1 00:00:00,240 --> 00:00:04,400 Speaker 1: Welcome everybody. Thursday edition of Clay and Buck kicks off now. 2 00:00:05,120 --> 00:00:09,560 Speaker 1: Play is Traveling Buck. That would be me solo today 3 00:00:10,360 --> 00:00:13,360 Speaker 1: and plays back tomorrow. So we're gonna rock and roll 4 00:00:13,400 --> 00:00:16,240 Speaker 1: here for three hours, my friends. A lot to discuss 5 00:00:16,239 --> 00:00:20,760 Speaker 1: with you, particularly on the criminal justice front. Let me 6 00:00:20,840 --> 00:00:23,639 Speaker 1: tell you that if there is a theme I can 7 00:00:23,720 --> 00:00:27,120 Speaker 1: throw out for all of you today, it would be 8 00:00:27,640 --> 00:00:31,800 Speaker 1: if this was a we had law, jurorsprudence and social 9 00:00:31,920 --> 00:00:35,360 Speaker 1: thought was our pre law department at Ambers. We could 10 00:00:35,360 --> 00:00:37,920 Speaker 1: have started out the day or the class today with 11 00:00:38,240 --> 00:00:42,680 Speaker 1: what is justice exactly? Question mark? Because you have a 12 00:00:42,680 --> 00:00:45,760 Speaker 1: couple of things all coming together, the Daniel Penny trial, 13 00:00:45,800 --> 00:00:47,599 Speaker 1: which I want to get into some detail with you 14 00:00:47,720 --> 00:00:54,400 Speaker 1: on an update on Jesse Smolette. That's right, friends, and 15 00:00:54,440 --> 00:00:57,000 Speaker 1: it is not a good one for those who believe 16 00:00:57,040 --> 00:01:02,680 Speaker 1: in justice and sanity. And then all so, the continued 17 00:01:02,720 --> 00:01:07,200 Speaker 1: freak out over Matt Gates as the would be Attorney 18 00:01:07,280 --> 00:01:11,200 Speaker 1: General of the Trump administration to this day I will 19 00:01:11,200 --> 00:01:15,119 Speaker 1: throw out to this day despite all the things, never 20 00:01:15,319 --> 00:01:20,160 Speaker 1: charged with any crime of any kind, Congressman Gates, isn't 21 00:01:20,160 --> 00:01:25,119 Speaker 1: that interesting? Maybe they should start the discussions at least 22 00:01:25,120 --> 00:01:28,200 Speaker 1: with that. If they were thinking about this in legal terms, 23 00:01:28,240 --> 00:01:30,440 Speaker 1: you would assume, right, we always have to say alleged, 24 00:01:31,000 --> 00:01:33,600 Speaker 1: But he's not even really alleged, is he, because no 25 00:01:33,640 --> 00:01:37,600 Speaker 1: one's ever even brought charges. It's just in the ether. 26 00:01:37,840 --> 00:01:41,360 Speaker 1: It's just rumor. It's just stuff that people have said 27 00:01:41,400 --> 00:01:44,640 Speaker 1: to other people, but that no authority has ever actually 28 00:01:45,240 --> 00:01:50,320 Speaker 1: decided warranted charges, never mind a conviction. I think that 29 00:01:50,320 --> 00:01:53,200 Speaker 1: that's important to put out there because the way that 30 00:01:53,280 --> 00:01:56,840 Speaker 1: all these discussions in the Democrat media are going, you 31 00:01:56,840 --> 00:01:59,840 Speaker 1: would think that somehow this had been adjudicated in a 32 00:01:59,840 --> 00:02:03,080 Speaker 1: negative way for Congressman Gates, and that is the opposite 33 00:02:03,120 --> 00:02:05,480 Speaker 1: of the truth, and we like the truth here. So 34 00:02:06,360 --> 00:02:09,840 Speaker 1: I do want to start, though, if I can, with 35 00:02:11,200 --> 00:02:15,720 Speaker 1: these two moments in time, with our justice system of 36 00:02:15,880 --> 00:02:18,400 Speaker 1: Daniel Penny and I have the We're going to do 37 00:02:18,440 --> 00:02:19,919 Speaker 1: a deep dive, you and me. We're going to do 38 00:02:19,960 --> 00:02:24,480 Speaker 1: a deep dive into his initial interrogation, okay, and how 39 00:02:24,520 --> 00:02:27,320 Speaker 1: this went and what we now know about Daniel Penny, 40 00:02:27,720 --> 00:02:30,760 Speaker 1: and then I will get to what is going to 41 00:02:30,800 --> 00:02:34,440 Speaker 1: be called now by at least Jesse Smollette and his team, 42 00:02:34,639 --> 00:02:39,280 Speaker 1: the exoneration of Esse Smollett. That's right, friends, they've overturned, 43 00:02:39,960 --> 00:02:46,519 Speaker 1: overturned that preposterous liars conviction. And I want to get 44 00:02:46,560 --> 00:02:49,320 Speaker 1: into why. I want to get into how this happens, 45 00:02:49,480 --> 00:02:52,400 Speaker 1: how it undermines our sense that the rule of law 46 00:02:52,520 --> 00:02:55,600 Speaker 1: is a real thing in this country, that accountability is 47 00:02:55,680 --> 00:02:58,520 Speaker 1: real in this country. Just like with the legal immigration, 48 00:02:58,919 --> 00:03:04,040 Speaker 1: the lawlessness all around us builds up and creates a perception, 49 00:03:04,240 --> 00:03:08,920 Speaker 1: creates a broad feeling that this is now just a system, 50 00:03:08,960 --> 00:03:13,880 Speaker 1: meaning our legal system through which power is exercised instead 51 00:03:13,880 --> 00:03:19,200 Speaker 1: of justice, and that includes racial justice, social justice. All 52 00:03:19,240 --> 00:03:21,359 Speaker 1: the different forms that they say, no, no, no, there 53 00:03:21,400 --> 00:03:26,320 Speaker 1: is only justice. All those other things are politicized versions, 54 00:03:26,480 --> 00:03:31,560 Speaker 1: are political notions. We'll get into this though. Right justice 55 00:03:31,600 --> 00:03:33,600 Speaker 1: as a concept, it's either just or it is not. 56 00:03:33,760 --> 00:03:36,040 Speaker 1: You don't have to have these modifiers. But there's a 57 00:03:36,040 --> 00:03:38,440 Speaker 1: reason why they do that. Let me get back into 58 00:03:38,520 --> 00:03:42,560 Speaker 1: Daniel Penny. As you know, part of my story is 59 00:03:42,920 --> 00:03:46,280 Speaker 1: I grew up in the worst version of New York 60 00:03:46,320 --> 00:03:49,360 Speaker 1: City by the numbers when it comes to violence. That 61 00:03:49,480 --> 00:03:51,760 Speaker 1: was my I grew up in it. I grew up 62 00:03:51,800 --> 00:03:54,000 Speaker 1: in a very nice part of that New York City, 63 00:03:54,120 --> 00:03:56,680 Speaker 1: but it was still dangerous. There were still thinks people 64 00:03:56,720 --> 00:03:59,240 Speaker 1: I got mugged. Everyone I know is getting mugged, cars 65 00:03:59,280 --> 00:04:03,000 Speaker 1: being broken in two people are being sexually assaulted, and 66 00:04:03,040 --> 00:04:08,720 Speaker 1: nonprecedented numbers something like twenty two hundred murders. When I'm 67 00:04:08,760 --> 00:04:11,520 Speaker 1: in h you know, they call it lower school, right 68 00:04:11,640 --> 00:04:14,600 Speaker 1: third fourth grade around there, twenty two hundred murders in 69 00:04:14,640 --> 00:04:17,599 Speaker 1: New York City. I mean now the number is, I 70 00:04:17,600 --> 00:04:20,720 Speaker 1: don't know, between four to six hundred, depending on the year. 71 00:04:21,120 --> 00:04:24,360 Speaker 1: Last couple of decades, twenty two hundred meers. New York 72 00:04:24,440 --> 00:04:27,440 Speaker 1: City was a dangerous place, and one of the main 73 00:04:27,560 --> 00:04:32,440 Speaker 1: reasons for it was people would keep getting arrested and 74 00:04:32,960 --> 00:04:37,680 Speaker 1: not actually punished in any meaningful way. I've spent eighteen 75 00:04:37,720 --> 00:04:42,520 Speaker 1: months at the NYPD Intelligence Division, and so I was 76 00:04:42,600 --> 00:04:44,359 Speaker 1: riding around a lot with cops who had been on 77 00:04:44,360 --> 00:04:46,040 Speaker 1: the job for twenty years. Guess what we did all day? 78 00:04:46,080 --> 00:04:47,960 Speaker 1: We talked, right, And that's basically what you do. You 79 00:04:48,000 --> 00:04:49,920 Speaker 1: know what a stakeout is, hanging out with a couple 80 00:04:49,960 --> 00:04:52,840 Speaker 1: of detectives, you know, eating takeout food and like what 81 00:04:53,080 --> 00:04:54,880 Speaker 1: or you know, surveillance, that's what it is, you know, 82 00:04:55,040 --> 00:04:57,000 Speaker 1: watching what's going on on the street for hours at 83 00:04:57,000 --> 00:04:59,440 Speaker 1: a time. So you learn a lot about I learned 84 00:04:59,440 --> 00:05:01,800 Speaker 1: a lot about what they went through, and they would 85 00:05:01,800 --> 00:05:04,440 Speaker 1: tell what really sounded like war stories about being in 86 00:05:04,480 --> 00:05:08,320 Speaker 1: some of the very difficult precincts, constant shootings, crack ek epidemic, 87 00:05:08,360 --> 00:05:11,080 Speaker 1: all this stuff. And then finally Giuliani comes in and 88 00:05:11,120 --> 00:05:13,880 Speaker 1: he says enough and there's a mandate from the city, 89 00:05:14,320 --> 00:05:16,559 Speaker 1: from the people of New York City that we actually 90 00:05:16,640 --> 00:05:18,640 Speaker 1: just want to be safe. That's the single most important thing. 