there was gross mismanagement present throughout this investigation, that there was a gross waste of funds relating to the tax dollars spent on investigating this case, and that there was an abuse of authority with DOJ tax and Delaware United States Attorney's offices.
	So Democratic members tried to rebut all of this by pointing out that David Weiss was originally a Trump-appointed U.S.
	attorney who had been appointed by AG Bill Barr.
	And the idea here is that these People were somehow overseeing all of this.
	But here is the problem with that particular theory.
	That assumes there's not institutional capture.
	Meaning, David Weiss, at what point was he actually preventing these investigations from going forward?
	If it was in 2021 or 2022, obviously that is under Joe Biden.
	There's also the broader concern that has now taken root in all of the DOJ, which is this bizarre space that's been created largely by James Comey, which is we can't be involved in quote-unquote election interference.
	And what that typically means is that they are going to overlook criminality unless your name is Donald Trump.
	If you're Donald Trump, then the DOJ will go after you with the hammer and the tongs.
	And if you are anybody else, meaning a Democrat, then even Republicans inside the DOJ are not going to go after you.
	Well, there's got to be one standard for everybody.
	Either it's election interference or it's not election interference.
	If it's election interference to deeply investigate the Biden family in the run-up to the 2020 election, Even if it was Republicans doing it.
	If that's the rule, can't get involved in election interference.
	James Comey's not going to get involved in election interference because if he indicts Hillary Clinton in 2016, then somehow it prevents the election from going forward fairly.
	And what exactly would you call it when prosecutions are brought over and over and over against Donald Trump when he is the leading candidate for the Republican nomination?
	What would you call it?
	It's either election interference or it's not election interference.
	If the idea is we can't investigate too deeply, and this is a sort of bipartisan consensus inside DOJ, can't investigate too deeply, can't ask serious questions, because obviously it might interfere with the American people's choice.
	Well, then how do you get to do it with Trump?
	Like, everyone can see the double standard and you wonder why institutional credibility with the DOJ is absolutely in the toilet?
	This would be the reason.
	In one second, we'll get to the other IRS whistleblower, Gary Shapley.
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	Okay, so the other IRS whistleblower is, of course, Gary Shapley.
	And he points out, you know, you guys keep suggesting that I'm some sort of partisan actor.
	That is not true.
	No matter your party, I am not your opposition.
	I am here with information for you to examine, investigate, and determine whether more action is warranted on your part.
	I am on your team, whether we agree on every politically sensitive issue or not.
	There is no benefit for me blowing the whistle on this case, absolutely none.
	I have no book deal, and the only money that goes into my bank account every two weeks is from my employment for the federal government.
	Okay, Shapley also pointed out that every single decision that was made during the course of this investigation benefited the Bidens.
	What are the decisions that treated the Bidens adversarially?
	The answer is, he can't name any.
	Investigators were not allowed to follow up on WhatsApp messages from Hunter Biden's Apple iCloud backup, where he suggested he was sitting next to his father.
	Assistant United States Attorney Leslie Wolf cited the optics of executing a search warrant at President Biden's residence as a deciding factor for not allowing it, even though she agreed that probable cause existed.
	Prosecutors instructed investigators not to ask about the big guy or dad when conducting interviews.
	The Biden transition team was tipped off about interviews the night before the investigation went over.
	A fact my FBI counterpart confirmed to this committee in a recent testimony, where the result was that only one witness spoke to investigators that day.
	These are just some of the examples of how our investigation was stymied.
	Again, not wrong, and he is the only one who has corroborated documents, a point that he makes here.
	He says, listen, David Weiss told us, like straight up, he just told us that he had been denied special counsel status by Merrick Garland's DOJ, which would have allowed him to charge in a wide variety of jurisdictions.
	And I'm the only one who has that story corroborated, says Shapley.
	Meanwhile, you have David Weiss saying things that are rebutted by other testimony from other witnesses.
	Mr. Weiss was consistent with the investigators up until this October 7th meeting, and then he changed.
	What do you think happened, Mr. Shapley?
	I don't know what happened internal at Department of Justice, but what I can say is that the story has been changing from Department of Justice and U.S.
	Attorney Weiss, and I think the only person that's really had any documents that have been corroborated are my own.
	Now, here's the thing.
	Is there a partisan aspect to this?
	Of course.
	and your tax dollars to put out carefully crafted, narrow non-denials that have confused rather than
	clarified for the public, all without being subject to cross-examination on the facts.
	Now, here's the thing. Is there a partisan aspect to this?
	Of course. Merrick Garland is a Democrat. Merrick Garland is going to be protective of
	Joe Biden.
	But many of the accusations that are being made by these IRS whistleblowers suggest that the DOJ under the Trump administration was actually acting in this way.
	Now, again, that may go to this sort of broader, quote unquote, good faith attempt by the DOJ not to interfere in elections because a lot of these decisions were being made in 2020.
	But if that only applies to one side, it is not fair, as everyone knows.
	The original sin here, as I've said a thousand times, the original sin is that James Comey should have charged Hillary Clinton.
	Hillary Clinton clearly violated the law when it came to her handling of classified documents.
