WEBVTT - Cesspool of White Supremacy 0:00:11.840 --> 0:00:14.760 Good morning, peeps, and welcome to woke FF Daily with 0:00:14.840 --> 0:00:20.840 Meet your Girl Danielle Moody, recording live from my Brooklyn Cilarium. Folks, 0:00:21.680 --> 0:00:27.000 you know this country is just one big fucking cesspool. 0:00:27.480 --> 0:00:30.400 The other day on Twitter, I said that what is 0:00:30.440 --> 0:00:34.080 transpiring right now and our culture and our political climate 0:00:34.680 --> 0:00:41.360 makes cesspools look like natural springs. Um. The performative bullshit 0:00:41.520 --> 0:00:44.559 that Kevin McCarthy did on the floor at the end 0:00:44.600 --> 0:00:50.400 of last week was so disgraceful, so foolish. I mean, 0:00:50.840 --> 0:00:56.040 are we are we what trying to filibuster giving children 0:00:56.240 --> 0:01:00.320 the care that they need, giving parents child tax credit 0:01:00.400 --> 0:01:03.160 so that you know, they don't go broke while trying 0:01:03.160 --> 0:01:05.759 to also work, put food on the table and pay 0:01:05.840 --> 0:01:10.399 their mortgages. Like I just, I'm so confused every single 0:01:10.520 --> 0:01:16.200 day about what the Republican message is outside of hate, obstruction, 0:01:16.319 --> 0:01:22.760 white supremacy, misogyny, islamophobia, transphobia, homophobia, you name it, they 0:01:22.760 --> 0:01:28.840 claim it. Right. You have Matt Gates, who is a despicable, disgusting, 0:01:29.080 --> 0:01:34.000 fucking sexual predator right now, who is saying that he 0:01:34.120 --> 0:01:39.200 is going to offer a congressional internship, which mind you, 0:01:39.280 --> 0:01:42.080 Let me just remind people because I think that folks 0:01:42.440 --> 0:01:46.280 like don't necessarily know unless you've lived inside of the Beltway, 0:01:46.800 --> 0:01:52.120 that a congressional internship, a fellowship on Capitol Hill used 0:01:52.160 --> 0:01:58.280 to be something that was distinguished, prestigious. Right. I myself 0:01:58.720 --> 0:02:02.600 was a fellow on Capitol Hill many many many moons ago, 0:02:02.960 --> 0:02:06.640 when you know we had a functioning, fucking government. Right. 0:02:07.000 --> 0:02:10.919 But for Matt Gates of all fucking people to signal 0:02:11.320 --> 0:02:16.120 that he would welcome a murderer as a congressional aid 0:02:17.200 --> 0:02:20.800 just shows you that there is absolutely no bottom. And 0:02:20.880 --> 0:02:24.520 when I say that, I want people to remain vigilant 0:02:24.800 --> 0:02:27.760 because you see, when people have nothing to lose, when 0:02:27.760 --> 0:02:31.200 there is no bottom, when they have decided, as later 0:02:31.320 --> 0:02:36.720 our guest Glenn Kirshner will remind us, when they have chosen, 0:02:36.840 --> 0:02:41.440 excuse me, lawlessness. When lawlessness is where we are going, 0:02:42.000 --> 0:02:45.320 then everyone should be concerned. And I'm not saying that 0:02:45.400 --> 0:02:49.240 we should live our lives in fear, right, in fear 0:02:49.320 --> 0:02:53.240 of retaliation from the Republican Party, as they want to 0:02:53.280 --> 0:02:57.440 do over Paul Goser getting censured because he's a violent 0:02:57.520 --> 0:03:01.320 piece of shit, Right, who thinks said it's okay to 0:03:01.320 --> 0:03:05.920 post videos about murdering one of your fucking colleagues. Let 0:03:06.000 --> 0:03:08.960 me tell you something. You wouldn't have a job at 0:03:09.000 --> 0:03:12.040 a fast food fucking chain if you had put out 0:03:12.080 --> 0:03:14.520 some hot shit like that. And the fact that that 0:03:14.560 --> 0:03:19.640 motherfucker is still able to sit in Congress now toothless 0:03:20.000 --> 