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Speaker 1: What's going on? Thank you so much for listening to

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this podcast. It is heard live every day from noon

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to three on WBT Radio and Charlotte. And if you

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go to dpeakclendershow dot com. Make sure you hit the

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subscribe button. Get every episode for free, write to your

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smartphone or tablet, and again, thank you so much for

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your support. Yes, I did see Elmo's posts on Twitter's

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Yeah first Kanye, Now Elmo really like Okay, I'll explain later.

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I want to start with this story out of the

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New York Times, which I'm not really sure. Well, okay,

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I think that this was done as a damage control

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operation by Biden World. They gave the New York Times.

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This is my complete speculation, but it seems like they

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gave the New York Times access to some of the

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emails that got turned over as part of the various

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investigations into Joe Biden's cognitive decline and whether or not

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he was actually, you know, of sound mind when he

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was signing off on all of these pardons and commutations

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in the final hours of his presidency, and so I

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think it started off as a way to like get

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ahead of the story, damage control, put our spin on things.

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But I'm not so sure it's actually going to serve

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that purpose. So I've read the New York Times article.

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I've got the highlights of it, and I think it'll

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become clear why I am betting, but not really betting,

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because I'm not betting on this, but why. I think

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that this came from the New York came from Biden

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World to the New York Times. So, first off, Biden

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gave an interview to the New York Times. It was

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over the phone. It was only like ten minutes or so,

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And it's my understanding that this was the first New

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York Times interview that Joe Biden gave, like since he

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became president, he never sat for an interview with the Times.

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Number one, number two. The Archives turned over all of

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these emails to the Congressional committee that's investigating and I

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think maybe DOJ and they got tens of thousands of emails,

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but The New York Times only got about a couple dozen.

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So how would that happen? Right? So they obviously did

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not get it all from the Congressional Committee, and if

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Biden sits for the interview with the Times. To me,

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it's pretty clear that they gave The New York Times

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Times a couple a dozen emails in order to advance

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this narrative that Joe Biden personally approved of every pardon

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and commutation that was issued in the waning days of

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his presidency. However, some of the emails don't actually prove that.

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So that's the slight problem, which, yeah, we'll get to

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it here. This is the piece of The New York

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Times by Charlie Savage and Tyler Pager. Former President Joseph R.

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Biden Junior is escalating his battle against Republican claims that

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he might not have been in control of high profile

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clemency decisions issued under his name at the end of

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his first term, and more generally, that his cognitive state

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impaired his functioning in office. In an interview with The

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New York Times, mister Biden said he had orally granted

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all the pardons and commutations issued at the end of

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his term, so he said, he spoke it into existence.

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I approve all of these. Keep that point in mind.

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He claims in this interview that he orally agreed or

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granted all the pardons and commutations, and he called Trump

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and other Republicans' liars for claiming that his aides had

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used an auto pen to do so without his authorization.

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That paragraph, second paragraph of the piece. I'm going to

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come back to it, because that's the central claim from Biden.

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Joe Biden said, quote look, Jack, which means I made

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every decision. He says, I made every decision, asserting that

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he had his staff use an autopen that replicates his signature.

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He says they only did that because we're talking about

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a whole lot of people. Yeah, there were thousands, thousands

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of pardons and commutations granted. There are parallel investigations run

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by the Trump White House and the Justice Department and Congress.

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Republicans in Congress have demanded sworn interviews with former Biden aids,

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prompting them to hire their own lawyers. More about that later.

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Mister Biden's former White House doctor, who said his medical

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evaluations showed Joe Biden fit as a fiddle, he invoked

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the Fifth Amendment when he was called to answer questions.

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He refused. His lawyer cited the pending Justice Department inquiry

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and the risk of being ensnared in ambiguous circumstances. What

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does that mean? Perjury traps? You know the kind that

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the Obama and Biden doj ran against Republicans. Perjury traps.

