The following is an abridged transcript from System Update’s most recent episode. You can watch the full episode on Rumble or listen to it in podcast form on Apple, Spotify, or any other major podcast provider.
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We are not necessarily a fan of corporate media in general, as you may have heard, but some reporters actually do the kind of work one really needs reporters to do. One of them is Dave Weigel, who has cycled through numerous outlets and now covers politics for Semafor. He was present today in Minneapolis for a meeting of the Democratic National Committee, where, among other things, they rejected a resolution that would have called for an arms embargo on Israel: even though their party members overwhelmingly, according to every poll, support such a plan. We'll talk to Dave about this specific vote as well as other ongoings at the DNC and what it all bodes for the future of this sputtering and sick party, including for 2028.
Before we get to that, there are ongoing questions from our Q&A that we were going to do on Friday night, and we didn't get a chance to do it. As always, there's a very wide range of questions about censorship and entrapment in police stings of the kind that we saw in Las Vegas, where that accused Israeli pedophile was allowed to walk. There are questions about Lula and Brazil and a whole bunch of other topics as well, some of which we cover, some of which we often don't, that I am anxious to address.
All right. I've really been enjoying doing as many of these Q&A sessions as we can because oftentimes it gets us on the topics that we wouldn't otherwise cover or even on topics from a perspective different than the one that we might approach from. I think it diversifies the range of topics we cover and the way we do it, but also, I think it’s important to have interactive features with our members, and this is the way that we provide them.
So, if you are a member of our Locals community or you want to become one, definitely keep submitting your questions and we're always going to get to as many as we can.
The first one is from @Diego-Garcia. It's an interesting name. A lot of interesting names chosen.
It is an interesting question. As someone who began by studying the Constitution and becoming a constitutional lawyer and wanting to focus a lot and focusing on First Amendment litigation, my focus has always been on the negative aspect of this liberty of free speech, which is the Bill of Rights, which essentially, and we've talked about this before, when it comes to people who are non-citizens who are in the country, or even people who are non-citizens and in the country illegally, the reason why everybody on U.S. soil has the right to invoke constitutional protections is because it's not, as this question suggest, a gift of certain privileges and liberties to a certain group of people, citizens or whomever. What they are are restraints on what the government can do with regard to everybody on its soil.
I was just thinking about this the other day, this ongoing insistence by a lot of people, especially on the right, that people who are non-citizens don't have constitutional protections or even that people who are in the country illegally don't have any. We've shown you before, even Antonin Scalia, as far right of a justice as it got for many decades, said, “Of course, everybody in the country, no matter how you're here, no matter what class you are, has constitutional rights.” The reason for that is that it's a restriction on what the government can do. It's not a privilege that is given to you.
So, exactly as the question suggests, the First Amendment does not say that you're entitled to equal platforms with somebody else. If your neighbor can attract more people to listen to them because people find him more interesting, and he can attract 1,000 people to come to a speech that he gives and all you can do is stand on the street corner and stand on a cardboard box and have two people listen to you, obviously in one sense, there's not equal speech because the reach is much different. And then if you take that even further, someone who can buy a big corporation the way that Larry Ellison's son just did – bought Paramount and CBS News and now has control of it essentially – obviously, he can have his messaging disseminated in a much more extensive way than someone who's not born to a billionaire and inherits all of that unearned wealth the way that David Ellison did.
There are obviously different levels of reach that people have. Some people have big platforms; some people have small platforms. As a result, obviously, there's a differing impact on the speech. So, I think the first part of this, the negative part, is extremely important, which is you don't want the government picking and choosing who can speak and who can't, or punishing certain views and permitting other views. That's what the First Amendment is designed to achieve, and that is applied equally and should be applied equally. And that is an extremely important part of the picture.
The argument that I think is being raised is, well, that only gets you so far because in a capitalist system, especially one with vast inequality, the reality is that if you have more money or if you have other assets, if you more charisma, if you have more charm, if you have more innate talent on a camera or in a microphone or on radio, the amount of reach that your speech will have will be far greater than somebody who doesn't have as much money or doesn't as much skill or doesn't have much ability to have others find them interesting and so you get this gigantic gap, this massive disparity in the actual impact and value of people's speech from one person to the next.
And so, you can call it free speech, but if somebody who's extremely wealthy can buy TV time to disseminate their views, and people who are working-class or poor or middle class don't have that ability, then this question suggests the premise of it, that free speech is really kind of illusory until you address this more positive aspect of it, this guarantee of reach, or at least an attempt to eliminate that disparity, you don't really have free speech.
