Ep. 467 - It’s Memo Day

Episode Summary

Executive Summary: The episode centers on the release of the Nunes memo, which Ben Shapiro argues reveals serious abuse in the FBI/DOJ FISA process: a Carter Page warrant allegedly relied heavily on the Steele dossier, funded by the DNC and Clinton campaign, while those political origins were omitted from court filings. Shapiro concludes this is a real scandal, but not necessarily enough to end the broader Mueller/Russia investigation.

Main Topics: Nunes memo and FISA abuse allegations (Priority: 5/5): Shapiro walks through the newly released memo and says it suggests the FBI and DOJ misled the FISA court by omitting key context about the Steele dossier and its political funding. Steele dossier as the basis for surveillance (Priority: 5/5): A major theme is that the Carter Page warrant allegedly rested on the Steele dossier, which Shapiro says was opposition research funded by the Hillary Clinton campaign and the DNC. Does the memo invalidate the Russia investigation? (Priority: 4/5): Shapiro debates two possibilities: either the Russia probe was built on tainted evidence and is fundamentally a sham, or other evidence existed that still justified ongoing investigation. Political and institutional fallout (Priority: 4/5): He discusses possible consequences for Rod Rosenstein, the FBI, DOJ officials, and President Trump’s response, including whether Trump might use the memo as justification for firings or to argue against obstruction allegations. Media, Democrats, and constitutional disputes (Priority: 3/5): Shapiro criticizes Democrats and media figures for saying the memo threatened national security or the Constitution, arguing Congress has oversight authority over the intelligence community. Mailbag and audience Q&A (Priority: 2/5): The latter half shifts to listener questions on immigration, abortion/Roe, philosophy of religion, military service, prostitution, and other topics.

Key Arguments: The memo indicates the Carter Page FISA warrant was obtained using the Steele dossier as a central piece of evidence. The political origins of the dossier—DNC/Clinton funding via Fusion GPS and Perkins Coie—were allegedly omitted from FISA applications. Christopher Steele’s anti-Trump bias and media contacts undermined his reliability as an FBI source. If the warrant was based mainly on biased opposition research, the FBI and DOJ may have misled the court by omission. The memo does not necessarily prove the entire Mueller investigation is illegitimate, because the investigation may have begun from other leads such as George Papadopoulos. Trump could use the memo to argue the original Russia-collusion claims were tainted, but firing Mueller outright would be premature if there was other independent evidence. Congress has oversight authority over intelligence agencies, so claims that releasing the memo endangers national security are overstated in Shapiro’s view.

Data Points: Length of memo: 4 pages - Shapiro repeatedly describes the memo as short and says he could read it verbatim if needed. Carter Page FISA process: 1 initial warrant + 3 renewals - The memo says the FBI/DOJ obtained one initial FISA order and three renewals on Carter Page. FISA renewal interval: 90 days - Shapiro notes each FISA order on an American citizen must be renewed every 90 days. Steele payments: Over $160,000 - The memo states Steele was paid by the DNC and Clinton campaign through Perkins Coie and Fusion GPS. Date of initial FISA order: October 21, 2016 - The memo says the DOJ and FBI sought and received the Carter Page order on this date. Yahoo article date: September 23, 2016 - The memo says the application relied heavily on a Yahoo News article that allegedly drew from Steele. Steele source status: Terminated as FBI source - The memo says Steele was terminated after an unauthorized media disclosure in October 2016. Potentially quoted bias statement: September 2016 - Bruce Orr reportedly recorded Steele saying he was 'desperate that Donald Trump not get elected.'

Pivotal Quotes: "The memo suggests that the FBI... the central component that they used, was the Steele dossier." — Ben Shapiro: He summarizes the memo’s core allegation about the Carter Page warrant. "Barack Obama's DOJ spied on his political opponent." — Ben Shapiro: Shapiro’s strongest framing of the memo’s implications after reading the text. "What it is the Congress's legitimate function of oversight to make sure that the FISA process is being used correctly." — Paul Ryan: Shapiro cites Ryan to argue the memo is oversight, not an attack on institutions.

Implications: Listeners are left with a major question about FISA safeguards, political influence on surveillance, and whether the Russia probe was tainted at its origin. The memo may fuel calls for accountability but does not automatically end Mueller’s investigation.