Added: Jul 3, 2024

The podcast begins by discussing a recent Supreme Court decision regarding presidential immunity. Shapiro explains that the decision did not grant former President Trump blanket immunity from criminal prosecution, as some have claimed. Rather, the Court ruled that presidents have absolute immunity for certain core official acts, presumptive immunity for other official acts that can potentially be overcome, and no immunity for unofficial acts.

Shapiro breaks down the five categories of alleged crimes for which Trump is being charged: 1) Trying to get state electors to change votes, 2) Organizing fraudulent state electors, 3) Using the DOJ for "sham" investigations, 4) Pressuring Mike Pence to alter results, and 5) Convincing Congress members to delay certification.

The Supreme Court decision, written by Chief Justice Roberts, establishes that presidents have absolute immunity for core constitutional powers like pardons or firing executive branch employees. For other official acts, there is presumptive immunity that can potentially be overcome if prosecution wouldn't impede the functioning of the presidency. Unofficial acts have no immunity.

Shapiro argues this is a fairly moderate, logical decision that doesn't give presidents unlimited power. However, he claims many legal analysts and media figures are misrepresenting or lying about the ruling to stir up controversy.

Reactions and Misrepresentations

The podcast criticizes Justice Sonia Sotomayor's dissenting opinion as being wildly inaccurate and alarmist. Sotomayor claimed the decision gives former presidents immunity for any crimes committed in office and creates a "law-free zone" around the presidency. Shapiro argues this is clearly false based on the actual text of the majority opinion.

He also criticizes Democratic politicians and media figures for echoing Sotomayor's mischaracterizations. For example, some claimed the ruling means a president could now order the assassination of political rivals with impunity, which Shapiro says is ridiculous and not supported by the decision.

Shapiro argues Democrats are deliberately misrepresenting the ruling to create a new "inflection point" in the presidential race and revive Joe Biden's struggling campaign. By claiming Trump has been granted dangerous new powers, they hope to convince voters that only Biden can save democracy.

Biden's Speech and Campaign Strategy

The podcast then analyzes a speech Joe Biden gave in response to the Supreme Court decision. Shapiro characterizes it as demagogic and pathetic, arguing Biden is lying about the ruling to scare voters. He claims Biden is trying to reset the narrative after his poor debate performance by portraying himself as the defender of democracy against a newly empowered Trump.

Shapiro points out the irony of Biden attacking the Supreme Court's legitimacy while claiming to defend democratic institutions. He argues Biden is undermining the Court for political gain while hypocritically accusing his opponents of being anti-democratic.

The podcast suggests Biden's team scheduled this speech to counter the negative impressions left by his debate performance. By having Biden speak for four minutes without taking questions, they hoped to project an image of competence. However, Shapiro argues this strategy is unlikely to work given Biden's obvious cognitive decline.

Internal Democratic Party Dynamics

Shapiro outlines four main factions within the Democratic Party regarding Biden's candidacy

1. The Biden family, who want to retain power and protect themselves.

2. Party insiders who know they can't replace Biden but pretend everything is fine.

3. Biden's aides who are leaking negative information to avoid blame for his decline.

4. Media figures who are now admitting Biden's issues after covering for him for years.

The podcast cites reports of Biden's declining mental state and difficult behavior behind the scenes. It argues many Democrats privately want Biden to step down but can't say so publicly. Shapiro suggests the party is in a state of panic, trying to figure out how to handle an incumbent president who is clearly struggling but refuses to exit the race.

Kamala Harris and Potential Replacements

Shapiro dismisses the idea that Vice President Kamala Harris could successfully replace Biden as the nominee. He plays a clip of Harris speaking at an awards show, arguing she comes across as inauthentic and unpopular. The podcast suggests Harris's unpopularity is actually protecting Biden's position, as Democrats fear replacing him with an even weaker candidate.

Shapiro discusses other potential replacements like Gretchen Whitmer, but argues it's likely too late for the party to make a change. He cites reports that the DNC is considering formally nominating Biden earlier than usual to quash talk of replacing him.

Media Coverage and Donor Concerns

The podcast criticizes media figures who are only now admitting Biden's cognitive issues after defending him for years. It plays a clip of journalist Carl Bernstein saying sources close to Biden have witnessed concerning incidents over the past year. Shapiro questions why Bernstein and others didn't report on this earlier if they knew about it.

The podcast also discusses reports of Biden's campaign trying to reassure worried donors. It cites a New York Times article describing a call where campaign officials downplayed concerns about Biden's debate performance and age. Shapiro argues this approach is unlikely to calm donors who are questioning their investment in Biden's campaign.

Conclusion

Shapiro concludes that Democrats are in a difficult position with no easy way out. He argues they are stuck with an incumbent president who is clearly struggling but refuses to step aside. The podcast suggests all the controversy over the Supreme Court decision is ultimately a distraction from the core issue of Biden's fitness for office.

Shapiro contends that Democrats are trying to manufacture a crisis around the Court's ruling to energize their base and distract from Biden's shortcomings. However, he believes this strategy is unlikely to succeed given the obvious nature of Biden's decline.

Overall, the podcast presents a highly critical view of Biden, his campaign, and the Democratic Party's handling of his candidacy. It argues that attempts to spin the Supreme Court decision or attack Trump cannot overcome the fundamental problem of having a cognitively impaired incumbent president seeking reelection.

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