	If she had been charged in 2016, that would have set the predicate for the idea that charges would be appropriate for anyone who violates the law going forward.
	Because here's the thing that's so stupid about this logic that you can't interfere in the election.
	If you don't prosecute, you are interfering in the election.
	A sin of omission when it comes to prosecutorial discretion is very often just as grave as a sin of commission.
	James Comey's failure to prosecute Hillary Clinton is just as damaging against the Republicans, for example, as the Democratic attempt to now prosecute Donald Trump in advance of an election.
	And that is particularly true when you're talking about a double standard where it appears that election worries just don't exist, I suppose, with regard to Republican candidates for the presidency of the United States.
	Now, the media have decided the big scandal here is not anything the IRS whistleblowers are saying.
	The systemic corruption, the attempts to cover up for Hunter and Joe Biden.
	They're not even willing to point out some fairly obvious points that were admitted in some of the cross-examination.
	Dan Goldman, Democratic representative and one of the lawyers in the impeachment hearing, Dan Goldman accidentally confirmed in the middle of this hearing that Joe Biden did discuss Hunter's foreign business dealings with Hunter.
	Here was Dan Goldman doing that.
	It was a big oopsie moment.
	And you testified that he said to that Hunter told his dad, according to Rob Walker, quote, I may be trying to start a company or try to do something with these guys.
	Now let me ask you something.
	That doesn't sound much like Joe Biden was involved in whatever Hunter Biden was doing with the CEFC if Hunter Biden is telling him that he's trying to do business with them, does it?
	No, but it does show that he told his father he was trying to do business.
	Okay, well that is true.
	Hunter Biden does try to do business, that's correct.
	So you not only have no direct evidence connecting Joe Biden to any of Hunter Biden's business deal, you actually had proof that he wasn't involved.
	That is the proof that you had.
	Well, actually, no.
	What you just admitted, Dan Goldman, is that Joe Biden and Hunter talked about his business dealings.
	And maybe the sort of wink-wink, nod-nod arrangement was that you go and you do your stuff and money just magically appears in my account, and every so often I take a meeting, and that's sort of the way that we play this game.
	By the way, this would not be a giant surprise.
	Apparently, the way, particularly with the Chinese, that you do business, and this is true in a lot of foreign countries, because so many countries are deeply corrupt and deeply political, including China.
	Many Chinese business people who are working hand-in-glove with the government, they believe that politics works the same way in the United States.
	That if you get a meeting with the Vice President of the United States, for example, that this like magically greenlights your business project and means billions of dollars flow into your coffers.
	And this is true for a lot of foreign countries.
	And it's exactly this impression that the Biden family has traded on for Joe Biden's entire political career.
	Is that if you meet with a senator, then this means that somehow something good is going to happen for the business.
	So Americans can look at that and even be like, okay, so you met with the Senator, who cares?
	But if you're from a country where meeting with a Senator very often involves that Senator now being your friend and that friend now cramming through a bunch of stuff that you like, you can see why the Chinese were deeply invested in Hunter Biden hooking up with Joe Biden.
	And that doesn't require Joe Biden to be like deeply invested in every aspect of Hunter's business.
	I don't think there's an accusation that Joe Biden is sitting there and like going over the books with Hunter.
	All he cares about is does that money appear in his bank account?
	And Joe Biden is a lot richer than normal vice presidents who have been on a senator's salary for most of their career typically are.
	Well, the media have decided, of course, that this is not the story.
	The real story is, of course, of course, of course, how evil Donald Trump and the Republicans are during a whistleblower hearing about the Bidens.
	Clearly.
	We'll get to that momentarily first.
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	Okay, so...
	Democrats, of course, in the media, but I repeat myself.
	They have decided, the big story here is that Marjorie Taylor Greene showed photos of Hunter Biden's laptop.
	So here is what it looked like when Marjorie Taylor Greene decided to ask some questions about Hunter Biden's laptop and decided that it would be a good idea, I think, frankly, this is hilarious, to show all of the pictures of Hunter Biden unclothed on his laptop and doing the drugs.
	So when Hunter Biden paid for this woman To do this with him, to travel across state lines from California to Washington D.C.
	on June 15th.
	This is a violation of the Mann Act.
	This was prostitution.
	Mr. Shapley, you started an investigation into Hunter Biden, codenamed Sportsman, which opened in November of 2018.
	It was an offshoot of an investigation the IRS was conducting into a foreign-based amateur online pornography platform.
	This is evidence.
	Okay, so the media's take on this was, Marjorie Taylor Greene, this is Daily Beast, inflicts Hunter Biden nudes on Congress.
	Inflicts.
	Oh, you are so wounded, aren't you?
	Oh, I mean, oh my God, you can't.
	Did the committee of the ladies' times expire?
	Okay, so the media's take on this was Marjorie Taylor Greene, this is Daily Beast, inflicts
	Hunter Biden nudes on Congress, inflicts.
	Oh, you are so wounded, aren't you?
	Oh, I mean, oh my God, you can't, oh, be still your Puritan beating hearts.
	Oh, yes, I believe you.
