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July 28, 2026 14 mins

1: Jack Smith Investigation and Congressional Referral 

The first portion of our podcast focuses on a referral made by Jim Jordan, Chairman of the House Judiciary Committee, asking the Department of Justice to consider possible prosecution of former Special Counsel Jack Smith. The referral alleges Smith may have provided misleading testimony to Congress concerning records obtained during investigations related to former President Donald Trump.

Key claims discussed include:

  • Senate investigators allegedly uncovered evidence that communications involving 44 members of Congress were obtained during Trump-related investigations.
  • The records were reportedly obtained through legal requests to the National Archives rather than directly from lawmakers' devices.
  • Smith's legal team disputes allegations that he misled Congress, arguing his testimony accurately addressed specific types of records while other materials may have been obtained through separate legal authorities.
  • The commentary raises questions about government transparency, prosecutorial authority, congressional oversight, and political accountability.

2: Anthony Fauci's COVID-Era Diary Entries

The second of our pod shifts to newly released diary entries attributed to Anthony Fauci, released by Senator Rand Paul. These entries reportedly document Fauci's reflections on his growing public profile during the COVID-19 pandemic.

  • Fauci's observations about increasing media attention and celebrity status during 2020.
  • References to extensive press coverage and public recognition.
  • An invitation to appear on "Dancing with the Stars" during the pandemic.
  • Claims by Rand Paul that the diary portrays Fauci as overly focused on his public image during a national public-health crisis.
  • Discussion of a forthcoming committee appearance where Fauci is expected to answer questions under subpoena.

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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
The Chinese CDC was saying this in January twenty twenty.
He knew it, he told Dear Diary, but to the public.
He commissioned this paper called Proximal Origins, and in it
they go on and on saying it's timplausible that it
came from the lab and we're really convinced it came
from these wild animals in the marketplace. But that level
of dishonesty is really astounding.

Speaker 2 (00:21):
You're listening to the forty seven Morning Update with Ben ferguson.

Speaker 3 (00:25):
Good Tuesday morning.

Speaker 4 (00:26):
It's nice to have you with us on the forty
seven Morning Update, and we've got two big stories this morning.
First up, the House Judiciary Committee has issued a criminal
referral against Jack Smith over what they're describing as alleged perjury,
and I'll break that down for you. But then other
breaking news, we now have learned that Jack Smith obtained

(00:47):
text messages from at least forty four members of Congress,
spying on those members. It is a shocking story and
we have the details. Also in another shocking breaking news story,
Anthony Fauci apparently was absolutely obsessed with his new found

(01:08):
fame during the COVID pandemic when he was supposed to
be fighting to protect all of us. And his diary, well,
it's now been put out there for the public to read,
and what I have for you is going to blow
your mind. It's the forty seven Morning Update, and it
starts right now.

Speaker 2 (01:26):
Story number one.

Speaker 4 (01:28):
Well, let's start with a story that almost no one
thought they would ever hear. The man who spent years
trying to prosecute Donald Trump is now the subject of
a criminal referral himself.

Speaker 3 (01:40):
That's right.

Speaker 4 (01:41):
The House Judiciary Committee Chairman Jim Jordan has formally referred
former Special Counsel Jack Smith to the Department of Justice
for possible prosecution, alleging that Smith made false statements to
Congress under oath during his testimony before the House Judiciary Committeecifically,
the referral were being told centers on whether Smith in

(02:03):
fact misled lawmakers when discussing what investigative records his office
obtained during that Trump witch hunt investigation. And that's where
the second bombshell comes into the story. We now are
being told because of recently released documents from Senate investigators,
they're now alleging that not only was Jack Smith spying

(02:24):
on members of Congress, but he was reading their text messages.
The investigative team has now obtained text message communications, they say,
involving forty four members of Congress. Now during its investigation
to President Trump, they decided to go phishing and they
wanted to read the messages of sitting members of Congress. Now,

(02:47):
those records were reportedly obtained through legal process directed at
the National Archives, rather than directly from the lawmaker's phones,
which is even more shocking. Now think about what this
action actually means with this revelation. For years, Americans were
told that these investigations were quote narrowly focused and carefully

(03:10):
controlled and insulated completely from politics. But now Congress is
looking at the story differently and asking a simple question.
Weather investigators quietly swept up these communications that were involving
more than forty four sitting members of the legislative branch
while also investigating the leading political opponent.

