Ep. 429 - A Scandal About Lying To The FBI About…A Nothingburger?

Episode Summary

Executive Summary: The episode centers on Ben Shapiro’s argument that the Mike Flynn plea does not prove Trump-Russia collusion, but instead reflects FBI/prosecutorial overreach and Trump’s own damaging messaging. He also defends the Senate tax bill, criticizes religious arguments against it, previews a Supreme Court religious-freedom case, condemns Trump’s Roy Moore endorsement, and closes with Federalist No. 6 on why strong centralized government is needed.

Main Topics: Mike Flynn plea and collusion claims (Priority: 5/5): Shapiro argues Flynn’s guilty plea to lying to the FBI is not evidence of underlying criminal collusion with Russia. He frames the case as potentially analogous to Scooter Libby: a lying-to-investigators prosecution without proof of a larger crime. Trump’s tweets and obstruction-of-justice fears (Priority: 5/5): He says Trump’s public defense of Flynn and attacks on the FBI, Comey, DOJ, and media are politically unwise because they create an appearance of guilt, but likely do not amount to obstruction under the relevant statutes. Tax reform and government power (Priority: 4/5): Shapiro celebrates Senate passage of tax reform as a major Trump accomplishment, argues it lets people keep more of their own money, and rejects claims that the bill is anti-American or deadly. Biblical arguments over taxes and charity (Priority: 4/5): He rebuts religious commentators who cite the Bible to defend high taxation, arguing the Torah’s tax-like obligations are limited, specific, and mostly personal rather than state-based welfare mandates. Masterpiece Cake Shop and religious liberty (Priority: 4/5): Shapiro previews the Supreme Court case as a test of freedom of association and religious liberty, arguing the state should not compel expressive artistic labor for a same-sex wedding. Roy Moore endorsement and political hypocrisy (Priority: 3/5): He criticizes Trump’s endorsement of Roy Moore as morally bad and politically harmful, while noting Democrats’ own hypocrisy in handling figures like Al Franken and John Conyers. Federalist No. 6 and interstate conflict (Priority: 3/5): He summarizes Hamilton’s argument that states are not naturally peaceful and that commerce or democracy alone cannot prevent conflict without a stronger national government.

Key Arguments: Flynn’s conduct, as described, appears to be a transition-team contact with the Russian ambassador, not proof of Trump campaign collusion or a serious underlying crime. Lying to the FBI is a crime, but a lying-to-the-FBI case without an underlying offense is not equivalent to Watergate. Trump’s tweet about firing Flynn because he lied to the FBI creates a bad inference, but the legal elements of obstruction are not clearly met. The relevant obstruction statutes require a pending proceeding, an official proceeding, or destruction of evidence; Shapiro says those elements are missing here. The FBI and Special Counsel environment appears politically biased or at least institutionally prone to overreach, especially given Comey’s treatment of Hillary Clinton. The Senate tax bill is imperfect and rushed, but it is a conventional Republican tax cut, not the end of America. Claims that the tax bill “takes money from the poor to give to the rich” are rejected; Shapiro says it lets people keep their own money. Religious appeals to the Bible for expansive taxation are, in his view, a misuse of scripture because biblical obligations are narrow, often private, and not equivalent to modern state welfare. The Masterpiece Cake Shop case is framed as a core liberty issue: the state should not compel a person to use artistic labor to express approval of a message he rejects. Trump’s Roy Moore endorsement is condemned as morally irresponsible, especially given the seriousness of the allegations. Hamilton’s Federalist No. 6 is used to argue that human nature, not commerce or democratic institutions, makes conflict inevitable without strong federal authority.

Data Points: Mike Flynn indictment/plea: Pled guilty to lying to the FBI - Core news item discussed throughout the episode Date of Flynn phone call: December 22 - Flynn’s call with Russian ambassador Sergei Kislyak Logan Act age: 218 years - Shapiro notes it has never convicted anyone in that span Logan Act convictions: 0 - Used to argue the law is effectively unenforced Scooter Libby sentence: Jailed, later commuted - Shapiro uses this as an analogy for a lying-to-the-FBI prosecution without an underlying crime Obstruction statutes cited: 18 U.S.C. 1503, 1512(c), 1519 - Shapiro walks through these to argue Trump’s conduct does not fit Federalist papers discussed: Federalist No. 6 - Used to argue for stronger centralized government Tax bill mandate effect: Individual mandate removed - Central to Shapiro’s criticism of claims that the bill kills people Deaths predicted from tax reform: 10,000 per year - Shapiro cites Larry Summers on CNBC making the claim Biblical charity/tithing amount: 10% - Maser Shani tithing for the poor in third and sixth years Biblical field obligation: 1/60th - Minimum amount associated with peah, leaving a field corner for the poor Biblical produce obligation estimate: 11.7% - Shapiro’s combined rough estimate of biblically mandated produce giving Charity threshold in Judaism: 20% - He says there is caution about giving beyond this level Tax reform volume: Senate passage - Highlighted as the biggest Trump accomplishment besides Gorsuch Flynn legal bills: More than $1 million - Cited from Brian Ross’s initially reported story Trump stock-market impact cited: 350 points - Trump says people who lost money due to Brian Ross reporting should sue

Pivotal Quotes: "I think the media are way out in front of what the news is actually showing." — Ben Shapiro: Opening argument about the Flynn plea and media coverage "The government cannot force you to buy things." — Ben Shapiro: His critique of Obamacare and later claims that tax reform is existentially harmful "It’s a shame because his action during the transition were lawful. There was nothing to hide." — Donald Trump: Trump’s tweet defending Flynn while acknowledging the lying allegation

Implications: The episode frames the Flynn case as politically explosive but legally narrower than critics claim, while warning Trump that rhetorical escalation can look incriminating. It also sets up major fights over taxes, compelled speech, and the scope of federal power.