WEBVTT - Sean 'Diddy' Combs Cleared of Top Charges

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<v Speaker 1>This is Bloomberg Law, with June Grossel from Bloomberg Radio.

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<v Speaker 2>After more than six weeks of sometimes graphic and emotional testimony,

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<v Speaker 2>the jury deliberated about thirteen hours before acquitting Sean Diddy

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<v Speaker 2>Comb's of the most serious charges against him, racketeering, conspiracy,

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<v Speaker 2>and sex trafficking charges relating to allegations that he used

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<v Speaker 2>his money, power and physical force to manipulate his girlfriends

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<v Speaker 2>into hundreds of drug fueled sex marathons. The jury only

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<v Speaker 2>convicted Combs of the lesser charge of transportation to engage

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<v Speaker 2>in prostitution, so instead of facing a life sentence, Combs

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<v Speaker 2>is facing a maximum prison sentence of ten years and

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<v Speaker 2>likely much less than that. After the verdict was read,

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<v Speaker 2>Combs put his hands together and mouthed thank you to

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<v Speaker 2>the jurors. He got down on his knee, his head bowed,

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<v Speaker 2>apparently in prayer. As the jurors left the courtroom, his

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<v Speaker 2>relatives in the audience applauded him and his lawyers, some

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<v Speaker 2>of whom had tears in their eyes as he was

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<v Speaker 2>led out of court. My guest is former federal prosecutor

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<v Speaker 2>Robert Mintz, a partner maccarter in English. Bob apparently, Combs,

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<v Speaker 2>his relatives, and his lawyers all thought that this was

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<v Speaker 2>a win, despite the fact that he is facing some

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<v Speaker 2>prison time.

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<v Speaker 3>Given the charges he was potentially facing, which included up

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<v Speaker 3>to life in prison for the racketeering conspiracy and a

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<v Speaker 3>minimum sentence of fifteen years to life for sex trafficking,

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<v Speaker 3>the fact that he was only convicted of two counts

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<v Speaker 3>of transportation to engaging prostitution can't be viewed as anything

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<v Speaker 3>other than a win by the defense and a bitter

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<v Speaker 3>loss for prosecutors.

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<v Speaker 2>Let's go through the charges. So the top count racketeering conspiracy,

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<v Speaker 2>and the charge has historical life been used to take

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<v Speaker 2>down mob bosses like John Gotti. Did the prosecutors overcharge

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<v Speaker 2>him with this count?

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<v Speaker 3>Well, I think that's going to be the question that

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<v Speaker 3>prosecutors will have to ask themselves when they look back

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<v Speaker 3>on this case, whether or not it was overcharged with

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<v Speaker 3>the Rico conspiracy. Now, the Rico conspiracy, as you say,

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<v Speaker 3>has been used traditionally in order to prosecute organized crime figures,

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<v Speaker 3>but it has been used more broadly in recent years

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<v Speaker 3>and was used in a high profile case just a

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<v Speaker 3>couple of years ago in the r. Kelly case where

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<v Speaker 3>that hip hop artist was also charged with rico and

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<v Speaker 3>sex trafficking in twenty twenty one, and in that instance

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<v Speaker 3>prosecutors did get a conviction. But here jurors ultimately concluded

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<v Speaker 3>that the rico conspiracy was overcharged, that the prosecution did

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<v Speaker 3>not meet the burden of showing that Sean Combs had

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<v Speaker 3>used his business empire as a vehicle in order to

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<v Speaker 3>commit further out at and in order to force his

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<v Speaker 3>former girlfriends into performing sexual acts against their will.

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<v Speaker 2>Bob, when a prosecutor overcharges, does that give the defense

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<v Speaker 2>an opening to, you know, to get the jury to

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<v Speaker 2>doubt the whole case, that it's all exaggerated.

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<v Speaker 3>Well, that's ultimately where this case turned. It was really

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<v Speaker 3>an argument by the defense that although mister Combe had

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<v Speaker 3>committed some abhorrent acts, they had the video of him

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<v Speaker 3>picking Passi Ventura by the elevator bank out in Beverly

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<v Speaker 3>Hills that was undeniably bad behavior and painted mister Combs

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<v Speaker 3>in a very negative light. But when that was held

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<v Speaker 3>up against the more serious charges of racketeering conspiracy, which

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<v Speaker 3>included certain criminal acts such as forced labor, bribery, obstruction

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<v Speaker 3>of justice, all of that was thrown in and basically

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<v Speaker 3>prosecutors were staying that he uses vast empire that he

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<v Speaker 3>built up over many years simply as a means of

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<v Speaker 3>forcing these ex girlfriends to continue to perform these sexual

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<v Speaker 3>acts against their will, and all the while they were

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<v Speaker 3>coerced into doing this. The defense was able to effectively

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<v Speaker 3>pick that apart by showing text messages from both of

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<v Speaker 3>the victims which at various times suggested that they had

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<v Speaker 3>participated in these acts willfully, that they were not coerced,

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<v Speaker 3>that they could have left but chose not to, And

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<v Speaker 3>ultimately I think that was the downfall for the prostitution's case.

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<v Speaker 3>It really ultimately turned on whether they believed that the

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<v Speaker 3>victims were actually trapped in this relationship and had no

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<v Speaker 3>way out and were literally forced to commit these acts,

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<v Speaker 3>or whether this is more complex than that, and the

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<v Speaker 3>defense was able to show that these relationships, while toxic,

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<v Speaker 3>while not healthy, and while it involved bad behavior by

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<v Speaker 3>mister Holmes, didn't rise to the level of racketeering conspiracy.

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<v Speaker 2>The jury said yesterday afternoon that it was unable to

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<v Speaker 2>reach a verdict, a unanimous verdict on the racketeering conspiracy

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<v Speaker 2>charge because there were jurors with unpersuadable views on both sides.

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<v Speaker 2>But today, after an hour of deliberations, they came to

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<v Speaker 2>a unanimous verdict on that charge. Do you think that

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<v Speaker 2>with the long weekend ahead, the jurors who wanted to

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<v Speaker 2>convict on that charge sort of caved.

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<v Speaker 3>Well, it's impossible to know really what goes on in

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<v Speaker 3>the jury room. You don't know the dialogue between and

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<v Speaker 3>among the jurors, the conversations that are going on. But

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<v Speaker 3>it did seem like the fact that they were stuck

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<v Speaker 3>on this most serious charge suggested to at least some

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<v Speaker 3>observers that they found a guilty verdict on some of

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<v Speaker 3>the lesser charges, including perhaps the sex trafficking. But it

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<v Speaker 3>turned out that they only convicted on the most minor charges,

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<v Speaker 3>and they did reach a decision before the long holiday weekend.