	I believe you, all you Democrats who believe that we need to read genderqueer to our seven-year-olds.
	I totally believe you.
	I think that you are deeply concerned about graphic nudity in Congress in front of a bunch of adults.
	By the way, it's blacked out.
	I think that I totally believe you.
	I think that you guys are just the sensibilities of Congress have been offended.
	Yes, I believe you.
	I believe you.
	I love the faux outrage from these people.
	Jared Moskowitz, Democrat of Florida, said, in an effort to own Hunter Biden, they're assembling nude photos of him, having some intern have to sit in a room and blow up these photos and put it on poster boards and figure out, oh, which ones are beyond the pale.
	And then AOC acted really offended.
	She called the images pornographic and accused Republicans of reaching a new low.
	They should make a kid's book out of it and put in school libraries, and then Democrats would all be out front protesting in favor of it.
	Animate Hunter Biden's porn from his laptop and stick it in a school library for 6th graders and Democrats would be like, How dare you try to take that out of the library, you censorious bastards, you!
	You're so tiresome!
	You're so tiresome.
	Okay, if you don't like Hunter Biden's nudes on his laptop, then I have a few recommendations.
	One, Hunter Biden is a scuzzbag.
	You should stop defending Hunter Biden.
	Two, Hunter Biden shouldn't have left his laptop being a drug-addicted derelict who's in his 50s at a stupid computer repair shop.
	Three, you guys shouldn't have all claimed that it was Russian disinformation.
	And four, maybe you should let him be prosecuted when he commits crimes like transporting prostitutes across state lines, apparently, and then allegedly taking tax write-offs for them.
	Maybe it's a you problem, in other words.
	I'm so tired of this crap.
	Democrats do this with regard to so many issues.
	If you show a picture of what an aborted fetus looks like, they're like, that's so offensive.
	Yes, that's our point.
	That's our point, not your point.
	You don't get to act offended.
	Your tender sensibilities have been bruised by all of it.
	Shut up.
	You're ridiculous.
	But that wasn't it.
	That wasn't it.
	The Democrats also decided that it was very important during this hearing to ignore all of the whistleblower revelations and of course talk about Donald Trump and Slam.
	How are we even doing?
	We'll get to that momentarily first.
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	OK, so naturally, Democrats tried to pretend that this was all ludicrous and terrible.
	So Representative Jamie Raskin, he's one of the people you hear shouting at Marjorie Taylor Greene, why is this happening?
	Oh, no.
	Oh, oh.
	He slammed the House hearing as a theater of the absurd.
	A theater of the absurd.
	Again, I can't... Can I just point out that all of Congress is a damned joke at this point?
	You guys are a joke.
	There's a reason why you're in single digit approval ratings.
	No one likes you and we all think you're a theater of the absurd.
	So I don't want to hear about how you are very serious people.
	Top men handling Congress.
	From Jamie Raskin.
	Give me a break.
	I thought we might be here today on the matter that the chairman declared his top priority, the crusade to find evidence of wrongdoing by President Biden.
	But now the majority's long-promised star witness turns out to be a fugitive from American justice, an arms trafficker indicted on eight federal criminal felony counts and an unregistered foreign agent for China who tried to trade Chinese arms for Iranian oil.
	So I guess he's not going to be a witness for the majority anytime soon.
	Well, after the failed SARS reports, bank records, Form 1023, we can conclude that this Inspector Clouseau-style quest for something that doesn't exist has turned our committee into a theater of the absurd, an exercise in futility and embarrassment.
	Yes, our honor has been offended.
	Meanwhile, Representative Kweisi Mfume, he is a Democrat from Maryland.
	He says that we need the DOJ and the FBI and the IRS because they're keeping this democracy in check, which is an admission against interest, I think.
	Here's what goals mean.
	I don't like these attacks on the Department of Justice, the FBI, the IRS, as if they are somehow anti-US agencies.
	Those agencies keep this democracy in check.
	It keeps them in float.
	They provide the checks and they provide the balances.
	Wait, the IRS and the DOJ and the FBI provide the checks and balances against the American people?
	I don't think that means what you think it means.
	That is actively not their job.
	It is not the job of the DOJ, the FBI, or the IRS to keep democracy in check.
	They have statutory authority to do certain tasks.
	If they move beyond those tasks, then they actually are going into directions they should not be going into.
	I love that the Democrats want to overrule the Supreme Court are suddenly about checks and balances when it comes to executive branch agencies, which are not a check or a balance.
	It's absolutely incredible.
	So apparently the DOJ is just a check and a balance when it lets Hunter Biden skate without any serious questions, but goes after Donald Trump.
	That's a check and that's a balance.
	I notice how much you love the checks and balances when you guys are actually in control of the levers of power.
	Representative Chantelle Brown of Ohio, she just dismissed all of this.
	Nothing about the Bidens has any merit.
	They're the nicest, most gracious, most wonderful people.
	We can't even follow which investigation we're discussing today as if the FBI, the IRS, XXX, or something new.
	I know the American people are confused because we're all confused what we're doing here.
	Nothing this majority has claimed about the president or his family has merit.
	No wonder the folks back home are tuning out all this confused mess.
