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Speaker 1: Me, Mike or Michael.

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Speaker 2: I appreciate you addressing my question yesterday. I'm listening to

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Speaker 2: your podcast today.

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Speaker 1: Makes sense.

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Speaker 2: I knew that stuff. I guess it just needed it refresh.

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Speaker 2: But why is theso so are so much more expensive

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Speaker 2: than gasoline when it's a by product of making gasoline.

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Speaker 3: I'll jump in there, Michael, because I got this talk

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Speaker 3: back earlier and did a quick Google.

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Speaker 1: I went to the Google machinery.

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Speaker 4: Because I thought, actually I thought diesel was a waste

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Speaker 4: by product.

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Speaker 3: That's true, So I just did a quick google it,

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Speaker 3: you know, diesel versus you know, regular gasoline, roughly whatever

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Speaker 3: what the problem is, and the Google AI grant to

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Speaker 3: take that where I come from, just says, for roughly

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Speaker 3: every one gallon of gasoline produced, about half a gallon

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Speaker 3: of diesel is produced.

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Speaker 4: Okay, so you get less out of a barrel of

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Speaker 4: oil exactly. Yeah, supplying demand. There you go, And I'm

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Speaker 4: glad you did that, because, with all due respect to

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Speaker 4: that goober, I didn't have a freaking clue what he

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Speaker 4: was talking about.

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Speaker 1: With regard to yesterday's question.

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Speaker 4: That was yesterday, I've uh, well, according to Summer, I've

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Speaker 4: probably been on the poop since then, and I've had lunch,

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Speaker 4: and I've probably had dinner, and I've probably slept, and.

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Speaker 1: You know, I've moved on.

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Speaker 4: And you hit a pothole or two, and I had

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Speaker 4: a pothole or two. Now I'm going to ask you

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Speaker 4: as if it makes any difference. I can do one

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Speaker 4: or two stories to start out the program today. I

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Speaker 4: can do something about afro man or I can do

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Speaker 4: naval strategy that will make your brain hurt. Which one

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Speaker 4: you want to do?

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Speaker 3: Well, already had an extra five minutes of you earlier,

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Speaker 3: just because you had to join the I didn't have to,

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Speaker 3: I was asked. I mean, I'm fine. I love working

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Speaker 3: with Ross and Gina because they're great. And then yeah,

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Speaker 3: they invite you.

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Speaker 4: Uh well, that's because they needed to bring up the

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Speaker 4: statue of their program a little bit. They needed they

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Speaker 4: needed some with a little you know, the little status

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Speaker 4: to come in. I'm just disappointed that you know that

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Speaker 4: Ross didn't say, mister secretary, what do.

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Speaker 3: You think about x y Z no, no, the text

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Speaker 3: messages that came in on their text line, the ka's

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Speaker 3: text line, that question mark. I make it a point

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Speaker 3: to immediately turning it off anytime.

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Speaker 1: He comes on. I don't know if I can go.

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Speaker 1: I don't know. Maybe maybe before you turn the radio off, maybe.

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Speaker 4: What you ought to do is that that makes that

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Speaker 4: clears the air right there, because that individual clearly will

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Speaker 4: not be able to comprehend the really bizarre naval strategy

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Speaker 4: that I've read about and I've put together as a

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Speaker 4: as a piece for today.

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Speaker 1: So we'll go to something that he understands afro Man.

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Speaker 3: So, yeah, you've already talked at a little bit of

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Speaker 3: navel because you were talking about the Joe and ins

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Speaker 3: act with Ross.

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Speaker 1: Yeah, yeah, that's right. So we'll put that off real

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Speaker 1: we'll kind of move, we'll kind of ease in. Now.

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Speaker 5: This is.

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Speaker 4: Let me tell you how I found this is why

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Speaker 4: rabbit holes are so good last night on Fox thirty

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Speaker 4: one and then again this morning. I'm not I'm really

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Speaker 4: not paying any attention to the news because I'm busy

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Speaker 4: doing other things. But apparently the Adams County, Colorado Sheriff's

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Speaker 4: Department or police department or somebody has gone kind of

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Speaker 4: ballistic on social media pointing out that whatever the story is,

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Speaker 4: it's not them.

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Speaker 1: And then they have a little.

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Speaker 4: Graph, a little graphic that shows you know, like you

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Speaker 4: know you'll see on flight aware, like the you know

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Speaker 4: the trajectory of a plane going from point A to

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Speaker 4: point B. Well, the trajectory goes from Adams County, Colorado

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Speaker 4: to Adams County, Ohio. And I thought, what's that about?