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<v Speaker 3>That's not unusual. Juries like to go home for weekends.

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<v Speaker 3>They like to put this case behind them. But on

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<v Speaker 3>the other hand, when you were the prosecution, you're sitting

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<v Speaker 3>there thinking that was a seven week trial. We produced

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<v Speaker 3>over thirty witnesses, and the fact that juris came back

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<v Speaker 3>in only two days with a verdict suggested that they

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<v Speaker 3>moved very quickly through this process looking at the evidence

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<v Speaker 3>and reaching a verdict in a way that prosecutors are

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<v Speaker 3>certainly disappointed with.

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<v Speaker 2>So the two sex trafficking acquittals which stem from allegations

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<v Speaker 2>that Combs coerced to women his former girlfriend, Cassie Ventur

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<v Speaker 2>and a Jane Doe into these so called freak offs,

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<v Speaker 2>and Ventura testified over four days some very emotional testimony.

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<v Speaker 2>I mean, you refer to this, but did the jurors

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<v Speaker 2>just not believe her?

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<v Speaker 3>It's hard to say exactly what they were thinking. That

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<v Speaker 3>testimony was compelling, That testimony had to be very emotional

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<v Speaker 3>for juris to it through, and yet at the end

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<v Speaker 3>of the day they did not believe that she was

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<v Speaker 3>necessarily compelled to participate in commercial sex acts through force, fraud,

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<v Speaker 3>and coercion. The key here is there has to be

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<v Speaker 3>a link between the force, the fraud, and the coercion

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<v Speaker 3>and the acts of sex, and I think at the

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<v Speaker 3>end of the day the evidence was just not clear

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<v Speaker 3>enough for them to meet that burden. Remember, prosecutors have

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<v Speaker 3>to prove in their case beyond a reasonable doubt. Anything

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<v Speaker 3>less than that will result in an acquittal, as we

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<v Speaker 3>saw here.

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<v Speaker 2>And sex trafficking did the charges even fit the facts here?

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<v Speaker 2>Aren't people usually charged with sex trafficking when it's unrelated people,

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<v Speaker 2>not people in long term relationships like these women in Combs.

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<v Speaker 3>Yeah, that was I think one of the problems too,

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<v Speaker 3>because the victims here were involved in these long term relationships,

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<v Speaker 3>and they had written many messages, emails, text messages, other

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<v Speaker 3>writings evidencing their love for mister Combs at various times.

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<v Speaker 3>The fact that they willingly participated in some of these acts,

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<v Speaker 3>the fact that they did things in order to please him,

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<v Speaker 3>and the fact fact that after some of these sessions

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<v Speaker 3>they texted him saying that they enjoyed them. And I

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<v Speaker 3>think it was very difficult for jurors to necessarily conclude

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<v Speaker 3>that all of this was done against their will, that

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<v Speaker 3>none of it was consensual. And as you say, June,

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<v Speaker 3>it's a situation where the sex trafficking charge is typically

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<v Speaker 3>brought in an instance where the perpetrator does not have

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<v Speaker 3>a relationship with the victim. Here there was a long

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<v Speaker 3>term relationship, one that was very complicated, and also one

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<v Speaker 3>in which the victims had benefited financially from their relationship

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<v Speaker 3>with mister Combs. So it became I think very difficult

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<v Speaker 3>for jurors to sort out the true nature of those relationships.

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<v Speaker 3>I don't think they necessarily disbelieved the victims, but I

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<v Speaker 3>think they ultimately concluded that the fact as presented to

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<v Speaker 3>them in court did not meet the elements of the

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<v Speaker 3>sex trafficking charges.

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<v Speaker 2>So you mentioned the financial settlements. Ventura got thirty million

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<v Speaker 2>dollars from Comb's and hotel, and that was used by

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<v Speaker 2>the defense attorney in his closing statements. He called her

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<v Speaker 2>a winner. And I'm wondering how much a huge settlement

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<v Speaker 2>like that might affect a jury's view of a witness.

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<v Speaker 3>I think it had to affect them, and I don't

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<v Speaker 3>think it necessarily meant that jurors didn't believe what she

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<v Speaker 3>was saying, But I think it fed into the defense's

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<v Speaker 3>narrative that this was a complicated relationship, that the relationship

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<v Speaker 3>was toxic. But at the end of the day, there

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<v Speaker 3>was responsibility by both parties that created this toxic relationship,

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<v Speaker 3>and they ultimately could not conclude that mister Combs should

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<v Speaker 3>be convicted of this very serious charge based on a

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<v Speaker 3>record that was unclear at best.

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<v Speaker 2>He was convicted. He was He was convicted of two

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<v Speaker 2>counts of transportation to engage in prostitution. That stems from

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<v Speaker 2>allegations that he paid sex workers to come to his

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<v Speaker 2>freak off parties. Tell us about that. That's a felony

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<v Speaker 2>violation of the Federal Man Act.

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<v Speaker 3>These were the charges that were really easiest for prosecutors

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<v Speaker 3>to prove, because all they have to show is that

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<v Speaker 3>individual's cross state lines with the intent to engage in prostitution.

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<v Speaker 3>And there was plenty of evidence presented at the trial

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<v Speaker 3>that mister Colms had made arrangements for these male prostitutes

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<v Speaker 3>to meet with his girlfriends. He'd bought plane tickets, there

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<v Speaker 3>were credit card statements, there were hotel records. These were

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<v Speaker 3>the charges that prosecutors were able to prove fairly readily,

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<v Speaker 3>and there wasn't really much of a defense to them.

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<v Speaker 3>I think the defense strategy was to focus on the

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<v Speaker 3>more serious charges, which they ultimately succeeded in convincing jurors

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<v Speaker 3>to quit their client on Bob.

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<v Speaker 2>I'm wondering because the jurors found him guilty of the

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<v Speaker 2>lowest count, whether some jurors thought this case is overcharge,

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<v Speaker 2>let's go for the lowest count, or whether they took

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<v Speaker 2>each charge and considered each one on its own merits.

