Glenn Greenwald
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As the Daily Wire Publicly Negotiated a Debate with Candace Owens, it Secretly Sought -- and Obtained -- a Gag Order Against Her
Due to a prior restraint order against Owens, the much-anticipated Israel debate with Ben Shapiro appears to be off.
May 02, 2024
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Daily Wire co-founder Ben Shapiro (left), and former Daily Wire host Candace Owens (right)

On April 5, Candace Owens publicly invited her former Daily Wire colleague Ben Shapiro to a debate about "Israel and the current definition of antisemitism." It was Owens' criticisms of U.S. financing of Israel, and her criticisms of Israel's war in Gaza, that caused her departure from the Daily Wire two weeks earlier.

Both Shapiro and Daily Wire CEO Jeremy Boreing responded by saying they would like to arrange the debate requested by Owens. That night, Shapiro appeared to accept her offer, writing on X: "Sure, Candace. I texted you on February 29th offering this very thing." The Daily Wire co-founder added: "Let's do it on my show this Monday at 5pm at our studios in Nashville; 90 minutes, live-streamed."

After Owens objected to the format and timing, she and Boreing exchanged several tweets in which they appeared to be negotiating, and then agreeing to, the terms and format for the debate. Owens had suggested the debate be moderated by Joe Rogan or Lex Fridman. Shaprio said he wanted no moderator. They ultimately agreed to the terms, with Boreing offering a series of conditions, including a no-moderator debate, and with Owens publicly accepting

Two weeks later, many readers of both Shapiro and Owens noticed, and complained, that the debate had not yet happened. On April 24, Owens addressed those inquiries by explaining that the Daily Wire had yet to propose dates, while reiterating her strong desire to ensure the debate happened.

But the debate was never going to happen. That is because the Daily Wire -- in secret and unbeknownst to its readers -- sought a gag order to be placed on Owens after she had called for a debate. They did this under the cover of secrecy, before a private arbitrator, at exactly the same time that they were claiming in public that they wanted this debate and were even negotiating the terms with her. To this date, the Daily Wire has not informed its readers, seeking to understand why the much-anticipated debate had not yet happened, that they had sought and obtained a gag order against Owens.

When seeking a gag order to be imposed on Owens, the Daily Wire accused her of violating the non-disparagement clause of her agreement with the company. To substantiate this accusation, the company specifically cited Owens' initial tweet requesting a debate with Shapiro as proof of this disparagement, along with concerns she voiced that Shapiro appeared to be violating the confidentiality agreement between them by publicly maligning Owens's views to explain her departure from the company. While the company claimed before the arbitrator that it did not object in principle to a "healthy debate," it urged the imposition of a gag order on Owens by claiming that the way she requested the debate constituted disparagement of Shapiro and the site.

To justify the gag order it wanted, the company also cited various criticisms of the Daily Wire and Shapiro on X that Owens had "liked." This proceeding took place as part of an exchange of legal threats between the parties after the public agreement to debate about Israel was solidified. Those threats arose from the fact that various Daily Wire executives and hosts, in both public and private, were castigating Owens as an anti-Semite. On March 22, Daily Wire host Andrew Klaven published a one-hour video that hurled multiple accusations, including anti-Semitism, at Owens. The Daily Wire cited Owens' response to that video -- her defense of herself from those multiple accusations -- as further proof that she needed to be gagged.

The initial tweet from Owens not only requested a debate, but also included a video from the popular comedian Andrew Schulz, who had mocked the Daily Wire for firing Owens over disagreements regarding Israel, and specifically mocked Shapiro for his willingness to debate only undergraduate students. The tweet underneath Owens's original debate request included a summary of Schulz's mockery of Shapiro which stated: Schulz now "realizes Ben Shapiro is only good at debating college liberals & can’t win debates against serious competition." 

