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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Netanyahu's Speech To Congress; PLUS: Max Blumenthal on Israel
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Good evening. It's Wednesday, July 24. I'm Michael Tracey, filling in for Glenn Greenwald, who's probably laughing at me, at least in spirit, wherever he may be while he's away. 

Benjamin Netanyahu, the prime minister of Israel – you may have heard of him – was in Washington, DC, today, and delivered another one of his magnificent soaring addresses to a joint session of Congress that predictably evoked mass adulation and euphoria. So, we will review the fallout in graphic and possibly sarcastic detail. 

Next, we will talk to the president of the Heritage Foundation to discuss the much-buzzed-about Project 2025. This is a document that's become a major bone of contention in the 2024 presidential campaign. Already, some aspects of that plan or project that you probably won't hear discussed very much anywhere else in the so-called mainstream media, but I'll take care of that for you. 

And finally, we'll be joined by journalist Max Blumenthal, hopefully well known to many of you out there on the internet who's been surveying the wreckage out there in Washington, DC at the Netanyahu address or in the perimeter anyway, and he'll tell us about all the insane security protocols that I understand have been imposed to ensure a wonderfully smooth visit for the prime minister of our greatest ally, that being the Jewish state. 

For now, welcome to a new edition of System Update, starting right now.

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Untangling Fact From Fiction with Heritage Foundation President Kevin Roberts
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Interview with Kevin Roberts

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And so that's something to perhaps ponder. And, with that, we wanted to move to an interview with the president of the Heritage Foundation, Kevin Roberts, who is somebody of interest, because the Heritage Foundation has been in the news quite a bit recently. The document that the think tank produced, called colloquially and referred to as “Project 2025,” has become a major point of contestation among the Republicans and Democrats as it relates to the 2024 campaign. My working sense is that there are many aspects of that document, which I actually took the liberty of reading. At least large portions of that have not really been discussed much in the so-called mainstream media. So, glad to be joined by, Kevin Roberts. 

 

M. Tracey: Hello, sir. 

 

Kevin Roberts: Michael. Thanks for having me. Looking forward to an intellectually honest conversation. Whatever someone's political beliefs are about “Project 2025.” So, thanks for having me. 

 

M. Tracey: I appreciate that. So, if you listen to the chatter and much of the liberal-oriented media, obviously they've converted Project 2025 into what they think is going to be their gold mine of an attack line against Donald Trump and the Republicans writ large. And, I did something, I guess, a bit unusual by media standards, which is I read the document and there are portions of it that stood out to me as really guiding, getting no discussion whatsoever, at least as far as I've ascertained and those, for me, anyway, have to do with, national security and foreign policy. So, I want to discuss a few of those items with you, if you don't mind. 

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So, obviously, some recommendations are made in terms of how to reorganize the bureaucracy, the federal government, including the intelligence services and one prescription that is made is that section 702 of FISA, the Surveillance Act, ought to be renewed and reauthorized and that's been fairly controversial, including among the right, because, you know, the Fourth Amendment requires a warrant, and this authority is seen as authorizing warrantless surveillance and only barely passed the House in April, in terms of renewal. I think, actually, Speaker Johnson cast the tie-breaking vote in favor of that reauthorization of FISA. So, the section of Project 2025 that I'm referring to here, says that section 702 should be understood as a:

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And so, it says that these authorizations need to be properly maintained and accountable, but that they should be retained nonetheless. So, what is your sense of what Project 2025 proposes for that particular authority, FISA? It's been controversial throughout the Trump administration. Trump has criticized certain aspects of it as having been abused. But the fundamental authority the document does propose be retained. 

 

Kevin Roberts: Yes. Thanks so much for this conversation. We need to have more discourse like this in the United States, regardless of someone's political beliefs. So, I'm really grateful to answer the question about the policy detail. And, Michael, I'll make two points. One, from the standpoint of Project 2025, what you've read there is what's in the mandate for leadership book “The Conservative Promise,” this conservative policy manual, if you will. And keep in mind, we wrote that two years ago, so well before the most recent vote on the issue. The second point that I'll make is we do believe that the underlying authority of Section 702 should continue to exist, but especially those of us at the Heritage Foundation, which has facilitated this project, believe that there need to be very stringent serious amendments added to that. And so, during the last legislative, In the last legislative fight. Heritage. Of course, just one part of Project 2025, was vocal about some of these amendments being added to the bill so that we could better protect innocent Americans. All of that to say that this has been extended into what would be the next presidential term, and either for Mr. Trump or it looks like, you know, Ms. Harris, the nominee for the left. And I think at that point, we'll have the conversation about making those amendments again so that we can better protect the Fourth Amendment. 

 

M. Tracey:  Because also on the intelligence community, which again, raised a bit of a paradox for me because I've seen a lot of like people who on the right online who are actually in favor of Project 2025, anticipating that what's so great about it is that it will fundamentally overhaul the intelligence services and maybe combat the deep state, which has become a main theme among, you know, among right-wing discourse. And also Donald Trump obviously rails against it because he feels understandably aggrieved by elements of the National Security State that use unprecedented tactics to undermine him, whether it was through the Russia investigation, the Mueller special counsel investigation, etc., in his 2016 campaign. And then also in the early part of his first term, I want to just read a quote here. Here's what Project 2025 prescribes for the intelligence community.

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That seems like the purpose of these bureaucratic reorganizations that are being proposed is to better entrench American primacy, right?, to better expand American hegemony, and to combat alleged adversaries, which is very much in keeping with the standard mission of the intelligence services. Whatever tweaks you might want to make around the margins of how it's bureaucratically organized, would that be a fair summation? 

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Briahna Joy Gray on Dems Against Democracy, Biden's Gaza Problem, Ken Klippenstein: Should Biden Step Down as President?; Michael Tracey Joins as Guest Host
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Good evening. It's Tuesday, July 23. Welcome to a new episode of System Update, our live nightly show that airs every Monday to Friday, at 7 p.m. Eastern, exclusively on Rumble, the free speech alternative to YouTube, by your esteemed host, Glenn Greenwald, who is out on vacation this week, and it really is an honor and a pleasure for me to try to fill his very big shoes as guest host today. 

If you're not familiar with me from past appearances on System Update, my name is Briahna Joy Gray, I host my own podcast called “Bad Faith” and until recently co-hosted The Hills show “Rising,” before I was censored for reporting news that was critical of Israel. Prior to my own show, I worked as the national press secretary for the Bernie 2020 campaign, and before that, I worked with Glenn at The Intercept. And like Glenn, I started my career as a lawyer, practicing in New York for about seven years before leaving to become a journalist. So, I felt very supported by Glenn early in my career and considered him to be one of the most ideologically consistent, intelligent, insightful, and courageous voices in the space. So really, it is a pleasure for me to be here with you today. 

Coming up today on the show we’ll be covering the Democrats' anti-democratic maneuvering to oust Biden and replace him with Kamala Harris, and how the group of politicians that sold themselves as the “anti-establishment left” have really shown themselves to be frauds in many respects, especially Rep. Alexandria Ocasio-Cortez. 

We're also going to assess whether Kamala solves Biden's Gaza problem, that is, his unpopular handling of the war in Palestine, before being joined by independent journalist Ken Klippenstein, who has written a recent Substack post asking whether Joe Biden resign all together now if he’s too unfit to finish out his presidential campaign. 

Stick around after that, because Michael Tracey will be taking over as guest host to conduct an interview with Ro Khanna. I understand Ro Khanna is the first Democrat to come on System Update, so that's bound to be a really good interview.

For now, welcome to a new episode of System Update, starting right now. 

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