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Speaker 4: So I went to the Google machine and was like,

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Speaker 4: why is Adams County worried about somebody confusing them with

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Speaker 4: Adams County in another state?

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Speaker 1: You know what, a couple thousand miles away. Well I

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Speaker 1: found out what it is.

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Speaker 4: Let's set the scene. Okay, let's go to August of

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Speaker 4: twenty twenty two, Winchester, Ohio. It's a small town about

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Speaker 4: fifty miles outside Cincinnati in what county do you think

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Speaker 4: you're dragging? Adams County? Joseph Edgar Foreman, better known to

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Speaker 4: the world as Afroman. Now he's a Grammy nominated rapper,

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Speaker 4: famous for his two thousand stoner anthem Because I Got high.

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Speaker 1: I can't believe I have this guy on my playlist.

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Speaker 3: Don't worry, I'll play it later.

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Speaker 1: Well, I'm not sure. Now.

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Speaker 4: The ones I was going to play i've listened to,

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Speaker 4: so I know they're clean, But that one I haven't

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Speaker 4: listened to.

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Speaker 1: So I don't know.

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Speaker 4: I'll leave that to your discretion whether you want to

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Speaker 4: put it up, you know, because I got high. Anyway,

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Speaker 4: Afroman is minding his own business, and then the Adams

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Speaker 4: County Sheriff's Department raids his home. They've got guns drawn,

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Speaker 4: they smash down the front door. They seize five thirty

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Speaker 4: one dollars in cash and other property. Now, they did

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Speaker 4: have a search warrant based on suspicions because they didn't

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Speaker 4: say the word probable cause. We'll get to that in

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Speaker 4: a minute, but based on suspicions of both drug trafficking

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Speaker 4: and kidnapping.

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Speaker 1: Now here's what happened after the big raid.

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Speaker 4: No wrongdoing was uncovered, no charges were ever filed. The money, well,

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Speaker 4: most of it was later returned. Four hundred dollars is

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Speaker 4: still missing out of the five thousand, thirty one dollars

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Speaker 4: in cash. So what does the fifty one year old

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Speaker 4: rapper do when the pope pole kicks down his door,

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Speaker 4: takes his money and they leave.

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Speaker 1: What did they? What was he do?

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Speaker 4: Well, if you're Afroman, you do want any reasonable rapper

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Speaker 4: or artist or musician would do you turn it into content?

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Speaker 4: So afromn for whatever reason. Now, let me let me

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Speaker 4: put one caveat out before I go any further. This

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Speaker 4: guy doesn't have exactly what I would call a dollar background. Okay,

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Speaker 4: so I will. While the story's fascinating to me and

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Speaker 4: the individual, I give him kudos for standing up for

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Speaker 4: his rights.

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Speaker 1: Nonetheless, yeah, I doubt that he and I and Dragon

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Speaker 1: could be best friends. We just couldn't be BFFs. But

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Speaker 1: I'll tell you why. In a minute.

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Speaker 4: Athro Man had surveillance cameras rolling the entire time that

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Speaker 4: this raid was going on. Every single cop, every gun,

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Speaker 4: every nervous glance at Afroman's kitchen counter was all captured

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Speaker 4: in glorious HD high definition, and Afroman used every frame

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Speaker 4: of the video. Now, the title of the song in

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Speaker 4: the video at the side of the lawsuit made fun

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Speaker 4: of a deputy who came through the busted door and

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Speaker 4: apparently found a really keen interest in a lemon loaf

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Speaker 4: cake sitting under glass and like you know you have

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Speaker 4: you know, you have a cake platter and you have

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Speaker 4: a glass top over it. This cop really took interest

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Speaker 4: in that cake. And now, according to afro Man's song,

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Speaker 4: weishill hear in a minute, the Adams County sheriff kicked

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Speaker 4: down my door. Then I heard the glass break. They

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Speaker 4: found no kidnapping victims. They just found lemon pound cake

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Speaker 4: and it was mama's lemon pound cake. It tastes so nice,

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Speaker 4: he says, it made.

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Speaker 1: The sheriff want to put down his gun and cut

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Speaker 1: him a slice.

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Speaker 4: So I watched the video. The video, as of this morning,

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Speaker 4: has three points, has three million, six hundred and seventy

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Speaker 4: two thousand, one hundred and thirty eight views. Here's his song.

