The Ben Shapiro Show Ep. 146 - The FBI Defended Hillary By Destroying The Law
00:46 "... if the law did require intent that ..."
00:51 "... obviously the law simply does not ..."
03:25 "... return to state and the law yers cleaned ..."
03:32 "... Comey clearly didn't obey the law here ..."
04:36 "... interpretation of the law there are two ..."
07:56 "... just rewriting the law wholesale to ..."
James Comey makes a mockery of himself before Congress, Trump makes a mockery of himself before the world, and the vaunted Ben Shapiro Show mailbag!on Tuesday FBI director James Comey announced he would not recommend obvious felon Hillary Clinton for indictment his rationale she didn't have the requisite intent to move forward with the prosecution here was commis conclusion quote prosecutors necessarily weigh a number of factors before bringing charges there are obvious considerations like the strength of the evidence especially regarding intent all of the cases prosecuted involved some combination of clearly intentionally in willfulness handling of classified information or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct or indications of disloyalty to the United States or efforts to obstruct justice we do not see those things here unquote this logic relies on two ideas neither of which is in evidence first the law requires intent second that even if the law did require intent that intent would have to rise to the level of treasonable activity first and most obviously the law simply does not require intent here is 18 USC 793 F which Comey explicitly referenced quote whoever being entrusted with or having lawful possession or control of any document writing code book signal book sketch photograph photographic negative blueprint plan map model instrument appliance noter information relating to the National Defense through gross negligence gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost stolen abstracted or destroyed or to have acknowledged that the same has been illegally removed from its proper place of custody or delivered to anyone in violation of its trust or lost or stolen abstracted or destroyed and fails to make prompt report of such loss theft abstraction and destruction to superior officer shall be fined under this title or imprisoned not more than 10 years or both as former federal prosecutor Andy McCarthy points out hillary was clearly responsible for gross negligence even by commis own admission here's what McCarthy said quote director Comey recommended against prosecution of the law violations he clearly found on the ground that there was no intent to harm the United States in essence in order to give mrs. Clinton to pass the FBI rewrote the statute inserting an element that Congress did not require the lack of intent to harm our country is irrelevant people never intend the bad things that happen due to gross negligence that's true but there's another problem Comey says Hillary did not did not intentionally and willfully mishandle classified information that she didn't show vast quantities of material exposed in such a way as to support an inference of intentional misconduct he said there were no efforts to obstruct justice except all of that was present intent for purposes of committing a crime generally does not require intent to commit the final harm that's called specific intent it requires intent to commit a criminal act basic intent for example if you dropped a cinder block into a crowd and it killed somebody you would likely be prosecuted for first-degree murder even though you didn't have specific intent to kill somebody right you'd be guilty because you dropped the cinder block and you knew it was probably gonna hit somebody Hillary clearly had intent to mishandle classified information she did it she set up a private server to do it she had her lawyers destroy emails on that server Hillary also exposed vast quantities of material intentionally that was intentional misconduct she didn't have to purposefully expose the materials so specific person would access them which is what David Petraeus did she could just expose them purposely because she believed it was important to do so to protect her own privacy from government discovery as for obstruction of justice Comey himself said quote it is also likely there are other work-related emails they did not produce the state and that we did not find elsewhere and that are now gone because they deleted all emails they did not return to state and the lawyers cleaned their devices in such a way as to preclude a complete forensic recovery unquote that's obstruction of justice Comey clearly didn't obey the law here but that was never gonna happen after all we no longer live in a nation of laws we live in a nation of Democrat rulers I'm Ben Shapiro this is the Ben Shapiro show the Comey hearings are going on in Congress we're going to talk about that in just a second we're also gonna be talking about good from Bad Trump for folks who haven't been subscribing you can't see it or you're not picking up the rest of the podcast later you're missing good Trump bad Trump and today we have an epic episode of good Trump bad form because there was a little bit of good Trump and a lot of bad Trump and we'll talk about all of that stuff plus the vaunted ben shapiro show mailbag and we'll even talk about these two shootings that the left is calling