Ben Shapiro: evaluation

Transcript context

…Ben. So I’m glad you’re excited. It’s always fun. So there are two elements to incitement of insurrection. One is incitement, the other is insurrection. So incitement has a legal standard, so does insurrection. Neither of those standards are met. So if you’re asking me, morally speaking, did Donald Trump do the right thing between November 4th and January 6th? I said, I will continue to say no, he did not. I think he was saying things that are false with just factually false about his theories with regard to the election, about the election being stolen, about fraud. This is all adjudicated in court. He did not even bring many of the claims that he has brought publicly and all the rest of that. If we’re talking about incitement of insurrection as a legal standard, he doesn’t meet any of those standards. When it comes to incitement, it has to be incitement to immediate lawless action. That’s the standard for incitement. And I’m very meticulous in how I use this because I happen to speak publicly a lot, and that means there are lots of people who listen to me, which means some of those people are probably crazy and some of them may go and do a crazy thing. Did I incite them? The media tends to use the word incitement very loosely with regard to this sort of stuff, in the same way that Bernie Sanders, quote, unquote, “incited” the congressional baseball shooting. He did not. Bernie Sanders has a lot of things I disagree with. I think Bernie’s a schmuck, doesn’t matter. He did not incite that. So saying bad things is not the same thing as inciting violence. Inciting violence, the legal standard in the United States is, I want you to go punch that guy in the face. That’s inciting. With regard to insurrection, typically, in insurrection, and there are some descriptions in case law, though none in statutory law as far as [inaudible 01:26:50]. The typical description in case law is the replacement of one legitimate government of the United States with another by violent means. The notion that Donald Trump coordinated any such insurrection is belied by the FBI itself. The FBI put out a report in, I believe it was… … is belied by the FBI itself. The FBI put out a report in, I believe it was August of 2021, suggesting that there was no well-coordinated insurrectionist attempt coordinated by the White House. In fact, what you had was Donald Trump thrashing around like that weird alien in the movie, Life. I don’t if you ever saw it with Jake Gyllenhaal, where he’s like kind of thrashing up against this glass box, just an alien just thrashing up against the glass box. That I think is more what you were seeing from November 4th to January 6th. lenhaal, where he’s like kind of thrashing up against this glass box, just an alien just thrashing up against the glass box. That I think is more what you were seeing from November 4th to January 6th. And then again, the claim that January 6th itself was an insurrection… I’m not aware that anyone was charged with actual insurrection. There were some people who were charged with seditious conspiracy. There are insurrection statutes that do exist. No one was charged under those particular statutes. There were some people who you could say informally had insurrectionist ideas. Those would be the people who wanted to hang Nancy Pelosi or kill Mike Pence, and those people are in jail right now. And the election went forward. The election was certified. Mike Pence presided over the certification. Mitch McConnell presided over the certification. Joe Biden has been the President for the last three years. Donald Trump, by the way, was still President at that point. If he had actually wanted to do what other people who’ve actually launched coups have done, he would’ve theoretically called the National Guard not to put down the riot but to actually depose the sitting Government of the United States in the name of a specious legal theory. He did not do that, he did not attempt that. Nobody working for him did that. The most you can say, I think, about what everybody was doing… and I don’t want to say everybody. We can talk about Trump because this is really about Trump. He used a phrase that Trump was disseminating knowingly false information. The word that’s carrying a lot of weight there is the word knowingly. Knowingly implies a knower. Do I think the information he was disseminating was false? Yes. Do I think that Donald Trump has unique capacity to convince himself of nearly anything that is to his own benefit? Absolutely. And I think that that’s actually what Donald Trump was doing there, and the evidence for that is Donald Trump being a human and all of us watching him for the last several years. So the idea that he knew it to be false, I’m not even sure those standards apply in any… just assessing him as a human, which is really what we’re being asked to do because there’s an intent element to this crime. Do you think that today, Donald Trump knows that he lost the election?…

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