I think it's extremely difficult to try to address that disparity because any attempt to do so would almost automatically involve the state having to regulate how you can be heard, who can be heard. I've talked about it in the context of campaign finance before, and in the context of the Supreme Court's decision in Citizens United, issued in 2009. It was a five-to-four vote overturning certain campaign finance restrictions because they violated the First Amendment. It essentially involved a case where a group, an advocacy group, a nonprofit, had paid for a film that exposed what they believed were serious ethical shortcomings of Hillary Clinton right before the 2008 election. The FEC tried to intervene and say, “No, this violates federal spending, and you cannot disseminate this film.” And the Supreme Court said, “This is classic censorship. If you're saying you can't disseminate a film that this person wants to pay for about a presidential candidate before an election to inform their fellow citizens what they think they ought to hear, of course, that's political censorship.”
A lot of people are upset with that decision because it permits those with money to be heard more than those with less money. And I understand that concern, I understand that objection, especially as more and more money pours into our elections, we have billions of dollars being spent in our politics. You have Trump and Kamala Harris, whose entire campaign is basically funded by, you could call it, 10 billionaires, maybe add to that, I don't know if you really want to expand it, another 30 almost billionaires. So, we're talking about a tiny handful of people who are meaningfully funding political campaigns at the national level and even on the level of the Senate. And then you have what we're going to talk to Dave about once he's here, you have major, massive super PACs like AIPAC intervening in various races, putting $15 million behind a single congressional candidate to try to remove somebody from Congress who's insufficiently supportive of Israel. And then it does sort of become illusory on some level, like this whole idea of free speech. It's a nice-sounding concept, but it doesn't really mean much if the only people who can be heard are people with money or, as I said before, other talents that enable you to break through and find a big platform. You're still not going to have as big a platform, though, as billionaires, obviously, who can spend endlessly.
I always thought the problem with that was exactly what Citizens United presented, that the only way to really address that disparity is by having the government regulate the reach of everybody's views, to try to either limit the reach of certain people by preventing them from spending money on the spread of their messaging. And you get into the whole question of, is money speech? And that was wildly misunderstood. Of course, it's not that money is speech, but how you use your money to promote your political views. If you want to pay for fires that call for an arms embargo against Israel and distribute them on the street corner, the government can't come and say, “We're barring you from doing that.” And then if you go to court and say, “My First Amendment rights are being objected,” the government says, “No, no. This isn't about speech. This is about how they're spending their money. They paid for these fliers, so we have the right to stop it.” Obviously, your right to free speech includes your right to use your money to print fliers or to disseminate your views, to travel somewhere, to pay for a conference room, to have a gathering. And all nine members of the Supreme Court Agreed with this notion that the fact that money is being spent doesn't remove it from a free speech context, even though that became the primary objection of the liberal left: “Oh, the Citizens United found that money is speech, that's not really what was at stake in that case.”
So, I'm uncomfortable with any government solution because I think to invite government into regulating how speech can be heard, the reach of it will automatically result in abuses. They'll crack down on speech they dislike, they'll ignore it, or promote speech they like, and then you're right back into the problem where you no longer have that negative liberty of the government regulating the speech, which to me is always the greatest danger.
In a political context, I can imagine a program that we're starting to get now that tries to address or at least mitigate the disparity between, say, the ability of an extremely rich candidate or one backed by a lot of money to be heard versus one who is representing, say, working-class and poor people and therefore doesn't have billionaire donors. But the way to address that disparity is not by limiting the ability of the candidate with wealthier backers to be heard. It's to boost the ability of the candidate without the money to be heard through things like public financing of campaigns. And that, I think, presents far fewer problems from a constitutional perspective in terms of addressing this disparity.
But in general, the fact is that in a capitalist system, which is the system in which we currently live and are likely to live for the foreseeable future, having more money means that you're probably going to enable yourself to be heard. Although there are people who start with nothing and create big, gigantic platforms on the internet, and are able to be heard that way by increasingly large numbers of people. So, I think that problem is also being mitigated by the leveling of the playing field as opposed to even 10 years ago, when you knew a giant corporation behind you who could pay for a printing press, a television network, or a cable network; you now no longer need that. And so that disparity is automatically working itself out.