racial the one in Louisiana and the one in Minnesota so we have a chock-full show for you today okay let's start with James coming so commis on the hill today he's speaking in front of a House committee it's the house Government Oversight Committee and James Comey has asked so you say that Hillary Clinton should not be invited for a crime but she did all the things that would require her to be indicted for a crime so what's the story what's the deal here as James Comey talking about his interpretation of the law there are two things that matter in a criminal investigation of a subject what did the person do and when they did that thing what were they thinking when you look at the hundred years plus of the Justice Department's investigation and prosecution of the mishandling of classified information those two questions are obviously present what did the person do did they miss handle classified information and when they did it did they know they were doing something that was unlawful that has been the characteristic of every charged criminal case involving the mishandling of classified information I'm happy to go through the cases in particular in our system of law there's a thing called mens rea ax it's important to know what you did but when you did it this Latin phrase mens rea means what were you thinking and we don't want to put people in jail unless we prove that they knew they were doing something they shouldn't do that is the characteristic of all the prosecution's involving mishandling of classified information there is a statute that was passed in 1917 that on its face makes it a crime a felony for someone to engage in gross negligence so that would appear to say well maybe in that circumstance you don't need to prove they knew they were doing something that was unlawful maybe it's enough to prove that they were just really really careless beyond a reasonable doubt at the time Congress passed that statute in 1917 there's a law a concern in the house in the Senate about whether that was going to violate the American tradition of requiring that before you go lock somebody up you prove they knew they were doing something wrong and so there's a lot of concern about it the statute was passed as best I can tell the Department of Justice has used it once in the 99 years since reflecting that same concern I know from 30 years with the Department of Justice they have grave concerns about whether it's appropriate to prosecute somebody for gross negligence which is why they've done it once that I know of in a case involving espionage we can stop that so when I'm this is a bunch of crap okay everything he's saying right now is crap and then I'll explain why this is crap number one as far as the level of intent he says did she know she was doing something wrong right that's what he says those are his words that's the second element did she know she was doing something wrong oh let's see let's see she set up a private server with all sorts of classified information in her basement and in her bathroom and she had multiple servers and she lied about it repeatedly she was told by the State Department she shouldn't be doing it and her people told the State Department to shut up did she know she was doing something wrong hell yes she knew she was doing something wrong of course you knew she was doing something wrong as far as the idea that he can't prosecute under 793 F because it's grossly negligent grossly negligent and then he says we wouldn't want to prosecute people if they didn't know they were doing something wrong excuse me but in every state in America we have criminal negligence statutes in every case in every state in America we have criminal negligence for example you leave a loaded handgun out on your coffee table and you have a three-year-old in the house and the three-year-old takes the gun and shoots himself in the head you will be prosecuted for criminal negligence you will you'll be prosecuted for criminal negligence is that something James Comey is coming out against now he's saying well you didn't have intent for the kid to shoot himself in the head no you idiot of course criminal negligence exists of course gross negligence exists the entire purpose of the statute was to say we need to take care of our national secrets to the extent that even if you make a mistake with national secrets you're still gonna get punished so he's just rewriting the law wholesale to avoid incriminating Hillary Clinton that's what this is there's a lot of talk yesterday did Comey do the right thing and then he really she wouldn't have been indicted anyway so he was just kind of for stalling that and using it as an opportunity to dump all over Hillary so that you wouldn't get off scot-free or was this corrupt okay this speaks to corrupt because what he's saying right now is legally nonsensical it's legally nonsensical and to prove it's legally nonsensical a few minutes later he's asked about okay let's say you're working for the FBI what happens to you if you treat material the same way that Hillary Clinton said jason Chaffetz questioning him from Utah if Hillary Clinton or if anybody had worked at the FBI under this fact pattern what would you do to that person there would be a security review and an adjudication of their suitability and a range of discipline could be imposed from termination to reprimand and