BONUS POD: Biden’s Last-Minute Pardons Spark DOJ Chaos plus Dems Scramble on Voter Data

Summary

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Verdict with Ted Cruz - Episode Summary

Episode: BONUS POD: Biden’s Last-Minute Pardons Spark DOJ Chaos plus Dems Scramble on Voter Data
Date: August 21, 2025
Host: Ben Ferguson

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Overview

In this bonus episode of Verdict with Ted Cruz, host Ben Ferguson dives into two pressing stories shaping U.S. politics:

1. The Fallout from Former President Joe Biden's Last-Minute Pardons
2. The Democratic Party's Voter Registration Crisis

Ferguson unpacks newly surfaced internal DOJ emails revealing major concern and confusion over Biden's sweeping, auto-pen-issued clemency orders—including accusations that the public narrative around the pardons was misleading and the orders themselves potentially unlawful. The episode then pivots to what Ferguson calls a "bloodbath" for Democrats in voter registrations, painting an alarming portrait of Democratic losses to the GOP across the country and speculating on the party's flailing strategies to stem the tide.

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Key Discussion Points

1. Biden's Clemmency Orders and DOJ Turmoil

(05:26–14:47)

• Breaking story: Ferguson reports that former President Biden ignored DOJ warnings about the legality and clarity of his last-minute clemency orders, which were signed using an auto-pen.

  • The DOJ, based on internal emails, was concerned the language in the warrants was so vague they couldn't be lawfully executed, and that dangerous, violent offenders might be released by mistake.
  • Ferguson highlights that the White House portrayed the pardons as being limited to "nonviolent drug offenders," but DOJ brass warned that this was "untrue or at least misleading."
  • Notable violent offenders reportedly included in the commutations:
    • Russell McIntosh: killed a woman and her two-year-old child to protect his drug trade.
    • Stephen Fowler: an enforcer who tortured an informant.
    • Anderson (last name not specified): implicated in multiple murders and kidnappings.

• Internal DOJ pushback:

  • Ferguson reads from emails by then-Associate Deputy AG Bradley Weinsheimer, expressing alarm over the warrants’ ambiguity and requesting direct clarification from President Biden.
  • Quote (from DOJ email, as summarized by Ferguson):

    "Given the above, I think it is best that we receive a direct statement or direction from President Biden as to the meaning of the warrant language. ... In the absence of such ... option 3 above will be the interpretation ... it can't possibly be what the President intended. So I would like to avoid that outcome." (06:54)

  • DOJ officials “chastised the White House for falsely portraying releases as limited to ‘nonviolent offenders.’"

• Political aftermath:

  • Ferguson notes that Biden, in later remarks, insisted all final decisions were personal and rejected accusations of staff overreach with the auto-pen.
  • He underscores partisan undertones, mentioning Weinsheimer’s controversial role in Hunter Biden’s legal matters and the political reshuffling that ensued after Trump's return to office in 2025.

• Quote, Ben Ferguson:

  "Not only did Joe Biden ignore his own Department of Justice warnings over his legally flawed auto pen pardons, but they just didn't care and they were giving them out to people that were violent criminals, not non violent offenders as the White House claimed in the final days in office." (14:38)

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2. Democratic Voter Registration Crisis

(14:49–18:23)

• The data:

  • Ferguson references a new study showing Democrats losing registered voters to Republicans in all 30 states that track party affiliation, totaling 4.5 million lost voters from 2020 to 2024.
  • Cites a New York Times analysis using data from L2, noting that more new voters nationwide are choosing to register as Republicans for the first time since 2018, with significant GOP gains among men, younger voters, and Latinos.

• Implications and Democratic responses:

  • As a reaction, Ferguson discusses recent Democratic gerrymandering efforts, notably by California Governor Gavin Newsom, as a last-ditch effort to maintain electoral competitiveness.
  • Suggests that Democrats may resort to controversial tactics, such as counting undocumented immigrants in the census or pursuing rapid amnesty, to alter the electoral landscape.

• Broader diagnosis:

  • Ferguson argues that the Democratic Party's prioritization of "illegal immigrants" and disregard for Americans’ priorities has led to this mass exodus of support.
  • He ties these losses directly to Trump’s messaging around border security and law-and-order themes.

