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May 30, 2024 - The Ben Shapiro Show
45:52
12 Angry New Yorkers
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The jury is now considering whether to convict Donald Trump on 34 felony counts of falsification of business records.
It would be a shock, frankly, if he were not convicted in this particular case because, of course, he's got 12 angry New Yorkers on the jury, and New York juries probably not going to be particularly fond of President Trump.
Also, the judge in this case has made it a foregone conclusion that Trump will be convicted.
The reason I say that is because his jury instructions are totally insane.
So last night, the jury got the case.
They got about 11.30 a.m.
Eastern Time.
They deliberated for like four and a half hours, and then they went out for a hoagie or something, and they are back this morning, still deliberating, just before 4 p.m.
according to the Wall Street Journal.
Jurors asked to, again, hear legal instructions the judge had read earlier in the day, because this is a very confusing legal case, mainly because no one knows what the hell the charges are.
So I have the jury instructions here in front of me.
The problem with jury instructions is that it is absolutely unclear what exactly the crime that is being alleged is.
It's a two-part crime.
The first crime would be falsifying business records in the first degree under New York penal law section 175.10.
That law says that a person is guilty of falsifying business records in the first degree when, with intent to defraud, that includes an intent to commit another crime or to aid or conceal the commission thereof, that person makes or causes a false entry in the business records of an enterprise.
So the idea here would be that if Donald Trump Made a false business record in 2017 with intent to cover up a crime in 2016.
That's what falsifying business records in the first degree would be.
The problem is, what was the second crime that he was seeking to cover up?
And the answer is...
The big problem with this case, of course, is that Alvin Bragg is trying to spin a non-existent crime out of Donald Trump making a hush money payment.
Now, hush money payments are ugly, and they're unseemly, and they're kind of gross, particularly when you're talking about paying somebody off to shut up about one 10-minute stand that you had in, like, 2007 at a golf tournament with a porn star.
That's awkward, but that doesn't make it illegal.
Not under federal law.
Not under New York State law.
So what is the second crime?
That's really the issue here.
Because falsifying business records is a misdemeanor.
What turns it into a felony is the underlying crime that you are seeking to supposedly cover up.
And here is where the jury instructions get super duper weird.
According to the jury instructions that Judge Juan Merchan gave to the jury yesterday, quote, the people allege that the other crime the defendant intended to commit, aid or conceal, is a violation of New York election law section 17152.
Section 17152 of the New York election law provides that any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto shall be guilty of conspiracy to promote or prevent an election.
Under our law, when a person is guilty of such conspiracy with intent that conduct be performed that would promote or prevent the election of a person by unlawful means.
Okay, so what is the unlawful means?
Again, a hush money payment is not necessarily unlawful means.
People do all sorts of things to impact elections.
They go on the campaign stump and they fib.
They activate their agents to try to bury stories from... There's all sorts of stuff that's ugly in elections, known about it for literally thousands of years, that people do in order to affect the outcome of elections.
The question is whether the thing you are doing is illegal, such that falsifying a business record about that thing turns it into a felony.
So what does unlawful means mean?
According to Judge Merchant, this is where it gets super weird.
He says that there are three possibilities of unlawful means being used in order to impact the 2016 election.
Unlawful means, number one, violations of the Federal Election Campaign Act, otherwise known as FECA.
Two, the falsification of other business records.
Or three, violation of tax laws.
Now what's particularly weird about this, what's super weird about this, is that Merchant says quote, That is something, I've never heard of anything remotely like that in criminal law before.
to promote or prevent the election of any person to a public office by unlawful means.
You need not be unanimous as to what those unlawful means were.
That is something I've never heard of anything remotely like that in criminal law before.
That I'm going to specify three possible crimes.
The jury can disagree on which of those three crimes were committed.
But if you have a unanimous verdict that a crime was committed, then you can be convicted under the second law.
That's super strange.
So to take a sort of strained analogy, legally speaking, there is a crime called felony murder.
Felony murder is where a felony is committed, and in the middle of that felony, a murder happens by a member of your gang.
So let's say your gang is holding up a bank.
So the robbery of the bank, the armed robbery, is a felony.
And let's say that a member of your crew murders someone in the commission of that armed robbery.
It's not you, a member of your crew does it.
You can still be charged with felony murder, because the idea is that the murder arose from the armed robbery.
So it's the secondary crime that becomes the primary crime, sort of.
Now imagine that it weren't armed robbery.
There were like a bevy of different crimes that were alleged but not necessarily proved.
Could you actually convict somebody of felony murder, for example, without specifying unanimously what the felony was?
There were like three different felonies that were possible.