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You get somebody to give you some information. Maybe they

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don't even realize they're being interviewed as part of some probe,

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like General Mike Flynn, and the next thing you know,

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you're getting slapped with making false statements to you know,

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FBI agents because you didn't remember something or you said

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something that was incorrect, but you didn't realize you were

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being interviewed as part of some sort of a criminal probe.

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So tens of thousands of Biden White House emails were

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turned over by the National Archives turned over as part

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of the investigations. The Times reviewed several dozen. Don't know

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how many several, so like a couple would be two dozen,

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But do people actually say a couple dozen? I guess

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maybe a few dozen. I feel like that would be

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like three dozen. I think when you're at several dozen,

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I think you're in the four or five. So maybe

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they looked at about sixty or so emails, because if

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it was more than one hundred, they would have said

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more than one hundred. If it was hundreds, they would

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have set hundreds. So I got to think it's like

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sixty to seventy or so out of tens of thousands.

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So what does that tell me that these emails were curated? Right?

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These emails were curated out of the tens of thousands,

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and they were given to the New York Times in

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order to direct their coverage. Now, the Times does point

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out they have not seen the full extent of the emails,

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so it is impossible to capture the totality of information

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they contain, or what else they might show about mister

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Biden's involvement in the pardon and clemency decisions. But the

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Biden White House says it had a process to establish

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that mister Biden had orally made decisions in meetings before

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the staff secretary, a woman named Stephanie Feldman. She managed

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the use of the auto pen, and that would have

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covered the clemency records that would have gone through the

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signing device. Okay, so he says, yes, do it, and

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then they write up these little blurbs they called them.

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But it all starts with Joe Biden giving oral approval

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and then staff scurries around and issues the pardons. Okay,

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this is the premise of the narrative that they are advancing.

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All right, if you're listening to this show, you know

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I try to keep up with all sorts of current events,

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and I know you do too. And you've probably heard

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me say get your news from multiple sources. Why Well,

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because it's how you detect media bias, which is why

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and verify information. You can check it out at check

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clearly how stories get covered and by whom. The blind

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left and the right. See for yourself. Check dot ground,

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I do have a message from a seven oh four number,

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so glad you are back. Well, thank you. I am

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glad to be back and let me see here. That's

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events from the last thing. But then there was another

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message for yes, January sixth was a sweeping part in

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not individually correct. That is correct, and that is what

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the Biden world people. The Biden people are making the

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argument that they are or they did these mass pardons

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based on like a criteria. That's what Donald Trump did.

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He said, you know, all j sixers. In fact, that's

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what Jimmy Carter did when he gave pardons for all

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of the draft Dodgers. It's like half a million of them.

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But that's a class of people. That's a criteria based

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pardon system. That's not exactly what happened with Biden though. Okay,

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so the New York Times piece talks about how the

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debate performance June twenty twenty four, everybody realizes what we

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realized years ago is that Joe Biden is having some

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cognitive issues. Blank stares, mouth a gape, seemingly confused. Not

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able to string together sentences, trails off in the middle

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of words like that stuff occurring for years, And then

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The Newyor Times writes this age related cognitive decline is

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a spectrum. Oh so it's like gender. At one end,

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many older people become more prone to blanking on names

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or losing their train of thought when speaking at length,

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but remain able to process information and make reasoned decisions.

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And at the other end of the spectrum, some develop

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profound dementia. Thank you for that update there. Maybe you

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guys could have explored where Joe Biden was on that

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spectrum sometime before, like a minute ago. That might have

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been helpful. Republicans are positing an extreme version, claiming mister

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Biden was incapacitated. They are speculating that his staff conspired

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to use the auto pen to make presidential decisions in

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his name. Yes, you see, that's why they need to

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interview the people to find out if they were in

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fact doing that. Yes, because there is evidence to suggest

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that that did occur. When Joe Biden blanks on orders

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that he issued and doesn't know that he signed things

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earlier in his term, did he just forget at that

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moment or did he actually not know that he signed

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this thing because he didn't sign it. Maybe that's possible.