But outside of the campaign context, I can't think of a way for the government to address that. Even though the last point I will make is that the founders were very aware of this problem. The founders of the United States were all capitalists. They were all quite wealthy. They were all landowners, aristocrats, for the most part. And the reality is that the Bill of Rights was ultimately a document that is about protecting minorities from the excesses of a democratic or majoritarian mob. That's what they were worried about. They were worried that majorities were going to form against elites and the wealthy in society and say, We passed a law, 70% of people to take away big farms and distribute them to workers, that's why they inserted a clause saying you cannot deprive somebody of property without just compensation and due process of law. Or they were worried that 80% of people would say we don't like this political view, we want to ban it, we want to ban this religion. And that's why it was designed to say it doesn't matter how many people want to ban a certain religion, or ban a certain view, or ban the media outlet, even if you get 80% of members of Congress to do it, the Constitution supersedes that and says Congress shall make no law, even if huge majorities want to.
So, the Bill of Rights is a minoritarian document. It's designed essentially to limit what democracy can do, to say that majoritarian mobs can't infringe on basic rights, no matter how big the majorities are that want to do that. So, they were definitely capitalist, but they were also very aware, and you find a lot of this in Thomas Paine's writing, as even some of the debates in the Federalist Papers and some writings in Thomas Jefferson, about how if economic inequality becomes too extreme, it will spill over into the political realm, which is supposed to be equal. In capitalism, you have financial inequality, but in a system governed by rules and constitutions, you're supposed to have political equality between citizens. They were very well aware that if financial and economic inequality becomes too severe, it will contaminate the political realm, and that same inequality will be reflected in the political round, rendering all these nice-sounding concepts, written on parchment, illusory, and they were concerned about that, and you can make the argument that we've arrived at that point.
And I do think that is a huge problem, the amount of money in politics, the ability of the extremely wealthy to dominate the two parties. I think it's a big reason why the two parties agree on so many things, because the donor base of each party overlaps in so many ways and has the same interests. The question, though, becomes, what is the more dangerous path? Is it to permit this inequality of reach of speech to continue, or is it to empower the government to intervene and start regulating how often or much people can be heard in the name of trying to reduce that disparity? And of course, if you have a very benevolent and ideal government, they would do so in a very noble way. They would just try to level the playing field. But typically, that's not the kind of government we have and we have to assume that we don't have a perfectly pure and well-motivated government. We always have to assume the opposite if the government is eager to abuse rights or corruptly apply laws. So, to empower a government to be the regulator of this disparity, to address this disparity, and no one else can really do it besides the government, is, in my view, to invite far more dangers in terms of censorship and things like that than it is to allow this inequality to continue.
All right, I think we have time for one more before our guest is here. This comes from @Nelson_Baboon. As I said, people choose very interesting names, so welcome @Nelson_Baboon to the show and your question is:
So, on the question of these kind of sting arrests for pedophiles, this recently came up in the context of the story we covered with that high-ranking Israeli official in the cyberwarfare unit of the Israeli military who was charged with luring a minor or trying to lure a minor to have sex with him using the internet, which is a felony in all 50 states, including Nevada, where he was charged. Yet, he was somehow permitted to be released on bail without any seizure of his passport or ankle monitor or any measures to prevent him from just leaving the country that he has no ties to and going back to Israel. And of course, that's exactly what he proceeded to do. And so, Michael raised the issue, which is unrelated to the issue that I just described, which is my concern about why this person was allowed to get out on bail without any kind of precautions to prevent them from returning, which I've seen in many instances are used in exactly these circumstances. Otherwise, you just have foreign nationals coming to the United States and committing felonies. And when they're caught, they just say, “All right, here's $10,000 in bail, and now I'm out. I have no ties to your country. I'm going back to my country, where I'll never have any consequences.”
Michael was raising the question of whether these kinds of sting operations are justified at all, because the way the sting operation worked here, and they caught eight people, was that there was no proof that any of these people were seeking out minors to have sex on the internet. They used an app, a sex app, or a dating or hookup app for straight people. None of them is gay; all of them are straight. They were all accused of trying to lure underage girls to have sex with them. And there was no evidence they were looking for minors, but the police created profiles pretending to be a 15-year-old girl, or a 14-year-old girl, or a 16-year-old girl. And then they initiate a conversation with their target. And say, “Hey, I'm 15, and here are some pictures.” And then if the person responds positively, even if they're prodded, like, “Hey, do you want to meet? I find you hot.” And the person says, “Yeah, that'd be great, let's meet,” the police can swoop in and arrest them. And the question is, was that person really inclined to commit that crime? Were they going on their own to seek out minors to lure them to have sex so that the police were preemptively catching those who would do such things before they did them? Or were the police creating a crime that otherwise wouldn't have existed by essentially entrapping somebody, by kind of luring them into committing a crime?