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Speaker 4: I know Dragon won'll put this up on the website,

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Speaker 4: Michael says, go here dot com. But I just want

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Speaker 4: to describe for you what I'm watching. So he's got

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Speaker 4: surveillance cameras all in his house, and this one cop,

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Speaker 4: who's already probably had more lemon cake pound cake than

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Speaker 4: he needs, probably had a little more donuts than he needs.

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Speaker 1: He's probably been to crumble cookie more than he needs,

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Speaker 1: walks by.

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Speaker 4: He's got his gun, you know, he's got his hand

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Speaker 4: in in his ready position. He's locked and loaded, and

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Speaker 4: he takes a double glance of a lemon pound cake.

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Speaker 4: He looks at the cake a couple of times. He

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Speaker 4: he wanted to put down his clock. He saw that

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Speaker 4: lemon pound cake. That's enough of it. He goes on

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Speaker 4: for like almost four minutes. Now, Affroman didn't stop with.

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Speaker 3: That one friendly reminder that's gonna be up at Michael says,

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Speaker 3: go here dot com.

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Speaker 1: Okay, all right, you gotta go watch it. You gotta

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Speaker 1: go watch it. I've got footage of the cop I

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Speaker 1: know in hilarious.

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Speaker 3: That you don't see him putting down his firearm and

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Speaker 3: picking up the cake.

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Speaker 1: They didn't. That's a double take. But I mean he

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Speaker 1: is on the hell get that cake before he leaves.

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Speaker 1: And it's a big old boy too. He is a

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Speaker 1: big old boy, but so is afro Man. And it's true,

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Speaker 1: yeah already, miss exactly exactly. And the cake does look

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Speaker 1: pretty damn nice. Sure does.

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Speaker 4: And if mama made it, I mean, I'm telling if

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Speaker 4: Affroman's mama made it, man, I'd like some of that cake.

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Speaker 1: You know it's good. You know it's good.

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Speaker 4: So anyway, Afrolman didn't stop just there. He In another

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Speaker 4: social media post, he included images of first All Officer

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Speaker 4: Lisa Phillips, and alongside the picture of Officer Phillips, he

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Speaker 4: put graphic statements about her anatomy and her sexuality, he

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Speaker 4: dubbed her and I'm not gonna say it on air,

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Speaker 4: but it involves the word lick and low and Lisa

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Speaker 4: all right, and made clear colorful suggestions about her personal life.

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Speaker 4: Then there was a song called and I'm going to

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Speaker 4: let the title speak for itself, Randy Walters is the

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Speaker 4: Son of a Bitch, in which lyrics implied an extramarical

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Speaker 4: affair between the singer and the wife of the plaintive,

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Speaker 4: Sergeant Randy Walters subtle not in the least protected speech. Apparently.

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Speaker 1: Yes. Now that's in twenty twenty two. Let's now go

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Speaker 1: forward to twenty twenty three. Phillips and six others.

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Speaker 4: Officer Sean Cooley, Justin Cooley, Michael D. S, Shawn S Grooms,

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Speaker 4: Brian Newlan, and Randolph L. Walters Junior file a civil

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Speaker 4: lawsuit claimed that afroman had caused them to suffer emotional

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Speaker 4: distress and had been subject to subjected to threats, including

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Speaker 4: death threats, because of afromn's social media popes. Now, the

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Speaker 4: deputies didn't ask for the typical symbolic you know dollar

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Speaker 4: for violating our rights. The highest amount was requested for

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Speaker 4: Lisa Phillips. He made fun of her anatomy and sexuality.

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Speaker 4: She sought one point five million dollars. Brian Newlan and

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Speaker 4: Randy Walters each sought a million dollars apiece.

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Speaker 1: Shawn Groom, Shawn Cooley.

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Speaker 4: Justin Cooley, and Mikees sought four hundred thousand dollars to

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Speaker 4: be divided among them. The grand total three point nine

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Speaker 4: million dollars. All right, So, now Afroman, who has been

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Speaker 4: the subject of this search warrant in which they didn't

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Speaker 4: find anything, busted down his door, ate his cake, took

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Speaker 4: his cameras everything. They're attorney, the plainess, attorneys, the cops,

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Speaker 4: and the others.

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Speaker 1: Some lawyer belname of Robert Klinger. Clingler framed it.