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<v Speaker 3>One thing that you do see sometimes behind the curtains

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<v Speaker 3>in jury deliberations is what it's called a compromised verdict. Now,

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<v Speaker 3>there's no way to know whether that happened here or not,

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<v Speaker 3>but you do sometimes have jurors on one side who

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<v Speaker 3>want to convict on all counts, jurors on the other

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<v Speaker 3>side who may want to acquit, and ultimately they may

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<v Speaker 3>compromise by convicting on some but not all counts. We

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<v Speaker 3>don't really know whether that happened here, and I'm not

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<v Speaker 3>suggesting that it necessarily did, but that is a phenomenon

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<v Speaker 3>that happened sometimes. We don't know whether that was going

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<v Speaker 3>on here or whether jurors simply went through these counts

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<v Speaker 3>count by count And we're convinced that the sex trafficking

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<v Speaker 3>and the rico conspiracy charges were just as you said, June,

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<v Speaker 3>over charge and did not apply the fact of the case.

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<v Speaker 2>Stay with me, Bob. Coming up next on the Bloomberg

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<v Speaker 2>Laws Show, I'll continue this conversation with former federal prosecutor

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<v Speaker 2>Robert Mintz. We'll talk about the defense strategy and how

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<v Speaker 2>it won the jurors over despite not presenting any witnesses.

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<v Speaker 2>I'm June Grosso and you're listening to Bloomberg. Sean did

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<v Speaker 2>he Combs dropped to his knees and prayed in the

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<v Speaker 2>courtroom after he was acquitted today of sex trafficking and

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<v Speaker 2>racketeering charges that could have put him behind bars for life.

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<v Speaker 2>The hip hop mogul was convicted of lesser prostitution related offenses.

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<v Speaker 2>He still faces prison time, but likely much much less

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<v Speaker 2>than the ten year maximum. I've been talking to former

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<v Speaker 2>federal prosecutor Robert Mintz, a partner Macarter in english Combe's defense.

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<v Speaker 2>Did it take a huge risk by deciding not to

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<v Speaker 2>put on any witnesses at all and to rely on

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<v Speaker 2>the cross examinations of the prosecution's witnesses, which sometimes went

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<v Speaker 2>on longer than the direct examinations.

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<v Speaker 4>No.

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<v Speaker 3>I think from the very start the defense strategy was

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<v Speaker 3>always to win their case through cross examination. I think

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<v Speaker 3>they correctly sized the case up and knew that it

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<v Speaker 3>was going to turn on the testimony of the two

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<v Speaker 3>victims and how compelling they were, and that by adding

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<v Speaker 3>witnesses for the defense it was only going to complicate

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<v Speaker 3>the case and create a more complex narrative for them

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<v Speaker 3>to have to convince cures ask exactly what was going

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<v Speaker 3>on here. They wanted the case ultimately to be about

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<v Speaker 3>these two victims and to show that the relationship that

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<v Speaker 3>they were in with mister Colmbs over many years was

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<v Speaker 3>one in which they gained financially, one in which they

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<v Speaker 3>willingly participated. In no doubt, they were ups and downs

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<v Speaker 3>in those relationships, and there were some domestic violence that

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<v Speaker 3>went on, and the defense readily admitted that. But the

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<v Speaker 3>question is did it really rise to the level of

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<v Speaker 3>racketeering conspiracy. Defense placed a large set that the jurors

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<v Speaker 3>would ultimately answer that question in the negative, and ultimately

0:14:06.160 --> 0:14:06.760
<v Speaker 3>they prevailed.

0:14:07.320 --> 0:14:11.000
<v Speaker 2>The defense also took the tact of saying, you're not

0:14:11.040 --> 0:14:14.120
<v Speaker 2>going to like him. He is a drug user, he's

0:14:14.160 --> 0:14:17.880
<v Speaker 2>guilty of domestic violence, but he's not a sex trafficker.

0:14:18.280 --> 0:14:20.720
<v Speaker 2>And the women were willing participants.

0:14:21.360 --> 0:14:24.960
<v Speaker 3>Make no mistake, the defense had a tall order here

0:14:25.080 --> 0:14:28.760
<v Speaker 3>because they were presenting a defendant to the jury who

0:14:28.840 --> 0:14:32.200
<v Speaker 3>was not necessarily all that likable, a defendant who engaged

0:14:32.200 --> 0:14:36.160
<v Speaker 3>in some reprehensible conduct, who was on video beating up

0:14:36.160 --> 0:14:41.560
<v Speaker 3>his girlfriend, who at times had used controlling and threatening language,

0:14:41.640 --> 0:14:44.840
<v Speaker 3>so he wasn't particularly likable. In the way he was

0:14:44.880 --> 0:14:47.280
<v Speaker 3>presented to the jury, which is why I think they

0:14:47.320 --> 0:14:50.120
<v Speaker 3>decided ultimately to not have him take the stand. But

0:14:50.280 --> 0:14:53.040
<v Speaker 3>the focus of the case from the defense standpoint was

0:14:53.080 --> 0:14:56.120
<v Speaker 3>going to be more on the victims and really trying

0:14:56.160 --> 0:15:00.400
<v Speaker 3>to show jurors that the government had overcharged this case.

0:15:00.600 --> 0:15:04.960
<v Speaker 3>They presented this as a case of lifestyle versus criminality,

0:15:05.360 --> 0:15:09.120
<v Speaker 3>and ultimately all those of the lifestyle that I doubt

0:15:09.200 --> 0:15:12.880
<v Speaker 3>many jurors could really relate to. It was something that

0:15:12.920 --> 0:15:15.720
<v Speaker 3>they were willing to accept in the sense that they

0:15:15.720 --> 0:15:18.240
<v Speaker 3>did not believe that much of the conduct that the

0:15:18.280 --> 0:15:20.560
<v Speaker 3>government had put on during the course of the trial

0:15:20.760 --> 0:15:22.160
<v Speaker 3>amounted to criminal conduct.

0:15:22.520 --> 0:15:25.040
<v Speaker 2>Yeah. I mean, so the government pulled out all the stops,

0:15:25.080 --> 0:15:27.880
<v Speaker 2>they had all kinds of witnesses. Do you think they

0:15:27.920 --> 0:15:31.640
<v Speaker 2>did something wrong or they missed something, or was just

0:15:31.800 --> 0:15:33.480
<v Speaker 2>a question of overcharging.

0:15:34.040 --> 0:15:36.800
<v Speaker 3>I think from the very beginning this was going to

0:15:36.840 --> 0:15:41.240
<v Speaker 3>be a difficult case for prosecutors, and prosecutors really bet

0:15:41.280 --> 0:15:44.520
<v Speaker 3>the entire case on the testimony of their victims. They

0:15:44.520 --> 0:15:47.360
<v Speaker 3>were hoping that these victims would come across as credible.