in between suspensions loss of clearance so you could be walked out or you or you could depending upon the nature of the facts you could be reprimanded but there there is a robust process to handle that okay so there's a robust process inside the FBI there's only one problem Hillary Clinton alonger works for the government so what happens to you is the ideas that when you stop working for government if we found out you committed a crime while you were in the government now you're off scot-free now it's fine so in other words only while you're working for the government are there consequences but once you're out of government it's fine so if you hide it long enough and then you quit then they can't touch you anymore or if you quit before they do anything to you or if you're just fired there's no more consequences yeah except for there's a guy in the Navy who just in 2015 ended up getting two years probation and a $7,500 fine for doing exactly what Hillary did except with less purpose you just walked out of cloud of a Navy base with classified information no intent to distribute and they still gave him a fine in two years of probation this hearing got very weird very quickly I mean James Comey again this was supposed to be an honest guy clearly he's not clearly something else is going on I think the thing that's going on is that James Comey knew how this was gonna go it could either be his brains or a signature on that piece of paper and he preferred his signature on a piece of paper Godfather style basically he knew that Obama was not gonna prosecute he knew Loretta Lynch was not gonna prosecute he knew that either he was gonna have to quit his job and never get a job in another Democratic administration or he was just gonna have to rip Hillary and go along to get along and so he chose the latter this this here's a really weird piece of testimony James Comey actually is remember earlier he said you have to know that you did something wrong here's James Comey being asked well didn't she know she was doing something wrong did Hillary Clinton do anything wrong and what do you mean by wrong I think it's self-evident well I'm a lawyer I'm an investigator and I'm an open normal human being you really believe there should be no consequence for Hillary Clinton and how she dealt with this well I didn't say I hope folks remember what I said on Tuesday I didn't say there's no consequence for someone who violates the rules regarding the handling of classified information they're often very severe consequences in the FBI involving their employment involving their pay involving their clearances that's what I that's what I said on Tuesday and I hope folks walk away understanding that just because someone's not prosecuted for mishandling classified information that doesn't mean if you work in the FBI there aren't consequences for it but you didn't work for the FBI so what happens to her there are no consequences I love that did she do something wrong define wrong we're now fully in Clinton land right Clinton land where is doesn't mean is was doesn't mean was and wrong doesn't mean wrong it's unbelievable I mean this is so insulting to everybody's intelligence trey Gowdy who's in actual federal prosecutor he used to be a federal prosecutor trey Gowdy or maybe was a state prosecutor but ray Gowdy in any case he goes after James Comey is representative from South Carolina and he gets called me to admit that Hillary lied over and over and over and over but still apparently we've got James Comey saying that none of this is worthy of prosecution Secretary Clinton said she never sent or received into classified information over her private email was that true our investigation found that there was classified information so it was not true that's what I said okay well I'm looking for a little shorter answer so you and I'll not hear quite as long Secretary Clinton said there was nothing mark class of auto and her emails either sent or received was that true that's not true there were a small number of portion markings on I think three of the documents Secretary Clinton said I did not email any classified material to anyone on my email there is no classified material was that true there was classified material email Secretary Clinton said she used just one device was that true she used multiple devices during the four years of her term as Secretary goes on for 5 5 min of trey gowdy just grilling james comey and getting homie to acknowledge lie after lie after lie but he says there wasn't gross negligence to the point where we after prosecute and there wasn't intent there wasn't intent okay basically commis definition of intent is she must have meant to go over to the kremlin and hand vladimir putin copies of her emails in order for him to prosecute that's not what the statute says that's not what any reasonable statute would say that's not what any reasonable statute would say okay but in Ellis into his new excuses right she has to come up with new excuses for Hillary now so get ready for this one this one was great James Comey was talking about Hillary's lawyers deleting emails watch what he says here this is beyond the pale of insanity did Secretary Clinton know her legal team deleted those emails that they kept from us I don't believe so did Secretary Clinton approve those emails being deleted I don't think there was any