One was like tax evasion.
One was armed robbery.
And one was some form of wife beating, assault.
And we don't know which one of those it was, but if four of you agree on one, and four of you agree on another, and four of you agree on the third, and a murder was committed by somebody in your crew, attended to any one of those three, then we'll convict you.
I've never heard of anything remotely like this.
It's super strange.
It's relatively unprecedented legally, so far as I'm aware.
Beyond which, all of the allegations here, the three laws that are sort of underlying the misdemeanor, again, remember, there's a patina of a misdemeanor, which is a violation of New York election law, and it's supposed to stack on top of some other sort of concealed crime.
And there are three types of crime that are being alleged that the jury does not have to be unanimous upon, according to Judge Maraton.
First of all, I don't see how this is a reversible error.
Those jury instructions are so bizarre.
I don't see how this doesn't get reversed on appeal.
Here are the three possibilities.
The Federal Election Campaign Act.
The first of the people's theories of unlawful means, which I will now define for you, is the Federal Election Campaign Act.
Under FECA, it is unlawful for an individual to willfully make a contribution to any candidate with respect to any election for a federal office, including the office of the presidency, which exceeds a certain limit.
In 2015 and 2016, that limit was $2,700.
It is also unlawful under FICA for any corporation to willfully make a contribution of any amount to a candidate or candidate's campaign in connection with any federal election or for any person to cause such a corporate contribution.
We'll get to more on this in just one second.
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So, the basic idea here would be that Donald Trump, in making a payoff via Michael Cohen to David Pecker at the National Enquirer to pay off Stormy Daniels, that that was, in fact, a campaign contribution that was not labeled as such, and therefore was a federal campaign finance violation.
The problem, of course, is the federal government looked at this and didn't do anything about it.
So what you have is a state prosecutor attempting to spin a non-existent federal felony into a state-level felony for purposes of prosecution.
By the way, there's literally no evidence that Donald Trump was falsifying business records in 2017 in order to cover up anything having to do with FICA.
See, one of the problems with this entire case is that you have to prove Donald Trump's legal intent to defy the law by signing certain things.
And Donald Trump's entire case has basically been, well, you know, Michael Cohen was my lawyer.
He's the one who's supposed to do it legally.
So I told him to go do it legally, and if he did it illegally, that's his problem.
Which, in a specific intent case, which this is, a willful intent case, as the law says, not a horrible defense.
I mean, by the way, most of us do this with our lawyers all the time.
I'm a lawyer, and I still do this with my lawyers.
I say to them, like, do what you have to do to make sure that I'm complying with all available law.
Now, if they then advise me badly, and they go and violate the law on my behalf, can I be held responsible for my lawyers being bad lawyers?
That's essentially Trump's contention.
The second possibility is falsification of other business records.
So it's turtles all the way down under this one.
Under New York law, a person is guilty of falsifying business records in the second degree when, with intent to defraud, he or she makes or causes a false entry in the business records of an enterprise.
For purposes of determining whether falsifying business records in the second degree was an unlawful means used by a conspiracy to promote or prevent an election, you may consider the bank records associated with Michael Cohen's account formation paperwork, blah, blah, blah.
So basically, this is still a FICA violation, right?
What they're basically saying is that there was a falsification of state-level business records in order to illegally pay off Stormy Daniels, but they've not proved that she was illegally paid off.
Again, she was paid off, almost certainly, but illegally, not clear at all.
And finally, violation of tax laws.
It is unlawful under New York State and New York City law to knowingly submit or submit materially false or fraudulent information in connection with any tax return.
Now again, this is really, really weak tea.
And it becomes even weaker tea when you recognize that what the judge is doing here is cobbling together a basic series of legal excuses and then saying to the jury, choose from this Chinese menu of possible legal excuses, and if you can come to unanimity that you want anything on this Chinese menu, Donald Trump is guilty.
So, Andy McCarthy, the legal analyst over at National Review, he has a good piece explaining the problem here.
He says, With the help of Judge Juan Merchant and none other than
Donald Trump, prosecutors from the Office of Elective Progressive Democratic District
Attorney Alvin Bragg have effectively concealed what should have been fatal holes in their case.
The state is well aware of these holes and has thus cleverly created an illusion of mountainous
evidence.
The sleight of hand is that the mountain proves legal conduct.
It seems illegal because the subject matter is sorted.
Paying off a star in a Playboy model during the 2016 election to maintain silence about extramarital affairs with Trump.
But the payoffs were lawful consideration for lawful contract.
It is not hard for prosecutors to assemble prodigious proof of legal act, even unsavory ones.
