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The Ben Shapiro Show

Ep. 1779 - The January 6 Indictment Is HERE – And It’s Bulls***

Wed Aug 02 2023
Donald TrumpIndictment2020 ElectionPolitical ProsecutionDouble Standard of JusticeCampaign ImpactMedia CoverageDistractionsLizzo

Description

Special counsel, Jack Smith, files a federal indictment against Donald Trump for multiple crimes related to the 2020 election and January 6th. The indictment accuses Trump of trying to subvert the will of American voters and cling to power after losing the election. The charges are seen as weak and politically motivated, stretching the definition of crimes. Proving beyond a reasonable doubt that Trump knowingly made false claims of election fraud will be difficult for the prosecution. The indictment invites a re-litigation of the 2020 election in a criminal court, which is unprecedented.

Insights

Indictment seen as politically motivated

The charges against Trump are seen as weak and politically motivated, stretching the definition of crimes.

Proving intent will be difficult

Proving beyond a reasonable doubt that Trump knowingly made false claims of election fraud will be difficult for the prosecution.

Re-litigation of the 2020 election

The indictment invites a re-litigation of the 2020 election in a criminal court, which is unprecedented.

Double standard of justice

Republicans want to stop the double standard of justice where Trump is targeted using legal power while Hunter Biden is not implicated in corrupt activities.

Impact on Trump's campaign

Trump's legal battles will drain his campaign funds and hinder his ability to focus on campaigning. His chances in a general election are doubtful due to his indictments.

Media coverage and distractions

Media coverage focused on Trump's legal problems and distractions caused by the indictment are concerns expressed by Mike Pence.

Allegations against Lizzo

Lizzo is facing allegations of weight shaming and pressuring employees into disturbing sex shows, which is seen as hypocritical given her own size.