0:15:47.600 --> 0:15:50.600
<v Speaker 3>I think they were hoping that in this day and age,

0:15:51.040 --> 0:15:54.560
<v Speaker 3>jurors would be sensitive to the fact that there can't

0:15:54.600 --> 0:15:59.760
<v Speaker 3>be abusive relationships where women are assaulted but don't necessarily

0:16:00.120 --> 0:16:03.040
<v Speaker 3>leave their partners, and that doesn't mean that the acts

0:16:03.040 --> 0:16:06.200
<v Speaker 3>were consensual. There was a lot of complexity here that

0:16:06.240 --> 0:16:10.160
<v Speaker 3>I think the prosecution was hoping that curs could sort out,

0:16:10.560 --> 0:16:14.000
<v Speaker 3>and it simply turned out that yours were not buying

0:16:14.280 --> 0:16:17.040
<v Speaker 3>everything the government was trying to argue in terms of

0:16:17.160 --> 0:16:21.080
<v Speaker 3>who mister Combs was and what kind of criminality he

0:16:21.200 --> 0:16:22.200
<v Speaker 3>ultimately engaged in.

0:16:22.880 --> 0:16:26.080
<v Speaker 2>So technically he faces ten years on each of the

0:16:26.320 --> 0:16:30.680
<v Speaker 2>transporting counts, but realistically, how much time do you think

0:16:30.720 --> 0:16:31.760
<v Speaker 2>the judge will give him.

0:16:32.160 --> 0:16:34.440
<v Speaker 3>Well, the judge is certainly going to take into account

0:16:34.480 --> 0:16:36.640
<v Speaker 3>the fact that mister Combs has already been in jail

0:16:36.800 --> 0:16:38.800
<v Speaker 3>for about a year, and he'll get credit for that

0:16:39.000 --> 0:16:43.320
<v Speaker 3>time serves. In terms of the two counts conviction, it's

0:16:43.400 --> 0:16:47.280
<v Speaker 3>highly likely that those will run concurrently, which means they

0:16:47.320 --> 0:16:49.480
<v Speaker 3>will run at the same time, so he won't be

0:16:49.520 --> 0:16:53.560
<v Speaker 3>facing twenty years. Really, the maximum sentence here will be ten,

0:16:53.880 --> 0:16:56.000
<v Speaker 3>but I don't think he'll even get that. The Federal

0:16:56.080 --> 0:16:59.800
<v Speaker 3>sentence in guidelines, which give judges guidance as to what

0:17:00.000 --> 0:17:02.240
<v Speaker 3>type of sentence they should hand down are going to

0:17:02.280 --> 0:17:04.959
<v Speaker 3>come out much lower than the ten years. And at

0:17:04.960 --> 0:17:06.439
<v Speaker 3>the end of the day here this is really up

0:17:06.520 --> 0:17:09.399
<v Speaker 3>to the judge. The judge has complete discretion, has to

0:17:09.440 --> 0:17:12.680
<v Speaker 3>decide what the appropriate sentence is here, and I think

0:17:12.880 --> 0:17:16.080
<v Speaker 3>that he will sentence mister Colmbs to some time in prison,

0:17:16.240 --> 0:17:18.400
<v Speaker 3>but it's not going to be anything close to ten years.

0:17:18.560 --> 0:17:21.160
<v Speaker 2>Do you think there's some added pressure on the judge

0:17:21.200 --> 0:17:24.840
<v Speaker 2>because of all the publicity this case has gotten, you know,

0:17:24.920 --> 0:17:28.400
<v Speaker 2>pressure not to let Combs off too lightly.

0:17:28.960 --> 0:17:31.800
<v Speaker 3>Well, the judge is not supposed to consider outside pressure

0:17:31.840 --> 0:17:33.800
<v Speaker 3>as you do. The judge is supposed to look at

0:17:33.800 --> 0:17:36.679
<v Speaker 3>the facts and all the circumstances. He sat through the trial,

0:17:36.800 --> 0:17:39.720
<v Speaker 3>he heard all the testimony, he heard from all the victims,

0:17:40.119 --> 0:17:42.639
<v Speaker 3>and he heard the defense arguments, and he has to

0:17:42.680 --> 0:17:45.800
<v Speaker 3>fashion a sentence that he believes is ultimately fair. But

0:17:45.840 --> 0:17:48.439
<v Speaker 3>I think as a practical matter, the judge can't ignore

0:17:48.440 --> 0:17:52.040
<v Speaker 3>the more serious charges that the defendant faced here and

0:17:52.160 --> 0:17:55.600
<v Speaker 3>the high publicity factor that was associated with this case.

0:17:55.880 --> 0:17:57.320
<v Speaker 3>So I think the judge is going to have to

0:17:57.359 --> 0:17:59.800
<v Speaker 3>balance all these factors, and I do think the judge

0:17:59.840 --> 0:18:02.800
<v Speaker 3>will sentenced mister Colmbs to some time in jail, but

0:18:02.920 --> 0:18:05.560
<v Speaker 3>they think it will be far less than the maximum

0:18:05.680 --> 0:18:08.000
<v Speaker 3>ten years that he's facing on each of the accounts.

0:18:08.240 --> 0:18:11.639
<v Speaker 2>Combs's lawyers said he'd likely face twenty one to twenty

0:18:11.680 --> 0:18:16.320
<v Speaker 2>seven months, but prosecutors said he'd likely face fifty one

0:18:16.400 --> 0:18:20.160
<v Speaker 2>to sixty three months, and he's already served nine months

0:18:20.240 --> 0:18:24.639
<v Speaker 2>because he's been jailed since his arrest. So we shall see.

0:18:24.760 --> 0:18:27.440
<v Speaker 2>But as you say, the final decision is the judges,

0:18:27.920 --> 0:18:31.280
<v Speaker 2>and the judge denied him bond and made the decision

0:18:31.359 --> 0:18:34.640
<v Speaker 2>to keep him in jail while he awaits sentencing.