The hope is that no one will notice the dearth of proof on what is the dispositive issue.
In 2016 and 2017, when these non-disclosure agreements between the National Enquirer and Stormy Daniels and Karen McDougal were being negotiated and then Trump reimbursed fixer Michael Cohen for the Stormy payoff, did Trump willfully violate the federal campaign finance laws?
Which prescribed felony offenses Bragg has no jurisdiction to enforce.
And as Andy McCarthy says, there is not a shred of evidence that Trump was even thinking about FICA in 2016-2017, much less willfully transgressing it.
With merchants' help, and not much resistance from defense lawyers, Braxium has shrewdly conflated two very different things.
One, knowing and intentionally burying politically damaging information through NDAs, which is in fact legal.
And two, knowing and intentionally flouting FICA regulations, which would be illegal if prosecutors could prove it, but there's no evidence against Trump.
So he says, obviously, this case is lacking on the merits.
One problem here, Is that Donald Trump, because he has insisted politically that he never slept with Stormy Daniels or Karen McDougal or any of the rest of this sort of stuff, because he says that sort of stuff, it makes it difficult to defend his case legally, which is true.
As Annie McCarthy points out, he says, Team Trump has presented one of the most ill-conceived, self-destructive defenses I've ever seen in decades of trying and analyzing criminal cases.
The reason is clear.
Trump insisted his lawyers subordinate his defense at trial to the political narrative he wants to spin in the 2024 campaign.
Against the weight of evidence and common sense, Trump insists on telling voters that Stormy Daniels and Karen McDougal are lying.
But no one with even a passing familiarity with Trump's combative and parsimonious nature would believe for a second he would agree to pay $130,000 to Stormy and $150,000 to McDougal if they were falsely claiming to have had affairs with him.
Or that Cohen would have paid Stormy and Trump's pal David Pecker would have paid McDougal unless Trump had greenlit the payments and assured them of repayment.
Legally speaking, says McCarthy, Trump's gambit is disastrous.
It makes no sense in a criminal courtroom for a defendant to deny his complicity in legal conduct when there's daunting evidence he was complicit up to the neck.
So basically, what McCarthy is saying is that the prosecutors are trying to prove, effectively, that Trump engaged in ugly but legal conduct.
And Trump is saying, I didn't even engage in the ugly conduct, when what he's saying is, sure it's ugly, but also it was totally legal.
Right, that's the argument that Trump should be making, but he's not making that particular argument.
Now, maybe that makes no difference.
Maybe that makes no difference because, again, the jury is oriented against him and Merchant clearly wants some sort of conviction here.
And as McCarthy says, none of this would matter if the jury understood that first, paying NDAs is not a campaign expenditure under FECA that triggers spending limits and reporting requirements.
And B, there's no evidence that Trump or even Cohen or Pecker were thinking about FECA, much less conspiring to flout it, when the NDAs were paid and when Cohen was reimbursed.
FICA was not an issue until the FEC started asking questions in early 2018 long after the NDAs were negotiated and weeks after the last reimbursement payment to Cohen.
It is not possible to prove beyond a reasonable doubt Trump willfully intended to violate FICA if there's no indication he ever thought about it at the relevant time.
So again, this basically is a conspiracy between the judge and the prosecutors to find Trump guilty of a crime that doesn't exist.
He says the judge and prosecutors have led jurors to believe the violation of FICA is an established fact in this case.
But that's not right.
We'll get to more on this in just one moment.
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So, he's likely to be convicted in this particular case, but Trump is correct when he came out yesterday and he said, no one knows what the crime is because there's no crime.
This happens to be the actual legal case that Trump's attorneys should be making.
The other thing, the confusion is, nobody knows what the crime is because there's no crime.
Nobody knows what the crime is.
The DA didn't name the crime.
They don't know what the crime is.
That's what the problem is.
It's a disgrace.
This thing ought to be ended immediately.
The judge ought to end it and save his reputation.
Thank you very much.
He's not wrong about that.
And then, of course, Donald Trump can't stop himself because this is what he does.
He also compared himself to Mother Teresa, which, again, not sure how often Mother Teresa paid off stars, but that's another question.
And listening to the charges from the judge, who's, as you know, very conflicted, And corrupt, because of the confliction.
Very, very corrupt.
Mother Teresa could not beat these charges.
These charges are rigged.
The whole thing is rigged.
The whole country's a mess, between the borders and fake elections.
And you have a trial like this, where the judge is so conflicted he can't breathe.
He's got to do his job.
It's not for me that I can tell you.
It's a disgrace.
And I mean that.
Mother Teresa could not beat those charges, but we'll see.
We'll see how we do.