And I definitely see both sides of that. I mean, it seems like if you are a law-abiding, responsible, mentally healthy person and somebody appears in your DMs or your dating app messages and says, “Hey, I'm a 15-year-old girl. We should meet.” Your immediate answer ought to be, “No, I'm not interested in that,” and block them and move on. But at the same time, I think there's a legitimate law enforcement effort, I guess, that you could argue for. On the other side, you can definitely end up sweeping up people that you've provoked into committing a crime who never would have committed that crime in the first place and never intended to. That's what entrapment is. And that's obviously a defense that people would raise: the police entrapped me. I would never have committed this crime on my own. I've never done anything like this in my life, but they kind of lured me in.
I think the reason why a lot of people don't want to enter that argument, and Michael doesn't care about this, is that the minute you start questioning police sting operations, you seem like you're defending the rights of accused pedophiles. As soon as you do that, you yourself get accused of being a pedophile, which nobody wants. Very few people are indifferent to that false accusation. Michael Tracey happens to be one of them for very Michael-Tracey reasons that I think are commendable. I mean, I remember I defended Matt Gaetz on due process grounds alone. I just said, “Look, he hasn't been convicted of anything. He's accused of having sex with a 17-year-old woman. A 17-year-old girl is called a 17-year-old woman in many jurisdictions. In a minority of jurisdictions, 17 is under the age of consent.” And all I did was write an article saying, until he's guilty, we shouldn't be assuming that he's guilty. That's what basic due process means. And I got widely called a pedophile. Why are you defending Matt Gaetz? He must be a pedophile.
So, I understand the reluctance most people have to enter that debate. So, let's take it out of the pedophilia debate. And you, the questioner, raised this issue, which is the issue of, in the terrorism context, which I wrote about for many, many years. You could find articles of mine with titles like “The FBI once again creates its own terrorist plot that it then boasts of breaking up.” And this is what the FBI would do constantly during the War on Terror. The whole War on Terror, the massive budgets that were issued, and the increase in spying and surveillance and police authorities justified in its name depended on constantly showing that there was a real terrorist threat. And they didn't find many terrorist threats, meaning terrorist plots that were underway. So, they would go and manufacture them, similar to these kinds of stings. And what they always did, in almost every case, the FBI would go to a mosque, have an undercover agent there. Often, these guys were scumbags being used as their agents provocateurs. They were people who were already convicted of financial crimes, trying to get out of prison and agreeing to work for the FBI to get benefits for themselves. They would go to the mosque, and they would look around for some vulnerable young person who was financially struggling or often mentally unwell or intellectually impaired, and the FBI would create a terrorist plot. And they would pay for it. They would provide equipment, and they would say to the guy, this 20-year-old kid at a mosque who's from a very poor family or, as I said, has mental or intellectual impairments, “Hey, if you join with us, we'll pay you $50,000. We're going to go blow up this bridge.” And he’s like “No,” A lot of times they say no, and they pressure and pressure him. And then the minute he finally says, yes, they swoop in and arrest him in a very theatrical way and charge him with conspiracy to commit the terrorism act. A lot of these people went to not just prison, the harshest prisons the United States has at Terre Haute, Indiana, or even Florence Supermax, in Colorado, where the restrictions were incredibly inhumane, because they were charged with terrorism offenses. After 9/11, all these laws were severely heightened for obvious reasons, and in most of these cases, the FBI created its own crime. These were kids who were never going to, on their own, embark on some terrorist plot. They didn't have the ability to, they didn't have the thought in their heads to. Sometimes they would hear of a 20-year-old or a 22-year-old in a dorm criticizing U.S. foreign policy in a very harsh way, and they would target those kinds of people, just like normal young people exploring radical ideas, and they would then lure them into a terrorist plot. So, I am deeply uncomfortable with all of these sorts of sting operations because of the concern that the police are creating their own criminals; they're turning law-abiding citizens into criminals by luring and provoking them in a way that they wouldn't have done absent that provocation. And that's what entrapment is.