0:18:35.480 --> 0:18:38.960
<v Speaker 3>The fact that the judge refused bail here and decided

0:18:39.040 --> 0:18:42.120
<v Speaker 3>to keep mister Combs in jail pending sentencing, I think

0:18:42.280 --> 0:18:46.320
<v Speaker 3>reflects the very serious nature of these charges. Even though

0:18:46.359 --> 0:18:49.720
<v Speaker 3>he was ultimately not convicted of the most serious charges,

0:18:49.880 --> 0:18:52.760
<v Speaker 3>He's alreays spent a year in jail. He'll get time

0:18:52.880 --> 0:18:56.560
<v Speaker 3>served for this additional time between the time of conviction

0:18:56.960 --> 0:19:01.640
<v Speaker 3>and his sentencing, so ultimately it doesn't really work against him.

0:19:01.920 --> 0:19:04.600
<v Speaker 3>But I think the judge here is trying to convey

0:19:04.760 --> 0:19:07.959
<v Speaker 3>the fact that although he was ultimately convicted only of

0:19:08.000 --> 0:19:12.080
<v Speaker 3>the two less serious charges, the judge still considers this

0:19:12.359 --> 0:19:15.879
<v Speaker 3>a very serious case and still considers the conduct for

0:19:16.640 --> 0:19:21.320
<v Speaker 3>which mister Colmes was convicted as serious conduct that creates

0:19:21.359 --> 0:19:22.600
<v Speaker 3>a danger to the community.

0:19:23.040 --> 0:19:26.280
<v Speaker 2>Thanks so much, Bob. That's Robert Mints of maccarter and

0:19:26.320 --> 0:19:29.879
<v Speaker 2>English and in other legal news today. In a courtroom

0:19:29.920 --> 0:19:34.360
<v Speaker 2>in Boise, Idaho, Ryan Colberger pleaded guilty to the brutal

0:19:34.440 --> 0:19:38.679
<v Speaker 2>stabbing deaths of four University of Idaho students in twenty

0:19:38.720 --> 0:19:42.320
<v Speaker 2>twenty two in order to avoid the death penalty. The

0:19:42.440 --> 0:19:47.200
<v Speaker 2>killings initially baffled law enforcement and unnerved the rural college

0:19:47.240 --> 0:19:51.240
<v Speaker 2>town of Moscow. Colberger was arrested in Pennsylvania, where his

0:19:51.359 --> 0:19:55.000
<v Speaker 2>parents lived, after investigators recovered a Q tip from the

0:19:55.040 --> 0:19:58.840
<v Speaker 2>garbage at his parents' house to match Colberger's DNA to

0:19:58.920 --> 0:20:03.159
<v Speaker 2>genetic material from a knife sheath found at the crime scene.

0:20:03.240 --> 0:20:06.440
<v Speaker 2>At the time, Colberger had just completed his first semester

0:20:06.840 --> 0:20:10.919
<v Speaker 2>as a graduate student in criminal justice at Washington State.

0:20:11.520 --> 0:20:15.440
<v Speaker 2>In the two years since his arrest, his attorneys unsuccessfully

0:20:15.440 --> 0:20:19.639
<v Speaker 2>attempted to bar prosecutors from seeking the death penalty and

0:20:19.800 --> 0:20:23.800
<v Speaker 2>challenged DNA evidence, but a plea deal was their final

0:20:23.880 --> 0:20:27.280
<v Speaker 2>alternative to spare his life. Before the start of a

0:20:27.320 --> 0:20:31.800
<v Speaker 2>trial in August Colberger remained impassive as Judge Stephen Hipler

0:20:31.920 --> 0:20:35.360
<v Speaker 2>questioned him, and he admitted to breaking into a rental

0:20:35.400 --> 0:20:38.920
<v Speaker 2>home through a kitchen sliding door and killing the four

0:20:39.000 --> 0:20:42.359
<v Speaker 2>friends who appeared to have no connection with him.

0:20:42.880 --> 0:20:48.040
<v Speaker 4>On November thirteenth, twenty twenty two, in Leyta County, State

0:20:48.040 --> 0:20:53.680
<v Speaker 4>of Idaho, kill and murder Madison Mogan a human being?

0:20:54.359 --> 0:20:54.679
<v Speaker 2>Yes?

0:20:55.200 --> 0:20:58.000
<v Speaker 4>And did you do that willfully and lawfully, deliberately and

0:20:58.040 --> 0:21:00.760
<v Speaker 4>with premeditation and melissauthorpe of poor thought?

0:21:01.000 --> 0:21:01.280
<v Speaker 2>Yes?

0:21:03.080 --> 0:21:06.800
<v Speaker 4>Did you Honor about that same date in Moscow, Idaho,

0:21:07.840 --> 0:21:10.720
<v Speaker 4>kill and murder Kayleie Gonzalez a human being?

0:21:11.359 --> 0:21:11.679
<v Speaker 1>Yes?

0:21:12.160 --> 0:21:15.520
<v Speaker 4>And did you do that wilfully, unlawfully, deliberately and with

0:21:15.760 --> 0:21:17.720
<v Speaker 4>premeditation and malicapport thought?

0:21:18.240 --> 0:21:18.560
<v Speaker 1>Yes?

0:21:20.080 --> 0:21:22.600
<v Speaker 4>And did you on that same date in Moscow, Idaho

0:21:23.040 --> 0:21:26.480
<v Speaker 4>kill and murder Xana Kernodle pardon me a human being?

0:21:27.240 --> 0:21:27.560
<v Speaker 2>Yes?

0:21:27.960 --> 0:21:30.639
<v Speaker 4>And did you do that wilfully and lawfully deliberately, with

0:21:30.720 --> 0:21:32.520
<v Speaker 4>premeditation and malicipport thought.

0:21:33.040 --> 0:21:33.359
<v Speaker 2>Yes?

0:21:34.880 --> 0:21:38.720
<v Speaker 4>And then on or about November thirteenth, twenty twenty two,

0:21:39.200 --> 0:21:43.320
<v Speaker 4>again in Leytoc County, Idaho, did you kill and murder

0:21:43.359 --> 0:21:44.879
<v Speaker 4>Ethan Chapin a human being?

0:21:45.280 --> 0:21:45.560
<v Speaker 2>Yes?

0:21:46.040 --> 0:21:49.560
<v Speaker 4>Did you do that willfully, unlawfully, deliberately, with premeditation and

0:21:49.600 --> 0:21:51.359
<v Speaker 4>malicapor thought yes.

0:21:51.920 --> 0:21:55.800
<v Speaker 2>Colberger will serve consecutive life sentences. At least one of

0:21:55.840 --> 0:21:59.159
<v Speaker 2>the families opposed the Plea deal, but others supported it,

0:21:59.440 --> 0:22:02.679
<v Speaker 2>saying they were ready to begin healing. The motive for

0:22:02.720 --> 0:22:06.720
<v Speaker 2>the murder remains unclear, and the murder weapon still has

0:22:06.760 --> 0:22:10.440
<v Speaker 2>not been found. I'm June Grosso. When you're listening to Bloomberg.