91 00:05:19,160 --> 00:05:21,599 Speaker 1: And then we lost that because of the vile communist 92 00:05:21,680 --> 00:05:24,880 Speaker 1: more on the Blasio, because of the BLM one point 93 00:05:24,960 --> 00:05:27,719 Speaker 1: zero and BLM two point zero, and this so called 94 00:05:27,760 --> 00:05:31,400 Speaker 1: defund police and racial justice movement all tied in together. 95 00:05:31,720 --> 00:05:34,440 Speaker 1: Abolish prisons, by the way, also a part of this, 96 00:05:35,160 --> 00:05:38,160 Speaker 1: and it's all rooted in the demographics of who gets 97 00:05:38,240 --> 00:05:40,479 Speaker 1: arrested the most and serves the most prison time in 98 00:05:40,520 --> 00:05:45,240 Speaker 1: New York City. Is very troubling to Democrats because they 99 00:05:45,320 --> 00:05:48,760 Speaker 1: view it as something that has to be racially balanced. 100 00:05:48,800 --> 00:05:50,760 Speaker 1: I don't view it that way. Any person can commit 101 00:05:50,800 --> 00:05:52,719 Speaker 1: a crime and should be held to account. We are 102 00:05:52,760 --> 00:05:55,119 Speaker 1: all equal in the eyes of God and the law, 103 00:05:55,640 --> 00:05:58,000 Speaker 1: and it doesn't matter what those numbers end up being. 104 00:05:58,360 --> 00:06:01,159 Speaker 1: Riker's Island, the primary prison of New York City is 105 00:06:01,320 --> 00:06:03,960 Speaker 1: over ninety percent black and Hispanic. That has been the 106 00:06:04,000 --> 00:06:07,719 Speaker 1: case as long as I have been alive. That is 107 00:06:07,800 --> 00:06:10,600 Speaker 1: just the true. That is just the number. Okay, So 108 00:06:11,680 --> 00:06:14,720 Speaker 1: they say, well, that's unfair. There must be a systemic racism. 109 00:06:14,760 --> 00:06:18,080 Speaker 1: There must be something that is creating those numbers, and 110 00:06:18,120 --> 00:06:19,720 Speaker 1: the only way that they should deal with it then 111 00:06:19,880 --> 00:06:25,040 Speaker 1: is to have fewer people imprisoned, Abolish prisons, defund police 112 00:06:25,279 --> 00:06:28,800 Speaker 1: less enforcement. Guess what happens. We've seen what happens. And 113 00:06:28,880 --> 00:06:33,320 Speaker 1: in New York City specifically, they've seen this major uptick, 114 00:06:33,360 --> 00:06:35,120 Speaker 1: and they'll play games with these numbers. Oh, it's so 115 00:06:35,200 --> 00:06:37,640 Speaker 1: much safer than it was in the early nineties. Yeah, 116 00:06:37,680 --> 00:06:41,240 Speaker 1: but why are we going backwards? What possible rationale could 117 00:06:41,240 --> 00:06:43,919 Speaker 1: there be for a twenty five, a thirty, a forty 118 00:06:43,960 --> 00:06:46,080 Speaker 1: percent increase in violent crime in one year in New 119 00:06:46,160 --> 00:06:50,159 Speaker 1: York City. It was in COVID they tried that it 120 00:06:50,360 --> 00:06:55,200 Speaker 1: was a change in political will. Now enter Daniel Penny 121 00:06:56,240 --> 00:06:59,600 Speaker 1: and what happened here. I watched the whole interrogation tape. 122 00:06:59,760 --> 00:07:04,760 Speaker 1: Is face right now manslaughter charges in your involuntary manslaughter 123 00:07:04,839 --> 00:07:09,360 Speaker 1: charges in New York City, and he's putting up his defense. 124 00:07:10,200 --> 00:07:14,160 Speaker 1: I will say, first and foremost, you hear this guy, 125 00:07:14,600 --> 00:07:18,960 Speaker 1: and he's a well intentioned person. He's a marine, he's trying. 126 00:07:19,200 --> 00:07:22,400 Speaker 1: He views himself because of his training, because of who 127 00:07:22,440 --> 00:07:25,160 Speaker 1: he is, because of his code of honor, which is, 128 00:07:25,200 --> 00:07:27,080 Speaker 1: by the way, a thing that all men should have. Right. 129 00:07:27,800 --> 00:07:31,280 Speaker 1: Oh yeah, masculinity, code of honor, These things should go together. 130 00:07:31,800 --> 00:07:36,440 Speaker 1: Daniel Penny thinks that it's his role to protect women 131 00:07:36,480 --> 00:07:41,880 Speaker 1: and children on the subway from a serial felon, a 132 00:07:42,320 --> 00:07:47,280 Speaker 1: clearly deranged person, a person who has violently assaulted already 133 00:07:48,120 --> 00:07:53,760 Speaker 1: numerous people on the subway. Broke a Asian American woman's 134 00:07:53,800 --> 00:07:56,120 Speaker 1: eye socket while she was waiting for a train, just 135 00:07:56,200 --> 00:07:58,320 Speaker 1: run up and punched her right in the face, shattered 136 00:07:58,360 --> 00:08:00,880 Speaker 1: her eye socket. How do you think that trip of 137 00:08:00,920 --> 00:08:02,280 Speaker 1: the hospital was for her? How do you think that 138 00:08:02,280 --> 00:08:04,920 Speaker 1: made her day? How'd that go for her family? About 139 00:08:04,920 --> 00:08:07,160 Speaker 1: why is this guy walking around the streets? Oh, you know, 140 00:08:07,920 --> 00:08:13,440 Speaker 1: social justice can't lock him up? Why? Oh that's the 141 00:08:13,480 --> 00:08:17,840 Speaker 1: Democrats that one Daniel Penny steps in. Now here's the 142 00:08:17,920 --> 00:08:24,560 Speaker 1: mistake from a legal procedure perspective. And this is very 143 00:08:24,600 --> 00:08:28,360 Speaker 1: frustrating because I think Daniel Penny. He's a young guy. 144 00:08:28,760 --> 00:08:31,760 Speaker 1: You know, it's easy for me to sit here. Former CIA, 145 00:08:32,280 --> 00:08:35,240 Speaker 1: you know, worked in worked with law enforcement, work the 146 00:08:35,280 --> 00:08:39,560 Speaker 1: federal government. Understand how these things go. Easy for me 147 00:08:39,600 --> 00:08:42,760 Speaker 1: to second guess him. I understand though, that in the 148 00:08:42,800 --> 00:08:44,880 Speaker 1: moment he's like, I'm just trying to step in and help. 149 00:08:44,920 --> 00:08:49,960 Speaker 1: I've got nothing to hide. Well, unfortunately, the NYPD guys 150 00:08:49,960 --> 00:08:52,960 Speaker 1: who sit down, their job isn't to help the good 151 00:08:53,000 --> 00:08:56,079 Speaker 1: guy the bad guy. Their job is to just find 152 00:08:56,080 --> 00:08:59,120 Speaker 1: the purpse, get all the information they can, and let 153 00:08:59,120 --> 00:09:02,400 Speaker 1: the prosecutors make decision. They're not on his team. He 154 00:09:02,559 --> 00:09:05,040 Speaker 1: sat down with them. This is the interrogation, the eight 155 00:09:05,080 --> 00:09:10,680 Speaker 1: minute long interrogation, and they they they very quickly established rapport. 156 00:09:10,800 --> 00:09:13,320 Speaker 1: You had a former marine sitting with a former marine 157 00:09:14,200 --> 00:09:16,400 Speaker 1: and they hear play this. You can sort of hear 158 00:09:16,480 --> 00:09:18,439 Speaker 1: this is straight out I'm not I mean, this is 159 00:09:18,480 --> 00:09:20,600 Speaker 1: what detectives do. This is out of the one oh 160 00:09:20,640 --> 00:09:23,320 Speaker 1: one playbook. Hey, we're all buddies here, talk to us 161 00:09:23,360 --> 00:09:24,280 Speaker 1: without a lawyer. Play it. 162 00:09:26,000 --> 00:09:32,600 Speaker 2: As I said before this gone, what you're doing was 163 00:09:33,480 --> 00:09:34,960 Speaker 2: I was three fifty one. 164 00:09:35,280 --> 00:09:36,679 Speaker 3: I was a three thirty one. 165 00:09:36,800 --> 00:09:38,640 Speaker 2: Oh cool, she got her weapons. 