	Oh, yeah, nothing has merit.
	Really, nothing.
	Which is why Hunter Biden pled guilty to a bevy of crimes.
	Would that be the reason?
	Well, Joe Biden was claiming he was innocent as the driven snow.
	Ro Khanna from California.
	He says, you know what the problem is with you guys, you IRS agents, you checks on democracy?
	You know what's wrong with you guys?
	You're sticklers for the law.
	Isn't that literally their job?
	Here's Ro Khanna.
	And I'm not questioning.
	I mean, you are a stickler for the law.
	You know, it reminds me of That is the worst description of the plot of Les Mis I've ever heard.
	It's like Les Mis, like the famous person who wanted to get the sandwich?
	Okay, so first of all, let me point out that in Les Mis, Jean Valjean steals a loaf of bread to feed hungry children.
	In the Hunter Biden story, Hunter Biden takes a bunch of foreign money so that he can bang hookers and do crack.
	And then takes a tax write-off.
	I'm sensing not Jean Valjean in that story.
	You have to go a long way from Jean Valjean to get all the way over here to Hunter Biden.
	Again, steals a loaf of bread to feed hungry children.
	Ro Khanna's like, it just reminds me of that.
	It's like that.
	Except over here, he's snorting crack off a hooker's ass and taking a tax write-off.
	Exactly the same.
	And you, my friend, you, my friend, are just the villain in that story.
	That's you.
	You're Javert.
	The guy who steals the sandwich.
	Oh my God.
	These people.
	But here's the thing.
	They're all for sticklers of the law when it comes to Donald Trump.
	When it comes to Trump, then... The law must... No one is above the law.
	And that's why Donald Trump must be prosecuted.
	On every offense.
	Forever.
	Now, I noticed again that you guys are perfectly happy to dismiss charges against the Bidens or Hillary Clinton or anybody else because it might be election interference.
	But the minute that Donald Trump is the guy, then it's not election interference anymore.
	It's just the law kicks into place.
	Now again, there are two arguments there.
	One is the election interference argument, and one is you guys are really Javert.
	But you're not even Javert.
	You're just misinterpreting the law in order to get Trump.
	And Javert, you can at least make the case, was actually correctly interpreting the law.
	He was just not applying mercy.
	I mean, I think that's Victor Hugo's entire point.
	In this particular story, the claim that you are making is that it's okay to misinterpret law to get Trump.
	Which is what's actively happening, for example, in the Alvin Bragg case, the Manhattan DA case, prosecuting Trump for campaign finance violations that clearly are not covered by the law.
	And it appears more and more clear that that may be the case with regard to the charges that are now being brought against Donald Trump or will be brought by Jack Smith against Donald Trump with regard to the January 6th events.
	So according to the New York Times, federal prosecutors have introduced a new twist into the January 6th investigation by suggesting in a target letter they could charge former President Trump with violating a civil rights statute that dates back to the post-Civil War reconstruction era, according to three people familiar with the matter.
	So they know they don't really have Trump on anything is what it sounds like, and so what they are actively attempting to do now...
	is stretch the definition of charges to get Trump.
	I said yesterday I was going to withhold opinion until I saw more about the indictment.
	Well, now there's more about the indictment being leaked to the New York Times, so I can make a judgment as to the merits of the indictment as that sort of stuff rolls out.
	Again, two things can also be true at once, as they are in the classified documents case, that Donald Trump may have fulfilled the elements of a crime, but it's also a political prosecution.
	Both those things can be true.
	When it comes to this particular charge they're talking about on January 6th, if this ends up being in the indictment, this is a stretch beyond a stretch.
	According to the New York Times, the letter to Trump from the Special Counsel referred to three criminal statutes as part of the grand jury investigation into Trump's efforts to reverse his 2020 election loss, according to two people with knowledge of the content.
	Two of the statutes were familiar from the criminal referral by the House January 6th Committee and months of discussion by legal experts.
	That'd be conspiracy to defraud the government and obstruction of an official proceeding.
	We'll get to those in just one second because those both appear to be weak as well.
	The third criminal law cited in the letter was a surprise.
	That'd be Section 241 of Title 18 of the U.S.
	Code.
	Which makes it a crime for people to, quote, conspire to injure, oppress, threaten, or intimidate any person in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States.
	Originally, this was directed in order to shut down the Ku Klux Klan in the aftermath of the Civil War.
	The idea was we're going to have federal agents go prevent the Ku Klux Klan from engaging in terrorism to stop black people from voting, for example.
	In the modern era, it's been used really with like voting fraud conspiracies, like actually stuffing ballot boxes, for example.
	So a 1950 opinion by the Court of Appeals for the Sixth Circuit wrote that applying Section 241 in a ballot box stuffing case could be correct because we all have a right to vote.
	And if that right to vote is somehow overturned by somebody who's engaging in fraud, then it may violate the statute.
	Same thing in a 1974 Supreme Court opinion, which allowed Section 241 to be applied to West Virginians who cast fake votes on a voting machine.
	But it's going to be very difficult to stretch that to cover Trump.
	Presumably, they would have to suggest that Trump was attempting to overthrow an honest count of votes or something.