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Speaker 4: As a matter of basic human decency because the lawyer

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Speaker 4: claims that Afroman had lied about quote these seven brave

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Speaker 4: deputy sheriffs, and had been lying about them for three years. Now,

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Speaker 4: even if somebody does something to you that hurts you

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Speaker 4: that you think is wrong, like maybe I don't know

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Speaker 4: a search more execution that you think is unfair, he argues,

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Speaker 4: that doesn't justify telling intentional lies design to hurt people.

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Speaker 4: He's trying to make the caste for defamation. Now the

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Speaker 4: deputy's testified to some very real personal harm. Deputy Lisa

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Speaker 4: Phillips said that the rapper created a derogatory music video

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Speaker 4: that questioned her gender and sexuality. Walters told the jury,

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Speaker 4: you know when my daughter came home and advised me

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Speaker 4: that she was getting messed with the school because apparently

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Speaker 4: her mom is having sex with Afroman. Yeah, you might

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Speaker 4: be upset about it now, definitely. Cooley, the officer of

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Speaker 4: the Afroman, referred to his officer pound Cake, watched the

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Speaker 4: music video play out in open court. Phillips wept as

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Speaker 4: a long video played in which Afroman labeled her that

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Speaker 4: crude phrase and crudely suggesting that she was a lesbian.

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Speaker 4: Oh this court room, Oh it makes judge judy.

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Speaker 1: It was.

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Speaker 4: It was drama filled. I'm just disappointed that we didn't

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Speaker 4: get to see all of its banks.

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Speaker 1: Darning dragon.

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Speaker 5: Now I have a craving for Mama's lemon, pound Cake,

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Speaker 5: have a good day.

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Speaker 1: Sounds pretty good, doesn't it. I know.

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Speaker 4: So after he won, then he posts this video don't

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Speaker 4: get videoed and don't get caught.

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Speaker 3: Now his defense real quick again, that one will also

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Speaker 3: be at Michael says.

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Speaker 4: God, all right, good, you gotta watch these and have

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Speaker 4: you seen that one yet? Dragon, I just pulled it up. Yeah,

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Speaker 4: it looks you like a suit, Yeah yeah.

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Speaker 1: And the glasses. Do you notice the glasses same thing? Reflection?

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Speaker 1: Yeah yeah, yeah, really good, you.

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Speaker 4: Got, Michael says, go here dot com, go check them out.

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Speaker 4: So he shows up to testify addressed, and this probably

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Speaker 4: tells you everything you need to know about him.

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Speaker 1: And this what we're talking about.

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Speaker 4: This red, white, and blue, basically an American flag suit,

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Speaker 4: including big sunglasses that have a reflective coating that have

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Speaker 4: an American.

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Speaker 1: Flag on them. I'm an artist.

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Speaker 4: This is his defense, and I think what fascinates me

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Speaker 4: about his defense is how elegant it is in its simplicity.

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Speaker 1: I'm an artist.

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Speaker 4: Their public officials, and the First Amendment exists precisely for

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Speaker 4: moments like this. He told the jurors, I got freedom

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Speaker 4: of speech after they run around my house with guns

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Speaker 4: and kick down my door. I got the right to

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Speaker 4: kick a can in my backyard. Use my freedom of

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Speaker 4: speech and turn my bad times into a good time.

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Speaker 1: Yes, I do now.

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Speaker 4: His lawyer, David Osborne, invoked the full tradition of artistic

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Speaker 4: social commentary. He cited NWA's f the police Richard Pryor's

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Speaker 4: comedy acts all his examples of how powerful public officials

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Speaker 4: must tolerate criticism. He asked the jurors a couple of

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Speaker 4: simple questions, What chilling effect does that have on the

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Speaker 4: world we live in? You don't like what a public

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Speaker 4: official does, and you make a joke, and now you're

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Speaker 4: dragged into court. No reasonable person would expect a police

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Speaker 4: officer not to be criticized.

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Speaker 1: They've been called names before.

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Speaker 4: And then there was the moment when Afroman himself explained

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Speaker 4: why he brought a local TV news TV news crew

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Speaker 4: with him to retrieve his money from the sheriff's station.

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Speaker 4: He says, I didn't want to get beat up or

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Speaker 4: epstein the sheriff's station after I've seen them running around

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Speaker 4: my house with AR fifteen's. That's why I brought the

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Speaker 4: news and my attorney. You know, he has a pretty

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Speaker 4: good gift for memorable quotes, not using any notes either. Now,

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Speaker 4: the ACLU wait in calling the deputy's lawsuits nothing short

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Speaker 4: of absurd, arguing that public officials cannot weaponize courts to

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Speaker 4: suppress criticism.