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You also have the book Original Sin Jake Tapper and

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Alex Thompson and how they describe this, you know, core

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group of aids and advisors and family members that had,

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you know, formed this protective bubble around Joe Biden to

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the point where his own cabinet officials couldn't get meetings

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with him, couldn't see him. So is it possible that

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they were running the show? Well, Tapper and Thompson said, yeah.

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They called them the polyp Bureau. At the end of

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his term, Biden reduced the sentences of nearly four thousand

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federal convicts and preemptively pardoned politically prominent people that he

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considered potential targets of mister Trump. Biden said in Thursday's

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interview that he had his staff use an autopen for

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the warrants because he had granted clemency to so many people.

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The autopen was used in all on twenty five pardon

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and clemency warrants from December through January. Okay, but the

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warrants had many people listed. Some of the individual warrants

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included large batches of names because they all fell into

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a broad category, a same policy category, like reducing the

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sentences of nonviolent drug offenders who met standards that Biden established.

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See this is now now they're giving some detail here

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about this the structure of the criteria that Biden orally says, yes,

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do this, and then you've got the staff filling up

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the you know, the kitty or the hopper of all

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of the names that meet this criteria. But there was

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a problem. It was the Bureau of Prisons, I believe

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where they kept here. Yeah, here it is. This is

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later on this like halfway through this article. Even after

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mister Biden made that decision, which was that he did

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not individually approve each name for the categorical pardons that

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applied to large numbers of people. Rather, after extensive discussion

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of different possible criteria, he signed off on the standards

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he wanted to be used to determine which convicts would

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qualify for a reduction in sentence. Even after mister Biden

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made that decision, one former aide said, the Bureau of

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Prisons kept providing additional information about specific inmates, resulting in

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small changes to the list, rather than ask mister Biden

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to keep signing revised versions. His staff waited and then

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ran the final version through the auto pen, which they

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saw as a routine procedure. So what's happening there. He's like,

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give you the criteria. Joe Biden gives the criteria, and

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then the staff tells the Bureau of Prisons find out

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everybody that meets this criteria, and they draft the warrants,

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and then the Bureau of Prison comes back, Oh, we

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found some more. Oh we're gonna make some changes. Oh

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we're gonna do this. Oh we're gonna do that. And

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then after the Bureau of Prisons was done, that's when

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they were like, okay, sign off on all of it.

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And they thought that was routine. That's a routine procedure.

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So it never went back to him for final approval. Okay.

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So maybe he's going to say, well, you know, I

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gave oral approval. I said this is the category I want,

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and so it doesn't matter that they never came back

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to me for the final approval before the auto pen. Okay.

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So that's one issue. And again this is only based

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off of fifty sixty seventy emails that The New York

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Times was given along with their first ever interview of

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Joe Biden for ten minutes over the phone, where he

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basically gave them four sentences as soundbites. And that's it.

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That's all that's in this piece. This screams to me,

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Biden World pr damage control. They gave the Times the story,

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they gave the Times the new or the emails, and

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then they gave them an interview in order to try

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to manage the fallout that is occurring off of this

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auto pen story. But that's not even the worst one.

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The worst one is about Fauci's pardon. Here's a great idea.

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and make memories that'll last a lifetime. The New York

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Times article this came out yesterday. Biden says he made

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the clemency decisions recorded with auto pen Again. I believe

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that this is the Biden world. People that are doing

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damage control. He gave a ten minute interview to The

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New York Times, which requested it as part of its

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reporting on the investigations. Mister Biden said he shielded people

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with the pardons, the preemptive pardons, guys like Mark Milly

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Anthony Fauci right along with members of his family, so

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they would not have to run up large legal bills

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from politically motivated investigations by the Trump Justice Department, which

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is like ultimate projection. Right now, you're concerned about the

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weaponization of the Department of Justice against political enemies. Oh,

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that's interesting. I wonder where Trump would have gotten that idea.

