The Dan Bongino Show - Ep. 873 The Big Lie Exposed

Episode Date: December 17, 2018

In this episode I ask the question, “Is Bob Mueller’s team getting worried about critical evidence?” Also, are key players lying about lying? I address the Obamacare ruling and what it means for your health care. Finally, I cover the recent developments in the net neutrality debate. News Picks: Is Gen. Mike Flynn’s conviction going to be overturned?   Is Bob Mueller’s team concerned about this piece of critical evidence?   Federal judge rules Obamacare is unconstitutional.   Nancy Pelosi is wondering why the media is focused on allegations against Trump. What?   Net neutrality supporters were all wrong. This latest study debunks all of the hysteria over the repeal of net neutrality.   The father of the deceased young migrant girl says the Border Patrol did everything they could do. Learn more about your ad choices. Visit podcastchoices.com/adchoices

get ready to hear the truth about america on a show that's not immune to the facts with your host dan bongino all right welcome to the dan bongino show producer joe how are you today hey man all set and ready to go monday morning busy news weekend again uh folks it's only getting worse with jim comey up on capitol hill today uh i'm sure it will be another just litany of BS. This guy is just a walking BS spewer at this point. Comey, it's unbelievable that people even take this guy seriously anymore. I got a couple things on that. Massive decision on Obamacare.

What? Where did that come from? It's like Friday, everybody's hanging out. People are having a couple adult sodas, hanging out with their wives, girlfriends, boyfriends, whatever you're doing. You're sitting there tipping back a couple Corona lights, whatever you're doing, popping a little lime in there. And all of a sudden, federal judge rules Obamacare is unconstitutional. Okay. All right. Gotcha. All right. I'll get into that too. Today's show brought to you by our buddies at WaxRx. Miss WaxRx.

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because of inner earwax who knows it might just change your life go wax rx.com offer code dan yeah baby yeah okay first uh before we get to even call me in the other stuff i want to talk about a really serious problem that is being now highlighted thankfully by uh for those of you who know him jordan peterson who has written a very uh popular book and dave rubin who is uh who is a a liberal but dave is on our side when it comes to civil liberties and things like that. Something happened this past week, which is really important. Folks, the deplatforming movement has gone now mainstream with the Democrats. They are, make no mistake, the Democrats are absolutely all in in the anti-civil liberties movement,

anti-speech movement, anti-free speech, corporate deplatforming, government prosecution of people for process crimes. The Democrats are all in on police state tactics and have been for a long time. Now, thankfully, we have some reformed Democrats like Dave Rubin and some thinkers like Jordan Peterson out there fighting back against this totalitarian streak by the left. So what happened? What's the solution? Why am I talking about Peterson? How are we going to fix it? Well, here's what happened first. Here's the what.

There's a guy, and I'm sorry, I'm not intimately familiar with his work. I've heard of him, but I don't know. I'm not deeply familiar with his content. So forgive me in advance. But there's a guy goes by the name of Sargon of Akkad on Twitter. I think that was his Twitter handle. I know he had a YouTube channel too.

He does some stuff that apparently the left is deemed controversial. Again, forgive me for not having a real heavy background into it, but I can't follow everyone at the same time. Bottom line is, there was again a liberal push to get this guy pushed off of social media

and to get him deplatformed and the way this this guy who went by the moniker sargon of akkad was funding his operation his content creation we funded by sponsors to try to keep it free he was funding it using patreon patreon patreon whatever it is uh patreon uh is is one of these platforms where patrons can donate money to your your cause and where you can create content. Listen, I don't have any problem with it. I don't use it. One day we may have to go to some type of platform if we're, you know, if the liberals continue this.

But I would rather the sponsors pay for it and keep this stuff free for you all. But that's a choice. I'm not again, I want to be crystal clear. I'm not knocking anyone else who does that in the end conservative content creation takes work it takes time and there's you got to find a way to pay for it right joe i mean joe's at a radio station too where they get they have sponsors and that pays for all the equipment the capital costs and all that other stuff sargon chose patreon patreon apparently from what i'm reading in the story and getting accurate information is hard because it's always told from a liberal lens controversial content we don't know

that i mean i don't know i've had to look at and see all this content see what they're talking about the point of this is the sargon apparently didn't break any of the rules of engagement or the operating rules for patreon in other words Patreon just kicked them off this platform and said, see you later. You're gone. Now, I've warned you about this in the past. It started with Alex Jones and InfoWars. And of course, you had a lot of even conservatives out there who were, well, he didn't deserve. Regardless of what you think about Jones, everybody warned that this was a slippery

slope, that what started there was going to progressively roll and come downhill and eventually was going to affect everyone who is not a liberal. Where does Jordan Peterson come into the mix? Jordan Peterson is a very bright guy, wrote a very successful book, who has been speaking out against these culture wars for a long time now and has gained a viral following he uses patreon as well to the tune of a very nice sum of money per month which again i i'm good for him that's that's if if your content is changing the dialogue changing lives and you put the work into it he puts into it and people want to fund it amen brother knock yourself out The problem is I can guarantee you Peterson's going to be next. Ruben won't be far after. Dave Ruben uses Patreon as well.

So Peterson and Ruben have joined, you know, have joined, done the Wonder Twins Activate routine. They've joined together and they are saying now that they are going to start an independent platform, independent of Patreon, where content creators can openly create their stuff and be funded by the people who enjoy that content folks i have told you this from the start the liberal war on free speech is not a joke good for peterson and ruben this is what has to happen i. Joe, we've done what? 10 shows on this, maybe more? At least. There is a...