166 00:09:39,280 --> 00:09:41,120 Speaker 3: Was not military. So I don't know what that stuff. 167 00:09:41,520 --> 00:09:43,920 Speaker 3: That's like another language, derbitized six Marines. 168 00:09:44,000 --> 00:09:48,360 Speaker 2: Okay, there he goes there, ninety six two thousandloads in 169 00:09:48,559 --> 00:09:48,920 Speaker 2: my thing. 170 00:09:48,960 --> 00:09:50,240 Speaker 3: And then I ended up here and now I got 171 00:09:50,320 --> 00:09:52,600 Speaker 3: to close to twenty two years. You know, man, good passion, 172 00:09:53,600 --> 00:09:56,160 Speaker 3: yea man, I go up in Queens as well. Fast, nice, fast, 173 00:09:56,280 --> 00:09:59,600 Speaker 3: nice sue. That's a good name. Anyway, listen to So 174 00:10:00,120 --> 00:10:01,560 Speaker 3: we want to talk to you about happen today. 175 00:10:01,640 --> 00:10:07,679 Speaker 2: Sure you know that you're sitting around him and being cooperative. 176 00:10:09,960 --> 00:10:13,240 Speaker 1: It's a trap and you just see him walking right 177 00:10:13,280 --> 00:10:16,160 Speaker 1: into it. And it's not because he's it's not because 178 00:10:16,160 --> 00:10:17,840 Speaker 1: he's a dumb guy. It's not because he's a bad guy. 179 00:10:17,880 --> 00:10:22,040 Speaker 1: It's because his adrenaline's been going and these guys are 180 00:10:22,040 --> 00:10:27,000 Speaker 1: approaching him in uh uh with a sense of a 181 00:10:27,120 --> 00:10:29,679 Speaker 1: kind of friendship tone and oh I'm a marine, you're 182 00:10:29,679 --> 00:10:32,640 Speaker 1: a marine. Then they read him his miranda rights right 183 00:10:32,679 --> 00:10:34,880 Speaker 1: after this. They went through it very clearly. They made 184 00:10:34,960 --> 00:10:36,880 Speaker 1: him verbalize, yes, you know you can have a lawyer, 185 00:10:36,960 --> 00:10:38,920 Speaker 1: Yes you know, you don't have to talk to us yet, 186 00:10:39,200 --> 00:10:44,679 Speaker 1: and then he started talking, don't talk to law enforcement 187 00:10:45,679 --> 00:10:50,600 Speaker 1: unless you have an attorney. Present, right. I mean, unless 188 00:10:50,600 --> 00:10:54,040 Speaker 1: you're like complaining about, uh, you know, a neighbor's cat 189 00:10:54,160 --> 00:10:57,559 Speaker 1: being allowed to run through your yard or something. You know, 190 00:10:57,640 --> 00:11:00,600 Speaker 1: unless it's something very minor. You, if you're the target 191 00:11:00,679 --> 00:11:04,800 Speaker 1: of an investigation or the possible target of an investigation, 192 00:11:05,880 --> 00:11:10,920 Speaker 1: don't speak to law enforcement without an attorney president, especially 193 00:11:10,960 --> 00:11:13,439 Speaker 1: the FBI, by the way, and with the NYPD, it's 194 00:11:13,480 --> 00:11:15,840 Speaker 1: going to be used against you, as it was here. 195 00:11:16,760 --> 00:11:19,920 Speaker 1: But with the FBI, they can say you lied, and 196 00:11:19,960 --> 00:11:24,000 Speaker 1: then you're facing a one zero zero one charge and 197 00:11:24,040 --> 00:11:25,840 Speaker 1: they can give you up the five years for that alone. 198 00:11:25,880 --> 00:11:28,720 Speaker 1: That's how they got Martha Stewart, by the way, lying 199 00:11:28,840 --> 00:11:36,520 Speaker 1: not insider trading. I really appreciated the the documentary that 200 00:11:36,600 --> 00:11:39,760 Speaker 1: came out recently. If you haven't seen it on Martha Stewart, 201 00:11:39,760 --> 00:11:41,679 Speaker 1: you know who you know who made sure she went away. 202 00:11:42,679 --> 00:11:48,520 Speaker 1: James Comy. James Comy, he's the one who decided she 203 00:11:48,679 --> 00:11:52,480 Speaker 1: was going to face charges for something that wasn't criminal. 204 00:11:52,679 --> 00:11:55,360 Speaker 1: She actually should be pardoned. I know she's a Democrat, 205 00:11:55,400 --> 00:11:58,200 Speaker 1: I know she voted Kamala. She should be fully pardoned. 206 00:11:58,240 --> 00:12:01,440 Speaker 1: And that's not even because I like Pistachio Cremberlet and 207 00:12:01,520 --> 00:12:04,360 Speaker 1: maybe she has some great krimberlay recipes. Put that aside. 208 00:12:05,880 --> 00:12:07,920 Speaker 1: James Colemey showed us who he was with that, and 209 00:12:07,920 --> 00:12:12,800 Speaker 1: it only got worse with Trump. These detectives have laid 210 00:12:12,800 --> 00:12:15,440 Speaker 1: the trap and unfortunately Penny starts to walk into it here. 211 00:12:15,960 --> 00:12:18,640 Speaker 1: And it's heartbreaking because this guy's a marine who's trying 212 00:12:18,679 --> 00:12:21,400 Speaker 1: to defend, he's trying to protect, he's trying to do 213 00:12:21,440 --> 00:12:24,000 Speaker 1: the right thing. Now I want to work. I want 214 00:12:24,000 --> 00:12:26,360 Speaker 1: to walk through the rest of this interrogation with you. 215 00:12:26,360 --> 00:12:28,640 Speaker 1: You need to hear these different pieces of it because 216 00:12:28,640 --> 00:12:32,520 Speaker 1: this goes to why is this guy being charged again? 217 00:12:34,160 --> 00:12:37,080 Speaker 1: What interest of justice does this serve? What is the 218 00:12:37,120 --> 00:12:42,480 Speaker 1: expectation that Alvin Bragg's department in New York City, the 219 00:12:42,480 --> 00:12:46,640 Speaker 1: District Attorney's office, what is the expectation that they have 220 00:12:47,800 --> 00:12:50,600 Speaker 1: for what you're supposed to be able to subject yourself 221 00:12:50,640 --> 00:12:53,840 Speaker 1: to here. I want to talk to you about all 222 00:12:53,880 --> 00:12:57,800 Speaker 1: of that and how that also ties in with Justse Smollett. 223 00:12:58,840 --> 00:13:02,160 Speaker 1: Jesse Smollett, I know it wasn't I know, no one died. 224 00:13:02,160 --> 00:13:04,320 Speaker 1: I know it wasn't the same level of case, but 225 00:13:04,760 --> 00:13:08,320 Speaker 1: it's the justice system at work, and oh boy, did 226 00:13:08,400 --> 00:13:12,439 Speaker 1: we get to see who gets favoritism in this justice system. 227 00:13:12,880 --> 00:13:16,120 Speaker 1: Who gets special treatment. It's not the marine who served 228 00:13:16,120 --> 00:13:24,680 Speaker 1: as country it's the disgraceful, cowardly overpaid actor because he's 229 00:13:24,679 --> 00:13:30,520 Speaker 1: friends with Kamala, because he's a DEI superstar, and the 230 00:13:30,640 --> 00:13:33,160 Speaker 1: justice system decided to bail him out entirely. We're going 231 00:13:33,240 --> 00:13:35,840 Speaker 1: to talk about this here in just a second. Last weekend, 232 00:13:35,880 --> 00:13:37,880 Speaker 1: I was out of the range with my friends from 233 00:13:37,920 --> 00:13:40,240 Speaker 1: Bear Creek Arsenal. That's right, I was out there shooting 234 00:13:40,280 --> 00:13:43,520 Speaker 1: with Bear Creek Arsenal peeps. We had a great time. 235 00:13:43,840 --> 00:13:46,120 Speaker 1: Then not only make superior quality firearms, they have an 236 00:13:46,120 --> 00:13:49,319 Speaker 1: incredible team of patriots working there. 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The upper receivers. 255 00:14:36,760 --> 00:14:38,960 Speaker 1: They have so many calibers you can trade them out 256 00:14:39,160 --> 00:14:41,840 Speaker 1: with your with your lower right now and have different calibers, 257 00:14:42,040 --> 00:14:44,040 Speaker 1: so it's like having many guns in one in a sense. 258 00:14:44,400 --> 00:14:49,080 Speaker 1: Go check it out Bearcreekarsenal dot com, Bearcreekarsenal dot com, 259 00:14:49,320 --> 00:14:53,880 Speaker 1: you ain't imagining it. The world has gone insane. We 260 00:14:54,000 --> 00:14:57,680 Speaker 1: claim your sanity with Clay and Fun. Find them on 261 00:14:57,720 --> 00:15:01,440 Speaker 1: the free iHeartRadio app or where wherever you get your podcasts. 