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Speaker 1: It's really fat. Here is part of the news interview

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Speaker 1: had freedom of speech.

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Speaker 5: I should be allowed to sing about my life and

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Speaker 5: police officers that violate my home steal my money should

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Speaker 5: not be allowed to sue me.

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Speaker 6: In August of twenty twenty two, Adams County deputies rated

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Speaker 6: the home of Joseph Foreman, better known as the rapper Afroman.

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Speaker 6: They had a search warrant tied to an investigation into

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Speaker 6: possible drugs and kidnapping victims.

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Speaker 5: They didn't charge me for any crimes. They didn't find

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Speaker 5: no large amounts of marijuana or whatever narcotic they were saying.

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Speaker 5: They didn't find any kidnapping victims.

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Speaker 6: Afroman was never charged with a crime. After the raid,

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Speaker 6: deputy sees thousands of dollars in cash that was later returned,

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Speaker 6: but Afroman says about four hundred.

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Speaker 1: Dollars was never recovered.

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Speaker 6: The raid also left damage throughout his home, and he

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Speaker 6: says the department told him it was not responsible for

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Speaker 6: paying for the repairs.

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Speaker 5: But God started laughing and waddling his head. He goes,

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Speaker 5: you're in that required to do that, and they were unapologetic.

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Speaker 6: Afroman used his own security footage from the raids in

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Speaker 6: a music video to make money to pay for the damages.

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Speaker 1: Sustained to his home.

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Speaker 5: I got freedom of speech, and then I use my

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Speaker 5: personal life to write my music. I was gonna clean

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Speaker 5: my room, but then I got will you help me

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Speaker 5: repair my gate? Will you help me repair my door?

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Speaker 5: I'm singing about what actually happened to me.

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Speaker 6: Deputies who appear in the video are now suing the

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Speaker 6: Wrapper for the damages caused by their faces being in

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Speaker 6: the videos.

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Speaker 5: Hey, we raid your house, we steal your money, we

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Speaker 5: disconnect your cameras. Now we need to sue you for

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Speaker 5: saying something about it.

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Speaker 6: Afroman filed a countersuit for the damages to his home,

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Speaker 6: and Judge Jonathan Hines dismissed those charges in February.

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Speaker 5: They dismissed all of my claims with the click of

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Speaker 5: a mouse in some little office somewhere without a hearing.

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Speaker 6: Afroman believes this lawsuit violates his free speech rights as

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Speaker 6: an American and as a working artist in the United States.

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Speaker 5: As a working wrapper that wraps for a living and

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Speaker 5: pays taxes to America with rap money. I need raw materials.

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Speaker 5: Raw materials is my life experience.

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Speaker 4: Can argue that, can you can argue that at all?

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Speaker 4: The jury didn't agonize. It took less than a day

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Speaker 4: for this panel in the Adams County Common Police Court

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Speaker 4: to find Afroman not liable on any of the thirteen

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Speaker 4: claims made against him. The judge, Jonathan Behind said this,

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Speaker 4: in all circumstances the jury finds in favor of the defendant,

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Speaker 4: no plane of verdict prevailed, so the matter would be

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Speaker 4: concluded with defense verdicts. And course afro Man breaks down

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Speaker 4: into tears. Then he composed himself and he went outside

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Speaker 4: and he said, we did it America. Yeah, we did it.

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Speaker 4: Freedom of speech, Ride on, ride on. But his most pointed.

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Speaker 1: Statement came in a post verdict interview. Good morning, Michael.

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Speaker 7: I understand that there is a groundswell of movement by

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Speaker 7: political activists to rename all things in the US, from

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Speaker 7: Caesar Shadez to Keutsen Chong.

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Speaker 4: Yeah, they're canceling him faster than you can possibly imagine.

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Speaker 4: And what I find interesting is I'm not going to

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Speaker 4: go down this rabbit hole right now because i'ven't resoarched

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Speaker 4: it enough. But I'm not sure I buy the allegations.

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Speaker 4: Oh I think maybe she had some love children, but

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Speaker 4: I'm not so sure that it was non consensual.

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Speaker 1: Let's just put it that way.