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So then there is this on the during the final

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days of the Biden presidency October thirtieth, reviewed by The

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Time show that Biden's White House counsel, a guy by

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the name of Ed Siskel, notified senior staff to expect

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a flood of lobbying for clemency grants at the administration's end,

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because this is when you do it, when there's no

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political price to pay for getting people, you know, free

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and clear of their convictions in a court of law.

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And so Ciskell tells everybody, Hey, expect this, and here's

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the process for an orderly review. The final step, he wrote,

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quote the president makes the final decision on the final

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pardon end or commutation slate. So if you got a

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bunch of names. That's the final step, and then over

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the next three months, mister Biden made four major sets

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of clemency actions that were recorded with the auto pen.

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The emails reviewed by The Times included discussions about all

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four batches or tranches they use the term. Also, three

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of the four batches applied to broad categories people. He

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reduced the sentences of inmates sent to home confinement during

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the pandemic, as well as certain nonviolent drug offenses, and

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he turned the death sentences of thirty seven of the

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forty federal inmates on death row. He turned him into

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life without parole thirty seven out of forty. The fourth

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set was announced on Biden's last day. They included the

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preemptive pardons for members of his own family and various

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people who have drawn mister Trump's ire. The emails reflect

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White House activities surrounding each of those trunches, including the

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dates of the meetings at which White House officials indicate

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Biden made decisions and the names of the senior aides

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who were in attendance. They also show that the use

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of the auto pen was managed by Biden's White House

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staff secretary MS Feldman. She wanted to receive written accounts

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confirming Biden's oral instructions in the meetings before having it

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used to produce the warrants that would record the clemency actions.

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So she's asking, I need something in writing that Biden

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agreed to this, because I guess she's not there. She

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was not in the room. She did not get the

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oral consent. The AIDS referred to those written accounts of

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meetings at which Biden delivered oral decisions as blurbs. Okay,

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so staff is writing these blurbs. You see the problem here, right,

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What if staff is just writing the blurbs and not

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actually getting any kind of oral consent from Joe. The

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accounts were drafted by AIDS to the senior advisors who

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had participated in key meetings. Oh wait, it's even worse.

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There's another layer there. It's not even the people that

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are in the meetings. It's the staff of those people

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in the meetings. They're writing the blurbs, giving them to Feldman,

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and then Feldman's doing the autopen. The assistants who drafted

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the blurbs were not themselves in the room with Biden.

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The emails implied the mister Ciskell and Jeffrey Zience relayed

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what Biden had said to the assistants, who then documented it.

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So he got these two guys. The assistants circulated the

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drafts back to Ciskell and Science and other meeting participants,

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and then they would send the final versions to Feldman

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and she would sign the autopen. Biden did not individually

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approve each name for the big categories, right, the categorical pardons,

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like all of the death row people. He said that

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because that applied to really large groups of people. Rather,

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after extensive discussion of different possible criteria, he signed off

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on the standards that he wanted to be used to

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determine which convicts would qualify for a reduction and sentence.

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Even after he made that to decision, though Bureau of

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Prisons kept giving him additional information about specific inmates, the

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list kept changing. I already went over that, and they

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would just auto pennant after it was all revised. Biden

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completed the list of high profile clemency decisions over two meetings.