	Norm Eisen, who's a Democrat and worked for the House Judiciary Committee on behalf of the Democrats during Trump's first impeachment, he says, it seems like under 241, there's at least a right to an honest counting of the votes.
	Submitting an alternate electoral certificate to Congress is a novel scenario.
	It seems like it would violate this right.
	I don't see how.
	I really don't see how.
	Because Congress can just reject that.
	That's not the same thing as stuffing ballot boxes.
	That's saying, I don't like your interpretation of this law.
	Here's my alternative interpretation of the law.
	Maybe you'll go for it, which is actually what happened, right?
	John Eastman provided Trump with this gussied-up, ridiculous version of how the law works, which it doesn't, as John Eastman kind of acknowledged.
	And Trump then just presented that.
	That seems like that falls pretty clearly under free speech, not under violation of Section 241.
	The other two crimes, theoretically, that Trump could be charged with are Section 371 of Title 18 that makes it a crime to conspire to defraud the United States.
	The other, Section 1512, includes a provision that makes it a crime to corruptly obstruct an official proceeding.
	Now, Andy McCarthy has an excellent rundown on those potential charges.
	In national review.
	And here's what he says.
	He says, quote, I do not believe the charge of conspiracy to defraud the United States
	can survive this admonition unless the government can prove a defendant was trying to bilk the
	government out of money or tangible assets.
	Is there any evidence that Trump was trying to bilk the country out of money or tangible
	assets?
	I don't see how.
	So that particular section shouldn't apply.
	as far as corruptly obstructing Congress.
	He says, I don't think a charge of corruptly obstructing Congress can survive
	if the alleged corruption does not involve patently lawless behavior,
	such as evidence tampering or threats to use force against witnesses or Congress itself.
	Since Trump has not been implicated criminally in the violence of the Capitol riot, Jack Smith
	will almost certainly have to argue that the corruption lay in 1. Trump's awareness he lost
	the election and b. John Eastman's nonsensical legal theory that Vice President Pence had the
	authority to discount electoral votes.
	He said, I'd be surprised if prosecutors can prove beyond a reasonable doubt that Trump knew he'd lost the election.
	Again, this is my point yesterday is that proving intent in a Trump case, very, very difficult because Trump's intent changes moment to moment.
	And he's absolutely chimerical.
	So how exactly do you prove that Donald Trump, like today, do you think Donald Trump today thinks he lost the election?
	I don't.
	I think Donald Trump today thinks he won the election.
	Donald Trump has a unique capacity to convince himself of things, both for good and for bad.
	However, says Annie McCarthy, keep your eye on an episode that appears to have gotten a lot of Smith's attention.
	It is said that the Trump campaign raised tens of millions of dollars on the representation, that the money would go to a legal fund that would fight the election fraud, by which Trump claimed the election was being stolen.
	But according to the January 6th committee, there was no such fund.
	At least some of the money was diverted to other purposes.
	The New York Times says $200,000 was spent at Trump hotel properties.
	So that would look more like traditional fraud.
	Okay, so we'll see what the charges come down.
	But if the three charges that people are discussing are the ones that are brought, those are super weak.
	And listen, even if they weren't super weak, pretty clearly politically motivated.
	But if they're weak and politically motivated, it looks like Alvin Bragg, the case for political prosecution becomes even stronger, obviously.
	Well, the Biden administration was asked yesterday about whether they're weaponizing government.
	And here is Karine Jean-Pierre's response.
	Lastly, former President Trump received a letter from the special counsel that he's
	being investigated for his role in efforts to overturn the 2020 election.
	House Speaker Kevin McCarthy says the Biden administration has decided to, quote,
	weaponize government to go after their number one opponent, end quote.
	Here's what we have done.
	The president respects the Department of Justice, their independence.
	He has been very, very steadfast on making sure that the rule of law comes back in this administration, comes back in the White House and clearly the administration more broadly.
	And that's what you have seen.
	I'm just not going to comment on this.
	Amazing, amazing stuff there from the White House.
	Now, why is all of this happening?
	I think we know the reason why all of this is happening.
	It's twofold.
	One, Democrats have decided that Donald Trump is a threat to everything.
	And two, they know that Joe Biden is super vulnerable.
	We'll get to that momentarily.
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	Okay, meanwhile, So if the material in the Trump indictment looks this week, why exactly are they doing it?
	Well, I think that we all know the answer.
	Democrats have to do whatever they can to stop Donald Trump.
	They have to do whatever they can to prop up Joe Biden.
	Now, there's also a dynamic where Democrats are perfectly happy to elevate Donald Trump in the primaries.
	They think that he's the most beautiful candidate.
	If you ask Democrats about this, they're basically pretty obvious about it.
	But they have built up in their minds this idea, this Mutually exclusive idea that one, it's good if Donald Trump gets nominated because Joe Biden can beat him.
	And two, Donald Trump is the greatest threat to the Republic ever.
	So how do you achieve both those things at the same time?
	That Donald Trump is a huge threat to the Republic and that also he needs to be the nominee so that Joe Biden can beat him.
	Well, the answer is you indict him.