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Speaker 4: But let me get back to this case, because there

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Speaker 4: truly is a legal significance here, and I want you

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Speaker 4: to understand why this case actually matters. Set aside all

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Speaker 4: the humor, because underneath all the jokes about you know,

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Speaker 4: the pound cake in the American flag suit is a

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Speaker 4: genuinely good First Amendment ruling. Legal experts will tell you

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Speaker 4: that this verdict protects artists, comedians, musicians, creators who use

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Speaker 4: satire and mockery to criticize government conduct.

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Speaker 1: And more importantly, if you are.

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Speaker 4: A public official, you face a higher burden to prove

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Speaker 4: defamation when dealing with what are clearly exaggerated artistic content.

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Speaker 4: So the core legal principle is well established, always worth

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Speaker 4: Relitigating public officials, particularly law enforcement officials conducting official duties

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Speaker 4: absolutely qualifies you face a substantially higher bar to prove

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Speaker 4: defamation that I would as a private citizen. You would

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Speaker 4: have to demonstrate not just the statements were false and damaging,

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Speaker 4: but the speaker knew they were false, or the speaker

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Speaker 4: acted with reckless disregard for the truth. Now compare that

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Speaker 4: to satire and artistic exaggeration, which almost by its very definition,

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Speaker 4: will not meet that higher standard because no reasonable person

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Speaker 4: would interpret them as literal factual claims. So in a

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Speaker 4: Rappers things that a coup wanted to put his gun

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Speaker 4: down and eat some cake, nobody thinks that's some sort

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Speaker 4: of sworn affidavit. When you imply that the sergeist's wife

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Speaker 4: is sleeping with a defendant is pointed out as mockery.

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Speaker 4: Even the pedophilia thing is obviously mockery. And I'll think Afroman,

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Speaker 4: his lawyer, framed the causation issue clearly. If they had

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Speaker 4: not wrongly rated, if they not wrongly rated my house,

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Speaker 4: there would be no lawsuit. I would not even know

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Speaker 4: their name, they would not be on my home surveillance system,

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Speaker 4: and there would be no songs, and all of my

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00:23:06,480 --> 00:23:10,520
Speaker 4: money would still be intact. Now that's what US lawyers

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00:23:10,560 --> 00:23:16,359
Speaker 4: called but for causation, and Afroman said it with more

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Speaker 4: clarity than most lawyers do when they file briefs about this.

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Speaker 4: So the bottom line is pretty simple. Seven deputy suitor

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Speaker 4: Rapper for three point nine million dollars because they didn't

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Speaker 4: like how he reacted to him kicking down his door,

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Speaker 4: finding nothing, taking his money. All they testified about hurt

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Speaker 4: feelings and crying children. They asked a jury to award

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Speaker 4: them life changing money for the emotional toll of being

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Speaker 4: mocked on the internet. The jury said no on all

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Speaker 4: thirteen counts, and in less than a day, Afroman celebrated

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Speaker 4: the win with fans waiting outside the courthouse. The man

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Speaker 4: who gave us now, I find it funny, Gig that

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Speaker 4: you send me a text and say, don't you know

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Speaker 4: this is the guy that wrote the famous Because I.

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Speaker 1: Got High song.

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Speaker 4: I'm sorry this was not on my playlist, and that

400
00:24:07,400 --> 00:24:10,760
Speaker 4: was more than two decades ago. Just gave us something

401
00:24:10,800 --> 00:24:15,840
Speaker 4: I think more enduring, A clean, unambiguous jury verdict that

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Speaker 4: says public officials, so politicians, cops, city councilmen of all

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Speaker 4: so I mean politicians of all sort. You can't use

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Speaker 4: the courthouse as a weapon to silence people who criticize you,

405
00:24:32,840 --> 00:24:35,960
Speaker 4: even when that criticis incomes set to a beat that

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Speaker 4: features AI generated, absurdist inner imagery and includes some very

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Speaker 4: point of speculation about your personal life. We still have

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Speaker 4: freedom of speech and a jury and Adams County, Ohio

409
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Speaker 4: just confirmed it. And somewhere a lemon pound cake sits

410
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Speaker 4: under a glass dome, unbothered and stilled. Deli so now

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Speaker 4: I fully understand why Adams County, Colorado, which I don't

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Speaker 4: understand why other than the fact that Adams County, Ohio

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Speaker 4: got their butts beat, Yes and rightfully, so I would

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Speaker 4: suggest that Adams County, Colorado might want to pay attention

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Speaker 4: to what's going on in Adams County, Ohio because they

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Speaker 4: just learned a very valuable legal lesson.