Okay, I mean, again, classic Trump, you know, sort of exaggeration for a fact.
I'm pretty sure that Mother Teresa could beat those charges by correctly claiming that she never slept with Stormy Daniels or Karen McDougal and didn't pay them lots of money to be quiet about it.
But he is correct that the charges themselves are drawn up such that a conviction becomes almost a necessary a necessary consequence of the charges themselves.
That the judge has gone out of his way to construct a set of charges that would be
thrown out of court, it'd be laughed out of court.
This never would have been brought against anybody else.
This never would have been brought against a Democrat in New York.
No effing way, just no way.
And everyone knows it.
He is totally right about that.
And we all know what this is really about.
It's just about getting Donald Trump.
It's constantly Scooby-Doo villains attempting to get away with it,
if only those meddlesome kids hadn't stopped them.
Here is an MSNBC legal analyst, Andrew Weissman, saying that he is a man-crush on Juan Marichal.
I mean, again, it is truly incredible to me how members of the left start worshipping weird political figures so long as they go after Donald Trump.
It's so strange.
Remember when they were buying votive candles to Robert Mueller during the Mueller report days?
And then they said that Michael Avenatti, the lawyer for Stormy Daniels who ended up in jail, Almost all jurors, unless you've got a really erotic judge, develop a real bond with the judge.
Wurtenstein is a hero of the republic.
Here's Andrew Weissman saying that now Judge Merchant is a hero, everyone's a hero of the republic,
all you have to do is crap on Trump long enough.
Almost all jurors, unless you've got a really erratic judge, develop a real bond with the judge.
The judge, he or she is looking out for the jurors, they're just paying careful attention to their time,
is making things move along.
And as you've noted, with respect to Judge Merchant, I mean, I am like now, I have a man crush on him.
He is such a great judge that it's hard to see that the jurors wouldn't have the same impression.
I mean, he's just, you just keep on thinking, if you looked in a dictionary for, like, judicial temperament, that's what you'd get.
He's gonna have to make a payoff to Judge Juan Marichan for that particular act of sexual favor in that particular clip, Andrew Weissman.
Just solid stuff right there.
Here's the thing.
None of this is going to badly affect Trump.
The reason it's not gonna badly affect Trump is because it's baked into the cake.
Everybody knows that this trial is rigged.
Everybody knows that the charges are absurd, particularly independents.
A brand new NPR Marist poll out today among independent voters.
Independent voters, okay?
Trump is now up 12 points. 12.
12 points.
When you include RFK Jr., he is up 16 points.
Hey, those are terrible numbers for Joe Biden.
Now, that same poll shows Biden up 50 to 48 over Trump in the polling.
But when you include RFK Jr.
among the definitely voting crowd, you get to Trump 44, Biden 40.
If you look among suburban voters, Biden is barely winning 51 to 47.
Among people who hate both candidates, Biden is barely winning 49 to 47.
Among men, Trump is winning 53 to 44.
Among women, Biden is winning 55 to 44.
53 to 44 among women, Biden is winning 55 to 44 among independent women.
Trump is winning 50 to 47.
These are terrible numbers for Joe Biden.
Just awful numbers.
The numbers are so bad for Joe Biden that a poll came out last night showing that Joe Biden and Donald Trump are tied in Virginia.
If they're tied in Virginia, if Virginia is a close race, this race is over.
Joe Biden is a terrible president and all of the talk about the Trump trial is not having the impact that all the Democrats thought it was going to have.
They thought if we convict Trump in a court of law, then the American people will turn away from Donald Trump.
But it turns out that when it's obvious to literally everyone that you are That you are setting up the game.
That it's all rigged and ridiculous.
And that you are doing so on behalf of a president who is awful at his job.
Turns out, not a lot of people are going to stand up for the incumbent president of the United States.
By the way, the latest favorable and unfavorable ratings from FiveThirtyEight show that Joe Biden is underwater by about 17%.
His favorable ratings are at 39.6% in the FiveThirtyEight average.
His unfavorable is at 56%.
56%.
Now, add to the pile of bad news for Joe Biden the fact that the economy is now slowing.
Now, that was a necessary precondition to the bringing down of inflation.
But the economy did slow more than expected in Q1.
It slowed to an annualized rate of 1.3%.
That is down from the 1.6% rate estimated a month ago.
The problem, of course, is that the inflation rate is still well over 3% in terms of the
year-on-year average.
So it's supposed to be 2%.
It's currently at like 3.5%.
So you have slowed economic growth, continued inflation that is now baked into the cake,
and an old president who doesn't know how to articulate any of this.
We'll get to more on this in just one second.