• Memorable quote:

  "The Democratic Party is hemorrhaging support with no end in sight, according to the shocking analysis of new voter registrations." (15:31)

  "We now have the data that clearly Donald Trump was a messenger that the American people wanted. He talked about putting Americans first instead of illegal immigrants ... That's exactly why the Democrats right now are in so much trouble with no end in sight. And even the New York Times [is] admitting that Donald Trump fundamentally changed the election map quite possibly for years to come." (17:23)

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Memorable Quotes & Moments

• DOJ's direct warning to the White House about clemency language:
  "I think you should stop saying that because it is untrue or at least misleading. ... We identified violent offenders including those who committed acts of violence during the offense." (08:42)

• Illustration of misleading White House narrative:
  "Among them for example, was Russell McIntosh. ... This is not someone you would ever describe as a 'non violent drug offender.'" (09:32)

• On Democratic registration losses:
  "That four-year swing towards Republicans added up to 4.5 million voters. A deep political hole that could take years for Democrats to climb out from." (16:10)

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Timestamps of Important Segments

• 05:25 – Introduction of breaking news on Biden's last-minute pardons
• 06:54 – DOJ internal emails reveal concern and confusion over warrants
• 08:42 – DOJ directly warns White House not to mislead about clemency recipients
• 09:32 – Violent offenders included in Biden's pardons detailed
• 12:00 – Ferguson contextualizes DOJ politics and Weinsheimer’s role
• 14:49 – Shift to Democratic voter registration crisis
• 16:10 – Breakdown of the numbers and implications for Democrats
• 17:23 – Analysis of Trump’s shifting of the electoral map

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Episode Tone and Language

The episode adopts a critical and urgent tone, focusing on what Ferguson frames as "scandal," "chaos," and pivotal political consequences. The language is partisan—emphatically conservative and critical of Democratic leadership, but dense with references, quotations, and data.

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Summary Takeaway

Ben Ferguson’s breakdown emphasizes a double-barreled critique of Democratic leadership as reckless regarding criminal justice and desperate in facing electoral weakening. Through leaked DOJ communications and newly released voter data, the episode paints a picture of an embattled Democratic Party and a Republican Party on the ascendancy, with Trump’s legacy recalibrating the political landscape for years to come.

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Transcript

[Mary Kathryn Hamm]

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[Ben Ferguson]

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You don't be silly.

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[Charli Webster]

Candice Rivera has it all. In just three years, she went from stay at home mom to traveling the world, saving lives and making millions. Anyone would think Candice's charmed life is about as real as unicorns. But sometimes the truth is even harder to believe than the lies.

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Not true.

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There are so many things not true. You gotta believe me.

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You know, I've settled six wars and a lot of people say seven because there's one that nobody knows about. Iran, India and Pakistan, the Congo and Rwanda. Aber Baijan going on for 34, 35 years with Albania. Think of that going on for years. One thing led to another, and I got that one settled.

[Ben Ferguson (Host/Narrator)]

You're listening to the 47 Morning Update with Ben Ferguson.

[Ben Ferguson]

Good. Good morning. So nice to have you with us on the 47 Morning Update. And we've got two major stories coming out of the White House you need to know about. First up, we now have evidence that the former president Joe Biden deliberately and purposely ignored the Department of Justice's warnings over legally flawed auto pen pardons. So what does this mean moving forward with the Trump administration? I'll break that big story down for you. Also, a new study is out saying it is a bloodbath for Democrats losing registration race in all 30 states that track party affiliation. In fact, four and a half million voters have disappeared from the Democratic Party. What caused it? And was it Donald Trump's leadership? But first, I want to talk to.

[Ben Ferguson (Advertiser/Promoter)]

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[Ben Ferguson]

It's the 47 Morning Update and it starts right now.

[Ben Ferguson (Host/Narrator)]

Stories story number one.

[Ben Ferguson]