0:03:22.920 right because he has no power, But the fact that 0:03:22.960 --> 0:03:25.760 he still has a job and is collecting a check 0:03:26.400 --> 0:03:30.600 from the taxpayers of this goddamn country. I'm like, miss 0:03:30.639 --> 0:03:34.000 me with the bullshit, right, because if you could not 0:03:35.120 --> 0:03:39.480 act in the way that the Laura Beaubert's, the Paul Gosers, 0:03:39.760 --> 0:03:42.720 the Marshary Taylor Greens, if you couldn't act like that 0:03:43.200 --> 0:03:46.200 at a fast food chain, at a big box fucking 0:03:46.320 --> 0:03:48.680 store and think that you were going to keep your job, 0:03:48.880 --> 0:03:52.080 then how the fuck are we allowing these people to 0:03:52.240 --> 0:03:55.960 continue to be referred to as members of Congress? How 0:03:56.000 --> 0:04:00.080 were you not expelled? You know, the more that I 0:04:00.120 --> 0:04:05.080 see this party, this cult act a fool, the more 0:04:05.160 --> 0:04:10.960 that I see them embrace violence, right, and cruelty and 0:04:11.120 --> 0:04:16.080 mayhem as their choice of action, the more that I'm like, 0:04:17.040 --> 0:04:21.719 where are the guardrails? You know, the founding fathers of 0:04:21.800 --> 0:04:25.599 this nation, right, those that founded this nation on the 0:04:25.680 --> 0:04:31.080 backs and the brutality right of the you know, indigenous 0:04:31.080 --> 0:04:36.240 population that was already here could not have FORESI could 0:04:36.279 --> 0:04:40.040 not foresee the fuckery that we are in right now, 0:04:40.560 --> 0:04:44.080 because I don't think that, even for as vile of 0:04:44.240 --> 0:04:49.560 slaveholders and masters that they were, I don't think that 0:04:49.640 --> 0:04:56.240 they foresaw a party that would literally, legitimately work tirelessly 0:04:56.480 --> 0:05:01.800 to undermine the very principles that they were created. You know, 0:05:01.920 --> 0:05:07.679 I continue to wonder what happened to like raucous debate 0:05:08.279 --> 0:05:13.800 that was steeped in deep policy right and ideology, when 0:05:14.120 --> 0:05:18.239 we would actually watch our leaders go back and forth, 0:05:18.360 --> 0:05:23.000 not with barbs and insults and attacks against people's character, 0:05:23.600 --> 0:05:27.640 but instead about whether or not you were actually offering 0:05:27.720 --> 0:05:32.160 up something of note of importance to the American people 0:05:32.400 --> 0:05:36.000 that would change their day to day lives. What happened 0:05:36.040 --> 0:05:42.440 to that? You know? I am not too old, right 0:05:43.360 --> 0:05:46.719 or too young to remember a time when that was 0:05:46.800 --> 0:05:51.320 the norm, but I feel like that died when Obama 0:05:51.400 --> 0:05:53.960 was elected to office. No, and actually, if we go 0:05:54.040 --> 0:05:57.279 back even further, because we remember that this was the 0:05:57.360 --> 0:06:03.159 party that impeached Bill Clinton for a fucking blowjob, but 0:06:03.360 --> 0:06:07.840 refused to impeach Donald Trump for trying to overthrow the government, 0:06:08.360 --> 0:06:12.640 or trying to pressure and persuade a foreign leader with 0:06:12.680 --> 0:06:15.800 all of the evidence in front of them, a blowjob 0:06:16.640 --> 0:06:20.200 was much more damaging to the country than an attempted 0:06:20.279 --> 0:06:26.600 coup everywhere that we look right now, everywhere from our 0:06:26.680 --> 0:06:31.440 judicial system right and the lackluster department of justice that 0:06:31.520 --> 0:06:35.279 we have who you know, we have come to understand 0:06:35.400 --> 0:06:41.680 Merrick Garland as a man of little passion, of little urgency, 0:06:43.160 --> 