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Joe Biden is going to try and walk his way through this, totter his way through this.
He is out there still claiming that the economy is great.
My favorite thing about Biden right now is Biden pretending he's not president.
That's one of my favorite things.
As he goes around, he complains about the state of the United States as though he's not the president.
So here he was yesterday campaigning and saying, we have to stop trickle-down economics in the country.
Well, I did notice that you're the president of the United States.
You could do something about that.
And in fact, you've tried to, and you've created 40-year highs in inflation.
So well done.
It's about time we stop this looking at this trickle-down economy, where you say, okay, if the super wealthy do well, a lot will trickle down on our plates and things will be well.
My dad used to say, not a damn thing trickled down his kitchen table.
No, I'm serious.
My dad worked like hell.
My dad was a smart guy.
He did well.
But, you know, it was always a struggle.
Okay.
You are the president.
So he's gonna try and talk to people about how all the faults of the economy are on who, precisely.
He is the president.
You can't brag about Bidenomics and then simultaneously talk about how trickle-down is not working.
Because you're the one who claimed that Bidenomics is the way that the economy is run under you.
Even the Washington Post at this point is like, dude, you need to stop.
The Washington Post put out a full editorial saying Americans' economic mood remains glum.
This is despite great news.
Growth is strong.
The stock market hit record levels.
Unemployment is low.
Inflation has significantly cooled in the past year.
Dig a little deeper into public sentiment and there's a striking dichotomy.
The vast majority of Americans say their personal finances are all right, but only 22% think the national economy is in decent shape.
Negativity about the national economy nosedived during the pandemic and has barely rebounded since.
Why?
The main answer is inflation.
The cumulative increase since Biden took office in January 2021 shows prices up 19%.
Nobody has presided over a higher cumulative price increase since Jimmy Carter.
And then they blame the media and all the rest.
But the Washington Post editorial board says, quote, telling Americans the economy is better than they realize
doesn't make much impact in an era when many are still in shock about the rise in prices.
Good news about employment and growth isn't registering.
Politicians who try to win support by citing those numbers, we're looking at you, Mr. Biden,
have to find a new language for the new post-inflation psychology.
Wages are now rising quickly.
Major companies are cutting prices.
Recovery takes time.
It's not an easy message to convey, but it is a realistic one.
Or alternatively, it's gonna be very hard to convey that message because most Americans don't feel it.
They don't feel it.
So, Joe Biden is now relying on irascibility and calling Trump an idiot and a racist.
That is not an amazing combination.
So yesterday, a reporter asked Joe Biden if he's even capable of serving a full second term.
And Joe Biden immediately responded by asking the reporter if he had fallen on his head recently.
To which the reporter should have replied, no, but I have actual footage of you doing that.
You literally fall upstairs or off bicycles on a regular basis.
President Biden, will you be serving your full four-year term or handing over power to Vice President Harris?
All four years or handing over?
You're not hurt, are you?
Bye!
I can't hear you.
Can you approach?
Do you fall on your head or something?
Do you fall on your head or something?
Can't hear you.
You're too old.
Did you fall on your head?
Did you fall out of a tree?
Irrastability?
And being doddering and terrible at your job.
Bad combo, as it turns out.
He also has gone on the offensive in terms of the language he's using about Trump, which again, I just don't think it's gonna work.
Here he was yesterday suggesting that Trump's heated rhetoric about this trial means that he injected too much bleach or something.
Like, this is just weak.
This is weak stuff from an incumbent president.
This guy, he's running a losing campaign.
There's no other way to put this.
He's running a losing campaign right now.
And then Trump tells you he's the greatest president.
I love this one.
He says he's the greatest president for black people in the history of America,
including more than Abraham Lincoln.
I mean, can you fathom that?
Where in the hell?
Like I said, I think he injected too much of that bleach in his skin.
I think it affected his brain.
Okay, there's only one problem with all of this, which is that black voters do not like Joe Biden.
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Entire article in Politico today, quote.
Prominent black officials are warning the Biden campaign that the president's efforts to keep black voters firmly and enthusiastically in his electoral coalition aren't working, and that time is running out to get his message across.
The publicly voiced concern from these black Democrats isn't that the White House lacks policy achievements.
It's that black voters aren't hearing about them.
By the way, again, another mark of a failing campaign is, we're doing amazing, but people just aren't getting the message.
I'm not explaining it properly.
It's that people don't understand what I'm saying.
They're not hearing me.
Or maybe they are hearing you, and they think you're full of it.
Worse, they fear the Biden campaign has not fully graphed the severity of the information gap at hand, particularly in key battleground states.