262 00:15:01,640 --> 00:15:03,680 Speaker 1: Welcome back into Clay and Bock. We're talking about the 263 00:15:03,760 --> 00:15:07,720 Speaker 1: Daniel pennycase in New York City, which the whole country 264 00:15:08,000 --> 00:15:11,520 Speaker 1: at least in terms of what's in the news and 265 00:15:11,560 --> 00:15:14,720 Speaker 1: the narratives about law and order, is I think paying 266 00:15:14,760 --> 00:15:18,200 Speaker 1: attention to now because this is going to be a 267 00:15:18,240 --> 00:15:21,280 Speaker 1: case that sets a precedent New York City. And I 268 00:15:21,320 --> 00:15:24,080 Speaker 1: say this from the experience of having been on many 269 00:15:24,120 --> 00:15:26,640 Speaker 1: a subway in recent years, although not as much since 270 00:15:26,680 --> 00:15:31,280 Speaker 1: I moved to Florida in October of twenty twenty two, 271 00:15:32,560 --> 00:15:36,280 Speaker 1: but years before that or in days before that, on 272 00:15:36,320 --> 00:15:41,560 Speaker 1: the subway. Crazy stuff going on, crazy stuff on the 273 00:15:41,560 --> 00:15:44,440 Speaker 1: subways on a regular basis, where you're made to feel unsafe, 274 00:15:44,440 --> 00:15:47,080 Speaker 1: And you know, it's one thing for me. I'm six 275 00:15:47,120 --> 00:15:50,080 Speaker 1: feet tall, believe it or not, and you know, two 276 00:15:50,200 --> 00:15:54,840 Speaker 1: hundred and ten ish pounds too much, I know, but 277 00:15:55,640 --> 00:15:58,560 Speaker 1: six feet tall and I'm a guy, and I have 278 00:15:58,600 --> 00:15:59,920 Speaker 1: to sit there and think what am I going to 279 00:15:59,960 --> 00:16:03,040 Speaker 1: do if one of these maniacs puts his hands on 280 00:16:03,120 --> 00:16:05,200 Speaker 1: me or somebody near me. And I've told you before 281 00:16:05,280 --> 00:16:08,240 Speaker 1: one of the challenges is a prosecutor like Alvin Bragg. 282 00:16:08,560 --> 00:16:10,800 Speaker 1: If you're a white guy and you step in and 283 00:16:11,080 --> 00:16:13,960 Speaker 1: it is on a non white you know, would be 284 00:16:14,040 --> 00:16:17,080 Speaker 1: perpetrator or assailant. There's a very good chance that they're 285 00:16:17,080 --> 00:16:18,760 Speaker 1: gonna either hit you with a hate crime or they're 286 00:16:18,760 --> 00:16:21,000 Speaker 1: going to make an example of you. Be like, oh, 287 00:16:21,200 --> 00:16:23,520 Speaker 1: but he had aspiration. You know, you punched him, but 288 00:16:23,840 --> 00:16:26,000 Speaker 1: he eats, So what if he's been arrested twenty times, 289 00:16:26,000 --> 00:16:29,840 Speaker 1: like he has aspirations of being, you know, an astronaut 290 00:16:29,840 --> 00:16:31,800 Speaker 1: one day or something. Any of you who haven't read 291 00:16:31,800 --> 00:16:34,440 Speaker 1: the book Bonfire of the Vanities, it's Tom Wolfe's best 292 00:16:34,480 --> 00:16:37,160 Speaker 1: novel in my mind, by far. Go read it. You'll 293 00:16:37,200 --> 00:16:39,320 Speaker 1: see the whole thing, the whole playbook. It's right there. 294 00:16:40,040 --> 00:16:42,480 Speaker 1: Daniel Penny had to make that decision himself. What am 295 00:16:42,520 --> 00:16:45,160 Speaker 1: I going to do? How am I going to take 296 00:16:45,240 --> 00:16:47,840 Speaker 1: action here to save people around me? To protect people 297 00:16:47,880 --> 00:16:50,320 Speaker 1: around me? I do not believe for one second that 298 00:16:50,400 --> 00:16:54,240 Speaker 1: Daniel Penny, you know, intended to kill or intended even 299 00:16:54,320 --> 00:16:58,640 Speaker 1: intense bodily harm against Jordan Neely. But he also didn't 300 00:16:58,680 --> 00:17:00,560 Speaker 1: think that he should wait when somebody says I'm going 301 00:17:00,600 --> 00:17:02,960 Speaker 1: to kill everybody here, and the guy looks like a 302 00:17:03,000 --> 00:17:06,040 Speaker 1: maniac and has a history, I mean, he does hurt people. 303 00:17:06,480 --> 00:17:09,520 Speaker 1: This is a violent felon who's running around hurting people. 304 00:17:09,560 --> 00:17:13,200 Speaker 1: On the subway. New York refuses to do something about it, 305 00:17:13,680 --> 00:17:16,879 Speaker 1: so Jordan Neely steps in, and now he's facing the 306 00:17:16,960 --> 00:17:21,720 Speaker 1: ruination of his life, you know, a decade plus in prison. 307 00:17:21,760 --> 00:17:23,640 Speaker 1: God knows how long all action he would actually get 308 00:17:23,640 --> 00:17:27,480 Speaker 1: if he's found guilty. And this is Alvin Bragg's version 309 00:17:27,520 --> 00:17:32,480 Speaker 1: of justice in New York City. And there's the interrogation tape, 310 00:17:32,480 --> 00:17:34,919 Speaker 1: which I want to go back to. First problem I 311 00:17:34,960 --> 00:17:37,440 Speaker 1: have and I'm not trying to be critical of Daniel Penny. 312 00:17:37,480 --> 00:17:40,119 Speaker 1: It's just a teaching moment here. Oh yeah, I'm a marine. 313 00:17:40,119 --> 00:17:42,760 Speaker 1: I'm a marine. We can trust each other, right, zem 314 00:17:42,800 --> 00:17:47,159 Speaker 1: for five right, start talking, you're on camera. Try to 315 00:17:47,160 --> 00:17:51,120 Speaker 1: lock you up. That's exactly what happened. There's a lesson there, 316 00:17:51,119 --> 00:17:54,359 Speaker 1: my friends. I'll come back into this here in just 317 00:17:54,400 --> 00:17:57,040 Speaker 1: a moment. One of the first sponsors that we've had 318 00:17:57,080 --> 00:17:59,000 Speaker 1: on this show is Pure Talk. They've stayed with us 319 00:17:59,040 --> 00:18:01,600 Speaker 1: all along, and they're working for you too, because they're 320 00:18:01,600 --> 00:18:05,120 Speaker 1: saving you money. We appreciate them being all in on 321 00:18:05,200 --> 00:18:07,960 Speaker 1: Clay and Buck and being all in on patriotism and 322 00:18:08,040 --> 00:18:11,520 Speaker 1: America and veterans by the way. In fact, the company 323 00:18:11,560 --> 00:18:14,400 Speaker 1: was founded by a veteran himself. Pure Talk has supported 324 00:18:14,400 --> 00:18:16,479 Speaker 1: our veterans in a number of ways. They've alleviated some 325 00:18:16,640 --> 00:18:19,600 Speaker 1: ten million dollars in veteran debt by their donations, and 326 00:18:19,640 --> 00:18:22,239 Speaker 1: they're proud to announced they've gone further and fulfilling their 327 00:18:22,280 --> 00:18:25,639 Speaker 1: commitment to our veterans, making a considerable contribution to micro 328 00:18:26,320 --> 00:18:29,800 Speaker 1: charitable organization Micro Works. When you switch your cell phone 329 00:18:29,840 --> 00:18:33,760 Speaker 1: service to Pure Talk, your dollars are supporting good patriotic causes, 330 00:18:33,800 --> 00:18:36,320 Speaker 1: things you and I believe in. Plus, you get great coverage, 331 00:18:36,359 --> 00:18:38,920 Speaker 1: great service, great prices. I'm on pure Talk, but I 332 00:18:39,040 --> 00:18:41,119 Speaker 1: use all the times. My main phone carry's calling me 333 00:18:41,160 --> 00:18:43,920 Speaker 1: all the time. On my Pure Talk phone dial pound 334 00:18:44,000 --> 00:18:47,040 Speaker 1: two five zero. Say Clay and Buck. That's pound two 335 00:18:47,160 --> 00:18:49,639 Speaker 1: five zero from your phone. Say the words Clay and 336 00:18:49,680 --> 00:18:53,880 Speaker 1: Buck and save an additional fifty percent off your first month. Oh, 337 00:18:54,040 --> 00:18:57,560 Speaker 1: welcome back in to Clay and Buck. My friends. We 338 00:18:57,640 --> 00:19:01,840 Speaker 1: are talking about the Daniel Penny trial right now and 339 00:19:02,000 --> 00:19:05,080 Speaker 1: the outcome of this. Look, I'm just going to tell you, 340 00:19:05,240 --> 00:19:07,720 Speaker 1: I am concerned that justice is not going to be 341 00:19:07,760 --> 00:19:10,119 Speaker 1: done here. I am concerned that this young man's life 342 00:19:10,240 --> 00:19:16,760 Speaker 1: is going to be sacrificed to the social justice alter 343 00:19:17,040 --> 00:19:21,679 Speaker 1: if you will. It's a heavy concern right now. There 344 00:19:21,720 --> 00:19:24,360 Speaker 1: are people who are reporting from the courtroom, New York 345 00:19:24,359 --> 00:19:28,240 Speaker 1: Posts and others. A lot of activists, there a lot 346 00:19:28,240 --> 00:19:33,600 Speaker 1: of expectation on this, and the Democrat social justice community 347 00:19:34,720 --> 00:19:38,040 Speaker 1: they want to win. They want to see their power 348 00:19:38,160 --> 00:19:40,760 Speaker 1: in effect here and they want to see Alvin Bragg 349 00:19:41,560 --> 00:19:47,119 Speaker 1: make an example of this. Former Marine Daniel Penny, I 350 00:19:47,200 --> 00:19:55,000 Speaker 1: am very concerned about the outcome of this the detectives. 