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6 Ridiculous Narratives Democrats Tried In Response To IRS Whistleblowers’ Damning Biden Testimony

IRS whistleblowers Gary Shapley and Joseph Ziegler’s testimony Wednesday before the House Oversight Committee about the political interference in the Biden investigation proved so unimpeachable that Democrats resorted to a shotgun attack on everything except the facts. Here are the top six themes the left hammered during the hearing. 

1. Orange Man — and His Family And Associates — Bad

    Wednesday’s hearing began promptly at 1:00 with opening statements by Republican Chair James Comer and Democrat Ranking Member Jamie Raskin. From the get-go Raskin set one theme Democrats would continue to peddle over the course of the next six hours: Donald Trump is a terrible, horrible, no good, very bad man. 

    Trump was impeached and is under indictment. His daughter was under investigation, and her husband sold out to the Saudis. Trump’s cronies — Manafort, Stone, Flynn, and Cohen — committed crimes, and Trump pardoned them. On and on they went, pointing to Trump to turn the focus from the whistleblowers’ testimony: that the evidence indicates Hunter Biden committed felonies and now-President Joe Biden may have been complicit in the illegality. Democrats likewise used this misdirection to avoid confronting the overwhelming evidence that the DOJ and FBI interfered in the investigation and protected the Biden family.

    2. How Dare Republicans Say ‘Two-Tier Justice System’

      A second prevalent tactic on display during Wednesday’s hearing was Democrats feigning outrage over Republicans’ complaints of a “two-tier justice system.” 

      According to Democrats on the committee, that phrase belongs to the civil rights movement and may only be invoked to condemn systemic racism. Some representatives ran so hard with this theme that they spent their allocated time highlighting decades-old hate crimes rather than asking the IRS whistleblowers questions concerning their testimony. 

      One representative even quizzed Shapley on his knowledge of the racial disparity seen in the prosecution of tax cases. Shapley said he was unaware of the statistic. The Democrat lawmaker then cited the relative percentages for the IRS agent, while remaining oblivious to the fact that Shapley was complaining of favoritism bestowed on the white, privileged Hunter Biden. 

      3. Never Mind the Whistleblowers, Let’s Talk About Rudy and the Arms Dealer

        Democrats also sought to distract from the whistleblowers’ testimony by framing the evidence detailed by the two experienced and well-credentialed IRS agents as flowing from Rudy Giuliani. But as Ziegler testified, he launched the investigation into Hunter Biden after evidence implicating him was discovered pursuant to a separate criminal investigation. None of the evidence Ziegler and Shapley developed came from Giuliani. 

        Nor did the allegations that Joe and Hunter Biden each received $5 million in bribes from Burisma, as reported by an FBI confidential human source and summarized in the FD-1023, come from Giuliani. The IRS agents never saw the FD-1023 in any event. 

        House Democrats likewise attempted to minimize the whistleblowers’ testimony by pretending that, beside Giuliani, the only evidence of misconduct came from a witness charged with being an arms dealer, namely Gal Luft. Whether Luft has credible evidence of Biden-family corruption, however, has nothing to do with Ziegler and Shapley’s claims.

        4. Merely a Misunderstanding

          In their less hysterical moments, the Democrats offered a gentler spin, framing the House’s hearing as much ado about a misunderstanding. It also came down to the whistleblowers not grasping the difference between a special counsel and a special attorney, several Biden apologists suggested. 

          But as Shapley made clear, he had documented U.S. Attorney David Weiss’s statement — that the DOJ had denied Weiss special counsel authority — soon after Weiss made that representation, and thus while Shapley’s memory was clear. In any event, according to Shapley, Weiss had also said during that meeting on Oct. 7, 2022, that he was not the final decision maker on whether to bring charges against Hunter Biden. That fact makes the distinction between a special counsel and a special attorney irrelevant.

          Raskin also suggested Shapley was confused about Weiss’s authority, claiming the Delaware U.S. Attorney made clear in his letters to Congress he had ultimate authority to charge Hunter Biden. 

          Both whistleblowers decimated that line of argument by highlighting what Weiss actually said, which was that he lacked charging authority outside of Delaware. In fact, if anything, Raskin hurt his cause by highlighting the contradictions between Weiss and Attorney General Merrick Garland’s statements, establishing the necessity for both DOJ bigwigs to testify before Congress to resolve the inconsistencies.

          5. Just a Difference of Opinion 

            A related theme Democrats peddled during Wednesday’s hearing centered on prosecutorial discretion. The left side of the aisle painted the whistleblowers’ testimony as merely a professional disagreement between the IRS agents and Weiss. 

            But there was no disagreement in opinion, Shapley and Ziegler stressed: Both the IRS and Weiss agreed that Hunter Biden should be charged with multiple felony counts. Weiss, however, lacked the ability to bring charges in D.C., and it was the Biden-appointed U.S. attorney there, as well as in California, that kept the Delaware U.S. attorney from filing criminal felony charges against the president’s son.

            Further, that the D.C. and California U.S. attorneys thwarted efforts to bring felony charges against Hunter Biden proved especially rich given the Democrats continued references throughout the hearing to Weiss being Trump’s “hand-picked U.S. attorney.” Beyond the obvious point that being a Trump appointee establishes nothing, under the Democrats’ standard, the involvement of the Biden-appointed U.S. attorneys removes this case from the “difference of opinion” scenario. 

            6. There’s No Evidence, I Tell You, No Evidence

            A sixth narrative Democrats pushed during the Oversight hearing was that there’s no evidence of misconduct or favoritism. But to paraphrase Shapley’s line, just repeating the same lie multiple times doesn’t make it true. And to say there’s no evidence of misconduct or favoritism is a whopper of a lie. 

            The evidence of misconduct by the Bidens exists in the form of texts, emails, chat messages, bank records, suspicious activity reports, the FD-1023 report, and statements made by former business partners such as Tony Bobulinski. The public record is also replete with evidence of DOJ and FBI favoritism, including the extensive testimony of these two whistleblowers, parts of which a third whistleblower has already corroborated.

            The Democrats may not like the evidence or want to talk about it, but to say none exists is about as believable as the Secret Service’s claim that they cannot determine whose cocaine was recovered in the White House. 


            Margot Cleveland is The Federalist’s senior legal correspondent. She is also a contributor to National Review Online, the Washington Examiner, Aleteia, and Townhall.com, and has been published in the Wall Street Journal and USA Today. Cleveland is a lawyer and a graduate of the Notre Dame Law School, where she earned the Hoynes Prize—the law school’s highest honor. She later served for nearly 25 years as a permanent law clerk for a federal appellate judge on the Seventh Circuit Court of Appeals. Cleveland is a former full-time university faculty member and now teaches as an adjunct from time to time. As a stay-at-home homeschooling mom of a young son with cystic fibrosis, Cleveland frequently writes on cultural issues related to parenting and special-needs children. Cleveland is on Twitter at @ProfMJCleveland. The views expressed here are those of Cleveland in her private capacity.

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