Nature hates vacuums. It just hates them. There is a vacuum right now from start to finish for an entire business model based on one simple thing, Joseph. And here's the motto. We're not them.

That's all you... Folks, I'm telling you. There are billions of dollars to be made, just like Fox News saw it back in the day, for saying we're not them. Now, let me be clear what I'm talking about, and I don't want to mess this up because this is a very, very important debate going on right now.

For money people out there listening to this show who have money and are looking for a way to make a fortune here it is you need to from start to finish start a payment platform like a patreon type platform go with conservative or forgive me we don't even need conservative companies not them companies that deal with servers for the server space you need payment processors that are not them and there is a fortune to be made what does not them mean folks when the vacuum existed for a media source that was not cnn nbc abc and cbs right before fox news roger ailes and company came in and said, what's the problem with the news today? The problem is obvious. It's left-wing bias. They asked the simple question, is there an opportunity here? You ever do SWOT analysis? Strengths, weaknesses, opportunities,

threats. It's a key component of any business school operation. And it's actually pretty helpful. You do a matrix. What are our strengths? What are our weaknesses? What are our opportunities? What are our threats? How do we exacerbate our strength by taking advantage of an opportunity? How do we mitigate a weakness by mitigating a threat?

This is how you handle SWOT analysis and you figure out an opportunity. There is a huge opportunity here. So how can we leverage our strength? Money. Conservatives out there have money. A lot of them do. They work very hard. They built successful businesses.

How do we take advantage of an opportunity? The answer is start to finish. You build these platforms. Here's what I mean. You can't do it from the top down. Because once you start this payment company, the liberals and the anti-civil liberties advocates and the anti-free speech advocates out there,

once Peterson and Dave Rubin start this, the problem I think they're going to have is liberals are going to go right down the line and say, okay, Jordan Peterson has a platform where you can donate money to his cause and Dave Rubin's cause, two very talented guys. What are they going to do next, Joe? They'll go after the payment processor.

You right? They'll say after the payment processor. You right? They'll say, listen, ABC payment processor where that processes the credit cards. You shouldn't work with them. Some money business interests need to get together and start a payment processor company. And they don't have to say they're conservative. Doesn't even matter. All you have to do is what Fox News did. We're not CNN, right, Joe?

Here's CNN. We're not them. And everybody was like, they knew why CNN sucked and they knew why they hated CNN at the time because they were liberal. Maybe they couldn't articulate it in some, you know, Homer like Odyssey book, you know, or some poetry. But they knew they didn't like CNN. Even if they couldn't perfectly articulate what the reason was, they found Fox. Fox said, we're not CNN. We're fair and balanced.

And boom, it's now a billion dollar enterprise. So I'm saying, and I'm sure, listen, Jordan Peterson and Dave Rubin are very bright guys and are very entrepreneurial, smart businessmen. I know they figured this part out too, but eventually, you see where I'm going with this show? It's not just good enough to set up a, we're not Patreon, right? Where you can support them. You're going to have to get a payment processor as well. What's the next thing?

You're probably going to have to get a company that provides servers and computer space that also is not them. Because once liberals figure out they can't attack Peterson and Rubin on their platform, they'll go to the payment processors. Once a conservative, we're not them because once liberals figure out they can't attack Peterson and Rubin on their platform, they'll go to the payment processors. Once a conservative, we're not them payment processor comes in,

they'll attack the server company. Why are you hosting them? This has to be built from the bottom up. Like the entire news business was rebuilt with Fox news and the marketing brand, Joe, clearly it's very simple. Doesn't have to be we're conservative. We're a liberal, we're a libertarian organization.

It doesn't have to be any of that. I would, matter of fact, recommend you don't do that. I would say, listen, we are everything. They're not. You are welcome here, Joe. It's important. If you were a liberal, if you're a communist, if you're a green party, if you're a conservative, if you're a really, really conservative guy, if you're libertarian, and here are our ground rules,

and you lay the ground rules out very simply, there'll be no threats of violence, there'll be no law breaking, but other than that, free speech is the way we are going to respect free speech. All you have to say is we're not them. Folks, this deplatforming issue is important. It is critical. I see it. We are in this business. Joe and I have had to deal with things behind the scenes.

We don't talk about on the show as to not waste your time. If we thought they were interesting, they would. There are a lot of bureaucratic stuff, but it is a relentless, relentless attack by anti-civil liberties advocates on the left. Relentless.

And this deplatforming movement is going to continue. So I just want to start with that story because it's so critical. I want to applaud Jordan Peterson and Dave Rubin.

I think this is a bold initiative. And I think if you are on Patreon supporting other people and they get this up and running, I would highly recommend you dump it and go with their company when it starts. Because remember, they're not them. They're not Patreon.

And if you're a money person, listen up. You start this company. You don't have to brand it conservative at all. You just have to say, we're not the other guy. This is very, very, very important. Okay. Moving on. just have to say we're not the other guy this is very very very important okay um moving on so uh gosh so much to talk about today uh jim comey is up on capitol hill again today and there is a a wonderful wonderful piece up in the show notes today up on gino.com and i humbly ask that you subscribe to my email list we will send you the best articles of the day to get your news day started.