	You indict him because by indicting him, you make sure that he can't be president.
	And also you elevate him in the primaries.
	So you've done all the things.
	And then you wonder why people are very suspicious of how these investigations are run, how these prosecutions are run.
	Here's the thing.
	When Democrats keep saying over and over and over that everything is justified in pursuit of Donald Trump, it makes us think that you will justify anything in pursuit of Donald Trump.
	Eddie Glaude from MSNBC, he says self-governance itself is on the table if Donald Trump wins the presidency.
	Now, first of all, I gotta say, I hate this language on all sides.
	I really hate it.
	I thought Barack Obama was a terrible president.
	I hated his presidency.
	I think Joe Biden is an awful president.
	I hate his presidency.
	I can't wait for him to not be president of the United States anymore.
	Do I think that self-governance itself is on the table in the United States right now?
	Like with every single election?
	I think you want to break up the country.
	It's a great way to do it.
	But that's exactly... Democrats are perfectly happy to do that.
	Here is Eddie Cloud.
	We're in this inflection point.
	Will we be a nation?
	Defined by the rule of law?
	Will we hold all of these folk accountable?
	Or will our political passions overrun?
	Will those passions then deny the legitimacy of the court?
	Will those passions deny the legitimacy of the decisions?
	Will it undermine the very foundation of the polity?
	So, we're in this moment where it seems as if the question of whether or not everyday ordinary people can engage in self-governance is on the table.
	Will we respect the decisions of the court?
	MSNBC hates the court since the Roe versus Wade overturning.
	Will we respect elections?
	I mean, you spent five years saying that Donald Trump was not the elected president of the United States.
	It's just, it's absurd.
	And you're doing all of this, by the way, in cover for a radical democratic agenda.
	Fascinating piece by Thomas Edsel, he writes a really good data-driven piece over at the New York Times fairly often.
	I disagree with him on a lot, but he at least brings the data.
	And he points out in this piece that while at the end of the 20th century the Republican Party moved rightward, since then, Democrats have moved far, far, far to the left.
	And this has opened a gap for Republicans if the Republicans will take advantage of it and Democrats are freaking out about it.
	Bill McInturff, a founding partner of the Republican polling firm Public Opinion Strategies, released a study in June, says Edsel.
	It documents the shifting views of Democratic and Republican voters.
	Among the findings, from 2012 to 2022, the percentage of Democrats who described themselves as very liberal grew from 29% from 19%.
	In 2013, when asked their religion, only 10% of Democrats said none.
	In 2013, when asked their religion, only 10% of Democrats said none.
	In 2023, that number was 38%.
	The percentage of Democrats who agreed that governments should do more to solve problems
	and help meet the needs of people grew from only 45% in 2013 to 45% in 2020.
	82% of Democrats believe government needs to do more to help solve problems and help meet the needs of people.
	82% in 2021.
	82% of Democrats believe government needs to do more to help solve problems and help meet the needs of people.
	We're spending $7 trillion a year, and we need to do more, according to 82% of Democrats.
	The most stable finding over a decade, says McInturff, is that Republicans barely budge on a host of issues,
	while Democrats' positions on abortion, climate change, immigration, and affirmative action
	have all fundamentally shifted.
	This, by the way, is driving additional fundraising for the GOP House.
	People aren't watching the GOP fundraising.
	Politico is.
	They point out that Republicans are dominating the cash dash so far in the cutthroat battle for the House in 2024.
	GOP leaders are continuing to reap the rewards of a successful years-long strategy to erase the massive small-dollar fundraising advantage Democrats enjoyed since Trump took office in 2017.
	Some 65 Republican candidates raised half a million dollars or more in the second quarter compared to just 40 Democrats, according to a political analysis of campaign finance filings.
	In 2019, only 30 Republicans crossed that threshold compared to 50 Democrats.
	So Republicans are out-raising Democrats on the House level.
	Joe Biden is innately vulnerable.
	I mean, when they have to try out Nancy Pelosi to defend Joe Biden, you know you're in trouble.
	In probably the most hilarious clip of the day, Nancy Pelosi, because she is extremely old and also not with it, she testified that Joe Biden is actually a spring chicken.
	Man, this is like the night at the end of Indiana Jones and the Last Crusade talking about how basically Methuselah is a spring chicken here.
	Here is Nancy Pelosi.
	We have to be hopeful.
	That's just the way it is.
	We're an optimistic country.
	We'll be hopeful that as we go forward, we can do this in a unifying way.
	And we couldn't be better served in that regard than by President Joe Biden.
	This is a person who respects other points of view, a person who has a vision about our country that is consistent with the vision of our founders, that respects the sacrifice of our men and women in uniform to keep our freedom intact and, again, Look at the lies.
	I mean, he's a traditionalist.
	He's a traditionalist.
	First of all, I don't know when Nancy Pelosi got two pairs of eyebrows, but in any case, it's an amazing thing.
	So apparently, Joe Biden, not only does he respect the vision of our founders, he's just a kid.
	He's a kid.
	He's a spring chicken, as I say.
	Age is relative.