specific instruction or conversation between the secretary and her lawyers about that did you ask that question yes did Secretary Clinton know that her lawyers clean devices in such a way as to preclude complete forensic recovery I don't believe that she did did you ask that question yes do you see how someone could view the context of what she did set up a private system she alone controlled it she kept everything on it we now know from Miss Aberdeen's deposition that they they did it for that very reason so no one could see what was there based on the deposition miss Abidine gave and then when they got caught they deleted what they had and they scrubbed their devices is that part of the context in evaluating this decision sure sure I understand what inferences can be drawn from that collection of facts of course he understands the inferences but no it wasn't intentional she slipped in her hip felon it fell on her lawyers and her lawyers deleted all the emails okay I'm a lawyer okay you don't do stuff that your clients don't tell you to do as a lawyer okay if somebody hands it over to me their emails and they said okay do what you will with the emails you think I'm going to lead all the emails anything I would do that if they were the Secretary of State there's clearly clearly an instruction that comes down the clinton camp to her lawyers Comey knows that and he's lying this is all a bunch of crap and then he gets to an even worse one right this is that will be the last one then we'll have to break unfortunately here's the the I love this one Comey says that hillary was unsophisticated about classified information she's the thick nuran who knew she's just she's crazy all brahma she just didn't know anything about how computers work and just wants her grandson to come over and teach her how to use the email so she makes a statement that says there was no markings you make a statement that there was so her statement was not true well that but that would actually have a little bit insight into into her statement because we asked her about that there were three documents that for portion markings where you're obligated when something is classified to put a marking on that paragraph right and there were three that bore C in parens which means that's confidential classified and so a reasonable person who has been a senator a Secretary of State a first lady wouldn't a reasonable person know that that was a classified marking as a secretary of state yeah a reasonable person that's all I'm asking yeah before this investigation I probably would have said yes I'm not so sure I I don't find it incredible rector tell me come on I mean I've only been here a few years and I understand the importance of those markings so you're suggesting that a long length of time that she had no idea what a classified marking would be that's your sworn testimony today no not not that she would have no idea what a cosmic marking with people but is she this question about sophistication came up earlier whether she was actually sophisticated understand okay she's just stupid she's by the way she's an originating source of classified information she creates classified information but she doesn't know what classified is because she's an unsophisticated player she's an unsophisticated player okay unfortunately in front of time on the Facebook live stream but if you want to watch the rest go to daily wired.com and subscribe it's eight bucks a month and just part from a gang we ain't that much money come on I mean Obama's gonna take more money from you like in the next five minutes you just give us your $8 a month and then you can watch or you can go to iTunes and SoundCloud and you can download the rest of the show but we have so much more to get to get the mailbag we're gonna talk about these these police shootings we're gonna talk about Donald Trump's response to all of this it's just it's a bonanza of joy so just over at Daily wire calm all right so the best excuse we saved for last the best excuse we saved for last I love this one Comey finally admits yes Hillary Clinton was negligent but she was unintentionally negligent I love this phrase unintentionally negligent do you know what that means that's redundancy gang that's from the redundancy department of redundancy uh no one is intentionally negligent negligent means by accident this is like saying I got into a car accident accidentally yes we know cuz it was called the car accident okay so here's James Comey explaining that she was unintentionally criminally negligent but if she'd been intentionally criminally negligent that would have been criminal but it was all unintentional because she's a crazy old coot um is it your statement then before this committee that Secretary Clinton should have known not to send classified material and yet she did well certainly she should have known not to send classified information I think as I said that's the definition of negligent I think she was extremely careless I think she was negligent that I could establish what we can't establish is that she acted with the necessary criminal intent okay this is ridiculous this is ridiculous she's guilty and commis covering for her end of story and the reason this happened is because the DOJ gave the word end of story end of story so that's that's James Comey the Republicans are responding to this predictably