351 00:19:54,840 --> 00:19:57,040 Speaker 1: As I explained to you. We talk about it on 352 00:19:57,080 --> 00:20:00,360 Speaker 1: the show Clay the Lawyer. He always says this, There 353 00:20:00,480 --> 00:20:06,160 Speaker 1: is absolutely no benefit in speaking to law enforcement when 354 00:20:06,200 --> 00:20:08,679 Speaker 1: you are especially when you've been like this. I know 355 00:20:08,720 --> 00:20:11,000 Speaker 1: this from when I've taken concealed carry class for example 356 00:20:11,000 --> 00:20:14,119 Speaker 1: here in Florida. They're very good about the legal components. 357 00:20:14,160 --> 00:20:15,720 Speaker 1: If you have to use your weapon in a self 358 00:20:15,720 --> 00:20:19,480 Speaker 1: defense situation, you call law enforcement, you say I'm the 359 00:20:19,520 --> 00:20:22,600 Speaker 1: victim of a crime, please come to this address, and 360 00:20:22,640 --> 00:20:25,240 Speaker 1: then you just say when law enforcement shows up, I'm 361 00:20:25,280 --> 00:20:28,080 Speaker 1: the victim of a crime and talk to my lawyer. 362 00:20:28,960 --> 00:20:32,760 Speaker 1: You do not get into anything beyond and you wait 363 00:20:32,800 --> 00:20:35,560 Speaker 1: for eternity to show up and then you explain what 364 00:20:35,640 --> 00:20:39,359 Speaker 1: has happened with counsel present, while you've after you've discussed 365 00:20:39,359 --> 00:20:41,600 Speaker 1: with counsel. That's the way to handle this. You do 366 00:20:41,680 --> 00:20:45,840 Speaker 1: not want to start going freelance. They did the whole 367 00:20:45,840 --> 00:20:52,000 Speaker 1: camaraderie thing, I'm a marine thing, and he started talking 368 00:20:52,040 --> 00:20:54,600 Speaker 1: to them, And here's where it starts to go and 369 00:20:54,640 --> 00:20:57,320 Speaker 1: do well. Tell us you were trained? What kind of 370 00:20:57,400 --> 00:21:00,000 Speaker 1: choke hold did you use? How much force? How much 371 00:21:00,119 --> 00:21:02,560 Speaker 1: pressure did you apply? This is cut to play it. 372 00:21:02,720 --> 00:21:03,919 Speaker 3: He says, you know, if I. 373 00:21:03,920 --> 00:21:07,040 Speaker 2: Don't get this, I'm gonna kill everyone something at jail forever. 374 00:21:07,080 --> 00:21:08,920 Speaker 3: I'm willing to is it? At that point, that's when 375 00:21:08,920 --> 00:21:11,520 Speaker 3: you get up it decided to put him in the hole. 376 00:21:12,000 --> 00:21:15,119 Speaker 2: It looks like a sleeper hole to me, like similar Like, 377 00:21:15,240 --> 00:21:17,159 Speaker 2: I'm not trying to like, I'm not trying to like 378 00:21:17,640 --> 00:21:20,560 Speaker 2: kill the guy. I'm just trying to make like de 379 00:21:20,760 --> 00:21:21,720 Speaker 2: escalate the situation. 380 00:21:21,920 --> 00:21:25,520 Speaker 3: Right. I understand that Dan not as people, But would 381 00:21:25,520 --> 00:21:27,439 Speaker 3: you say what you put him in? Because I do 382 00:21:27,520 --> 00:21:29,439 Speaker 3: take Brazilian judics of myself. I've been taking it for 383 00:21:29,480 --> 00:21:31,800 Speaker 3: many years. Would you say that was considered a Reynecker choke? 384 00:21:32,920 --> 00:21:36,360 Speaker 2: I mean, I mean I didn't I don't train presuming jujitsu. 385 00:21:36,400 --> 00:21:38,080 Speaker 3: So I'm not in in the marine corps. Is that 386 00:21:38,160 --> 00:21:39,200 Speaker 3: considered raynecka choke? 387 00:21:39,840 --> 00:21:40,119 Speaker 1: IM not? 388 00:21:40,680 --> 00:21:43,280 Speaker 3: I don't know what you would call that. No, I'm 389 00:21:43,320 --> 00:21:45,119 Speaker 3: not sure because I noticed that you put it around 390 00:21:45,119 --> 00:21:46,520 Speaker 3: my neck and then you close from behind. 391 00:21:46,560 --> 00:21:47,840 Speaker 2: I would hide it on the back of his head. 392 00:21:47,920 --> 00:21:48,280 Speaker 3: I didn't. 393 00:21:48,320 --> 00:21:49,320 Speaker 2: I didn't press forward. 394 00:21:50,200 --> 00:21:51,640 Speaker 3: I noticed when you were doing it to him too. 395 00:21:52,280 --> 00:21:54,240 Speaker 3: You want to go put your legs around him? I did. 396 00:21:54,320 --> 00:21:56,560 Speaker 2: I well, I held my legs show because if you're 397 00:21:56,600 --> 00:21:58,480 Speaker 2: flopping around and stuff, you can easily get out of 398 00:21:58,480 --> 00:21:59,720 Speaker 2: that if you don't lock it. 399 00:22:00,040 --> 00:22:01,720 Speaker 3: He did as control in place that strength. 400 00:22:05,680 --> 00:22:09,679 Speaker 1: They're talking about the details here of exactly how he 401 00:22:09,760 --> 00:22:13,720 Speaker 1: was choking and everything else. Again, all of this matters. 402 00:22:14,600 --> 00:22:16,800 Speaker 1: All of this is going to be used and has 403 00:22:16,880 --> 00:22:20,000 Speaker 1: been used against him, and he doesn't. He doesn't see 404 00:22:20,000 --> 00:22:26,159 Speaker 1: it coming. He's just giving the law enforcement the tools 405 00:22:26,600 --> 00:22:29,600 Speaker 1: of his own prosecution and God forbid. But you know 406 00:22:29,840 --> 00:22:33,199 Speaker 1: his possible incarceration by getting into these desails. I know 407 00:22:33,240 --> 00:22:35,760 Speaker 1: you might say, but Buck, he's they're marines, they're cops. 408 00:22:35,840 --> 00:22:39,359 Speaker 1: They can trust each other. That No, all the law 409 00:22:39,440 --> 00:22:42,360 Speaker 1: enforces listening you know this. The answer is no, will 410 00:22:42,400 --> 00:22:45,960 Speaker 1: I talk to you without a lawyer. No, because even 411 00:22:46,000 --> 00:22:47,840 Speaker 1: if you're the good guy, or even if you thought 412 00:22:47,880 --> 00:22:49,800 Speaker 1: you were the good guy, there are details, there are 413 00:22:49,840 --> 00:22:54,040 Speaker 1: things that can be uh can be used against you. 414 00:22:56,080 --> 00:23:02,239 Speaker 1: And I tell you, it's just sad to see this. 415 00:23:03,320 --> 00:23:05,960 Speaker 1: It's sad to see this. Then they get to you're 416 00:23:05,960 --> 00:23:11,000 Speaker 1: gonna hear this part of it. The motivations. Why did 417 00:23:11,040 --> 00:23:12,280 Speaker 1: he do what he did? I want you to hear 418 00:23:12,280 --> 00:23:15,359 Speaker 1: from Daniel Penny himself. Here cut three, play it. 419 00:23:15,440 --> 00:23:17,400 Speaker 3: What made you want to get involved? What made you want? 420 00:23:17,440 --> 00:23:21,320 Speaker 2: I mean, he's like he's threatening people, and like, I'm 421 00:23:21,480 --> 00:23:24,680 Speaker 2: I'm pretty no, I'm not confrontational, not a confrontational guy. 422 00:23:25,320 --> 00:23:27,400 Speaker 2: But yeah, in the Marine Corps, I felt the need 423 00:23:27,480 --> 00:23:30,960 Speaker 2: that to, you know, step in because there's women and 424 00:23:31,040 --> 00:23:33,840 Speaker 2: children on the on the train. I'm sure you'll there's 425 00:23:33,880 --> 00:23:35,679 Speaker 2: a ladies there that that moved out for me. 426 00:23:36,240 --> 00:23:38,920 Speaker 3: And he felt like he was threatening other people. 