Right. This article by Margo Cleveland, who I cite often because her work at the Federalist is spectacular. She has a great piece up about these inconsistencies in the Flynn prosecution, Joe and Jim Comey, just losing his marbles. He's just saying things that just don't make sense anymore. So before we get to that, I want to point out this cut.

Devin Nunes, who appeared on Maria Bartiromo's show on Fox this weekend, was talking about some of these inconsistencies in the Flynn operation and issues with Jim Comey. And there's no better person to start off with on a Monday morning than the excellent Devin Nunes. Play that cut. It was clear from all of our investigation that we have done that the FBI agents who had interviewed Flynn

did not think that General Flynn was lying. And then it doesn't pass a simple straight face test that General Flynn would lie when he knows that they have the transcripts of his conversation with the Russian ambassador. Folks, okay, this is key. Now, why do I bring this up in relationship to Jim Comey? Because in Jim Comey's last appearance up on Capitol Hill and some of his other conversations with Capitol Hill lawmakers, Comey has been insistent that he believed Mike

Flynn lied, except for the fact that Comey did, that's not what the FBI Comey-headed actually said. Right. Folks, are we tracking the FBI, two FBI agents, Peter Stroke and Joe Bianca, show up at the White House? I'll get to that in a second, by the way. Why they were even there, I brought up on Fox & Friends this morning. There was no reason for them to even be there. That's a whole separate, I'll get to that in a second. But when they get there and they interview Mike

Flynn about a conversation with the Russian ambassador, they already have the answers to folks. Why is the FBI asking Mike Flynn questions about an interview they already have the transcript to? Joe, listen, I'm not messing with you as a non-federal agent, but a rational thinker. Yes. Why would the FBI be asking questions of Mike Flynn? They clearly have the answers to in advance. They want to see if he screws something up.

Yes. Yes. It's the only, in other words, they're creating an investigation out of thin air to create a crime later. A screw up in the transcript they can prosecute him for. They're not concerned clearly about what they're asking about the, what the content of the interview is going to be. They're only concerned to get him to screw up so they can charge him with lying.

It's obvious. How do I know that? Because again, I'll read to you a headline from the day before. He's interviewed on January 24, 2017. Here's a Washington Post headline from January 3, 2017. The article's in the show notes from last week if you'd like to read it. from January 3rd, 2017. The article's in the show notes from last week if you'd like to read it. FBI reviewed Flynn's calls with Russian ambassador

but found nothing illicit. These are FBI leaks to the Washington Post saying there's nothing wrong with the calls. Sorry, I got ahead of myself. I said I'd get to that later, but I already... It's so obvious that they were setting this guy... There was no reason to talk to Flynn at all. None.

They were trying to get him to trip up so they could charge him. Now, this is critical. In the documents we now have revealed in the sentencing memo for Flynn, they're talking about both of the FBI agents. Here's a quote. Both had the impression at the time

that Flynn was not lying or did not think he was lying. But they charged him with lying. So the FBI agents who, number one, have no reason to be there at all. The Washington Post headlines clear as day. The FBI leaked to the Washington Post somebody in the DOJ or the FBI leaked to the Washington Post that there was nothing illicit about Mike Flynn's call. It was nothing illegal about it. He was the incoming national security advisor. Not only have no reason to be there, when they exit the interview, they both had the

impression that he was not lying. Margo Cleveland goes on in this piece. This fact conflicts with former FBI director Jim Comey's recent testimony before the House Judiciary and Oversight Committees. director jim jim comey's recent testimony before the house judiciary and oversight committees in discussing the agent's view of the flynn interview comey testified that quote the agents observe no indicia of deception physical manifestation shiftiness you know that sort of thing end quote but the former fbi director added that his quote recollection was that flynn was the was that in the conclusion of the investigators,

was obviously lying. But they saw none of the normal common indicia of deception. Well, what is it? Jim Comey just said, are you tracking, folks, how easy this is to understand the manipulative nature of Jim Comey? He says here it was the conclusion that he was obviously lying, despite the fact that the FBI agents actually in on the interview, quote, both had the impression at the time that Flynn was not lying or did not think he was lying. Guys, ladies, what is it?

This is not, listen, even a brain dead liberal can figure out there's a problem here. There's an, Comey's testimony cannot be true. Or the FBI agents who interviewed Flynn are lying. Somebody's lying here. They're lying about lying. It's unbelievable. How do liberals not see this? The FBI agents who were in the room,

Peter Stroke and Joe Bianca, concluded on documented paperwork that they both had the impression at the time that Flynn was not lying or did not think he was lying. Jim Comey is now saying in testimony he was obviously lying. Well, who's lying, Jim? Joe, who conspicuously was not in the room with the Flynn interview? Jim Comey. Yeah. So how does Comey know he was obviously lying when the two people in the room said he was, quote, not lying?

My beloved, I love you guys and ladies to death. You're the best. Is this hard? I'm curious. To all the conservatives that play this stuff at your workplace, and I thank you so much.