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Then this is the fourth group, one meeting January eighteenth,

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including Zience and Siskel, and another aid Bruce Reid. And

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then that was the eighteenth January eighteenth, so two days

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before he's leaving office. Right the next day, the nineteenth,

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there's another meeting his final night as president. Siskell read

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and three other aids Anthony Bernall that was Jill Biden's

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chief of staff, Steve Richetti, and Annie Thomasini. These were

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the Pollit Bureau people identified in the book. The emails

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showed that mister Biden added the preemptive pardons for his

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family at the January nineteenth meeting, took place at the

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Yellow Oval Room of the White House Residents. Biden kept

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his aids until nearly ten percent ten pm. Rather, I

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don't know, I said percent ten pm. Okay, this is

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now sounding alarms for me, because Joe Biden didn't do

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anything except fail at debate performances after nine pm. But

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where to believe he was in this meeting until ten

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pm to talk through all of the decisions. The emails

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show that an aid to Siskel sent a draft summary

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of Biden's decisions at that meeting, So again, not somebody

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in the room, Siskel in the room. Ciskell has his

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assistant draft up the blurb. Right then that blurb gets

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sent to Sience and Ciskel at ten oh three pm.

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The assistant forwards it to Read and Science asking for

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their approval, and then sent a final version to Feldman,

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copying many meeting participants and aids that went at ten

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twenty eight minutes later, Science hit reply all and said, quote,

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I approve the use of the autopen for the execution

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of all of the following pardons. I don't think that

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you're allowed to do that. You approve that, wouldn't that

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have to be Joe Biden? This is this does not

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look good to me. You've got people writing up synopsies

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of what was discussed in a meeting that they weren't in.

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You've got another layer sending it to the autopen keyholder there,

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and she's just relying on the blurbs. She's just doing

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it because you've told her Joe Biden said she should

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do it. But there isn't any actual proof that he

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did tell her to do that, that he could consent.

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And then of course there's the question of whether he

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could consent if he's not in a cognitive state eight

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to consent to understand what he's doing. That's another component.

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who you are. Visit creativideo dot com. So there's a

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00:27:10,480 --> 00:27:14,160
piece over at twitchy dot com by Aaron Walker. He

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00:27:14,200 --> 00:27:16,160
says he lays out a couple of things regarding the

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legality of this issue. He says, first, only the president

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00:27:22,599 --> 00:27:26,240
can issue to issue a federal pardon, that's a duty

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00:27:26,240 --> 00:27:31,400
that he cannot delegate. Secondly, an auto pen can be

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used to do any act that requires the president's signature,

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but only if the President consents to his signature being

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placed on the document. Third if that consent was not given,

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00:27:45,079 --> 00:27:48,920
then as a matter of constitutional law, no pardon was

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00:27:48,960 --> 00:27:56,480
actually issued. That's gonna be the rub. So if Trump

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declares one of Biden's pardons to be null and void

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00:27:59,359 --> 00:28:02,519
for that reason, and he isn't revoking the pardon, he's

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00:28:02,519 --> 00:28:05,519
saying none was issued in the first place. And for

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the record, no president can revoke a pardon once properly issued.

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Another point, no pardon could issue without Biden's consent. The

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00:28:17,720 --> 00:28:20,640
issue isn't just the use of the auto pen. The

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00:28:20,680 --> 00:28:24,599
issue is consent, and we are wondering if he really

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00:28:24,680 --> 00:28:30,200
gave his consent. The line about final approval by Jeffrey Zeinz,

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00:28:30,279 --> 00:28:34,640
that line suggests they knew they needed his consent, But

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00:28:34,720 --> 00:28:40,440
did they actually follow that procedure. That's the question, particularly

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on the pardons that were done the very last day,

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in literally the ninth or the well the I don't

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00:28:48,960 --> 00:28:50,519
know why they call it the eleventh hour. I guess

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00:28:50,519 --> 00:28:52,119
it was the ninth hour and the tenth hour of

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his presidency. He's about to leave, he's got less than

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00:28:55,799 --> 00:28:58,559
he's got like fifteen hours left on his presidency, and

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00:28:58,640 --> 00:29:07,519
they do this whole ram of preemptive pardons. What else here?