	I was in L.A.
	for some Democratic stuff recently, and I met with Norman Lear, who's 100, going on 101.
	He was telling me some new shows he was involved in.
	I was meeting with Frank Gehry, a 90-something architect, showing me new buildings.
	He's building throughout the world.
	And they were like, 80?
	He's a kid!
	It is.
	It's relative.
	He's younger than I am, so he'll get to me as well, the president is.
	Uh-huh.
	Uh-huh.
	Guys, 80 is the new 20.
	Did you know that?
	It's not weird.
	At all.
	Meanwhile, what is Nancy Pelosi actually pushing?
	As I say, the Democratic Party continues to move steadily to the left.
	They have to protect Biden.
	They have to protect the precious.
	The only way to do that is to continue to set a double standard via the Department of Justice.
	I mean, here's Nancy Pelosi suggesting that we have to have a military policy that funds transgender surgeries or it's a tragedy.
	The Democrats have lost their minds.
	This is why I say all it would take for the Republicans to win is probably a sane Republican, but here's Nancy Pelosi doing the thing.
	The bill that came out of the Armed Services Committee, a committee you served on, was very bipartisan.
	I think it had one no vote.
	It was just about 100% bipartisan until they came to the floor and started really messing with it.
	It's a tragedy.
	It's really sad.
	This is the Democratic Party.
	And so, of course, they have to protect the geriatric daughter in charge.
	Of course they have to.
	And that means they need to simultaneously elevate Trump and they need to stop Trump simultaneously.
	And that's what a lot of these indictments are very much about.
	Meanwhile, I have to say the Biden administration is doing a stellar job, as always, with regard to foreign policy.
	It is amazing to watch as Xi Jinping just runs circles around people like John Kerry.
	So, Xi, the dictator of China, He was asked specifically by John Kerry to do more on climate.
	And he's like, nope, not interested.
	According to the New York Times, Chinese leaders rebuffed attempts by John Kerry, Joe Biden's climate envoy, to persuade them to commit to tougher climate action during three days of talks in Beijing.
	Kerry emerged late Wednesday from lengthy negotiations in Beijing with no new agreements.
	In fact, the Chinese president, Xi Jinping, existed in a speech that China would pursue its goals to phase out carbon dioxide pollution at their own pace, in their own way.
	So what exactly happened here?
	This is really funny.
	So John Kerry was then asked about this, the fact that Xi Jinping and the rest of the Chinese, who are responsible, by the way, they in India are responsible for the bulk of the world's carbon emissions at this point.
	Kerry was asked about the fact that Xi just rejected him to his face, like Dikembe Mutombo.
	And John Kerry's answer here was, no, no, no, that's not what he said.
	Are you sure he rejected me to my face?
	But that's never stopped me before!
	From anything!
	I'm John Kerry!
	Well, I think we all agree that nobody should be, quote, dictated to.
	And we're not doing that.
	That's why we had three days of intensive discussions.
	And I think if you ask Xi Jinping, he'll tell you there was zero dictation.
	Nor, I think if you asked Director Wang Yi and Oh my god, he's such a joke.
	in Han as well as, you know, any of the interlocutors we were talking to, they would tell you that
	there was no dictation here.
	There was a clear exchange of ideas.
	If anything is dictating, it is the science.
	Oh my God, he's such a joke.
	The science is dictating, he's not dictating, and nobody's not dictating, no dictation here,
	dicta-da-da-do.
	Ah, what a genius John Kerry is.
	I'm so glad we have him on the Climate Beat.
	By the way, can I point out that there are a lot of headlines right now about how hot it is outside?
	I know.
	It's hot outside.
	You know what I can do about that?
	Zero things.
	Thank God we have this thing called air conditioning.
	It's awesome.
	You know it's a great cure for being super duper hot outside?
	Being a first world country.
	Amazing.
	It works out tremendously well.
	Because it turns out that if you have a really solid energy grid, and you have the capacity to turn on that AC, you're living quite comfortably these days.
	You know what sucks?
	Global poverty.
	You know what brings global poverty?
	Decarbonization.
	Let me also point out that the media always do this routine when it's very, very hot outside.
	They never ever cover it when it's cold.
	So it's funny.
	The media will say, well, you know, it's not global warming, it's now climate change.
	And the reason they changed the term from global warming to climate change is because the climate in many cases is colder during the winters than it was before.
	So it's hotter during the summers and it's colder during the winters.
	They've called this climate weirding.
	But that doesn't really seem to go over all that way.
	So now they call it climate change.
	Which, of course, is an incredibly vague term because the climate is always changing.
	However, it is worth noting at this point that all of this focus— millions will die of the heat waves that are occurring on planet— Oh my god, the ocean is so hot during the summer in Florida.
	Okay, so first of all, it is hot this summer in Florida.
	Also, it's hot like every summer in Florida.
	You been to Florida?
	It's really, really hot and humid.
	Like, I noticed when I first visited here several years ago, and we moved anyway, because air conditioning exists.
	I just want to point out at this point that many, many, many more people die of cold than heat.
	I know that we're all very enamored of all of the pictures of it being hot outside and everything.
	And that the media have decided that when it's hot outside, this is just evidence that it's our fault or whatever.