Ultimately, the question of entrapment is this person would have committed this crime absent the undercover police sting? Or were these people on the path where they were going to commit this crime, and the police intervened before they let it happen and saved victims and saved society from these crimes that were about to happen? And I think in most cases, the police are trying to justify their existence and their budget, just like the FBI was trying so hard to justify its huge surveillance authorities. They constantly had to show the public, look, we caught another group of Muslims trying to blow things up. And so often there were plots that the FBI created.
So, I think there are a lot of reasons to be concerned. I'm glad Michael Tracey is out there doing his Michael Tracey thing of not caring what kind of bullets get thrown at him. I don't agree with everything he says. We argue about it in private, but I think it's always important to have someone willing to take those bullets and say, “I don’t care what you call me. I'm going to stand up and question these orthodoxies and this conventional wisdom.” And in the case of sting operations, whether they happen in the terrorism context or any other context, and I criticized harshly every one of these cases, I reported on them and interviewed the lawyers and the accused and would write months of articles dissecting the entrapment. It's the same thing if you do it in any other context, including pedophilia, just people are very reluctant to do it, for the reason I said, but it's extremely important to because I agree that these sting operations have a lot of not just unethical components to them or morally dubious ones, but I think very legally dangerous ones as well, where you take law abiding citizens and for the interest of the law enforcement officers or agencies, you convert them into criminals on purpose because you can't actually find any on your own.
I have no idea if that's the case, obviously, with this Israeli cyberwarfare official, my reporting and analysis was simply about the oddity, the extreme oddity that, after meeting all week with NSA and FBI officials, he was permitted to just waltz out of jail, get on a plane back to Israel, which he admitted he was going to do. And now he's just back home in Israel with no obligation to return and face the charges against him. So, I have no view of his guilt or innocence. I don't know the details of what the police did there. But in the abstract, I think there are a lot of reasons to be extremely skeptical and always question these kinds of sting operations where the police don't catch anyone in the course of committing a crime or plotting a crime, but are the ones who lure the person into doing so.
The Interview: Dave Weigel
Dave Weigel covers American politics for Semafor, where he's done some of the, I think, most tireless reporting on our political scene. I'll just give you, instead of reading this introduction, my mental image that I always have in my head whenever I hear somebody mention Dave, or whenever I read one of his articles: I always picture him kind of like on a regional jet in like a middle seat going to like Cincinnati or Toledo in order to stay at some like mid-range Hilton, where he's going to be in a conference room for three days, drinking plastic cups of coffee, covering meetings of politicians or party officials and doing the kind of reporting that you need reporters to do, not from a distance, but by being there.
That's what he's currently doing today. He's in Minneapolis. I have no idea if that mental image is true or not. I'm going to ask him, I bet it is. But he's at the Annual DNC Meeting where there was a lot done by a party that's obviously struggling to determine what its identity is, what it stands for, and tried to make some progress today. I'm not sure if it had progress or if it went backwards, but that's part of what I'm excited to talk to Dave about.
G. Greenwald: Dave, it's great to see you. Welcome to what is weirdly your debut episode, your first appearance on System Update. I appreciate the time.
Dave Weigel: It's good to be here. And you called it. This is a mid-range Hilton, but the conference is in a higher-range Hilton. So they're not out of money yet.
G. Greenwald: I see the mid-range Hilton photo behind you. This is exactly how I picture you. I hope you have enough miles to avoid the middle seat on the regional jets at least, but otherwise, I'm confident.
Dave Weigel: I got a window seat. Thank you for checking.
G. Greenwald: Good, good, good. I'm glad about that. I feel a lot better now. All right, so let me ask you, first of all, just before we get into the specifics, what is this DNC meeting? I mean, what is it designed to do? And what are the proceedings about?
Dave Weigel: Well, this is their summer meeting. It happens every year, as you might guess. Republicans just had their summer meeting last week in Atlanta. Republicans these days do not let the press cover much of their business. I wasn't at that despite the intro. The Press wasn't allowed in anything but an hour-long ending session where they confirmed that Joe Gruters would be the new RNC chair, Trump's choice. Democrats opened this up to the press, and I do thank them for that because it's not like we're out here trying to write the most negative story we can. We just want to see what is happening inside the guts of the party. They are open, they're accessible, and they're struggling. This is not something they deny. Ken Martin, the chair of the Party, I saw him speak to a number of the caucuses here and his pitch is, yeah, it's tough. I'm not going anywhere, even though a lot of people want me to go. This is going to take years to build back from.