I love you because it probably drives liberals crazy. I get this a lot. I play it in my shop and liberals come in and it drives them crazy. To the liberals that are in the shop of the conservative men and women

who play this in their shop, just stop, liberals. I know you're doing business, conservative guys and ladies. I don't want to interrupt your business with them. Maybe it's a mechanic shop, a bagel store, whatever it is. Everybody just stop. And to the liberals doing business conservative guys and ladies i don't want to interrupt your business with them maybe it's a mechanic shop a bagel store whatever it is everybody just stop and to the liberals i'm talking to you conservative guys point to the liberals and tell them to listen to the speaker how is it possible that two fbi agents interviewed

mike flynn concluded and i quote in documented paperwork it was and he was not lying or did not think he was lying and at the fbi director who was not in the interview concluded he was obviously lying can you explain that by the way neither of those fbi agents has revised that statement the ones that interviewed him okay liberals you can go back to your business now with those awesome conservatives running the greatest shop ever which is where you're doing business right now. But do me a favor, go home. Think about that. Go ahead. Talk amongst yourselves. Think about that, how that's possible. Now, even worse in this case, even worse, you may say, you know, well, Mike Flynn, I could see the liberal response. Mike Flynn pled guilty to lying. Folks, it's obvious what happened with Mike Flynn

because everybody knows he was bankrupted by this. You clearly don't understand the justice system or you're just playing stupid. Maybe you are stupid. I don't know. I'm hoping you're not. I'm not accusing you of anything, but there's only two outs here.

Either you don't understand how an unlimited budget federal justice system works when they target someone or you're blissfully naive the federal justice system when they target you can bankrupt you their lawyers are on salary they will go all day every day forever you have to pay an attorney Flynn was bankrupted Flynn obviously had an incentive to plea to this thing even even if he knows he didn't do it. And I'm I'm telling you, Flynn didn't do it. Flynn did not have an honest recollection of what the conversation was about.

He wasn't lying about sanctions. Even the FBI thought there was nothing to listen. Why would Flynn lie about a non-crime? Doubling down on this. I'm just asking you to be rational. Why would Flynn lie about a non-crime doubling down on this i'm just asking you to be rational why would flynn walt lie about a non-crime number one if the fbi thought was a non-crime according to their own leaks to the washington post the doj or fbi but secondly joe we now find out through the paperwork that flynn knew the call was recorded oh this is This is relatively new. Yeah.

Flynn tells Andy McCabe in a phone call, as documented by these memoranda, Flynn tells McCabe, the FBI number two, hey, I know you guys probably have the phone call already. In other words, he tells McCabe, just read the transcript if you think there's a problem tell me you're picking this up McCabe and it's in dispute by the way as Margo Cleveland points out in her piece who calls who does Flynn call McCabe or does McCabe call Flynn now again it may be insignificant but that's it's in muller's paperwork it says that flynn called mccabe in other paperwork file that says mccabe called flynn now it's the only reason that's important is because is flynn trying to get out ahead of that now remember they're calling him after this

washington post story by david ignatius follow me here after this story leaks in a felony leak to the washington post of flynn's name about this non-illegal call he made with the Russian ambassador, the press attention through the leak is used to create pressure on Mike Flynn, even though Mike Flynn did nothing wrong. So follow what happens here. Mike Flynn is now the national security advisor for President Trump. now the National Security Advisor for President Trump. This story and his name that he spoke with the Russian ambassador about sanctions leaks. His name leaks to David Ignatius

of the Washington Post in what is a felony criminal act, which we haven't seen any justice on at all. That leak is used then to create public pressure about a mythical collusion scandal on Mike Flynn, although he did nothing wrong. Someone calls someone. Does McCabe call Flynn? Does Flynn

call McCabe? We don't know yet because it's two different versions of it. Bottom line, though, is the number two at the FBI and Mike Flynn get on a phone call. McCabe says to Flynn, hey, we're looking to clear this thing up. Flynn says back to McCabe, hey, you guys already have the call. What do you need to clear up? I don't even understand. You already have the transcript. Why am I telling you any of this? Because do you really believe Michael Flynn, the former director of the DIA, the Defense Intelligence Agency, a 30-year military, heroic military patriot who understands deeply the intel apparatus

of the United States and who clearly now understands his entire call has been monitored and transcribed. How do we know? Because he tells the number two in the FBI that. Do you think that Mike Flynn, knowing the call's transcribed, would still lie about it?

Does that make any sense? He already told the FBI dude, the number two McCabe, that they had the transcribed phone call. Does it make sense to you now that he just made an honest mistake and forgot they talked about sanctions? No, no, no, it doesn't, man. Typical liberal dopes. So let's be clear on this. Mike Flynn knows the call's transcribed. He knows the number two at the FBI has the transcribed phone call

where sanctions are mentioned. The two guys, FBI agents that show up, agree he was not lying. They write down he was not lying. But you still insist, Mike Flynn, we plead guilty. He's bankrupted. Yeah, well, you know, that's just like your opinion, man. We haven't used that in a while. That is an oldie but goodie.

That's all the liberals. That's their only response. Well, that's all they've got. They don't have anything. They keep saying he pled, he pled, he pled. I get it. I get it. People plead guilty for all kinds of reasons.