After the prior restraint hearing sought by the Daily Wire and Shapiro, the arbitrator sided with them and against Owens. The arbitrator agreed with the Daily Wire that Owens' call to debate Shapiro, and her follow-up negotiations of the debate, constituted "disparagement" of the company and Shapiro. The company argued that any further attempt by Owens to debate, as well her suggesting that the debate would expose the Daily Wire's real "priorities," constituted criticisms of the site and of Shapiro, criticisms that the arbitrator concluded Owens was barred from expressing under her contract with the company.

The arbitrator thus imposed a gag order of prior restraint on Owens. Among other things, the order banned Owens from saying or doing anything in the future which could tarnish or harm the reputation of the Daily Wire and/or Ben Shapiro. Given that the Daily Wire had argued, and the arbitrator agreed, that Owens' offers to debate Shapiro about Israel and anti-semitism were themselves "disparaging," the Daily Wire has ensured that the debate with Owens that they publicly claimed to want could not, in fact, take place. Any such debate would be in conflict with the gag order they obtained on Owens from expressing any criticisms of the site or of Shapiro.

When asked for comment to be included this story, Owens replied: I "wish I could comment on this but I can’t." She added: "can neither confirm nor deny."

Boreing said: "your story is inaccurate to the point of being false," though he did not specify a single inaccuracy, nor did he deny that the Daily Wire had sought and obtained a gag order on Owens at the same time they were publicly posturing as wanting a debate with her. The confirmation we obtained of all these facts is indisputable. Boreing added: "I’m sure you can appreciate how fraught a high profile break-up like this is. For that reason, we are trying to resolve our issues with Candace privately."

It certainly seems true that the Daily Wire is attempting to achieve all of this "privately." Nonetheless, Ben Shapiro has constructed his very lucrative media brand and persona based on his supposed superiority in debating, a reputation cultivated largely as a result of numerous appearances at undergraduate schools around the country where he intrepidly engages with students who are often in their teens or early twenties. Both Shapiro and the Daily Wire have also predicated their collective media brand on an eagerness to engage in free and open debate with anyone, and to vehemently oppose any efforts to silence people, especially those in media, from expressing their political views.

It was the imperatives of this media branding that presumably led the Daily Wire and Shapiro to publicly agree to a debate with Owens over Israel and anti-semitism in the first place. Indeed, when it became apparent early after the start of Israel's war in Gaza that Owens had major differences with Shapiro, Boering responded to calls from Israel supporters for Owens to be fired by proclaiming in November: 

[E]ven if we could, we would not fire Candace because of another thing we have in common - a desire not to regulate the speech of our hosts, even when we disagree with them. Candace is paid to give her opinion, not mine or Ben’s. Unless those opinions run afoul of the law or she violates the terms of her contract in some way, her job is secure and she is welcome at Daily Wire.

But a mere four months later, Owens, despite being of one of the company's most popular hosts, was out. The company had concluded that her increasingly vocal criticisms of Israel, opposition to U.S. financing of it, and her views on anti-semitism were incompatible with the Daily Wire's policies.

All of those issues would likely have been the subject of the public debate that Owens sought, and that the Daily Wire claimed to want. Instead, the Daily Wire has succeeded in obtaining a gag order that, on its face, prevents Owens, in advance, from questioning or criticizing both the Daily Wire or Shapiro in any way.

 

 

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First, a bit about Locals:

Some of you were wondering why we decided to show our Thursday after show on Friday, and the answer’s pretty simple: From time to time, we want to show the rest of our viewers what perks are offered to our loyal subscribers! If you’re here from that episode, welcome; if you’re here from before, don’t even think about leaving. Glenn is watching.

 

Second, a reminder for those who might not have caught our first two (new) Weekly Updates:

Let’s be real: we cover a lot of ground in a given week. When we started, the shows were supposed to be 60 minutes long. Now, they're running closer to 90 or even longer.

We also understand that you’re all very busy — and so are we. Some of you live in California and can’t see the full show before you get away from work, while others are in the United Kingdom, Germany, Brazil, and myriad other places. Maybe we air too late for you, or maybe we’re on a little earlier than you’d like. That’s fine!

