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Ben Shapiro (0:30)
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Ben Shapiro (1:29)
Democrats claiming that Secretary of War Pete Hegseth committed a war crime. What's their strategy? What are they doing? And is Senator Mark Kelly of Arizona going to be the Democratic nominee for president? He sure seems to be trying it. Plus a gigantic special election in Tennessee's Congressional District 7. Why is that one even close? We'll get to all of it first. Cyber Week means our best deal of the year. DailyWear plus is 50 off right now. Go to DailyWear.com subscribe well, folks, Democrats have hit upon a two pronged strategy for 2028. One of them is to make members of the military very uncomfortable about following their orders. Apparently, they believe that this will somehow create unrest, chaos. I don't know how else to explain why Democrats are now suddenly coming out of the woodwork to suggest that a bunch of illegal orders are being issued from the Trump administration that members of the military must now consider. Remember when Democrats, people like Senator Mark Kelly or Senator Alyssa Slotkin from Michigan, when they come out and they say to soldiers, to airmen, to members of the Navy, when they say to these people, if you guys follow an illegal order, you will be punished. But then they don't define illegal order. What they are doing is creating a catch 22. Because if people follow their orders, well, then they're protected in the moment. But down the road, some Democrat may be elected and declare that actually retroactively those orders were illegal and, and members of the military should not have obeyed them. And if right now they decide, you know what I think that order is illegal, I'm not following it, they could end up court martialed. So It's a catch 22 for members of the military. That is why it is so negative. What Democrats are doing without specifying the actual orders they believe are illegal and that ought to be disobeyed. So that is prong one in the Democratic strategy is a sort of chaos strategy with regards to military orders. Prong number two is setting up a an entire slate of possible Democratic nominees who appear to be moderate. And this is really interesting. So one of the big questions in the aftermath of President Trump winning his second term was will Democrats shift over to the Zoran Mandani left or are they going to move toward a more moderate middle? Are they going to jettison much of their culture war baggage? Are they going to start talking about trans or are they going to stop talking about trans? Are they going to up the ante on DEI or are they going to move away from dei? And by all indicators, it appears the Democrats are not being morons. It appears that while people like Zoran Mandani may be winning in places like New York, deep blue areas, it appears that what they are actually attempting to do is play moderate, which of course is smart. It seems that more and more often they're playing dead on the trans issue. This is what happened with California Governor Gavin Newsom, who seems to want it every single way on the trans issue. Sure, it's unfair for boys to compete against girls, but also, maybe transing is fine when it comes to issues like dei. It's kind of disappeared from the Democratic lexicon. You don't hear Democrats talking about equity in the same way that they were even a year and a half ago when this was the be all, end all of American politics. Apparently, they no longer want to talk about that. Even on immigration, Democrats have taken a more moderate middle line. They're no longer arguing along with AOC that ICE ought to be disbanded. They're not arguing anymore that the police ought to be defunded. Instead, what they seem to be doing is arguing that President Trump is largely right on the Southern border. They just don't like that he's being overzealous in the prosecution of illegal immigrants who they say have not committed crimes. So Democrats seem to actually be, at least in image, turning toward the middle and I think that's part of what is going on with regard to this big controversy now swirling around the Secretary of Defense, Pete Hegseth. So to recap, last week there was a report from the Washington Post. It argued that that the White House had, via Pete Hagseth, given a direct order to basically blow away members of narco trafficking cartels in the water after they were already put out of commission. So basically, there was a strike on a narco trafficking boat from Venezuela. And supposedly Pete Hegseth ordered everyone to be killed, up to and including survivors who were in the water clinging to bits of wreckage to the wreckage of the burning boat. And this raised some fairly significant legal issues because as it turns out, under the laws of war, under the Geneva Conventions, for example, and under American law, you are really not supposed to kill people who are no longer in the fight. As Andrew McCarthy at National Review pointed out, the 1949 Geneva Conventions were ratified by the United states. Common Article 3 of the Convention binds our government and