Ep. 1142 - The Kraken

Episode Summary

Executive Summary: Ben Shapiro analyzes Rudy Giuliani and Sidney Powell’s post-election press conference, arguing that their fraud claims are extraordinarily serious but not yet legally dispositive. He emphasizes that only evidence presented in court can alter election outcomes, reviews the status of recounts and lawsuits in Georgia, Michigan, and Pennsylvania, and criticizes media dismissiveness while insisting on a consistent evidentiary standard.

Main Topics: Press conference vs. court proceedings (Priority: 5/5): Shapiro repeatedly distinguishes between allegations made at a press conference and claims filed in court, arguing that only court-tested evidence can change election results. Georgia recount and certification (Priority: 5/5): He reviews Georgia’s hand recount, noting that the vote margin remains too large to overturn and that certification is imminent absent major new evidence. Michigan lawsuit withdrawal (Priority: 4/5): The Trump campaign’s withdrawal of its Michigan case is framed as a face-saving move after the legal theory failed to produce the relief sought. Pennsylvania legal challenges (Priority: 5/5): He explains that Pennsylvania claims were narrowed after adverse appellate rulings, leaving only small-scale issues that cannot plausibly reverse the statewide result. Sidney Powell’s Dominion/Smartmatic theory (Priority: 5/5): Powell’s allegations of hacked voting systems and foreign influence are presented as the most explosive claims, but Shapiro insists they require extraordinary proof. Media distrust and double standards (Priority: 4/5): Shapiro argues that contemptuous media coverage fuels public distrust because the press applies inconsistent evidentiary standards across political controversies. Biblical reflection on Esau and Jacob (Priority: 2/5): The episode closes with a Torah discussion on the blessing of Jacob over Esau, used as a moral lesson about survival, character, and responsibility.

Key Arguments: Large election-changing claims require large-scale evidence; press conference assertions alone have no legal force. Georgia’s recount did not materially alter the result; the remaining margin is still too large to reverse. The Michigan lawsuit was abandoned after its legal prospects collapsed, not because the campaign achieved the stated relief. Pennsylvania’s remaining claims concern too few ballots to overturn the statewide result unless major fraud evidence emerges. Sidney Powell’s claims about Dominion and Smartmatic would, if true, imply systemic invalidation of multiple elections and thus demand extraordinary proof. Fraud and irregularity allegations should be investigated, but only credible, court-presented evidence can affect certification or electors. Media and political elites worsen distrust when they dismiss allegations reflexively while previously tolerating weak claims against Trump or his supporters.

Data Points: Georgia recount volume: Nearly 5 million votes - Hand tally of the presidential race in Georgia Georgia vote shift: About 1,000 votes shifted toward Trump - Result of the Georgia hand recount Georgia margin: About 13,000 votes - Trump’s deficit after recount Michigan lawsuit target: Over 1 million mail-in ballots - Trump campaign’s withdrawn federal lawsuit in Michigan Wayne County discrepancies: Hundreds of votes - Poll book mismatch issues referenced in Michigan Michigan statewide margin: About 150,000 votes - Trump’s deficit in Michigan Pennsylvania ballots received after Nov. 3: 9,383 votes - Statewide total received in the three days after Election Day Pennsylvania unreadable postmarks: 655 ballots - Votes lacking legible postmarks in Pennsylvania Pennsylvania remaining gap: 73,000 votes short - Even voiding all late-arriving ballots would not change the result Pennsylvania total ballots: 7 million - Scale of the statewide vote used in Shapiro’s analysis Pennsylvania margin cited by Giuliani: 69,140 votes - Biden’s lead referenced during the presser Trump claims in Pennsylvania: 682,770 ballots - Giuliani claimed affidavits showing ballots were not properly inspected Mail-in certification extension: 3 days after November 3 - Context for Pennsylvania post-election ballot receipt States permitting post-election receipt: 19 states and D.C. - Third Circuit cited this to reject an equal protection theory Election distrust figure: 46% / 54% - Shapiro cites a poll where 46% want immediate concession and 54% do not Dominion states of use: 24 states - Shapiro notes Powell’s claims would affect many jurisdictions USCCA guide length: 164 pages - Advertisement for concealed-carry guide ExpressVPN offer: 3 months free with a one-year package - Sponsor mention Pure Talk offer: Unlimited talk/text and 2 GB for $20/month - Sponsor mention

Pivotal Quotes: "What people say in a press conference is of zero, not just a little, zero consequence to the actual outcome of the elections." — Ben Shapiro: He sets the episode’s legal standard: courts, not press events, decide election outcomes. "When you make an extraordinary claim, I require extraordinary evidence." — Ben Shapiro: Core principle applied to Trump campaign allegations and Sidney Powell’s Dominion theory. "the voice is the voice of Jacob, but the hands are the hands of Esau" — Ben Shapiro (quoting Genesis): Biblical discussion used to frame the story of Jacob receiving Isaac’s blessing.

Implications: The episode argues that election-fraud claims must be litigated with hard evidence or they will fail as certification advances. It also warns that media and partisan double standards deepen public distrust in elections and institutions.