Introducing our revamped Weekly Roundup, within which you’ll find some of our key clips and moments. That being said, we always encourage our loyal viewers and listeners to watch our full show on Rumble or listen to it on all of your favorite podcasting platforms 12 hours after airing.

 

Daily Updates

MONDAY: The Democratic Blame Game & Trump’s Cabinet

In this episode, we talked about…

  1. Democrats refusing to accept even a modicum of political responsibility;

  2. Trump banning Pompeo and Haley from his future administration;

TUESDAY: Glenn Suffers from the Plague

WEDNESDAY: Biden Welcomes ‘Hitler,’ While System Update Talks to an Israeli-Detained American Journalist

In this episode, we discussed…

 3. Biden welcoming Hitler (Trump) back to the Reichstag (White House);

  1. Analyzing Trump’s latest appointments;

  2. Jeremy Loffredo and his harrowing imprisonment in the West Bank by Israeli forces;

THURSDAY: Biden Promises All the Pennies to Ukraine as Tulsi Gets Smeared

In this episode, we talked about…

 6. Biden pledging to give our wallets, and any remaining pocket change, to the Ukrainian war effort;

  1. How Tulsi Gabbard is being slandered (again) as a Russian-Syrian toady;

  2. Why Blinken’s letter to Israel proves farcical;

FRIDAY: Glenn Talks to the Locals Community Post-Election

In this episode, we answered…

 10. All of your invaluable questions. Keep asking them, and watch his answers here!

 

Third, live question submissions:

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Fourth, publication recommendations:

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The New York Times

This one’s obvious: pure comedic value. We have to read the Gray Lady for so many things. Chief among them are little nuggets like this that come as the paper’s heralded minds attempt to debunk the healthful musings of RFK Jr. and his new M.A.H.A. cadre:

Image

 

The Washington Post

Really, outlets like the Washington Post and the Wall Street Journal fall under a similar umbrella. But the Washington Post’s Bezos-related blowup a couple of weeks before the election was truly a sight to behold. Comedy gold, again.

At the same time, these three papers do claim to represent the establishment. And it’s worth paying attention — vigilantly — to the alleged center of this country’s news and opinion distribution.

Politico and Punchbowl 

It’s likely that you’ve heard of Politico, but some of that publication’s founders and editors left a few years back to found Punchbowl in their ever-feverish endeavor to stay hip and relevant. If you want gossip from and about Capitol Hill, these are the places we frequently go.

Current Affairs

Shoutout to Nathan Robinson, who we just recently interviewed. They think out of the box over there. We appreciate that. 

Haaretz

Other Israeli outlets (really, most of them) report on developments in the Middle East, particularly as they relate to Israel, are more forthcoming about the crimes committed by the government since and before October 7, 2023. Here’s just one recent example from the aforementioned publication that is deserving of some praise, in contrast to the mainstream American consensus that Israel has not done anything to deliberately stymie aid to Gaza:

Image

 

 

That’s it for this edition of the Weekly Update! 

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Biden Welcomes "Hitler" Back To The White House; Trump's Latest Appointments: What Do They Mean?; Jeremy Loffredo On Imprisonment In Israel
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Good evening. It's Wednesday, November 13.

Tonight: The principal liberal and media theme of the 2024 campaign was that Donald Trump does not merely have a bad ideology, and is not merely a bad person, but he is a fascist threat to American democracy: a literal Hitler figure who intends to impose violence and permanent dictatorship on our nation. How odd, then, to see the American Hitler invited today to the White House, where he met with the sitting President Joe Biden, who warmly shook his hand, expressed fondness for him, and vowed to provide him all the assistance he wants in facilitating his path back to power. 

If Democrats actually believed anything they had been saying about Trump and the singular threat he poses, all of this should seem bizarre and should never happen. But it did, precisely because few in the media or politics actually believed the fears they were trying to gin up about what a Trump re-election would entail. Obviously: you don't invite and embrace Hitler to the White House.

