Ep. 146 - The FBI Defended Hillary By Destroying The Law

Episode Summary

Executive Summary: The episode centers on Ben Shapiro's claim that James Comey used a legally incoherent standard to shield Hillary Clinton from indictment over classified emails, despite evidence of negligence and potential obstruction. It also criticizes Donald Trump for self-inflicted distractions, examines two controversial police shootings amid calls for more evidence, and touches on culture-war topics, Western films, Marvel politics, and listener mail.

Main Topics: Comey's decision not to recommend indictment for Hillary Clinton (Priority: 5/5): Shapiro argues that Comey's explanation—requiring intent and treating Clinton as merely careless—contradicts the statute, ignores evidence of gross negligence, and amounts to political protection rather than legal judgment. Interpreting intent, gross negligence, and obstruction (Priority: 5/5): The transcript repeatedly disputes Comey's legal reasoning by citing 18 U.S.C. 793(f), comparing Clinton's conduct to ordinary criminal negligence standards, and arguing the deleted emails themselves suggest obstruction. Donald Trump's self-defeating messaging (Priority: 4/5): Shapiro praises Trump's attacks on Clinton but says Trump repeatedly derails the cycle with inflammatory side issues like the Star of David tweet, Don King, and Saddam Hussein comments, allowing media attention to shift away from Clinton. Police shootings and the demand for evidence (Priority: 5/5): The show discusses the Alton Sterling and Philando Castile shootings, emphasizing that viewers lack enough evidence to determine guilt, while criticizing President Obama and the left for framing them prematurely as systemic racism. Media and political double standards (Priority: 4/5): A recurring theme is that media outlets and Democratic leaders are portrayed as exploiting emotion, race, and ambiguity to push narratives while ignoring relevant statistics and inconsistent treatment of similar cases. Pop culture, movies, and mailbag/Q&A (Priority: 2/5): The latter portion shifts into lighter content: a Western film recommendation, criticism of Marvel's political messaging, and extended listener questions on books, socialism, recycling, delegates, sanctuary policies, and rights.

Key Arguments: Comey's stated requirement of criminal intent is wrong because the statute cited allows prosecution for gross negligence, not just deliberate misconduct. Clinton's setup of a private server, repeated false statements, and deletion of emails suggest both knowledge of wrongdoing and possible obstruction. Comey's testimony implies a two-tiered justice system: ordinary people face discipline or prosecution for similar behavior, while Clinton is excused because of status and politics. Trump had a strong opportunity to keep attention on Clinton's vulnerability but repeatedly redirected the news cycle onto his own controversies. The police shooting cases were too factually incomplete to justify definitive conclusions, and Obama was criticized for turning them into evidence of systemic racism before all the facts were known. The media are alleged to amplify narratives selectively, ignoring shootings involving white victims or inconvenient context when it does not fit the preferred story. Cultural institutions like Marvel are mocked for injecting overt partisan politics into entertainment, which Shapiro says is unnecessary and alienating.

Data Points: Statute cited: 18 U.S.C. 793(f) - Referenced as the legal basis for gross negligence involving national defense information. Years since statute passage: 99 years - Comey said DOJ had used the gross-negligence statute only once in 99 years. Federal cases involving mishandling classified info: 100+ years - Comey described a century-plus of DOJ investigation/prosecution history. Alton Sterling police encounter: 2 officers - Transcript describes two officers restraining Sterling before shots were fired. Philando Castile traffic stop reason: busted tail light - Castile was reportedly pulled over for a broken rear tail light. Low double-digit annual figures: double digits - Shapiro says the number of unarmed black people shot by police annually is in low double digits. Black community poll in 2014: 57% - He cites a 2014 figure saying 57% of the black community thought Darren Wilson should get the death penalty before evidence emerged. White community poll in 2014: 56% - He cites 56% of white people saying they wanted more evidence in the Darren Wilson/Michael Brown case. Don King's legal history: convicted second degree murderer - Used to criticize Trump's praise of Don King. Mike Tyson lawsuit against Don King: $100 million - Mentioned to underscore King's reputation for corruption. Mattress of materials: 4 years - Clinton is described as having used multiple devices over her term as Secretary of State. Police body of evidence on Castile: 9 minutes - The girlfriend's live stream allegedly continued for about nine minutes after the shooting.

Pivotal Quotes: "We do not see those things here." — James Comey: Comey's explanation for not recommending indictment of Hillary Clinton. "We no longer live in a nation of laws. We live in a nation of Democrat rulers." — Ben Shapiro: Reaction to Comey's decision and perceived partisan double standard. "If the average Joe had gone through that, they'd probably have handcuffs on him and probably be in jail." — Jason Chaffetz: Commentary on the perceived disparity between how an ordinary person and Clinton would be treated.

Implications: The episode argues that law, politics, and media narratives are being bent for elite protection and partisan goals, while rushed racial conclusions and Trump's distractions distort accountability. For listeners, the takeaway is to demand evidence, consistency, and discipline from both institutions and politicians.