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00:29:07,839 --> 00:29:09,920
So on Jeffrey seines when he hit the reply, all

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00:29:10,000 --> 00:29:13,480
I approved the use of the auto pen. So apparently

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00:29:13,519 --> 00:29:16,839
he says it was not Joe Biden giving final approval

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00:29:17,039 --> 00:29:22,000
as they said originally. Apparently it was sience that was

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00:29:22,039 --> 00:29:25,440
approving this to the staff. He also has to have

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00:29:25,519 --> 00:29:29,839
the legal capacity to consent. Joe Biden does. So if

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00:29:29,880 --> 00:29:33,519
Trump wanted to render the pardon a nullity, they would

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00:29:33,559 --> 00:29:35,480
have to show that when Joe Biden put pen to

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00:29:35,519 --> 00:29:39,000
paper he lacked the legal capacity to consent due to

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his cognitive decline. We're not saying that is definitely the case.

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The author of the piece acknowledges that he does not know,

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only that this is likely the only way the Trump

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00:29:51,039 --> 00:29:56,279
administration can undermine the Hunter Biden pardon. As for the

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00:29:56,319 --> 00:30:01,160
categorical groups, it's more complicated. Presidents can and do issue

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categorical pardons. I mentioned Jimmy Carter, he did like half

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00:30:05,880 --> 00:30:11,279
a million for the Draft Dodgers, and so Biden doing

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categorical pardons would have been fine, but instead the Biden

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00:30:16,880 --> 00:30:23,079
administration didn't pardon categories. They pardoned specific people that allegedly

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met Biden's criteria. So he commutes the sentence for a

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00:30:28,319 --> 00:30:31,119
long list of people. But by the New York Times

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00:30:31,160 --> 00:30:34,839
is reporting here, Biden didn't seem to approve of who

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was actually on the list. He just said, here's my criteria.

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00:30:40,640 --> 00:30:42,559
They then put a bunch of people on the list.

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00:30:45,079 --> 00:30:53,240
That's problematic. Mike Bens he is the host of Well,

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00:30:53,240 --> 00:30:57,799
He's a former State Department cyber guy, executive director of

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00:30:58,039 --> 00:31:04,880
FFO Freedom, and he does a podcast as well, and

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00:31:04,920 --> 00:31:08,200
he points out that Jeffrey Zeinz, the guy who signed

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00:31:08,200 --> 00:31:11,599
off and said I approved the autopen for this Fauci pardon,

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00:31:13,720 --> 00:31:18,680
he was the main social media censorship coordinator in the

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00:31:18,720 --> 00:31:21,279
White House, using the power of the White House to

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00:31:21,400 --> 00:31:24,960
threaten big tech companies if they did not censor US

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00:31:25,079 --> 00:31:34,400
citizens who questioned the Biden administration's COVID policies. And Ben's

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00:31:34,519 --> 00:31:37,279
goes on to say that Fauci was pardoned by the

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00:31:37,319 --> 00:31:45,000
White House COVID nineteen coordinator who coincidentally apparently made tens

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00:31:45,000 --> 00:31:48,559
of millions of dollars off financial bets exploiting federal government

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00:31:48,559 --> 00:31:53,599
healthcare policies. But I'm sure there's nothing to see here.

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00:31:54,759 --> 00:31:58,359
Sean Davis at The Federalist says there's no direct contemporaneous

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00:31:58,400 --> 00:32:01,839
evidence that Biden authorized any of the last minute autopen

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00:32:01,960 --> 00:32:05,160
pardons all. The New York Times provides his claims from

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00:32:05,240 --> 00:32:08,359
staff that he totally said the autopen was okay and

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00:32:08,400 --> 00:32:14,480
stuff totally fine, everybody, It's all totally fine. All right.

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That'll do it for this episode. Thank you so much

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for listening. I could not do the show without your

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support and the support of the businesses that advertise on

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the podcast, so if you'd like, please support them too

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and tell them you heard it here. You can also

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become a patron at my Patreon page or go to

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00:32:29,039 --> 00:32:32,759
dpetecleanershow dot com. Again, thank you so much for listening,

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and don't break anything while I'm gone.