Then: Donald Trump announced a spate of appointees for key positions in his cabinet since we evaluated his initial choices last week. Today alone, he chose Marco Rubio to be his Secretary of State, Tulsi Gabbard to be his Director of National Intelligence, and – in perhaps the most surprising choice of all – announced Matt Gaetz as his pick for Attorney General. Yesterday – in another major surprise – he announced combat veteran and Fox News host Pete Hegseth to be his Secretary of Defense, and Mike Huckabee to be his Ambassador to Israel: obviously, Israel is the first country to which he appointed an ambassador because, in American politics, Israel comes first.

Understandably, people seek to read into every choice certainty about what Trump's new administration will do and be. But did anyone watch Trump's first administration? The reason so many people left with such bitterness and rage – from John Bolton to John Kelley and countless others – is because Trump so often rejected their advice and refused to follow their preferred policies. Whether Trump will rely on Marco Rubio, JD Vance, or Matt Gaetz – or just Trump himself or whoever he is listening to – is very difficult to ascertain, let alone with certainty.  

There is clearly a lot in common with Trump's national security choices in particular. They are almost all fanatically, almost religiously loyal to the Israeli state, far more than many Israeli citizens are. And at one point or another, all of them, or most of them express views that one could easily describe as classic establishment Bush-Cheney foreign policy views or even outright neoconservatism. 

There is clearly a lot in common with Trump's national security choices – they are all fanatically, almost religiously, loyal to the Israeli state – far more than many Israelis themselves are – and, at one point or another, expressed views that one could easily describe as classic establishment, Bush-Cheney foreign policy views and even outright neoconservatism. Marco Rubio is probably the pick that most vividly exemplifies that, and there are many others.

Perhaps it is true, as many are arguing, that these appointments signify that Trump will be just a standard adherent to the DC foreign policy blob, and will pursue policies of confrontation, militarism, and war in his new administration. I understand why that conclusion is tempting – I certainly am far from a fan of all these choices, to put that mildly – though I am a fan of several – but I think the picture is far more nuanced and ambiguous and uncertain about who will wield power in this administration and how. And so, we want to devote the bulk of our show to digging into these choices and what they likely do, and do not, signify.

Finally: Jeremy Loffredo is an outstanding independent journalist whose work we have featured on our show previously. Loffredo is an American citizen whose reporting has been primarily done with Grayzone. He has spent the last year focused on critically scrutinizing the Israeli destruction of Gaza and the role of the U.S. and extremist ideologies in that. Agree or not with each one of his views, that is the work of a journalist.

Yet last month, Loffredo was arrested at a West Bank checkpoint by IDF soldiers, blindfolded, and put into solitary confinement. His crime? Reporting on the damage done in Israel by Iranian cruise missiles after Israeli officials falsely claimed that none of those missiles landed and did damage. Despite the fact that Loffredo's reporting was cited and divulged by Israeli outlets, his arrest was clearly punitive retaliation for the critical reporting he's done of Israeli occupation and war. We'll talk to him about what he endured and what it means about Israel's attitude toward journalists and whether “the region's only democracy” still deserves that term.

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Dems & Media Still Blaming Everyone But Themselves, Especially Voters; Trump Bans Pompeo & Haley, Appoints Stefanik: What Does This Reveal About Next Admin?
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Good evening. It's Monday, November 11. 

Tonight: It has been 5 full days since Donald Trump was declared the winner of the 2024 election and, as such, the President-elect of the United States. To say that Democratic Party officials and corporate media personalities have not handled this news very well is to dramatically understate the case. At least since the Sept. 11 attacks, I have rarely seen such a frantic and unhinged reaction to any event as we're seeing toward this election result, and the spasms are, I'm afraid, nowhere near the end, but merely in their incipient stages.