prohibits, quote, violence to life and person, in particular murder of all kinds of, of persons taking no active part in hostilities. And that includes people placed what's called or to combat by sickness, wounds, detention or any other cause. In other words, you can't take somebody as a POW and just shoot them. Or if you wound somebody on the battlefield. Under the Geneva Conventions, there is no policy of we take no prisoners. Everyone gets killed on the battlefield. Jack Goldsmith, who headed the DOJ's Office of Legal Counsel in the Bush 43 administration, notes that the Department of Defense Law of War Manual defines or to combat to include persons, quote, otherwise incapacitated by shipwreck. And apparently Congress has incorporated grave breaches of CA3 in the penal codes war crimes statute that Section 2441, when committed in the context of and in association with an armed conflict, not of an international character, which is how the administration currently describes its operations blowing up these narco trafficking boats in the Caribbean. And those grave breaches include murder define, quote, the act of a person who intentionally kills or conspires or attempts to kill or kills, whether intentionally or unintentionally, in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention or any other cause. So obviously, if the Post report were accurate, this would at least be a serious legal question. Now, we discussed yesterday on the program the possibility that actually these people would not be considered or to combat, depending on the condition of the boat that may be boat is still floating. It's kind of dead in the water. But at the same time they can call their narco trafficking friends, they can be picked up, they can be back in the narco trafficking fight momentarily. Now that is one possible defense, but it's also unclear what exactly happened here. Now the White House is defending Pete Hegseth. The White House said on Monday that the US Military conducted two alleged strikes on an alleged drug boat in the Caribbean, deepening questions about Defense Secretary Pete Hegseth's role in an operation that led to the killing of two survivors. Admiral Frank Mitch Bradley, the head of Special Operations Command, was acting legally under authority to use lethal force granted by Hegseth in conducting the attacks on the boat. Already coming up. Was there actually a second strike that was authorized by Hegseth at people in the water? We'll get to all of that. First, I've been with our ad partner Peer Talk for many years now. Honestly, I've never seen them do anything quite like they're doing right now. Here's the deal. They're offering unlimited talk, unlimited text, unlimited data, plus a 30 gig hotspot for just 29.95amonth. And that price is locked in for life. This is normally their premium plan. It goes for 65 bucks a month. But if you switch before December 7th, you get it for $29.95 every single month from here on out. That's more than half off permanently. And yeah, it's all on their 5G network, so you're not sacrificing speed or coverage. Look, I know these kinds of offers don't stick around long. 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But here's the thing, you can't get that deep restorative sleep if you're tossing and turning on the wrong mattress when you're fighting off germs or trying not to catch them in the first place. Having a mattress that actually supports your body and keeps you comfortable all night, it's not just nice to have, it's essential. Nobody wants to be tired and run down during holiday season. Helix knows how to make sure you're waking up your best self. Finding the right mattress doesn't have to be guesswork. Helix makes it simple with their sleep quiz. It asks about your preferences, your sleep style, then it matches you with the mattress that's actually right for you. They're not just making promises. Helix is the most awarded mattress brand out there with glowing reviews from Forbes, Wired and other trusted experts. The best part? They deliver straight to your door with free shipping, so no hauling anything yourself. Plus, with their Happy with Helix guarantee, you get 120 nights to try it out and a limited lifetime warranty. So if it's not working for you, returns and exchanges are totally seamless. It's basically a risk free way to finally get the sleep you deserve, especially when you need it most. Now I have a firm but breathable mattress. It's what I need to sleep properly when I'm on the road. I just don't sleep the same because I need my Helix sleep mattress. So do you go to helixsleep.com ben get 27% off site wide. That's helixsleep.com ben for 27% off site wide, make sure you enter our show name into the post purchase survey so they know we sent you helixleep.com Ben President Trump for his part actually did say on Sunday that he did not want a second strike. In other words, he was fine with the original strike on the boat. But if there was somebody who's floating around in the water on the wreckage, no, you're not supposed to fire a hellfire missile at that person and blow him apart. Here's President Trump on Sunday.