Representative Jasmine Crockett, she of the high intellect debate with Marjorie Taylor Greene that involves one insulting the other's eyelashes and the other talking about Bleach blonde, bad built butch body.
Genius.
She said that a balkanized news landscape has contributed to the problem.
She definitely did not use the word balkanized.
She said, I think that the way we communicate has changed in such a way that if you don't invest earlier, it's going to be a problem.
I'm not saying it's the last minute, but we are in crunch time.
More privately, Democratic operatives express other fears, including that black influencers and media personalities have soured on Biden and that the president himself has eschewed major interviews unless scripted campaign stops, making him less accessible to voters.
This is correct.
This is correct.
So, Biden is trying to shore that up by now catering exclusively to black voters in some of the most pandering and ridiculous ways.
So, here is Biden's campaign spokesperson, Quentin Foulkes, yesterday, saying he kept his promise to pack black people on the courts.
I mean, is there a higher form of pandering than, we took a bunch of people who have your skin color and we shoved them on the courts just to please you?
Super weird, right?
I don't hear this sort of logic applied to anyone except for black voters typically.
Like, you don't hear this logic applied to Asians.
Like, you know how many Asians we shoved on the court the other day just for you guys?
Pretty insulting.
President Biden made a lot of promises to African-American voters and voters across this country, and he has kept them.
And particularly for African-American voters, record low unemployment, the lowest racial wealth gap, packing the court with black women, more black justices on the court than all of the presidents combined.
And that is what our campaign has been focused on.
And we've been making sure that we're building an apparatus to be able to speak to voters wherever they are in their countries, in their own communities.
Yeah, nobody's believing that any of that makes any sort of difference.
Biden himself is, again, on the pandermobile.
He's going around with Kamala Harris as though black Americans are in love with Kamala Harris, which, by the way, they are not.
Black Americans are pretty luke-cold on Kamala Harris, just as all other Americans are ice-cold on Kamala Harris.
But that means that Joe Biden is also saying deeply ridiculous and insulting things about race in the United States.
So, for example, yesterday he dropped a line that he usually uses about women.
He usually says, there's not a thing that men can do that women can't do better, other than open pickle jars and pick up heavy objects and maybe some stem fields.
Other than that!
But now he's doing it about race.
Again, if you took this quote and reversed the races, it would be like the most racist thing a president has said in modern American history.
But here we go.
The fact is that this is just people want to know that you just give them a shot.
And so guess what?
HBCUs don't have the money to put in the research labs and all the experimental stuff because they don't have the endowments they have.
But that's where all the jobs of the future are.
AI and all the rest cost billions of dollars to get it going.
Well, guess what?
They told me I couldn't do anything.
I got $16 billion in the B, billion dollars this year.
And it's too easy to be a wasted asset if we didn't, but I want to prove to everybody it's not a damn thing that a white man can do that a black man can't do or do better.
I mean it sincerely.
I mean, again, if he said the reverse, there's not a thing that a black man can do that a white man can't do better.
Can you imagine?
Can you imagine the outrage?
This sort of stuff falls on deaf ears, though, because again, the reality is that the vast majority of black voters in America right now are not experiencing high levels of prosperity under Joe Biden.
Black wages and income grew under Donald Trump.
Everybody's wages, on average, fell during the tenure of Joe Biden vis-a-vis inflation.
Even Biden's co-chair, Representative Lisa Blunt Rochester, even she is recognizing that people are going through a lot of struggles.
When you're the president and people are going through a lot of struggles, guess who gets blamed?
Usually the president.
If the campaign was in such good shape with black voters as President Biden has done in the past so many times, why would it be using its most valuable resource, the president, to hold so many events, five events, targeting black voters in May of an election year?
You know, I think part of it is to show that we see how important that vote is.
A lot of times people feel like their vote doesn't matter.
A lot of people are going through a lot of struggles right now coming out of the pandemic and they are not even aware of the things that this administration has done to really uplift our communities.
So is that evidence of why we're seeing some, I'm sorry to interrupt, is that evidence of why we are seeing some of the erosion right now?
The need to sort of better communicate that so they can bring those black voters back?
You know, again, I think a lot of people have their own pains and things that they're dealing with.
And so we want to make sure that we highlight the different investments that he has made.
Um, yeah, good luck with that.
In the end, Joe Biden is going to be relegated to simply calling Donald Trump a racist.
We all know that's where he's going.
And so he did that yesterday.
He suggested that if it had been Black people storming the Capitol on January 6th, Donald Trump would have been very different about it.
Well, it depends.
Would those Black people storming the Capitol on January 6th have been doing so in an attempt to affect the election outcome in favor of Donald Trump?