0:22:12.119 --> 0:22:16.400
<v Speaker 2>This week, the Trump administration said an investigation found that

0:22:16.640 --> 0:22:21.080
<v Speaker 2>Harvard University violated civil rights laws in its treatment of

0:22:21.160 --> 0:22:26.160
<v Speaker 2>Jewish and Israeli students, further endangering federal funding for the school.

0:22:26.960 --> 0:22:30.880
<v Speaker 2>This ramps up pressure on the country's oldest university, less

0:22:30.920 --> 0:22:33.879
<v Speaker 2>than two weeks after President Donald Trump said he was

0:22:33.960 --> 0:22:37.280
<v Speaker 2>nearing a deal with the school following months of attacking it.

0:22:37.640 --> 0:22:41.800
<v Speaker 2>Harvard said it strongly disagrees with the government's findings and

0:22:41.920 --> 0:22:45.879
<v Speaker 2>said it has made significant strides to combat bigotry, hate

0:22:45.920 --> 0:22:49.600
<v Speaker 2>and bias and remains committed to ensuring that Jewish and

0:22:49.720 --> 0:22:54.119
<v Speaker 2>Israeli students can thrive on campus. My guest is Ken Marcus,

0:22:54.400 --> 0:22:58.040
<v Speaker 2>the founder, chairman and CEO of the Brandeis Center. He

0:22:58.200 --> 0:23:01.960
<v Speaker 2>was the Assistant Secretary of Education for Civil Rights during

0:23:02.000 --> 0:23:05.919
<v Speaker 2>the first Trump administration, tell us about the allegations of

0:23:06.000 --> 0:23:07.600
<v Speaker 2>the Trump administration here.

0:23:08.400 --> 0:23:12.679
<v Speaker 1>The Trump administration is alleging that Harvard violated Title six

0:23:12.760 --> 0:23:16.120
<v Speaker 1>of the Civil Rights Act of nineteen sixty four by

0:23:16.440 --> 0:23:21.000
<v Speaker 1>tolerating a hostile environment for Jewish students. Title six is

0:23:21.080 --> 0:23:26.639
<v Speaker 1>the key federal civil rights statute that provides protection for

0:23:26.960 --> 0:23:32.520
<v Speaker 1>students at federally assisted programs and activities against discrimination on

0:23:32.560 --> 0:23:35.280
<v Speaker 1>the basis of race, color, or national origin.

0:23:35.960 --> 0:23:39.960
<v Speaker 2>So Harvard disputes the government's accounts, and it has said

0:23:40.119 --> 0:23:44.600
<v Speaker 2>several times in different settings that it has worked to

0:23:44.960 --> 0:23:46.600
<v Speaker 2>combat anti semitism.

0:23:47.320 --> 0:23:50.280
<v Speaker 1>Harvard has promised to take a number of steps to

0:23:50.359 --> 0:23:54.439
<v Speaker 1>address anti semitism, including in particular in their settlement with

0:23:54.760 --> 0:23:59.560
<v Speaker 1>my organization, the Louis Dei Brandeis Center. Those steps included,

0:23:59.640 --> 0:24:06.000
<v Speaker 1>for example, adopting the International Holocaust Remembrance Alliance Working Definition

0:24:06.040 --> 0:24:09.040
<v Speaker 1>of anti Semitism. That's a major step, and it suggests

0:24:09.040 --> 0:24:12.959
<v Speaker 1>that Harvard is willing to use the standard that is

0:24:13.000 --> 0:24:17.120
<v Speaker 1>considered to be the gold standard for assessing anti semitism.

0:24:17.600 --> 0:24:20.119
<v Speaker 1>But Harvard certainly hasn't done all of the things that

0:24:20.600 --> 0:24:24.560
<v Speaker 1>advocates are urging, and there is room for improvement, to

0:24:24.640 --> 0:24:25.440
<v Speaker 1>be sure.

0:24:25.720 --> 0:24:28.480
<v Speaker 2>Tell us about that. What more you'd like to see.

0:24:28.560 --> 0:24:31.440
<v Speaker 1>There are certainly things that Harvard can do to improve

0:24:31.480 --> 0:24:34.840
<v Speaker 1>its disciplinary process. There are things that it can do

0:24:35.119 --> 0:24:40.440
<v Speaker 1>to address the use of masks and protests. Harvard could

0:24:40.440 --> 0:24:43.320
<v Speaker 1>do more to address the kind of shunning of Jewish

0:24:43.320 --> 0:24:49.040
<v Speaker 1>and Israeli students that the task force has identified. There

0:24:49.040 --> 0:24:52.359
<v Speaker 1>are certainly lots of things that Harvard can do that

0:24:52.440 --> 0:24:55.840
<v Speaker 1>it hasn't yet committed to doing, and we'll see what

0:24:55.920 --> 0:24:58.800
<v Speaker 1>it does or doesn't do. But it certainly doesn't hurt

0:24:58.840 --> 0:25:02.600
<v Speaker 1>to have some pressure coming from outside sources like the

0:25:02.600 --> 0:25:03.400
<v Speaker 1>federal government.

0:25:03.720 --> 0:25:06.399
<v Speaker 2>Harvard has said that the government in this case failed

0:25:06.480 --> 0:25:11.639
<v Speaker 2>to follow procedures for terminating funding over alleged violations of

0:25:11.760 --> 0:25:16.080
<v Speaker 2>Title six. Could that lead to dismissal of these allegations

0:25:16.160 --> 0:25:17.200
<v Speaker 2>by the administration.

0:25:17.760 --> 0:25:21.240
<v Speaker 1>It really makes sense that Harvard will argue that the

0:25:21.280 --> 0:25:25.160
<v Speaker 1>federal government didn't follow the steps that are usually required.

0:25:25.520 --> 0:25:30.040
<v Speaker 1>I think that the federal government's recent findings of violation

0:25:30.320 --> 0:25:34.200
<v Speaker 1>from the Department of Health and Human Services was intended

0:25:34.240 --> 0:25:37.840
<v Speaker 1>in part to cure any potential deficiencies to dot the

0:25:37.880 --> 0:25:41.720
<v Speaker 1>eyes and cross the t's Whether the court would find

0:25:41.840 --> 0:25:48.200
<v Speaker 1>that the procedural irregularities rose to a level that provides

0:25:48.240 --> 0:25:50.520
<v Speaker 1>a defense for Harvard is something that we will just

0:25:50.600 --> 0:25:52.400
<v Speaker 1>have to see and what would.