427 00:23:38,920 --> 00:23:40,680 Speaker 2: He felt like, oh he was absolutely he felt like 428 00:23:40,720 --> 00:23:42,199 Speaker 2: someone's life was in danger. 429 00:23:43,560 --> 00:23:44,960 Speaker 3: Did anybody else hold him down? 430 00:23:45,080 --> 00:23:47,320 Speaker 2: Yeah, there was two other guys that were helping. As 431 00:23:47,359 --> 00:23:49,760 Speaker 2: soon as those guys came in and were holding his arms. 432 00:23:49,600 --> 00:23:51,879 Speaker 3: And I kind of let up he let him go. 433 00:23:52,480 --> 00:23:53,919 Speaker 3: And when you let him go, what happened? What do 434 00:23:53,960 --> 00:23:57,359 Speaker 3: you remember? It's just was he still moving? Was he 435 00:23:57,400 --> 00:23:58,320 Speaker 3: still saying anything? 436 00:23:59,040 --> 00:24:01,159 Speaker 2: Oh yeah, he was moving a bit. And I was 437 00:24:01,320 --> 00:24:03,760 Speaker 2: worried that he would go again. So telling those jo 438 00:24:03,800 --> 00:24:06,800 Speaker 2: just like, hey, like, make sure you keep hanging on 439 00:24:06,840 --> 00:24:07,160 Speaker 2: to him. 440 00:24:07,200 --> 00:24:08,919 Speaker 3: So the three of you holding him down or just 441 00:24:08,920 --> 00:24:10,000 Speaker 3: the two other generals, just. 442 00:24:09,960 --> 00:24:12,200 Speaker 2: The two other guys were hanging on to him. 443 00:24:12,240 --> 00:24:13,960 Speaker 3: And how long did they hold him down? They were 444 00:24:14,000 --> 00:24:16,600 Speaker 3: holding him down by the arms, by the arms, how 445 00:24:16,640 --> 00:24:19,080 Speaker 3: long would they holding him down before the before the 446 00:24:19,080 --> 00:24:19,680 Speaker 3: cops got there? 447 00:24:19,760 --> 00:24:22,320 Speaker 2: Like I said, man, it's like all like you're exerting 448 00:24:22,440 --> 00:24:24,560 Speaker 2: energy and. 449 00:24:23,880 --> 00:24:26,399 Speaker 3: Going right, It's like fuite a flight. Everything's going, you know, 450 00:24:26,440 --> 00:24:30,800 Speaker 3: and scratch track of time. I understand at any given time, 451 00:24:30,840 --> 00:24:33,200 Speaker 3: did you reapply any kind of holds any once you 452 00:24:33,280 --> 00:24:35,280 Speaker 3: let him go? And that was that. It. 453 00:24:37,720 --> 00:24:40,399 Speaker 1: Now a few things here, one is he's just giving 454 00:24:40,440 --> 00:24:44,480 Speaker 1: them more and more on the spot. That was It 455 00:24:44,520 --> 00:24:46,120 Speaker 1: was clearly it was all used against him, right, That's 456 00:24:46,119 --> 00:24:48,160 Speaker 1: why they brought all these charges. But what I take 457 00:24:48,200 --> 00:24:50,919 Speaker 1: from this is, so is every are the other people 458 00:24:50,920 --> 00:24:54,159 Speaker 1: involved in this? Are they accessories to murder? Or accessories 459 00:24:54,160 --> 00:24:58,240 Speaker 1: to manslaughter, because they also they didn't if this wasn't 460 00:24:58,280 --> 00:25:02,000 Speaker 1: something that that seemed like somebody stepping in to defend 461 00:25:02,040 --> 00:25:06,520 Speaker 1: the week and the vulnerable, why wouldn't the other men 462 00:25:06,320 --> 00:25:10,320 Speaker 1: on the train be shoving Penny off this guy? Right, 463 00:25:10,840 --> 00:25:13,440 Speaker 1: they're observing this whole thing too. They must have been 464 00:25:13,480 --> 00:25:17,120 Speaker 1: scared as well. They were helping him. They didn't know him. 465 00:25:17,640 --> 00:25:20,000 Speaker 1: They're not gang members all coming together to do something 466 00:25:20,040 --> 00:25:23,879 Speaker 1: bad here. They're random bystanders, and they were helping Penny 467 00:25:23,960 --> 00:25:27,600 Speaker 1: subdue this individual, this individual who shouldn't have been on 468 00:25:27,600 --> 00:25:30,760 Speaker 1: the street because the NYPD and the prosecutors of New 469 00:25:30,800 --> 00:25:34,600 Speaker 1: York City failed the people of New York. So then 470 00:25:35,000 --> 00:25:38,240 Speaker 1: a citizen, a marine, steps in and tries to protect people, 471 00:25:38,240 --> 00:25:40,320 Speaker 1: and now he's facing manslatter charters. Meanwhile, on the other 472 00:25:40,400 --> 00:25:44,800 Speaker 1: side of things, on the other side of things, Jesse 473 00:25:44,880 --> 00:25:51,040 Speaker 1: Smilette has just gotten his case overturned State Supreme Court 474 00:25:51,080 --> 00:25:52,520 Speaker 1: in Illinois. I want to talk to you about why 475 00:25:52,520 --> 00:25:54,960 Speaker 1: that happened. It's appalling that this is what's gone on, 476 00:25:55,880 --> 00:25:59,199 Speaker 1: but something else just happened too big breaking news. I 477 00:25:59,240 --> 00:26:01,520 Speaker 1: won't hold it through the I could do this thing 478 00:26:01,520 --> 00:26:04,240 Speaker 1: where I don't tell you, but Matt Gates is out 479 00:26:04,720 --> 00:26:09,639 Speaker 1: out as would be attorney general. This was announced. I 480 00:26:09,680 --> 00:26:11,720 Speaker 1: had excellent meetings. This is Matt Gates on X. I 481 00:26:11,720 --> 00:26:15,040 Speaker 1: had excellent meetings with centers yesterday. I appreciate their thoughtful 482 00:26:15,040 --> 00:26:17,639 Speaker 1: feedback and the incredible support of so many. While the 483 00:26:17,680 --> 00:26:20,600 Speaker 1: momentum was strong, it is clear that my confirmation was 484 00:26:20,760 --> 00:26:24,080 Speaker 1: unfairly becoming a distraction to the critical work of the 485 00:26:24,080 --> 00:26:27,760 Speaker 1: Trump Vance transition. Just a week after Trump announced he 486 00:26:27,840 --> 00:26:31,000 Speaker 1: planned to nominate Gates to the position. There is no 487 00:26:31,200 --> 00:26:33,760 Speaker 1: time this is again from his post on X, no 488 00:26:33,880 --> 00:26:37,240 Speaker 1: time to waste on a needlessly protracted Washington scuffle. Thus, 489 00:26:37,240 --> 00:26:39,560 Speaker 1: I'll be withdrawing my name from consideration to serve as 490 00:26:39,560 --> 00:26:42,520 Speaker 1: Attorney general. Trump's DJ must be in place and ready 491 00:26:42,520 --> 00:26:43,760 Speaker 1: on day one. 492 00:26:44,520 --> 00:26:44,680 Speaker 3: Now. 493 00:26:44,680 --> 00:26:46,359 Speaker 1: Of course, to people're gonna argue about this, is this 494 00:26:46,480 --> 00:26:48,399 Speaker 1: because Gates didn't want more to come out? I mean, 495 00:26:48,640 --> 00:26:50,560 Speaker 1: I think everything that they were going to say has 496 00:26:50,640 --> 00:26:55,480 Speaker 1: probably already come out. But there's more in that report. Okay, 497 00:26:56,240 --> 00:26:58,800 Speaker 1: Now we're looking for another attorney general for the Trump administration. 498 00:26:59,680 --> 00:27:04,920 Speaker 1: The Whisper campaign, the ethics report. Was that enough to 499 00:27:05,000 --> 00:27:07,879 Speaker 1: push Gates out on its own, or did he just 500 00:27:07,960 --> 00:27:10,280 Speaker 1: really not want to get involved in this mess any longer. 501 00:27:10,320 --> 00:27:14,359 Speaker 1: There's a lot of pieces to unravel here again with 502 00:27:14,480 --> 00:27:16,560 Speaker 1: the Penny case, I've got more thoughts, but we've got this, 503 00:27:16,720 --> 00:27:19,359 Speaker 1: We've got Jesse Smallett. And now the big breaking news, 504 00:27:19,480 --> 00:27:25,159 Speaker 1: Matt Gates never charged. I just I it's if it's so, 505 00:27:25,480 --> 00:27:27,119 Speaker 1: if they put all this stuff out there, that's the 506 00:27:27,160 --> 00:27:27,640 Speaker 1: one question. 