Because I think it probably has more to do with the cause.
Again, and I think January 6th is awful.
It has a lot more to do with the cause than the... In fact, I personally know a black man who was arrested for activities on January 6th.
I assume that Donald Trump is a fan of his.
In any case, here is Joe Biden playing the race card.
It's clear that when he lost in 2020, something literally snapped in his car.
No, I'm serious.
That's why January 6th happened.
When he unleashed an insurrection.
Now, he's running again, and he's clearly unhinged.
He calls insurrectionists who stormed the Capitol patriots.
Patriots.
If re-elected, he wants to pardon, quote, every one of them.
Let me ask you, what do you think he would have done on January 6th if black Americans had stormed him?
Think about this.
What do you think would have happened if black Americans had stormed the Capitol?
I don't think he'd be talking about pardons.
Well, I mean, when Black Lives Matter caused two billion dollars in property damage, the most damaging riots in American history in 2020, your entire party sided with the protesters and the rioters.
Kamala Harris bailed them out of jail.
It's truly astonishing stuff.
But here's the reality.
Joe Biden is no longer capable of even campaigning for himself.
So he's bringing along Kamala Harris to do it.
And he's trotting out the greatest doctor of our age.
Better than Dr. Kildare.
Better than Dr. Pepper.
Dr. Jill.
The greatest doctor.
If you are having a heart attack, call the lady with the ed degree from a university that actually has a building named for her husband.
We'll get to that in just one moment.
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Okay, meanwhile...
Given the fact that the current president of the United States is no longer able to give long-form interviews, they're now trotting out Dr. Jill Biden like Edith Wilson, holding the hand of her decrepit husband and signing bills.
They're trotting her out to the media to pretend that Joe is with it.
So the question is, if Joe is with it, why isn't he on The View?
Where is he?
First of all, is Jill Biden like a regular panelist at The View?
I feel like this is her seventh appearance over at The View.
That constellation of intellectual luminaries.
Here is Dr. Jill explaining that Americans will choose Joe Biden because they will choose good over evil.
Yeah, this kind of well-calibrated language is going to win over those independent voters.
How do you turn those numbers around with five months out, and are you fearful of what a second Trump term could look like?
Or a third, as Donald Trump says.
So we are going to meet people where they are.
We're going to go to college campuses.
We're going to go to just every state that we can get into.
I've been traveling every single day.
Joe has been traveling as much as possible.
And we're not going to take anything for granted.
And those polls are going to turn, I'm confident of it, because as time goes on and as people start to focus a little bit more about what's at stake and start to become educated on the issues and the differences between the two men, I believe that Americans are going to choose good over evil.
Yes, good over evil is what she's saying right there, because that's what this is a battle about.
Nothing says unity in the country like declaring that everyone who is voting for the other guy is evil, like full-on evil.
Meanwhile, she says, don't worry.
In the debates, he's going to perform like magic.
It's all been a lie.
Everything that your eyes and ears have been telling you about Joe Biden being incompetent, bumbling, befuddled, All that's gonna go away when you see him unleash his brilliant wit, his incisive brain.
It's gonna be mind-exploding to watch the genius at work, says Dr. Jill Biden from her perch atop America's medical system.
American people deserve a debate because you need to see your choices.
You need to see Trump and you need to see the president and you need to see the differences.
And my husband's, and you're going to see how smart he is and the experience he has.
And then you'll see somebody who, like you're saying, I'm going to use Julie's words, can't put a sentence together and everything is beautiful and it's wonderful.
Tremendous.
So, I think you deserve.
The American people deserve to see the two men who are running for this office.
Okay, well, we're gonna find out, aren't we?
And then, of course, she makes the case that if Donald Trump is elected, we will lose literally all of our rights.
Which is weird, because your administration tried to force 80 million Americans to take a vaccination or lose their jobs.
That'd be you guys.
Here is more of Dr. Jill.
And women's rights, absolutely women's rights and IVF.
I mean, we have to have a choice.
And Joe wants to codify Roe.
And we have to.
We have to fight hard so we get it back.
Because Julie, you and I remember when Roe...
came at the law and we kept thinking, oh this won't be taken away, but we cannot take things
for granted because they can.
And think of the Supreme Court, for God's sake talk about things getting worse.
Can you imagine if we put any more Republicans on the Supreme Court?
No.
No.
We will lose all of our rights.
So, we're talking about women's rights, gay rights, I mean, we will lose our rights and freedoms.
Voting rights!
Voting rights!
All this is up at stake!
No, it isn't.
You will be able to vote, as you have been able to vote your entire lifetime.