0:25:52.160 --> 0:25:56.240
<v Speaker 2>Be the penalty for these alleged violations of Title six

0:25:56.320 --> 0:25:56.960
<v Speaker 2>if proven.

0:25:57.520 --> 0:26:03.080
<v Speaker 1>One could certainly see additional loss of federal funds from

0:26:03.280 --> 0:26:10.520
<v Speaker 1>Harvard University. We could also see additional lawsuits from students, faculty, alumni,

0:26:10.720 --> 0:26:14.760
<v Speaker 1>and others. There are lots of different remedies that could

0:26:14.800 --> 0:26:18.639
<v Speaker 1>come into play, and it would be a significant stain

0:26:18.760 --> 0:26:22.280
<v Speaker 1>on the reputation of what has been, over the years,

0:26:22.400 --> 0:26:24.760
<v Speaker 1>one of our most prestigious institutions.

0:26:25.600 --> 0:26:31.000
<v Speaker 2>The Trump administration initially accused Harvard of fostering anti Semitism,

0:26:31.080 --> 0:26:36.440
<v Speaker 2>but the attack has expanded to include accusations of political

0:26:36.520 --> 0:26:42.840
<v Speaker 2>bias and promoting diversity initiatives and hiring and admissions, and

0:26:42.880 --> 0:26:46.280
<v Speaker 2>the Trump administration's demand seem to be going far beyond

0:26:46.760 --> 0:26:48.080
<v Speaker 2>fighting anti semitism.

0:26:48.560 --> 0:26:53.640
<v Speaker 1>There's no question that the Trump administration is urging Harvard

0:26:53.720 --> 0:26:57.520
<v Speaker 1>to do things that are not directly related to anti semitism,

0:26:57.560 --> 0:27:02.720
<v Speaker 1>but which the federal government argueses indirectly related. Critics of

0:27:02.720 --> 0:27:07.240
<v Speaker 1>the Trump administration suggest that It might be pretextual for

0:27:07.760 --> 0:27:11.679
<v Speaker 1>the Trump administration to go after Harvard for anti semitism

0:27:11.720 --> 0:27:14.920
<v Speaker 1>when they're concerned about things like DEI, But from the

0:27:14.960 --> 0:27:19.199
<v Speaker 1>administration's perspective, the fact is that DEI is related to

0:27:19.440 --> 0:27:25.200
<v Speaker 1>anti Semitism and some fairly complex and tight ways. For example,

0:27:25.440 --> 0:27:29.800
<v Speaker 1>not only do DEI programs often omit anti Semitism and

0:27:29.880 --> 0:27:36.320
<v Speaker 1>Jewish identity, but they will sometimes create stereotypes of Jews,

0:27:36.320 --> 0:27:41.679
<v Speaker 1>sometimes viewing Jews as being oppressors and participating in structures

0:27:41.680 --> 0:27:45.440
<v Speaker 1>of persecution, and therefore should be considered not as victims

0:27:45.440 --> 0:27:50.359
<v Speaker 1>but as perpetrators. When the Trump administration urges Arvored to

0:27:50.480 --> 0:27:54.119
<v Speaker 1>do things that aren't directly related to anti Semitism, the

0:27:54.240 --> 0:27:57.520
<v Speaker 1>argument is that they are nevertheless indirectly related.

0:27:58.359 --> 0:28:03.320
<v Speaker 2>The Trump administration has real targeted Harvard. I mean, it's

0:28:03.359 --> 0:28:06.520
<v Speaker 2>scrap more than two point six billion dollars in federal

0:28:06.560 --> 0:28:11.240
<v Speaker 2>research funding for Harvard, threaten the school's tax exempt status,

0:28:11.280 --> 0:28:15.880
<v Speaker 2>and try to prevent it from enrolling foreign students. Why

0:28:15.920 --> 0:28:18.240
<v Speaker 2>is it so laser focused on Harvard?

0:28:18.680 --> 0:28:21.800
<v Speaker 1>The Trump administration is actually focused on a lot of

0:28:21.840 --> 0:28:25.800
<v Speaker 1>institutions right now. Harvard and Columbia are the two that

0:28:25.840 --> 0:28:29.800
<v Speaker 1>we see the greatest amount of energy directed at But

0:28:29.880 --> 0:28:33.480
<v Speaker 1>there are actually quite a number over sixty institutions that

0:28:33.560 --> 0:28:37.520
<v Speaker 1>have been named by the Education Department the hindful that

0:28:37.560 --> 0:28:42.520
<v Speaker 1>are subject to present proactive reviews, and that I would

0:28:42.560 --> 0:28:47.040
<v Speaker 1>say others are also in the scopes. Those institutions that

0:28:47.320 --> 0:28:49.840
<v Speaker 1>think that they are in the clear because the Trump

0:28:49.920 --> 0:28:55.480
<v Speaker 1>administration is only focused on Harvard, I think are mistaken

0:28:55.640 --> 0:28:58.720
<v Speaker 1>the aims of the Trump administration. They are looking much

0:28:58.760 --> 0:28:59.400
<v Speaker 1>more broadly.

0:29:00.000 --> 0:29:02.200
<v Speaker 2>Do you agree with the way the administration is going

0:29:02.240 --> 0:29:06.080
<v Speaker 2>about this? I mean cutting off the funding, trying to

0:29:06.120 --> 0:29:10.280
<v Speaker 2>prevent foreign students from enrolling. That hurts a lot of

0:29:10.360 --> 0:29:13.880
<v Speaker 2>third parties. Why not let the courts decide this?

0:29:14.960 --> 0:29:20.040
<v Speaker 1>The Trump administration properly recognizes a few things that had

0:29:20.200 --> 0:29:24.760
<v Speaker 1>eluded the prior administration. The first is that the post

0:29:24.760 --> 0:29:30.760
<v Speaker 1>October seventh environment on college campuses is extraordinary and unprecedented,

0:29:30.800 --> 0:29:35.200
<v Speaker 1>and therefore requires a response that is unprecedented and extraordinary.