To begin with, Democrats and their media allies need to explain to their faithful partisan hordes how this happened – why would people as honorable and decent and noble and patriotic as Kamala Harris and Tim Walz possibly lose a national election to a ticket led by a convicted felon and twice-impeached monster and insurrectionist who is literally the new Hitler, along with his Vice President whom they proclaimed to be, depending on the week, weird, fascistic, and a Silicon Valley puppet. There are two rules Democrats and the media must follow in offering an explanation – first, to identify who the villains are who caused this traumatic event, and secondly, to ensure that the villains are anyone other than the Democratic party, its leaders, its establishment ideology, and its media and secondly, they have to ensure that the villains are anyone other than the Democratic Party, its leaders, its establishment ideology, and its media. The one thing they all agree on is that there is nothing fundamentally wrong with the Democratic Party. The same thing happened after 2016. People who voted for Trump are racists and misogynists, some argued. They are deceived and confused by a steady stream of disinformation fed to them by right-wing oligarchical media barons who somehow control the independent podcasts and shows that have become far more influential than CNN or the New York Times. Or it's Joe Biden's fault for not dropping out soon enough. It's just a problem of messaging – people never were told why the Democratic Party deserved their gratitude. Or it was all the left's fault for their excesses on culture war issues such as trans rights. 

Anything to avoid having to confront and grapple with the real rot at the heart of the Democratic Party: its corporatism and militarism which produces major benefits for a small clique of American liberal elites, while leaving everyone else ignored and abused. I've often said that the two most accountability-free professions on the planet are politics and punditry. No matter how much they fail, they never acknowledge their failures, find someone else to pin the blame on, and just merrily continue in their positions of now-rapidly diminishing influence and power. That is exactly what we're seeing right now, an attempt to shift the blame onto anybody other than the actual culprits, which are themselves. 

Then: There are many things one could say about the first Trump presidential term. That it was driven by rigid ideological coherence is not one of them. For all sorts of reasons – constant contrived scandals from the U.S. Security State disseminated by the corporate media, Trump's lack of familiarity with how the Swamp really worked, the conflicting factions he allowed deep into his government – it was hard to discern a clear political worldview from these first four years. Official Trump policies often conflicted with the President's rhetoric; his orders were often thwarted or ignored by unseen bureaucrats; Trump seemed unsure of himself when it came to particularly complex policy decisions.

Trump himself has acknowledged many of these problems and is explicitly vowing to avoid their repetition. But there are, of course, all sorts of ideological factions vying to influence him: none more dangerous than the neocons and warmongers who sometimes populated his first time and are eager to drive him into the very wars he insists he wants to avoid.

Those tensions were evident over the last several weeks as Trump's CIA Director and Secretary of State Mike Pompeo, arguably the worst person and the first Trump administration was included in Trump's inner camp on some of his last campaign stops, clearly attempting to worm his way into a position of influence. But Trump, responding to the concerns of the anti-interventionist wing of his Republican base, preemptively announced that he would bar both Mike Pompeo and, for good measure, Nikki Haley, from any position in his administration and wish them the best of luck in the future. That announcement, combined with Trump's prior selection of J.D. Vance as his vice presidential running mate earlier this year, created hope that Trump would freeze out that standard DC warmongers and interventionists from tape shaping his top national security start. Donald Trump Jr. this week vowed that freezing such people out was his top priority and by all reports, Donald Trump Jr. is wielding more influence in the Trump camp than ever before. 

Today, however, Trump announced that he was appointing New York Congresswoman Elise Stefanik, a Nikki Haley clone, to Haley's old position as the U.S. ambassador to the U.N.. He also just announced moments before we went on the air that Congressman Mike Waltz, Republican of Florida and former Green Beret, somebody who has been quite hawkish in the war in Ukraine – he actually opposed Trump's attempt to withdraw from Afghanistan, is quite hawkish on China, though he is a NATO skeptic – will be his national security advisor.

None of these individual appointments standing alone will definitively signal what differences, if any, the second Trump administration will have from the first. But we do have some revealing clues thus far that at least are worth examining, especially because there is clearly an ongoing fight among those closest to Trump to shape how these differences might emerge. But it's definitely worth looking at since we have enough data points at this point to try and map out how we think that will evolve. 

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