You will be able to vote.
That's a promise.
When they're pulling the fire alarm, or mistaking it for a door release if you're Jamal Bowman, when you're pulling the fire alarm this early, you got a problem.
I'm just looking at the 2012 election polling, Obama versus Romney, because that's the last re-elect race we had that the incumbent actually won.
The incumbent in that case, Barack Obama, who is deeply unpopular in terms of his general popularity rating, still, he basically led that race wire to wire.
Only in the latter days of the election was there some sort of serious tightening.
But for pretty much the entire race, Obama led in the RealClearPolitics polling average.
For the entirety of the race.
Joe Biden is behind.
And he's behind in the swing states.
And it ain't getting better.
And so Democrats are forced to pick up wilder and wilder stories in an attempt to cudgel Americans into believing that their political opponents are evil.
The latest example of this is this unbelievably stupid story about Samuel Alito's wife putting up an appeal to heaven flag at their like vacation house.
This is the stupidest story I have ever heard.
It's so dumb.
So first, there was this unbelievable story about Samuel Alito's wife putting up an American flag upside down, which is typically a sign of distress.
And she was doing so because she was in a fight with a neighbor or something.
And so the media tried to pretend it had something to do with support for January 6th.
It didn't.
Then they said that the flying of an appeal to heaven flag, which was created by George Washington, that that was some sort of white supremacist exercise, which is strange because yesterday, literally yesterday, San Francisco officials removed a colonial era appeal to heaven flag from the Civic Center Plaza.
It had flown there since 1964.
So for 60 years they flew the Appeal to Heaven flag, and then they decided to remove it after the controversy broke out about Alito.
So this is very typical stuff where Democrats just redefine a term to mean a thing it totally doesn't mean.
It's where they go and rewrite the dictionary to match a thing.
I remember they did this with Amy Coney Barrett.
Amy Coney Barrett at one point suggested the term sexual preference, meaning sexual orientation.
Sexual preference was used for a very long time in this country as the equivalent of sexual orientation.
It is not meant to be a discriminatory term.
The left declared it a discriminatory term, so then it was just added to the dictionary as a discriminatory term.
They just retconned the whole thing.
This is the exact same thing they're now doing with the appeal to heaven flag.
Specifically so they can pretend that they're really, really angry at Samuel Alito over all these flags.
So just to be straight about this, Democrats love the Palestinian flag.
Love it.
A flag that stands for a group of people who 70% support October 7th and suicide bombings.
But they're really pissed off at the Appeal to Heaven flag.
That's the thing that really makes them mad.
Samuel Alito said he's not going to recuse himself.
on cases involving the 2020 presidential election or the January 6th, 2021 riot.
He said, the two incidents you cite do not meet the conditions for accusal.
As I have stated publicly, I had nothing to do with the flying of that flag.
I was not even aware of the upside down flag until it was called to my attention.
Because my wife is a private citizen.
She possesses the same first amendment rights as every other American.
She makes her own decisions.
I've always respected her right to do so.
My wife is fond of flying flags.
I am not.
Okay.
This, of course, set off the morons over at MSNBC.
So here is the MSNBC legal analyst, Melissa Murray, very angry at Samuel Alito for not abandoning his seat on the Supreme Court because his wife put up a flag that the media decided was bad five seconds ago.
First of all, this letter is nominally addressed to Congress.
It is a giant double-fingered F.U.
to the American public.
This man is not simply saying he is not fond of flying flags, but his wife is.
He's basically trolling Americans who know that he is the author of Dobbs v. Jackson Women's Health Organization, the decision that withdrew the constitutional right to an abortion that Roe v. Wade established.
He wrote that decision.
And he says not once, not twice, but three times, he refers to his wife as a private citizen who's in possession of rights.
Rights that allow her to quote-unquote make decisions that he has always honored and respects her choices to do so.
Again, this is the same man who withdrew from millions of American women the right to make decisions about their own body.
This is a trolling, trolling letter.
A giant F.U.
to the American public.
Actually, it's technically a giant F you to the lady with the really, really thick glasses, which don't make her any smarter.
One of my favorite things about MSNBC is apparently there's a widespread aesthetic belief at MSNBC that the thicker your glasses, the smarter you look.
That is not a thing.
Eventually, we're just gonna end up with, like, the giant clown glasses.
These people are gonna be wearing the blippy glasses.
The huge cartoon glasses.
Because that makes them look very smart.
But unfortunately, it doesn't actually make them smart.
Alrighty, folks.
The rest of the show continues right now.
We'll be getting into Jerry Seinfeld, who's now gotten himself into hot water for saying, you know, true things.
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