Chapters

  1. Indictment against Donald Trump
Summary
Transcript

Indictment against Donald Trump

00:00 - 57:08

  • Special counsel, Jack Smith, files a federal indictment against Donald Trump for multiple crimes related to the 2020 election and January 6th
  • The indictment accuses Trump of trying to subvert the will of American voters and cling to power after losing the election
  • The indictment is seen as political and stretches the definition of crimes
  • Trump's alleged false claims about voter fraud and Mike Pence's ability to overturn election results are not provable crimes
  • Jack Smith is using this indictment as a backup in case the classified documents case in Florida fails
  • There is an overt attempt to stretch the law to get Donald Trump
  • January 6th was an unprecedented assault on American democracy fueled by lies, but it is not a crime
  • Donald Trump is not charged with incitement
  • Charging Donald Trump with incitement is not supported by the indictment.
  • The procedure of the trial may be influenced by Trump's other legal cases.
  • The judge in this case is an Obama appointee known for longer sentences than requested.
  • The charges against Trump are seen as weak and politically motivated.
  • The indictment accuses Trump of three criminal conspiracies, including fraud.
  • The charges against Trump do not fulfill the criminal statutes of defrauding the United States, obstructing justice, or conspiring against the right to vote.
  • The allegations lack evidence and do not match the crimes they are trying to indict him on.
  • Advancing legal theories that are not justified by a court does not constitute obstruction of justice or conspiracy against the right to vote.
  • The indictment claims that Trump knowingly made false claims of election fraud to subvert legitimate election results and change electoral votes in his favor.
  • Proving beyond a reasonable doubt that Trump knew these claims were false will be difficult for the prosecution.
  • To prove beyond a reasonable doubt that Donald Trump knowingly made false claims of election fraud
  • Establishing intent for Donald Trump on intent crimes is difficult due to his shifting beliefs
  • The defendant and co-conspirators organized fraudulent slates of electors in targeted states
  • Fraudulent electors were tricked into participating based on false promises
  • The defendant and co-conspirators attempted to use the power and authority of the DOJ to conduct sham election crime investigations
  • They falsely claimed that the DOJ had identified significant concerns that may have impacted the election outcome
  • The defendant and co-conspirators attempted to enlist the VP to fraudulently alter the election results at the January 6th certification proceeding
  • When this failed, they repeated false claims of election fraud to gather supporters and directed them to obstruct the certification proceeding
  • A large and angry crowd, deceived by the defendant, violently attacked the Capitol building
  • As violence ensued, the defendant and co-conspirators exploited the disruption by further levying false claims of election fraud
  • One of the allegations is that Donald Trump wanted to fire someone but didn't.
  • Trump repeatedly threatened to fire people throughout his administration.
  • The indictment describes a meeting where Trump suggested the DOJ should opine on the VP's authority during the certification proceeding.
  • When advised against it, Trump said he would talk to the VP himself and ended the conversation.
  • There is no allegation in the indictment that Trump told people to break into the Capitol and assault police officers.
  • The indictment describes events of January 6 but does not specify where a crime occurs.
  • Retweeting things is not a crime, so it's not mentioned in the indictment as such.
  • The defense will argue that Trump had reasons to believe there was election fraud, even if it may not have been as extensive as he claimed.
  • The charges against Trump are forcing him to spend money on legal defense instead of discussing critical issues.
  • The indictment invites a re-litigation of the 2020 election in a criminal court, which is unprecedented.
  • The indictment against Donald Trump is unprecedented, bringing a re-litigation of the 2020 election in a criminal court.
  • The defense will argue that Trump would have to be crazy to believe the charges brought against him.
  • Trump's defense will claim that much of his activity was protected free speech.
  • Trump's request for votes in Georgia was not asking for a pause, but for votes he did not receive in the election.
  • This indictment is about pure politics and criminalizing political speech, which is unprecedented.
  • The DOJ being weaponized against Trump while trying to make a deal with Hunter Biden creates a politically biased perception.
  • This would be the second time Democrats targeted Trump using legal power, making it appear as political prosecution.
  • Republicans rush to defend Trump because they see this as law enforcement being weaponized for political reasons.
  • Media response to the indictments is ecstatic
  • CNN's Caitlin Collins denies First Amendment protection for Trump's activity
  • Debate over whether certain actions occurred or not
  • Significance of the case compared to historical cases like Dred Scott and Brown vs. Board of Education
  • Potential political fallout if the Supreme Court overturns the charges
  • Charging things that do not exist as crimes undermines credibility of institutions
  • Trump's emotional response and comparison to Nazi Germany and Soviet Union
  • Indictment seen as banana republic type garbage
  • Kevin McCarthy's tweet contradicting President Biden's claims
  • Indictment against Hunter Biden is criticized by Republicans as 'banana republic type garbage'
  • Republicans claim that Hunter received money from China, contradicting President Biden's claim
  • Biden's DOJ attempted to give Hunter broad immunity and admitted the sweetheart deal is unprecedented
  • New poll shows President Trump leading as the Republican nominee
  • Republican lawmakers defend President Trump and criticize double standards of justice
  • Trump's legal troubles will dominate the election if he becomes the nominee
  • Trump's legal battles will drain his campaign funds and hinder his ability to focus on campaigning
  • Challenges for Trump include media coverage focused on his legal problems and limited resources for ground campaigns
  • Despite challenges, Trump benefits from the dynamic created by his legal troubles
  • Mike Pence expresses concerns about distractions caused by Trump's indictment
  • Mike Pence believes that anyone who puts themselves over the Constitution should not be president.
  • Pence thinks Trump's behavior leading up to January 6th was egregious and he shouldn't be the nominee.
  • Pence fails to address the issue of whether non-crimes should be charged as crimes.
  • The media avoids implicating Hunter and Joe Biden in corrupt activities.
  • Jonathan Lier argues that Joe Biden's involvement in Hunter's business is excusable because he is a nice guy and had personal challenges at the time.
  • Republicans want to stop the double standard of justice.
  • Republicans believe the double standard of justice must be stopped
  • Independents may focus on allegations against Trump and not like him
  • For Trump to win, turnout for Biden must be low
  • Trump's chances in a general election are doubtful due to his indictments
  • Lizzo is facing allegations of weight shaming and pressuring employees into disturbing sex shows
  • Lizzo's behavior with her dancers in Amsterdam is described in the lawsuit
  • The lawsuit claims Lizzo fired one dancer for recording a meeting and another resigned out of fear
  • Lizzo's weight shaming is seen as hypocritical given her own size
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