507 00:27:27,800 --> 00:27:27,960 Speaker 3: I have. 508 00:27:28,359 --> 00:27:31,080 Speaker 1: If they have him with these with the following things, 509 00:27:31,119 --> 00:27:35,080 Speaker 1: why did they never even bring charges? Now Gates would 510 00:27:35,080 --> 00:27:36,520 Speaker 1: say because he didn't do any of this stuff that 511 00:27:36,520 --> 00:27:39,840 Speaker 1: they're saying, right, he says he is one hundred percent innocent. Well, 512 00:27:40,480 --> 00:27:44,119 Speaker 1: now he stepped away. Was this all a gambit? Did 513 00:27:44,200 --> 00:27:46,639 Speaker 1: Gates know that? He just gets sick? I can tell you. 514 00:27:46,680 --> 00:27:48,920 Speaker 1: I know Gates didn't like being in Congress that much. 515 00:27:50,000 --> 00:27:51,159 Speaker 1: I know a lot of people don't like being in 516 00:27:51,200 --> 00:27:55,600 Speaker 1: Congress that much. Spend all your time fundraising? But was 517 00:27:55,680 --> 00:28:01,159 Speaker 1: this meant to be the decoy? So to take all 518 00:28:01,240 --> 00:28:04,359 Speaker 1: this he and anything else is gonna seem reasonable, right, 519 00:28:04,640 --> 00:28:10,960 Speaker 1: or at least relatively speaking reasonable by comparison. Yeah, that's 520 00:28:11,000 --> 00:28:14,479 Speaker 1: where we are. That is the situation, my friends. Matt 521 00:28:14,600 --> 00:28:16,879 Speaker 1: Gates is out. Let's talk. Why do you think he dropped? 522 00:28:17,080 --> 00:28:19,080 Speaker 1: I want to take your calls on this one. Was 523 00:28:19,119 --> 00:28:21,400 Speaker 1: this a strategy that Gates was in on with Trump 524 00:28:21,480 --> 00:28:24,920 Speaker 1: all along? Or was the pressure too much and he 525 00:28:25,040 --> 00:28:26,480 Speaker 1: just said, look I don't need this and it's a 526 00:28:26,520 --> 00:28:27,480 Speaker 1: distraction for Trump? 527 00:28:28,600 --> 00:28:28,760 Speaker 3: Was it? 528 00:28:29,560 --> 00:28:31,680 Speaker 1: Was it forty chess? You could say, I know people 529 00:28:31,840 --> 00:28:33,760 Speaker 1: make jokes about forty chess a lot. We will get 530 00:28:33,800 --> 00:28:36,040 Speaker 1: into all that. That's big news here because that's been 531 00:28:36,040 --> 00:28:41,880 Speaker 1: a big story all day. No institution works harder to 532 00:28:41,920 --> 00:28:44,959 Speaker 1: give young people the best education in America than Hillsdale College. 533 00:28:45,320 --> 00:28:47,640 Speaker 1: For one hundred and eighty years now, Hillsdale's mission has 534 00:28:47,640 --> 00:28:49,640 Speaker 1: been to develop the minds and inspire the hearts of 535 00:28:49,680 --> 00:28:52,760 Speaker 1: its students. That and explaining and defending our nation's freedoms 536 00:28:52,800 --> 00:28:55,120 Speaker 1: and today, in just thirty seconds, you can learn what 537 00:28:55,240 --> 00:28:57,520 Speaker 1: that means by watching a short video at a specially 538 00:28:57,560 --> 00:29:01,640 Speaker 1: built website, Clay and Buck four hills Day. Since eighteen 539 00:29:01,760 --> 00:29:04,400 Speaker 1: forty four, Hillsdale has been focused on learning character and 540 00:29:04,560 --> 00:29:07,200 Speaker 1: faith in providing just the kind of education needed to 541 00:29:07,240 --> 00:29:10,959 Speaker 1: preserve liberty. They extend their mission nationwide through outreach efforts 542 00:29:11,080 --> 00:29:14,560 Speaker 1: like their free digestive Liberty in Primus too many colleges 543 00:29:14,680 --> 00:29:18,800 Speaker 1: and universities today indoctrinate their students to hate America. 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That's Clayandbuck for Hillsdale dot com. 551 00:29:42,920 --> 00:29:44,160 Speaker 3: Trepping for the holidays. 552 00:29:45,200 --> 00:29:46,960 Speaker 1: Tune into Turkey Talk. 553 00:29:46,920 --> 00:29:49,480 Speaker 2: Now found in the Clay and Buck podcast feed on 554 00:29:49,520 --> 00:29:52,760 Speaker 2: the iHeartRadio app or wherever you get your podcasts. 555 00:29:53,240 --> 00:29:55,960 Speaker 1: Welcome back into Clay and Buck. Honestly, the big breaking 556 00:29:56,040 --> 00:29:58,880 Speaker 1: news just happened them on the air. Matt Gates withdraws 557 00:29:59,520 --> 00:30:03,880 Speaker 1: his name as a possible attorney general under the Trump administration. So, 558 00:30:06,200 --> 00:30:08,000 Speaker 1: you know, I mean, if if they weren't going to 559 00:30:08,040 --> 00:30:11,160 Speaker 1: see it through, it makes me think that this was 560 00:30:11,240 --> 00:30:14,080 Speaker 1: a ploy all along, right, that this was meant to 561 00:30:14,200 --> 00:30:18,320 Speaker 1: be to be the I don't know, the uh, the 562 00:30:18,440 --> 00:30:21,400 Speaker 1: fly zapper if you will, everything they're all all morning, Joe. 563 00:30:21,400 --> 00:30:23,720 Speaker 1: They're all freaked out about about Matt Gates doing this, 564 00:30:24,160 --> 00:30:25,920 Speaker 1: And I really mean what I said before as well. 565 00:30:26,240 --> 00:30:29,840 Speaker 1: If they have all these allegations, why never charges. That's 566 00:30:29,920 --> 00:30:32,160 Speaker 1: the part of this that I don't understand. It wouldn't 567 00:30:32,160 --> 00:30:34,680 Speaker 1: be that hard. They have sworn affidavits, they have witnesses, 568 00:30:34,720 --> 00:30:37,000 Speaker 1: they have they have all this stuff. Why no charges? 569 00:30:38,440 --> 00:30:40,120 Speaker 1: If I could get an answer to that, I feel 570 00:30:40,120 --> 00:30:42,880 Speaker 1: like I'd know a lot more about what's really going 571 00:30:42,960 --> 00:30:46,240 Speaker 1: on here. But maybe he also just wants to go, 572 00:30:46,960 --> 00:30:49,400 Speaker 1: you know, be married, live his life, and enjoy himself 573 00:30:49,440 --> 00:30:51,760 Speaker 1: and not be in the midst of the scrum of 574 00:30:52,160 --> 00:30:54,800 Speaker 1: the mess, the melee that's going to be the early 575 00:30:54,880 --> 00:30:59,280 Speaker 1: part of the Trump administration. I've got to see. I 576 00:30:59,400 --> 00:31:02,360 Speaker 1: haven't talked to anybody, obviously, because it's just happened. I 577 00:31:02,360 --> 00:31:04,720 Speaker 1: haven't talked to anybody in Trump's orbit about how this 578 00:31:04,960 --> 00:31:08,320 Speaker 1: decision finally came down. It's not like they didn't know 579 00:31:08,920 --> 00:31:13,760 Speaker 1: that there were people who were gonna come after him 580 00:31:13,760 --> 00:31:16,240 Speaker 1: on Like this stuff had all been known for a while, right, 581 00:31:16,800 --> 00:31:22,280 Speaker 1: it wasn't really new. By leaving early, he doesn't stop 582 00:31:22,440 --> 00:31:28,040 Speaker 1: the Congressional report from possibly being released or even leaked. 583 00:31:28,040 --> 00:31:29,440 Speaker 1: I think it's going to be leaked. I mean, it 584 00:31:29,480 --> 00:31:31,440 Speaker 1: shouldn't be, but it probably will be. You're not supposed 585 00:31:31,440 --> 00:31:34,720 Speaker 1: to do that, but they will. So what was the 586 00:31:34,800 --> 00:31:37,560 Speaker 1: point of all of this? That's uh, it didn't last 587 00:31:37,640 --> 00:31:40,480 Speaker 1: that long. It certainly got the Libs very upset, which 588 00:31:40,560 --> 00:31:43,640 Speaker 1: in and of itself, I think there's something worthwhile in 589 00:31:43,760 --> 00:31:49,040 Speaker 1: all of that. But yeah, maybe the allegations alone were 590 00:31:49,160 --> 00:31:51,000 Speaker 1: enough to just make it too much of a distraction. 591 00:31:51,560 --> 00:31:54,680 Speaker 1: I wonder. I think there's some other very good people. 