If you don't know that, you're ignoring the, I'm sorry, you don't understand the system. Folks, it's absurd what happened to Flynn. This is an outrage. Now, getting back to this. getting back to this, Cleveland brings up another piece, another little issue going on here with the Flynn case in our piece at The Federalist. Where's the darn 302? Now, this is important. After the Flynn interview, after Joe Bianca and Peter Stroke interview Mike Flynn at the White House and conclude he wasn't lying, there is a summary, a 302 it's called, that is written up. How do we know that? Because it's referred to in later paperwork. Excuse me, in August 22nd, 302, written seven months after

the interview that refers back to the original one. Now, the only reason I'm bringing it up is there's some speculation out there because the judge responsible for Flynn's sentencing, Joe, he ordered all, A-L-L, all 302s to be produced. Now, to be crystal clear on this, all 302s were not produced, at least publicly. How do we know this we know this because the august 22nd 22 uh 2017 302 seven months later was produced it refers to an earlier 302 after the january interview of flynn but we don't see that so if sullivan the judge ordered all of them to be produced and yet the release we don't see it. What happened? I bring this up because there's a couple of folks, and I'm not knocking them,

but there are people speculating that Bob Mueller's team may have destroyed it. Folks, for as much as I can't stand Mueller's team and this abhorrent, disgusting witch hunt cover-up job, Margot Cleveland addresses something in the piece that pretty much i think uh knocks that down i don't think the original 302 was destroyed uh if you read her piece i think it's pretty conclusive that it was filed under seal in other words it's out there but was given to the judge under seal as i don't want here's the problem joe and you know this i'm very concerned um about credibility unlike liberals who just lie all the time um i am um you know whenever we say something on the show it doesn't you know it doesn't always go right we try to correct it but i don't want to go down that rabbit hole that

muller's team destroyed this 302 to hide evidence if they did well but you'll all get burned and me too margo cleveland lays out and what she does is she does it she shows the docket number joe and how there's basically missing numbers missing docket numbers showing that it may very well have been produced and is produced under seal now why is this important why does this 302 matter because folks this 302 which i believe nunes has already seen turning it all the way back why he's so concerned about what happened to mike flynn this original 302 written after the original January interview of Mike Flynn, ladies and gentlemen, is probably the Pandora's box of this whole thing. When you open it, all kinds of nonsense is going to come spewing out. That original 302 most likely says that Mike Flynn was not lying.

says that Mike Flynn was not lying. It would make a world of sense why Mueller would be looking to hide it then and file it under seal and wouldn't want anybody to see it. Because then his entire case against Mike Flynn falls apart. But I don't, I want to be clear, I don't believe it was destroyed. And I believe if you read the piece in the Federalist again, you'll see that clearly it was probably produced under seal. But Mueller's clearly looking to hide it. And why, Joe? For the obvious reasons, that was done right after the interview, was written up by the FBI agents who probably clearly, clearly understood Flynn was not lying. It was prosecuted for lying to the FBI anyway. Folks, that number two agent in the room, Joe Bianca, has to talk.

He has to talk at this point. Somebody up on Capitol Hill, I'm begging you. He's got to talk. This Joe Bianca has a story to tell. We can't trust Peter Stroke, obviously. Peter Stroke has shown himself up on Capitol Hill to be not committed to the truth. But Bianca can. He interviewed Mike Flynn. And the biggest question of all, Joe, was he lying or was he not?

And if he was lying, why did you write right after the interview, most likely in that summary of your interview that he wasn't? Why? It's a simple, simple question. All right. I got a lot more to get to. Today's show also brought to you by our buddies at iTarget. The iTarget Pro system is the simplest way out there to improve your proficiency with a firearm. Safety, safety, and proficiency, proficiency. Those are the two things that matter most to be a responsible firearm owner. And improving your proficiency can get tough, can get expensive. You got to go to the range. Sometimes you need a range instructor to show you all the ins and outs. Well, iTarget solves one of those problems. Listen, going to the range is important. You have to live fire. But when you can't, you don't have the time, you don't have the money, or the range is far from you, get the iTarget Pro system and you will solve all of those problems. What is the iTarget Pro system?

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What happened, Dan? Federal judge ruled Obamacare now unconstitutional. You know, we need the skinny. Does this mean Obamacare's gone? Not really. Let's go. First, let's describe what happened. Then we can do kind of a good news, bad news thing.

I think that's the best way to sum this up. So we can give you the nice talking points and tidbits and good body knowledge. So you can argue with your liberal friends because that's what we live to do here. We like. So here's what happened with Obamacare. Obama and his administration, when they got Obamacare pushed through the Congress, in order to pay for Obamacare, they levied a penalty. The penalty was whatever individual responsibility payment. The penalty was a penalty for not doing something. Now, this was a problem for Obama because the United States government under the constitution does not have the power to compel you to do something and fine you if you don't. When it comes to the purchase of products, and as the Supreme Court said

themselves, notably Scalia, God rest his soul, they argue, Joe, if the government can compel you to buy health insurance under the threat of a penalty, I'm being very careful with the language, then, Joe, what's to stop the government from saying, hey, you have to eat broccoli as well, and if you don't go and buy broccoli, we're going to penalize you for that. Well, the government had no answer for that. So we have to be clear on this before we move on. Obama had a constitutional problem with obamacare the penalty they levied for you not buying health care insurance could not be interpreted as a penalty for not doing something because there was no constitutional muster that was going to

pass obama because he was close to a campaign cycle at that point argued notably he argued that on tv in front of george pop uh george stefanopoulos because george papadopoulos talk about a freudian slip he argued on tv that it was not a tax now this gets a little confusing but you got to follow this to understand why obamacare is in a world of trouble obama himself argued in a television interview that the penalty which i just told you is not constitutional the constitution does not allow congress to level penalties for non-compliance with the behavior they mandate buy insurance or we'll penalize you that was never going to pass in the supreme court the supreme court said it themselves. So you may say, well, why would Obama then go on TV

and argue that in fact, you know, it wasn't a tax? In other words, if the only way to get out of this is to claim it's a tax, not a penalty, then why didn't Obama go on television and say, George, this is a tax, like they argued in court? Because it was a loser in the election season. Obama did not want to be on tape talking to George Stephanopoulos, saying, I'm levying a big tax on America.