Speaker 3 (03:32):
Of their administration, which was Donald J. Trump.

Speaker 4 (03:36):
That is a shocking allegation. Something that would normally happen
in a communist country, or a socialist country, or a
Marxist country, a dictator would do something like this. Instead,
this was the weaponization of the United States government, the
deep state at the highest levels, and the FBI. Now

(03:58):
these are yes, not only extraordinary allegations, but according to
Chairman Jordan, the newly released documents appear inconsistent with Jack
Smith's congressional testimony, which is why these two stories now
come together. Smith's legal team strongly disputes the characterization, arguing

(04:18):
quote he answered questions truthfully about toll records and was
not denying that other records obtained through separate legal authorities existed.
In other words, are saying we're going to use the
fine print here now. Democrats on the committee have also
argued that the referral quote mischaracterizes Smith's testimony. The Justice

(04:39):
Department is not required to act on a congressional criminal referral,
to be clear, but regardless of where someone lands politically,
the larger issue is this, if federal prosecutors can obtain
communications involving not one, not two, not ten, not twenty,
but involving forty four members of Congress that we know

(04:59):
of during an investigation of a presidential candidate who was again,
by the way, a former president of the United States
of America, that Americans deserve transparency completely about how that
even happened. And then the other question is what legal
authority was used, were there any safeguards in place at all?

(05:22):
And was Congress itself accurately informed about what happened afterwards
or where they lied to Now this really isn't just
about Jack Smith anymore. It's actually about truth in the
justice system as a whole. It's about whether investigators played
by the same rule as they expected everyone else to follow,

(05:43):
or go to jail if you didn't. And it's also
about political accountability. If you weaponize the American government to
go after your political opponent and then we find out
about it, is there any recourse or consequence? Now, for
years we've been wanting saching. Prosecutors pursued Donald Trump with
unprecedented aggressiveness. Now the same House committee that investigated those

(06:07):
actions is asking whether the Special Council himself may have
crossed multiple legal lines by allegedly giving misleading testimony to
Congress to cover up their actions, which could actually be criminal.
Now there's two things here that you also need to
take into consideration. Number One, politically, this is a remarkable

(06:28):
reversal from where we were.

Speaker 3 (06:30):
And the second part of this is the media.

Speaker 4 (06:32):
The media is completely silent on what I'm telling you
right now, ask yourself the question why prosecutors, by the way,
who once stood at the center of the biggest legal
cases against Donald Trump, they're now having to face these allegations,
face the music, face the fact that their own testimony
deserves criminal scrutiny. And Congress is correct that investigators secretly

(06:57):
obtained text messages involving forty four members of Congress while
the public was told a very different story.

Speaker 3 (07:06):
Then this story is going to be about far more.

Speaker 4 (07:09):
Than just one man, and that man obviously being the
man in charge, Jack Smith. It's also far bigger than
the one story that involves Donald Trump, which brings us
to where we are now. This is a new story,
and I think it's a story that's going to be
whether Americans can have any confidence at all that when

(07:29):
Democrats are in charge, that they're actually playing by the rules,
they're playing by the rule of the law. Or is
this now what happens when democrats get elected, they do
whatever they want to do, they throw out the legal standards,
and then they just lie to Congress while doing it.
This is about American confidence that justice is actually administered

(07:53):
fairly or transparently or equally regardless.

Speaker 3 (07:58):
Of whose name is in the case.

Speaker 4 (07:59):
Or we live in a country where democrats and the
socialist Marxists and communists hiding in our government can weaponize
our government to put their political adversaries in prison. Now,
this is exactly what actually happens in places like Russia.
Vladimir Putin for decades has either oft or arrested or

(08:21):
bankrupt or destroyed his political opponents. Many of them are
just straight up killed. We see this happen in Latin America.
We see this happen all over the world in our
history books. Where new leadership comes in, they take ultimate
power over the people. They control every aspect of the government,
and the first thing they do is they go after

(08:42):
their political opponents and throw them in jail so they're
no longer a threat to them. That is what the
Democrats did with Donald Trump. And apparently it wasn't just
Democrats in Congress, it was also the deep state as well.
Now this is going to move I have a feeling
pretty quick. We're going to find out a lot more,

(09:03):
but one thing is for sure. Forty four different members
of Congress were spied on by the Special Council the
FBI and the administration that was in charge at the time,
the Democratic Party. If you're a member of Congress right
now and you now have just found out that you

(09:23):
are one of the forty four he respied on, I
have a feeling you've got a lot of questions that
you want answered, and I expect you're.