0:29:35.720 --> 0:29:39.160
<v Speaker 1>The second is that the situation that we're seeing at

0:29:39.200 --> 0:29:44.400
<v Speaker 1>institutions like Harvard is pervasive of the institution, and therefore

0:29:44.440 --> 0:29:48.280
<v Speaker 1>the response should be a whole of the government response,

0:29:48.440 --> 0:29:52.280
<v Speaker 1>one that involves not only the Education Department, but also

0:29:52.520 --> 0:29:59.480
<v Speaker 1>agencies like Justice, the General Services, Administration, Health and Human Services,

0:29:59.720 --> 0:30:03.240
<v Speaker 1>and the agencies as well. What we're seeing is an

0:30:03.280 --> 0:30:09.479
<v Speaker 1>action that is fast, that is powerful, and that is

0:30:09.760 --> 0:30:14.160
<v Speaker 1>very broad. That is, I would say, exactly what is

0:30:14.600 --> 0:30:16.240
<v Speaker 1>needed in the present moment.

0:30:17.240 --> 0:30:20.720
<v Speaker 2>Harvard has been in talks with the White House. Apparently

0:30:20.800 --> 0:30:22.080
<v Speaker 2>they've stalled.

0:30:22.840 --> 0:30:26.480
<v Speaker 1>We've seen that President Trump is always looking to make

0:30:26.560 --> 0:30:30.560
<v Speaker 1>a favorable deal that will benefit the American people. So

0:30:30.680 --> 0:30:34.080
<v Speaker 1>I would say that President Garber would be wise to

0:30:34.160 --> 0:30:37.920
<v Speaker 1>do what he can to enter into a settlement that

0:30:38.160 --> 0:30:41.920
<v Speaker 1>enables Harvard to do the research and teaching that it

0:30:42.000 --> 0:30:45.400
<v Speaker 1>wants to do, while enabling the government to be able

0:30:45.440 --> 0:30:50.040
<v Speaker 1>to say, truly and honestly that it is ensuring compliance

0:30:50.080 --> 0:30:54.360
<v Speaker 1>of federal civil rights laws to protect Jewish and all students.

0:30:54.680 --> 0:30:57.920
<v Speaker 2>And tell me a little bit about your lawsuit against Harvard.

0:30:58.280 --> 0:31:02.240
<v Speaker 1>We at the Louis de Brandai sent sued Harvard University

0:31:02.600 --> 0:31:07.560
<v Speaker 1>over the hostile environment at that campus since October seven

0:31:07.680 --> 0:31:12.000
<v Speaker 1>and also prior to October seven, as well as assaults

0:31:12.040 --> 0:31:17.400
<v Speaker 1>on Jewish students and discrimination against Israeli students who were

0:31:17.440 --> 0:31:24.600
<v Speaker 1>prevented from providing the speech and presentations that were available

0:31:24.640 --> 0:31:29.440
<v Speaker 1>to other students. We obtained earlier this year a favorable settlement.

0:31:29.760 --> 0:31:32.840
<v Speaker 1>Not all of the terms are public, but they include

0:31:32.880 --> 0:31:36.400
<v Speaker 1>some things that I believe can make some difference for

0:31:36.520 --> 0:31:40.760
<v Speaker 1>Harvard University. One of the big advances from our settlement

0:31:40.840 --> 0:31:45.680
<v Speaker 1>with Harvard University is that the university agreed to adopt

0:31:46.000 --> 0:31:51.120
<v Speaker 1>in its conduct code and elsewhere the definition of anti Semitism,

0:31:51.120 --> 0:31:54.719
<v Speaker 1>which is considered to be the gold standard for assessing

0:31:55.520 --> 0:31:58.960
<v Speaker 1>allegations of discrimination against Jewish students. That's the so called

0:31:59.080 --> 0:32:05.320
<v Speaker 1>IRA or International Holocaust Remembrance Alliance Working definition of Antisemitism.

0:32:05.400 --> 0:32:09.560
<v Speaker 1>Harvard also agreed to provide a new official who would

0:32:09.600 --> 0:32:13.640
<v Speaker 1>be an expert on this issue and who would monitor

0:32:14.200 --> 0:32:16.640
<v Speaker 1>incidents at Harvard and make sure that they were no

0:32:16.720 --> 0:32:21.320
<v Speaker 1>longer double standards used to assess allegations of anti Semitism?

0:32:21.840 --> 0:32:24.040
<v Speaker 2>And do you think the Trump administration is going to

0:32:24.080 --> 0:32:26.840
<v Speaker 2>continue this attack on Harvard?

0:32:27.840 --> 0:32:32.680
<v Speaker 1>While the Trump administration has already been taking a large

0:32:32.840 --> 0:32:38.040
<v Speaker 1>number of very forceful actions against Harvard, it's not clear

0:32:38.080 --> 0:32:41.720
<v Speaker 1>that they're done. There are agencies like the Securities and

0:32:41.840 --> 0:32:45.960
<v Speaker 1>Exchange Commission that could also be engaged with potential additional

0:32:46.480 --> 0:32:50.160
<v Speaker 1>remedies that go even beyond what we've seen so far.

0:32:50.960 --> 0:32:53.959
<v Speaker 1>At the same time, we know that the administration is

0:32:53.960 --> 0:32:58.040
<v Speaker 1>not focused only on Harvard and that there is more

0:32:58.080 --> 0:33:01.720
<v Speaker 1>to come for other Universe cities around the country and

0:33:01.840 --> 0:33:03.800
<v Speaker 1>perhaps other institutions as well.

0:33:03.920 --> 0:33:06.960
<v Speaker 2>Thanks for joining me today. That's Ken Marcus of the

0:33:06.960 --> 0:33:10.040
<v Speaker 2>Brandeis Center, and that's it for this edition of The

0:33:10.080 --> 0:33:13.000
<v Speaker 2>Bloomberg Law Show. Remember you can always get the latest

0:33:13.080 --> 0:33:16.200
<v Speaker 2>legal news on our Bloomberg Law Podcast. You can find

0:33:16.200 --> 0:33:20.800
<v Speaker 2>them on Apple Podcasts, Spotify, and at www dot Bloomberg

0:33:20.840 --> 0:33:24.640
<v Speaker 2>dot com slash podcast slash Law, And remember to tune

0:33:24.640 --> 0:33:27.880
<v Speaker 2>into The Bloomberg Law Show every weeknight at ten pm

0:33:27.960 --> 0:33:31.520
<v Speaker 2>Wall Street Time. I'm June Grosso, and you're listening to

0:33:31.560 --> 0:33:32.080
<v Speaker 2>Bloomberg