they're saying this is insane so Marco Rubio he says the State Department should bar Hillary Clinton's clearances because if you treat classified information this way you can't be trusted with this sort of information well what people a lot of people don't realize is beyond the criminality or non criminality of this there's the issue of State Department rules the State Department has rules on all of its employees on all of its officials about how to handle classified information and it has very clearly detailed that there are sanctions and punishments for violating those rules I promise you this if what we know Hillary Clinton and her staff did had been anybody else in the State Department they would have been punished and it would have gone from revoking their security clearance to being fired to everything in between and tuning long-term non-paid suspension etc so what I'm asking secretary Kerry to do this is under his jurisdiction is to ensure that the appropriate measures are taken to now punish all of these people for their reckless behavior and that includes Hillary Clinton because whether or not the federal government the Justice Department finds us to be criminal there is no doubt that it was negligent and there is no doubt that it violated State Department policy and he needs to carry that out and not ignore it for partisan political reasons okay so of course he's right of course he's right but none of this makes any difference none of this makes any Paul Ryan said the same thing jason Chaffetz says that that an average Joe would be in jail here's Chaffetz explaining that this is insanity do you suspect that do you agree with that that's it's a legitimate question for the FBI director because if you listen to the fact pattern laid out by the director I'm mystified there seems to be a double standard if the average Joe had gone through that they probably have handcuffs on them and probably be in jail but if your name is Clinton if you happen to be part of the powerful and elite there seems to be a different set of standards that certainly the Department of Justice has prosecuted people for far less and here in the Hillary Clinton they're just letting her go and yeah they're just gonna let her go okay so this should be a great time for Donald Trump to attack right right this would be you would think I mean just do what I did right just go out there and attack this would be a great time so now it's time for our daily game of good Trump Batra oh yes and today is an epic game of good Trump bad Trump so as always we begin with good Trump so good Trump he attacks the Clintons last night he's in Ohio and he goes after the Clintons and here's what he has to say about the Clintons we're tired of incompetent leadership and incompetent people and Hillary Clinton I said bad judgment she's incompetent okay she's in kind the only good thing she's ever done is get out of trouble when anybody else would have been in jail by now that's the only thing that ever seen her do that was a great job I gotta give her credit I gotta give her credit okay and he's right and if all he did last night was just this for an hour just go out there for an hour and do nothing but read Hillary Clinton's emails and read Hillary Clinton's testimony and then regens commis testimony and then just go back and forth and say she's a liar she's a liar she's corrupt she's a liar she cares more about herself than the country if that's all he did last night we would have been great right we've been gold that's all he has to do this is the worst news cycle for Hillary Clinton since she lost the nomination to Barack Obama in 2008 and it's the worst news cycle for her credibility ever in the history of her career okay it's a horrible horrible news cycle the head of the FBI is basically saying she's a criminal but I'm gonna let her get away with it because she's a criminal that's basically what the head of the FBI is now saying because we have a criminal conspiracy at the top of government I'm a part of it and so therefore I'm going to let her go that's basically what he's saying right now because there's no other excuse for him doing what he's doing unfortunately unfortunately because Donald Trump is Donald Trump bad Trump okay so it's time for some bad Trump and this is a listen even for people like me who are not fans of Donald Trump and I'm not a fan of Donald Trump because bad Trump is more prevalent than good Trump I'm not a fan of Donald Trump because I think he thinks the wrong things I don't think that he's a conservative but also because he's wildly incompetent and because he's destroying any possibility of defeating Hillary Clinton and all the rest of it Donald Trump has no capacity to hemin sailfin he just doesn't and it's in it's pathetic it's pathetic the media by the way are looking for another headline they're looking to swivel yesterday I mentioned they were looking to swivel from Hillary to drown from Jewish star tweet right what Donald Trump she was done is you're shut up just shut up about it you already got rid of it just shut up about it just go out there and say Hillary a hundred times in a row how many times do I have to tell you people knew Trump stirs if your boy just keeps saying Hillary from now to the election he puts even people like me who don't want to vote for Trump in a bad position because Hillary is such