Are we tracking, folks? Now, this created a problem for Obama, because Obama just argued on television by default that it was a penalty he said to stephanopoulos it's not a tax it's not a tax it's not a tax george a penalty is not constitutional so again liberals never tell the truth don't worry about that part liberals have an issue with the truth so what did they do obama's solicitor general turned around in court and argued that it wasn't a penalty it was a tax now you may be saying oh my gosh dan i don't this is like my head spinning obama on tv said it was a penalty not a tax yes yeah yes true and then told the solicitor general

to go to court and argue the exact opposite that it was in fact a tax not a penalty knowing that it would be entirely unconstitutional if it was a penalty for non-compliance yes that happened that actually happened well in a stroke of genius in the tax reform package the trump team in the republican congress zeroed out the penalty or joe the tax as obama wanted you to believe in court because again it wouldn't be constitutional otherwise zeroed out the penalty yeah in other words if you didn't buy obamacare there was a penalty and it was zero you you dig so the judge the judge who did a brilliant move by the way this judge in response to a lawsuit by a number of states against obamacare who argued well if the tax is zero and provides

no funding mechanism for this mandate then the whole law is apparently unconstitutional because it's not a tax because it's zero so the judge said it can't exist the democrats themselves had argued on tape that the individual mandate tax they argued in court was necessary for the law to exist now that the tax is zero there's no other way to argue it there's no tax therefore there's no law that's the good news that's what happened all right the good news is it was deemed unconstitutional the bad news is nothing is going to happen to the law while it's on appeal and the democrats are already on track to appeal this thing they will probably appeal it to the Fifth Circuit. It will likely go back to the Supreme Court. Now, so good news, unconstitutional. Bad news, still in effect, going to make its way through the courts,

will probably take a while, maybe upwards of six months to a year. The bad news, it'll probably wind up back in the Supreme Court. Back to the good news. The good news is, the supreme court it is highly unlikely i don't i don't trust john roberts i'm sorry folks at all i i don't he has clearly abandoned conservative principles in a number of respects uh even though he's appointed by george yeah exactly you're not alone man you're not remember it was john roberts i left that part out who in the obamacare lawsuit where where it was deemed constitutional it was john roberts who rewrote it essentially and said no no the penalty is a tax because remember if it's called a penalty it's unconstitutional all right obama said it was a penalty on tv argued in court it was a tax

john roberts in one of the most bizarre decisions i've ever heard agrees with them it's a tax you tracking because now what's the problem when it goes back to the supreme court and the tax is zero it's not a tax at all a tax of zero is a non-tax so if john roberts just argued that we should save the law because I rewrote it as a tax and the tax is zero, he can't then go back and argue. Now we should save the law again without entirely humiliating himself. So it's still in effect. It's making its way through the courts, but Roberts has painted himself in a corner to save his credibility, Joe. They're going to have to scrap this thing or or or he just doesn't care i mean listen let me be clear i'm not predicting anything john roberts

may be entirely willing to throw his credibility out the window i'm just saying he cannot rule for this thing to continue to exist at a zero tax without making his old decision look ridiculous that we you know the tax in it the tax that was necessary for the maintenance of the law therefore it's a tax he is in a world of trouble now just to quote i have a good washington examiner piece up at the website today uh uh and the show notes i'd like you to read if you get a second it's really short but it explains this in a nutshell here's a quote by the judge who ruled against Obamacare in the case. Quote, Congress stated many times unequivocally, Joe, through enacted texts signed by the president that the individual mandate is, quote, essential to the Affordable Care Act.

Goes on. And this essentiality, the Affordable Care Act text makes clear, means the mandate must work together with other provisions for the act to function as intended. In other words, what happened, ladies and gents? Simple. Simple, simple, simple. Congress themselves has argued that this thing must work together with the tax component of it to work. Congress that signed the law, the president that argued for it, Obama. Now that the tax is, in fact, zero, they are going to have absolutely nowhere to run with this. Yeppers, big trouble, big trouble for the Democrats.

OK, hey, one quick note. Paula just texted me. The big winner from Friday, we had our final meme winner for the Dan Bongino meme show contest. Steve M. Steve M. is the meme winner that the audience voted at the website at Bongino.com.