	But lots more cold death than heat death.
	And so, if indeed the world is getting warmer on average, maybe it means that the winters are a little milder.
	And that might mean relief from death.
	So, according to the Lancet, there is more cold death than heat death literally everywhere.
	Literally everywhere on Earth.
	Here is a chart.
	Across the period 2000 to 2019, Asia experienced over 2 million cold deaths compared to less than half a million heat deaths.
	Africa experienced over a million cold deaths compared to a very low number of heat deaths, which is shocking because Africa is located in Africa.
	Europe, you're talking about 600,000 cold deaths as opposed to Less than 200,000 heat deaths over the course of two decades?
	North America, Latin America, same deal.
	Cold death?
	Way, way, way more prevalent than heat death.
	You don't hear about that because it's sort of inconvenient.
	Not only that, if you look overall, each year heat kills about half a million people.
	Cold kills 4.5 million people.
	I know that these are all inconvenient facts, but they are reality.
	And you can see it country by country.
	We have a chart, country by country, actually, showing the wild disproportion between cold death and heat death.
	I point this out just because, again, if you follow how the media cover science, this is what they do.
	Instead, you would imagine this chart was exactly reversed.
	There are 10 times more cold deaths than heat deaths in Europe.
	10 times.
	So, I guess that means that we obviously need to focus like a laser beam on how hot it is outside.
	Okay, time for a couple of quick things I like and then a thing that I hate.
	So, things that I like today.
	There is a good old book written in the 1920s written by José Ortega y Gasset.
	It is a book called Revolt of the Masses.
	It's sort of a classic in sort of conservative circles.
	The basic premise of the book is that when you have mass man, in other words, when the mass becomes the only thing that matters, as opposed to principles, you end up falling down the road to populism and fascism.
	Here's one of the things he says, the fascist and cynical species were characterized by the
	first appearance of a type of man who did not care to give reasons or even to be right, but
	who simply resolved to impose his opinions.
	That was the novelty, the right not to be right, not to be reasonable, the reason of unreason.
	The idea here being that if enough people say a thing, then it magically becomes true.
	It's something the founders very much opposed.
	This is why when you hear people talk about pure democracy, they are wrong.
	Pure democracy is a bad thing.
	The founders feared mob rule, quite properly so.
	Pure democracy was never supposed to be the way that governments work.
	This is why you need checks and balances.
	Unfortunately, we've moved more in the direction of a populist politics in which a pure majority gets to cram down its opinions on everybody else in really brutal fashion without appeal to reason.
	at the top of the federal government, for example, and that is very, very bad thing.
	Okay, other things that I like today.
	So there is this really charming story out of Britain.
	The Kingsguard.
	These are the folks with the funny hats who stand outside of Buckingham Palace.
	They're not supposed to move, right?
	They're statue-like.
	If you go and you visit Buckingham Palace, they just stand there.
	And now there is a video of Mike Van Erp, who's 50, who's better known by his YouTube name Cycling Mikey, and a youngster posing for a photo.
	It's caused a stir because it is, again, their job to basically stand there absolutely still, but footage shows how there is a member of the guard who moved closer to Mike and a boy trying to get a photo to remember their trip to the Horse Guards Parade.
	Here's what the video looked like.
	So the reason he did that, you can't see the kid's face in here, the kid has Down Syndrome.
	So because the kid has Down Syndrome, he was standing too far away and he's a little scared,
	so the guy moved just a little bit closer so he could be in the photo
	and then he moved back to his place.
	Classy.
	And, uh, and really, really nice.
	So, uh, good for that.
	Good for that, uh, uniformed soldier.
	That's, that's awesome.
	Alrighty.
	Uh, time for a quick thing that I hate.
	So, um, the Barbie movie, but we'll get to a full review of that on YouTube in very, very short order.
	So you're going to want to stick around for that because, uh, wow, what a piece of dreck.
	But the thing that I hate today, now you're seeing all the old country stars feel the necessity to dissociate from Jason Aldean because Jason Aldean had the temerity to make a music video about a song in which he said that in a small town they don't allow riots because people actually care about each other and like each other and don't want their city burned down.
	And this apparently is racist in some sort of a weird way.
	I mean, he's against violence.
	That's his whole point.
	He doesn't like looting.
	He doesn't like burning.
	And he thinks that in a small town, people in a small town don't stand for that sort of thing.
	There's nothing small town or American about promoting violence.
	You should know that better than anyone, having survived a mass shooting.
	This is not American or small town-like.
	It's just lame.
	I mean, he's against violence.
	That's his whole point.
	He doesn't like looting.
	He doesn't like burning.
	And he thinks that in a small town, people in a small town don't stand for that sort
	of thing, which is true.
	Cheryl Crow feeling the necessity to go out of her way to swipe just so that she can be
	in the good graces of her liberal cohorts is really quite ridiculous.
	Again, this is a manufactured controversy.
	Good for Aldean for not stepping down from his positions.
	Alrighty guys, the rest of the show continues right now.
	You're not going to want to miss it.
	We'll be getting into the vaunted Ben Shapiro show mailbag.
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