We have new breaking news and it deals with former President Joe Biden. He ignored, we're now being told, the Department of Justice's warnings over legally flawed auto pin pardons. Senior Justice Department officials were left scrambling to, quote, interpret the sweeping clemency orders former President Joe Biden approved for thousands of federal convicts in his final days and final hours in office. And they chastised the White House for falsely portraying the releases as limited to, quote, non violent offenders. This, according to internal emails, have now been revealed. The records obtained by the Oversight Project and reviewed by the Washington examiner now reveal that former Associate Deputy Attorney General, the department's top career official at the time, Bradley Weinsheimer, raised alarms immediately after Biden issued three auto pin signed warrants on January 17th covering nearly 2,500 inmates were now learning. In a January 18th message to the White House Counsel and the Department of Justice Office of the Pardon Attorney, Weinsheimer wrote that one warrant granted clemency for offenses described to the Department of Justice was so vague it could not be lawfully even carried out, quote unquote. He went on to say at the time, I think the language is highly problematic, adding that to interpret the document properly, we will need a statement or direction from President Biden. He also suggested that Biden provide a list as to each inmate listing the offenses that are covered by the commutation, which he described as the clearest and least problematic alternative. Moving forward, Weinsheimer and Biden needed to clarify the meaning of the warrant language, quote unquote, so the DOJ could implement it in the manner intended they claim by President Joe Biden. Here is an exact quote from the email. It said this Given the above, I think it is best that we receive a direct statement on direction from President Biden as to the meaning of the warrant language. This will then allow us to give full effect to the commutation warrant in the manner intended by the President. In the absence of such a statement or direction, I AM concerned option 3 above will be the interpretation that is given to the warrant. While that is a logical construction, legally it can't possibly be what the President intended. So I would like to avoid that outcome. One other important note, the email says in communication about the commutations. The White House has described those who receive commutations as people convicted of nonviolent drug offenses. I think you should stop saying that because it is untrue or at least misleading. As you know, even with the exceedingly limited review, we were permitted to do. Of the individuals we believe you might be considering for commutation action, we initially identified 19 that were quote, highly problematic. That was based only upon running our initial priority list against the list of those who had submitted clemency petitions, a small percentage of the overall total from the White House. Even in that number, we identified violent offenders including those who committed acts of violence during the offense. Now this is a screenshot of a much longer email exchange. This email was directly warning the Biden White House that its language about clemency subjects was quote, untrue or at least misleading. Weinsheimer also warned the ambiguous order could unintentionally wipe away convictions for many violent felons. He pushed back against the White House messaging that the clemency recipients were only nonviolent drug offenders. That's not true. Among them for example, was Russell McIntosh. Now this is not someone you would ever describe as a quote, non violent drug offender. How do we know this? Russell killed a woman and her two year old child to protect his drug business. Stephen Fowler, whose enforcer tortured an informant with a butane torch and plays Anderson, a gangster's disciple member, was implicated in multiple murders and multiple kidnappings. This according to a commutations receipt page from the Department of Justice. Now all of the people I just named, those are not nonviolent drug offenders as the White House claimed. And despite these warnings, the White House released a statement in Biden's name touting the mass commutations as relief for quote, non violent drug offenses and saying it was the largest clemency action in US history that we apparently were supposed to celebrate it. Well in July in the interview with the New York Times, I want to remind you Biden insisted he personally made all clemency decisions, calling Republican claims that aides misused the auto pin ridiculous and quote false. Now amid scrutiny of his aides use of the automated signature device to place his name on the pardon documents, Biden said he approved broad categories of inmates and left staff to apply those standards, defending using an auto pen as a practical tool to process the sheer volume of cases. However, the DOJ emails illustrated that inside of Biden's administration officials were at least at the very least very uncertain about what Biden was actually ordering them to do and were forced to openly challenge the accuracy of the White House's public explanation about what they were executing. Now Weinsheimer, previously accused of loyalty to Biden administration, he's had warnings by the way are notable. Why? Because given his long reputation as quote a non political doj official. A career ethics lawyer, he was previously accused, in fact by Republicans of playing a behind the scenes role in shaping what critics derived as Hunter Biden's sweetheart plea deal while his father was the president of the United States of America. So you need to know that to put it in perspective. In fact, according to multiple reports, Weinsheimer met directly with the first son, Hunter Biden's defense counsel in 2023. This is a move that raised questions about whether the DOJ's leadership was actually undermining former U.S. attorney David Weiss's purported independence in that entire case. Now, his career at the DOJ ended with a partisan dispute in February. Shortly after Donald Trump returned to office, the administration reassigned him to a new sanctuary cities task force.

[Ben Ferguson (Advertiser/Promoter)]

Rather than accept the politically charged assignment.

[Ben Ferguson]

Weinsheimer accepted a federal employee buyout, part of a broader wave of career officials who resisted what they viewed as attempts, they claimed, to politicize the DOJ's work altogether. So if you look at exactly what we now know, it is clear that there were efforts that are happening right now to recover additional records related to the Oversights Project's pursuit of the internal DOJ emails to the White House. And that is ongoing. And also the email exchange that we just mentioned that was revealed on Tuesday, we now know was released by the office of Ed Martin, that is Trump's appointee serving as the US Part attorney and head of the DOJ anti weaponization group. So yes, even more evidence is coming out that not only did Joe Biden ignore his own Department of Justice warnings over his legally flawed auto pin pardons, but they just didn't care and they were giving them out to people that were violent criminals, not non violent offenders as the White House claimed in the final days in office.