592 00:31:54,760 --> 00:31:56,840 Speaker 1: And if I'm sitting here and I'm saying who if 593 00:31:56,880 --> 00:31:59,120 Speaker 1: I'm Trump, who do I pick his ag It's Mike Lee. 594 00:31:59,360 --> 00:32:02,640 Speaker 1: If Michael will take the job, Senator Mike Lee. That's 595 00:32:02,640 --> 00:32:05,760 Speaker 1: why I'd put in guy who really knows the law, 596 00:32:06,520 --> 00:32:10,880 Speaker 1: is unafraid, you know, knows what he's taking on, knows 597 00:32:11,000 --> 00:32:16,960 Speaker 1: the system, super high IQ and a very you know, 598 00:32:17,200 --> 00:32:20,680 Speaker 1: very honorable and distinguished record, right so, which you know 599 00:32:20,800 --> 00:32:23,000 Speaker 1: might be an asset. I I think I think you 600 00:32:23,080 --> 00:32:25,840 Speaker 1: could probably find somebody who goes in there and swings 601 00:32:25,880 --> 00:32:28,680 Speaker 1: the sledgehammer, who has a little less baggage. So that's 602 00:32:28,760 --> 00:32:30,600 Speaker 1: a I'm just trying to find the trying to find 603 00:32:30,600 --> 00:32:34,840 Speaker 1: the upsides here, try to find the places where this 604 00:32:35,120 --> 00:32:40,880 Speaker 1: can be well, where this can be explained, because to me, 605 00:32:41,800 --> 00:32:45,680 Speaker 1: the most likely situation is that they did this knowing that, 606 00:32:45,840 --> 00:32:49,120 Speaker 1: but ma gets resigned from Congress, right, So that's the part. 607 00:32:49,200 --> 00:32:51,120 Speaker 1: It's not like he didn't take a big affirmative step 608 00:32:51,160 --> 00:32:54,160 Speaker 1: as though he wanted to do this. I don't know. 609 00:32:54,240 --> 00:32:56,120 Speaker 1: I mean I would, I would say, let's get Matt 610 00:32:56,160 --> 00:32:58,360 Speaker 1: on to hear his point of view on this one, 611 00:32:58,440 --> 00:33:00,440 Speaker 1: but he's probably gonna be kind of limited in what 612 00:33:00,600 --> 00:33:04,960 Speaker 1: he'll say beyond. Look, it was a mess, and I 613 00:33:05,040 --> 00:33:07,120 Speaker 1: didn't want to keep going through this and keep dealing 614 00:33:07,200 --> 00:33:15,160 Speaker 1: with this. But to me, this is indicative of a strategy. 615 00:33:15,320 --> 00:33:18,480 Speaker 1: Probably I think they knew this was going to happen, 616 00:33:19,000 --> 00:33:21,880 Speaker 1: and I think that there's some joy that Matt probably had, 617 00:33:22,040 --> 00:33:26,080 Speaker 1: Congressman Gates probably had in driving all of his enemies 618 00:33:26,120 --> 00:33:28,800 Speaker 1: completely insane. I mean, there were news stories about how 619 00:33:29,160 --> 00:33:32,960 Speaker 1: the whole swaths of the DOJ we're gonna resign, resign, 620 00:33:34,960 --> 00:33:37,080 Speaker 1: which and then people said, great, you know it's they're 621 00:33:37,160 --> 00:33:40,200 Speaker 1: they're doing the work of Doze before Doge can even 622 00:33:40,240 --> 00:33:44,120 Speaker 1: get there. But yeah, that that's the one for all 623 00:33:44,200 --> 00:33:46,960 Speaker 1: these people who say Gates broke the law, and not 624 00:33:47,120 --> 00:33:48,640 Speaker 1: just one. You know, there's the sort of the most 625 00:33:48,680 --> 00:33:51,600 Speaker 1: serious allegations against him, but they're a whole range of 626 00:33:51,720 --> 00:33:56,000 Speaker 1: you know, paying you know, even prostitutes who are of 627 00:33:56,120 --> 00:33:59,080 Speaker 1: age is illegal, right, I mean, you're allowed to send 628 00:33:59,360 --> 00:34:02,080 Speaker 1: people money if they're you know, twenty years old, they're 629 00:34:02,120 --> 00:34:05,600 Speaker 1: still still illegal to do. So there's all these different 630 00:34:05,680 --> 00:34:08,000 Speaker 1: allegations of criminal activity. And I just said, I say, 631 00:34:08,160 --> 00:34:11,320 Speaker 1: why were no charges ever broad? And maybe I don't know, 632 00:34:11,360 --> 00:34:14,480 Speaker 1: maybe it's a statute limitations thing, But if that were 633 00:34:14,520 --> 00:34:16,640 Speaker 1: the case, wouldn't they explain that, wouldn't they say that? 634 00:34:17,440 --> 00:34:17,840 Speaker 3: Anyway? 635 00:34:18,760 --> 00:34:22,200 Speaker 1: The good news is I think it no longer provides 636 00:34:22,560 --> 00:34:26,239 Speaker 1: a foil for the Democrats because they had really been 637 00:34:26,280 --> 00:34:29,560 Speaker 1: digging in hard on this one. They had been saying, 638 00:34:29,600 --> 00:34:31,520 Speaker 1: you know, this shows you what a reckless mess the 639 00:34:31,520 --> 00:34:34,280 Speaker 1: Trump administration is going to be. And he hasn't learned anything, 640 00:34:34,320 --> 00:34:36,879 Speaker 1: and it's all about loyalty to him. Well, now, I mean, 641 00:34:36,920 --> 00:34:40,040 Speaker 1: we can get somebody who I think is both really 642 00:34:40,200 --> 00:34:44,920 Speaker 1: loyal to the cause the constitution, loyal to the rule 643 00:34:45,000 --> 00:34:52,799 Speaker 1: of law, and isn't going to create quite the same vulnerabilities, Right, 644 00:34:52,920 --> 00:34:54,759 Speaker 1: you can get somebody in there who is you can 645 00:34:54,840 --> 00:34:56,920 Speaker 1: get somebody who's a brawler. I mean, you look at 646 00:34:56,960 --> 00:34:59,040 Speaker 1: someone like Cash, buttell who I hope is going to 647 00:34:59,080 --> 00:35:04,640 Speaker 1: be the next FBI director. And Cash Patel knows the system, 648 00:35:05,200 --> 00:35:10,520 Speaker 1: knows where the bodies metaphorically are buried right, knows what 649 00:35:10,680 --> 00:35:14,560 Speaker 1: the problem is within within FBI specifically dealt with it 650 00:35:14,640 --> 00:35:19,160 Speaker 1: with Fiza and and uh and you know all the nonsense, 651 00:35:19,200 --> 00:35:23,160 Speaker 1: the Russia collusion nonsense they ran against Trump. So those 652 00:35:23,239 --> 00:35:28,880 Speaker 1: are all big parts of this, I think, to understand 653 00:35:29,360 --> 00:35:32,120 Speaker 1: the excesses and then to be able to maneuver within 654 00:35:32,239 --> 00:35:35,000 Speaker 1: that system. And Cash is is a guy. 655 00:35:35,280 --> 00:35:35,879 Speaker 3: He's a good guy. 656 00:35:35,920 --> 00:35:37,800 Speaker 1: He's an honorable guy. I'm not saying, you know, Gates, 657 00:35:38,840 --> 00:35:40,520 Speaker 1: he says none of this is true about him, But 658 00:35:40,600 --> 00:35:43,120 Speaker 1: there's no allegation. There's nothing about Cash that's like, oh 659 00:35:43,200 --> 00:35:45,320 Speaker 1: my gosh, you know, hair on fire, what's going on? 660 00:35:45,680 --> 00:35:47,520 Speaker 1: And that's true of a lot of the Trump nominees too. 661 00:35:47,960 --> 00:35:50,520 Speaker 1: They've also gone really hard after my after my friend 662 00:35:50,560 --> 00:35:55,239 Speaker 1: Pete Hegseth, I know, so you know they're they're look, 663 00:35:55,320 --> 00:35:59,319 Speaker 1: it's gonna be brass knuckles in this. This Trump administration 664 00:36:00,120 --> 00:36:02,880 Speaker 1: taken by the media, the Democrats, to anybody who's on 665 00:36:03,440 --> 00:36:05,360 Speaker 1: from squad. We'll take some calls coming up here, you 666 00:36:05,400 --> 00:36:07,600 Speaker 1: know what, it'd be great. Actually we got oncle Bill 667 00:36:07,760 --> 00:36:10,920 Speaker 1: joining us. There we go. Uncle Bill can sit down 668 00:36:11,000 --> 00:36:13,320 Speaker 1: and explain what he thinks happened with Gates. Was it 669 00:36:13,400 --> 00:36:15,439 Speaker 1: a ploy or was it just too much heat? 670 00:36:15,880 --> 00:36:16,000 Speaker 3: You know? 671 00:36:16,200 --> 00:36:19,600 Speaker 1: Was this nomination meant to distract the Libs or do 672 00:36:19,719 --> 00:36:23,000 Speaker 1: they just get too freaked out? Or what what happened here? 673 00:36:23,120 --> 00:36:26,319 Speaker 1: We'll discuss that with Bill O'Reilly in just a few minutes, 674 00:36:26,360 --> 00:36:28,799 Speaker 1: and then I'll come back to the Jusse Smolette thing. 675 00:36:29,520 --> 00:36:32,479 Speaker 1: They just overturned his conviction. So now I was gonna 676 00:36:32,600 --> 00:36:34,840 Speaker 1: you know, I'm gonna tell you something's gonna drive you insane. 677 00:36:35,440 --> 00:36:38,520 Speaker 1: Not only did they overturn Jesse Smollett's conviction in Illinois, 678 00:36:39,239 --> 00:36:41,279 Speaker 1: he's going to go on to sue the state of 679 00:36:41,360 --> 00:36:44,920 Speaker 1: Illinois and he's going to get a seven figure payout. 680 00:36:45,000 --> 00:36:46,960 Speaker 1: That's my prediction. You watch, you see