Speaker 3 (09:32):
Going to see a lot of this exploding on Capitol Hill.

Speaker 2 (09:35):
Next story number two.

Speaker 4 (09:36):
They say that fame can be one hell of a drug,
and no one loved that drug more apparently than doctor
Anthony Fauci. He was not a name that anyone knew
before the COVID pandemic, but by the end of it,
his name id in this country and honestly around the world.

Speaker 3 (09:53):
Well it was superstar status.

Speaker 4 (09:56):
We now know just how much Anthony Fauci is obsessed
with his image.

Speaker 3 (10:03):
The newly released.

Speaker 4 (10:04):
Diary entries from doctor Anthony Fauci suggests that the former
White House COVID advisor became increasingly quote preoccupied with his
growing celebrity status, even as the coronavirus pandemic claimed tens
of thousands of American lives. The journals, released this past
weekend by Senator Rand Paul Chronicle Fauci's private thoughts during

(10:28):
the early months of the pandemic, when he served as
the nation's top infectious disease expert and a leading member
of the White House's Coronavirus Task Force. In an April seventh,
twenty twenty, diary entry, when more than sixty thousand Americans
were already dead from COVID nineteen, Fauci wrote, quote, press

(10:50):
still hot and heavy about me, multiple stories per day
directly or indirectly involving me. Weeks later, on May twenty five, first,
Fauci described his national and international fame as explosive and
really unimaginable quote unquote. He also added that it was

(11:11):
quote not hyperbole to characterize his level of global recognition
by that way. By then, nearly eighty nine thousand Americans
had died from the virus, and he was excited about
everybody knowing who he was now. The diary also shows
Fauci receiving invitations tied to his newfound celebrity. In late

(11:32):
June twenty twenty, as daily US COVID nineteen cases climbed
to a then record forty thousand, he wrote that he
had been invited to appear on ABC's dancing with the stars.
Fauci also documented growing tension with President Donald Trump's White House,
writing that extensive media coverage was turning him into a

(11:53):
star that outshines his words, a star that outshines the president.
He recalled secret Service officers at the White House security
gates routinely recognizing his vehicle and waving him through without
requesting identification. And that is what power drunk sounds like.
In a diary, my friends, Now, despite the attention, Fauci

(12:17):
wrote that he had quote no desire to conflict with,
embarrassed or showed up Now. Of course, despite the attention,
Fauci wrote that he had quote no desire to conflict with,
embarrass or show up the potus and later decided to
stop participating in profile interviews. Now, Senator Paul releasing this

(12:39):
is pretty interesting. He's a longtime Fauci critic. He's also
the chairman of the Senate Homeland Security and Governmental Affairs Committee,
and he released the diary entries days before Fauci is
scheduled to testify before the committee under a subpoena issued
by the Kentucky Republican. Senator Paul argues that the journal

(13:00):
a senior public health official overly focused on his public
image and media profile during one of the nation's worst
public health crisises. Quote Anthony Faucia answered to the American people,
Paul wrote in a June twenty eighth post on x
accusing federal health officials of prioritizing self promotion and media

(13:22):
narratives during the early months of the pandemic over telling
you what was actually happening. Now, the takeaway from all
of this for me is actually pretty simple. It is
clear that Anthony Fauci was obsessed with his fame. He
was obsessed with being the center of attention. He was

(13:43):
obsessed with doing interviews and being on the cover of
magazines and newspapers.

Speaker 3 (13:48):
He was obsessed with the.

Speaker 4 (13:49):
Countless stories that were coming out each and every day
around him. He was a man that was drunk on
his own supply. And doctor Ratchet now is gonna have
to answer these questions. Was he actually focused on saving
American lives or was he more focused on, well, how
big a star was getting in America and around the world.

(14:12):
Only Anthony Fauci, by the way, can you answer that question?
And this time it's gonna be under oath.

Speaker 2 (14:17):
Thank you for listening to the forty seven 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
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