a criminal felon lying piece of human garbage yeah but Trump won't do that because he has this aspect of bad Trump just as preface he was on the hill today and on the hill he was trying to recruit Republicans so naturally he goes into a Republican meeting with with with members of Congress and proceeds to rip Ben Sasse mark Kirk and Flake all in a row because they don't back him he says to Jeff Flake you're not gonna get reelected switch Jeff Flake says I'm not up for reelection this year he says tomorrow Couric you're you're not gonna get reelected either but I'm gonna win your state Illinois mm-hmm and then he rips on Ben Sasse yeah that's a genius way to draw support to yourself but that wasn't the worst of it so the media are looking desperately they're looking desperately for an excuse not to talk about Hillary Clinton and her criminality normally the media just out squirrel right then they go chase a squirrel Donald Trump provides an army of squirrels that's what he does he has like a squirrel army and he just unleashes it you just unleashes the squirrel army so here is Donald Trump tweeting last night about this this Jewish star tweet this ridiculous thing you remember he tweeted a picture of Hillary Clinton over a bed of money and a Jewish star in the corner and then he said it wasn't a Jewish star wasn't a Jewish star it was a sheriff's star which is ridiculous right and because I know that all of Trump supporters who treat me I I just didn't know that all the alt-right people have been tweeting me sheriff stars if only I'd known that all this time I would have been less offended when they put the little star David on me that says dude on it this is you didn't on it then I should have known that they just meant I was that I was just the sheriff of the yuud's so that's that's just exciting so Donald Trump tweeted that out and then he covered it up the star with a circle and then he justified it okay fine whatever just let it go okay let it go okay but he can't let it go because he has no capacity to let it go so last night he tweets this out where is the outrage for this Disney book is this the Star of David also dishonest media hashtag frozen and it's a picture of a of a frozen product like a sticker book and it has a six pointed star right that says in it with 50 stickers right there's what he tweets out and this is his excuse now couple of things to point out about this first the first place that I'm aware of this image having appeared is on an alt write Twitter account trying to make excuses for Trump so the alt right that he says he doesn't monitor apparently provided him with this image that he then used to explain that he wasn't really taking his images from the alt-right so that's a little awkward second of all second of all I don't see the bed of money next to next to Elsa right there third of all I wasn't aware that Disney stores or were sort of the center of the alt-right online universe wasn't aware of that one either this whole thing is so stupid that's exactly right right I mean he could have let it go for the first time in forever he could have gotten on message instead he just demonstrated as always that he's a real fixer-upper in any case in any case Donald Trump does this routine but he doesn't stop there again he doesn't stop there because Donald Trump is an utter turd tornado so instead he goes out there and his rally in Ohio yesterday and he mentions the Star of David 28 times here is Donald Trump talking about the Star of David unbelievably dishonest media so think of that yes they have the star which is fine I shouldn't have taken it down you know they took this star down I said too bad you should have left it up I would have rather defended it just leave it up and say no that's not a snob that's just a star I trust about corrupt Hillary corrupt Hillary but she sent it out she said oh this is she's the one that started the dialogue okay he should have left it up we should have left it up you idiot now we're back to discussing the Jewish star even people like me who actually find this nonsense offensive offensive because you flirt with an alright group of people who tweet images of gas chambers at me on the day my baby's born I find that mildly offensive you know when you do this sort of stuff even I'm saying why aren't you talking about Hillary right now why are you talking about Hillary don't you think that's important why wouldn't you do that right but don't worry he has other things to talk about like for example at that same rally he says that he wants to announce somebody he's trying to get to speak at the Republican National Convention who pray tell okay shop just shut your face you stupid idiot just shut up Don King is a convicted second-degree murderer okay Don King he mentions Mike Tyson there Don King is so corrupt that Mike Tyson sued him for a hundred million dollars Mike Tyson thinks he's terrible there's Mike Tyson talking about Don King Don King who's a wretched there's just a red to slimy reptile any mother this supposed to be mine this will be my brother my black brother he's just um he's just a bad man it's real bad man he abused you and we thought he was he would people killed his mother for a dollar he's ruthless he's an deplorable he doesn't know how to love anybody that's just the way he is okay that's the guy the Donald Trump wants toFull review >>