We will add all the winners to the website at Bongino.com. You can check out the memes. Some of them are really funny. Many of them involve really funny many of them involve producer joe so that's siri again i thought i heard something siri that activates on my phone it's fine yeah that was that beat all right uh let's get this uh final one today and then i will get to a couple more stories final ed we love brickhouse nutrition brickhouse has been one of my original sponsors one of my favorite products i I actually just took a nice dose of it. Matter of fact, is Foundation. It's available at

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Oh, this was another. Debunking liberal lies. You know, that's what I do. We have the Own the Libs t-shirt up at the website now, too. This one's selling like crazy. People love to own the Libs. Owning the Libs is easy, though, because the Libbs own themselves they're actually great it's cell phones uh not self cell phones self owns they are good at that what joe one of the topics you and i have been on

forever has been this net neutrality thing yeah it drives the audience crazy i always get emails pro and it's amazing how many conservatives and lovers of liberty and people who are skeptical skeptical excuse me the government have been welcoming to net neutrality well the government's got to regulate this the internet if it doesn't the internet's going to collapse and i i kept saying to folks listen this is all nonsense it's scare tactics the government should have nothing to do with the internet everything the government touches it destroys it is a forest fire it burned down the student loan industry and everything it touches it destroys the government it is a disaster

do that the net neutrality provisions were a nightmare now that it's complicated but to sum it up the idea was on net neutrality where they phrased, you know, a bit is a bit is a bit and all information should be treated equally. And the ISPs, Internet Service Providers, shouldn't be allowed to, quote, discriminate. They use that word deliberately based on content. Ladies and gentlemen, that is not what was happening. There were pricing models being developed to deliver the Internet more effectively that liberals just didn't like they just didn't like it there were plans like zero rating plans zero rating plans show where other companies that provided digital content working with isps to charge you nothing for downloading their data nothing the net neutrality supporters wanted those guys. Think about it.

There were companies like, let's say, whatever, Disney, that wanted to provide Disney content to AT&T subscribers. There were companies like that, content providers, working with companies like that who said, you know what, AT&T, we're going to work with you because we want people to watch our stuff, where if they watch it on your platform, we'll subsidize the data. It was called zero rating, meaning you, listen to me, you wouldn't pay for it. Someone else would.

Net neutrality supporters went after that. They were like, no, no, no, no, we can't have that. Zero rating. This is discrimination. Folks, if you believe that, I'm sorry, but you don't understand basic economics. Saying pricing models are discriminatory. Now, listen, some of them can. I'll give you an obvious example.

If I say to Joe, if you happen to be Hispanic or Asian and you come in my shop, I'm going to charge you more. That is clearly against the law. A hundred percent. That is a discriminatory price model, not based on anything sane or rational. It's clearly racist. And based on the civil rights act and things that that would be clearly illegal. A pricing model based on consumption of data is not illegal and should never be illegal. It would be the equivalent of suggesting that charging someone extra for a first class ticket. Joe, discrimination, discrimination. Why is it discrimination? The guy in first class is consuming more resources on the plane.

What are those resources, Joe? Leg room. What are you playing for on a plane? Space, right? More room? What are you playing for on a plane? Space, right? More seats, more revenue. First class has less seats. And how do they compensate for the revenue? They charge more.

You're consuming more time. There's typically one dedicated flight attendant in first class who only is helping out, say, I don't know, five or ten people on a smaller plane. There's probably one for every 15 people in the back. You are consuming more resources, just like people online who are big data hogs are consuming more data. It is not discrimination to ask people to pay a market price for resources. Don't be an economic buffoon. That's not discrimination first class passengers take up more space take up more time and get more expensive meals they get better headphones and blankets too that costs more this is common sense so what happened why am i bringing up the net neutrality debate again another interesting

article in the show notes today by breitbart. I'm trying to spread the wealth around on my list, get these conservative... I don't just use my own website, folks. I try to spread the wealth around. Breitbart has a great story. Net neutrality was canned in 2017. It was implemented in short in 2015. The Obama administration got it going. In 2017 2017 Ajit Pai and the FCC in conjunction with the Trump administration scrapped net neutrality what did the liberals tell us Joe? Oh discrimination man

forget it it's over the internet there's even a headline running around on Twitter it's funny CNN this is the end of the internet it's over it's over Johnny it's over it's done finished well study came out over the weekend with which Ajit Pai It's over. It's over, Johnny. It's over. It's done. Finished. Well, a study came out over the weekend, which Ajit Pai has been putting around on his Twitter account, and other people have as well.

Ookla, O-O-K-L-A, apparently is some company that analyzes data speeds. Remember, after net neutrality was scrapped and companies could discriminate, which was nonsense. Oh, yeah. It was over. We're all going to be throttled, Joe, right? Everyone. Where will I look at my pictures? Oh, oh.

He don't know. He didn't even know. He didn't know how to get it. Saul's confused. He doesn't know how he's going to. He has no idea how he's going to see his pictures, how he's going to get his Netflix. Saul has no idea. Well, what happened?

According to this UCLA study, download speeds have increased 35.8%. Wait, wait, wait. I clearly read that wrong. That piece clearly meant decrease. No, no, it didn't. Download speeds are up 35.8%. Liberals, I'm just asking you a simple question. Again, to the liberal in the shop,

to the real conservative patriot who's got my show on, I love you to death, brother. Thank you. The best. To the liberal listening, I'm just asking you a simple question. You wanted the government to control the internet, to combat, dreaded air quotes here,

discrimination, which was not discrimination. It was simple market pricing. You wanted the government to do that. You used every scare tactic in the world. If we get rid of net neutrality, prices are going to go through the roof. The internet's going to collapse. Everyone's going to be throttled. No one's going to be able to.