[Ben Ferguson (Host/Narrator)]

Now story number two.

[Ben Ferguson]

We all know the Democrats are losing their minds over the redistricting that just finally became official in Texas. But the real reason behind the gerrymandering all over the country in Democratic states may become even clearer now because of the data we're now seeing. There's a new study out that says that Democrats are losing registration race in all 30 states attract party affiliation. In fact, 4.5 million voters swing now towards the GOP. And that's exactly why you're seeing Gavin Newsom saying we're going to gerrymander our entire state. The Democratic Party is hemorrhaging support with no end in sight, according to the shocking analysis of new voter registrations. Now, this is all being fueled by President Donald Trump's big gains among men younger voters and Latinos. In 2024, more new voters nationwide chose to be Republicans than Democrats for the first time since 2018, according to a report from the New York Times, which relies on voter registration Data compiled by L2, a nonpartisan data firm. Perhaps more troubling for Democrats, the data suggests Democratic Party activists can no longer rely on the party's tried and true methods to reverse the trend, leaving panicked party leaders and pundits unsure how to, well, resurrect the party's electoral prospects. And the numbers are staggering. Quote of the 30 states that track voter registration by political party affiliation, Democrats lost ground to Republicans in every single state between 2020 and 2024 elections, and often by a lot. Quote that four year swing towards Republicans and added up to 4.5 million voters. A deep political hole that could take years for Democrats to climb out from, which goes back to why are Democrats doing what they're doing now? Well, it's clear when they're this far behind, they need to change something quickly. That could include counting illegal immigrants right in the census to help them with the election map. It could also be giving them amnesty so that they could vote quickly for them. And then there's the other problem that Democrats have. Who is actually running the Democratic Party? What do they stand for and why are they so against the American people and putting illegal immigrants ahead? These are all questions that Joe Biden should have dealt with, the Democratic Party should have dealt with. And what did they do? They alienated Americans. And so the takeaway is this. We now have the data that clearly Donald Trump was a messenger that the American people wanted. He talked about putting Americans first instead of illegal immigrants. He talked about securing the border instead of having open borders. He talked about law and order instead of having lawlessness. And that's exactly why the Democrats right now are in so much trouble with no end in sight. And even the New York Times admitting that Donald Trump fundamentally changed the election map quite possibly for years to come.

[Ben Ferguson (Host/Narrator)]

Thank you for listening to the 47 Morning Update with Ben Ferguson. Please make sure you hit subscribe wherever you're listening to this podcast right now. And for more in depth news, also subscribe to the Ben Ferguson Podcast and we will see you back here tomorrow.

[Ben Ferguson]

Song stands about an obsessed fan who's.

[Mary Kathryn Hamm]

Taken me too literal from Eminem and The producers of 8 Mile never seen.

[Ben Ferguson (Host/Narrator)]

Anything like Eminem fans.

[Mary Kathryn Hamm]

This is the story of a fan base.

[Ben Ferguson (Advertiser/Promoter)]

I had to look in the mirror.

[Ben Ferguson]

And be like, am I one of.

[Mary Kathryn Hamm]

These crazy stans that created a culture? I do have an addiction to Eminem.

[Ben Ferguson]

I travel the world for him.

[Charli Webster]

Without Eminem, I wouldn't have the life.

[Ben Ferguson]

I have right now. What's your first question?

[Mary Kathryn Hamm]

Stans new documentary, streaming August 26th on Paramount. You want smart political talk without the meltdowns? We got you.

[Carol Markowitz]

And I'm Carol Markowitz.

[Mary Kathryn Hamm]

And I'm Mary Kathryn Hamm. We've been around the block in media, and we're doing things differently.

[Carol Markowitz]

Normally is about real conversations, thoughtful, try to be funny, grounded, and no panic.

[Mary Kathryn Hamm]

We'll keep you informed and entertained without ruining your day.

[Carol Markowitz]

Join us every Tuesday and Thursday Normally.

[Mary Kathryn Hamm]

On the iHeartRadio app, Apple Podcasts or wherever you get your podcasts. This is an iHeart podcast.