Saul can't download his pictures or whatever the hell else Saul's download. We don't even want to know, right? So poor Saul. Do you understand the opposite happened? The opposite happened. You happened you get that right download speeds are up 35.8 percent oh clearly upload speeds were down no no those were up 22 percent uploads downloads both up double digits in other words you were lying again you're you're you your apocalyptic nonsense about how the government if they didn't get involved everything was going to collapse was a straight up lie

can you just admit you made this whole thing up that did not happen and i'm i say this with all due respect and i mean that to the republicans who emailed me and always do about net neutrality i read your emails you are some of you are very very bright they've sent me all kinds of stuff i learn a lot from your emails i just ask again with all due respect how who's the republicans who supported net neutrality, I was always astonished by. Again, how do you explain this? We warned very simply, if net neutrality went into effect and government started to regulate the internet, that like when the government regulates anything else in a similar fashion,

investment typically decreases because no one wants to deal with government regulations. Net neutrality went into effect broadband investment went down net neutrality scrapped internet speeds go up i'm just asking you i read your emails i like i enjoy your feedback i'm not trying to upset you i'm glad you're here on my show but i'm asking just a basic simple question how do you explain away the fact that that was all wrong it was wrong the predictions were wrong the apocalyptic predictions were wrong there have been no mass claims of throttling of course it's going to be individual stuff that always happens there have been no mass claims of mass content discrimination not with the isp ironically the only content discrimination has been social mediap ironically the only content discrimination

has been social media companies kicking conservatives off of their platforms and patreon deplatforming people as i talked about in the beginning of the show but that has nothing to do with net neutrality that was about a bit is a bit is a bit a bit is a bit is not a bit a seat on a plane is not a seat is not a seat. A seat in the bathroom in the jump seat is not the same as a first class seat. Stop saying that. A bit is not a bit is not a bit. Not when you're downloading 10 quadrillion bits a month because you're watching 72 Netflix movies a day.

It was wrong. The prediction was wrong all right uh last story joe was kind enough to pull this uh just disastrous glint by a democrat up in the senate jeff merkeley i mean this is just a disgrace folks do you understand that these people these radical far leftists um they just can't stand this country and even worse they can't stand the fact that you can stand the country it drives them crazy no i'm serious like if you don't hate the country with them they are absolutely committed to this critical theory stuff that the white male patriarchy is running everything and the white male patriarchy is symbolic of the imperialist united states and

unless we can get another generation to hate the united states our radical far-left ideology is going to die on the vine so they continue every day to politicize horrifying incidents horrifying incidents politicizing just grotesquely tragic incidents to get you to hate the united states here's je Merkley talking about a facility where children brought across the border illegally in violation, in clear violation of U.S. law. Here's him talking about what happens at these facilities. Listen to his characterization, how horrible and disgusting this is. Don't call them anything other than child prisons or internment camps. That's what's going on here. And we're told that there are children who have been here three, four, five, even six months long.

And the trauma is being inflicted as part of a political strategy. To hurt children deliberately as part of a political strategy, we need to have everyone in Congress and in America rise up and say, this is wrong, it has to end rise up and say, this is wrong. It has to end. Boy. Ladies and gentlemen, this is a sick man. Dude.

Right? Joe sent me this morning. He said, you got to listen to this. This is a troubled man. Are you with a straight face, Jeff Merkley, with a straight, somber, sober face? Are you suggesting the United States is deliberately looking to hurt children like you said at the end by putting them in internment camps folks this man should be immediately voted out of office i don't know when his his term in the senate is up but voting for this this is a

sick troubled human being suggesting that the patriotic citizens of the united states we have been the most generous country on earth with foreign aid, with immigration. We took in millions and millions of people for years. This is a United States Senator suggesting that the people of this country through their government are intentionally hurting children by putting them in the equivalent of internment camps. And he's,

and he's offended if you call them anything else do you hear him joe these should not be called anything other than child prisons and internment camps listen to me once we all get past this nonsense where we're putting lipstick on all this stuff and greasing each other up and we get to the hard truth. It is time to accept this one simple fact with the radical left, not all Democrats, but the radical left. Ladies and gentlemen, let's stop the nonsense. These people hate the country. They can't stand the country, the patriots who support it, the taxpayer base that support it. They think you are people who hurt kids, who deliberately intern kids in internment camps. I don't have to make that up. I just used his soundbite. It's not mine. We didn't edit it selectively. That's his soundbite, insistent that you should call

these things internment camps and that we're deliberately hurting kids. These people hate the United States of America. They are committed to a radical far left big government ideology. But in order to dismantle the system we have now, they must lie to you and insist that this system is exists in a moral vacuum where people hate kids, intern kids in internment camps so that you will in turn dedicate your life to testifying against the United States system. This is unbelievable. Those are his words. This is some of the sickest, most deranged stuff I have ever heard. But this is the radical far left. Ladies and gentlemen, the party of John F. Kennedy and Harry Truman, the Democrat Party of Truman and Kennedy is done. It's dead.

Kiss it goodbye. Those people are now moderate Republicans. This is your new Democrat Party. Absolutely abhorrent. Disgusting. All right, folks. Thanks again for tuning in. Sorry I had to leave you with that one, but that is worth highlighting.

If you're in Oregon, you should send a nicely. Of course, that's what we do. We're not the Antifa like the left. A nicely worded email that he will be losing your support uh from now on because he consists that the united states is uh deliberately hurting kids and that you are a citizen of the united states and you do not support that and he is in fact a liar i appreciate you tuning in please subscribe to the show it is the subscriptions to the show that drive us up all the top charts we appreciate it we've been in the top 50 podcasts, news and politics seemingly forever now, thanks to you. The subscriptions are free. Just go to iTunes. If you have an Apple device, click the subscribe

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