0:06:48.720 of someone who is so steeped in preserving an institution, 0:06:49.080 --> 0:06:53.039 but not the integrity of that institution, not restoring the 0:06:53.240 --> 0:06:59.400 faith in our agencies at least right at least in 0:06:59.440 --> 0:07:04.840 the in the perception that justice will be served against 0:07:04.839 --> 0:07:07.760 those who break the law. We don't even have that. 0:07:08.839 --> 0:07:12.680 We're holding onto that by a fucking threat of right now. 0:07:14.120 --> 0:07:19.360 You know, I get that Democrats want to, you know, 0:07:19.480 --> 0:07:23.560 talk about policy. I get that policy is important. And 0:07:23.600 --> 0:07:26.560 the infrastructure bill that was passed and the human infrastructure 0:07:26.600 --> 0:07:29.280 bill that is coming up right behind it, these things 0:07:29.360 --> 0:07:32.840 are important. But I have got to state once again 0:07:33.160 --> 0:07:38.200 that there is nothing more important to our nation right 0:07:38.240 --> 0:07:43.360 now than securing our democracy. And you do that by 0:07:43.480 --> 0:07:48.120 bringing those who threaten our democracy who's still in this 0:07:48.280 --> 0:07:53.239 slow moving coup that is happening, that you take them, 0:07:54.600 --> 0:07:58.800 you take them right out. And I don't mean in 0:07:58.840 --> 0:08:01.440 a violent middle what in a violent way. I don't 0:08:01.480 --> 0:08:03.880 mean take them out as if they're not breathing anymore, 0:08:04.080 --> 0:08:06.760 but I mean take them out of commission, put them 0:08:06.800 --> 0:08:12.440 behind bars, make them the symbol to those that if 0:08:12.520 --> 0:08:16.800 you try again to overthrow our government, if you align 0:08:16.880 --> 0:08:22.360 yourself right with the drudges of our society and our 0:08:22.440 --> 0:08:27.960 political system, you will go to jail. How is that 0:08:28.120 --> 0:08:30.960 not like what we are doing? How is that not 0:08:31.200 --> 0:08:37.559 rocket science? I just I am out of place every 0:08:37.640 --> 0:08:42.720 day every day when I turn on the camera, when 0:08:42.760 --> 0:08:47.120 I turn on you know, the mic, and I'm always 0:08:47.240 --> 0:08:49.240 what am I going to say? What am I going 0:08:49.280 --> 0:08:52.640 to offer? That is not going to incense you all? 0:08:53.600 --> 0:08:56.760 And you know, a part of woke AF is about 0:08:57.720 --> 0:09:02.440 building productive rage. And what do I mean by productive rage? 0:09:02.679 --> 0:09:07.800 I mean that rage and anger are in fact tools, right, 0:09:08.160 --> 0:09:11.840 They are tools that help us move right if we 0:09:12.120 --> 0:09:17.480 target that energy right into having some type of outcome. 0:09:17.960 --> 0:09:21.800 Because if we were to all shrug our shoulders and 0:09:21.960 --> 0:09:26.040 just be like, well, it is what it is, then 0:09:26.120 --> 0:09:30.040 everything would get worse. And I know you're thinking to yourself, 0:09:30.080 --> 0:09:32.600 how could it get worse? Don't even ask that question, 0:09:32.880 --> 0:09:35.560 don't even put that out into the fucking universe right now, 0:09:36.679 --> 0:09:40.959 But it could the only reason why Derek Chauvin is 0:09:41.000 --> 0:09:46.760 in prison is because of people like you, because you 0:09:46.840 --> 0:09:52.960 were outraged, disgusted and decided to march, decided to donate, 0:09:53.320 --> 0:09:59.160 decided to make phone calls. That was productive anger and rage. 0:09:59.320 --> 0:10:04.520 When the late John Lewis talked about good trouble, that 0:10:04.640 --> 0:10:07.760 is when we know that justice is on our side, 0:10:08.000 --> 0:10:13.920 but that the powers that be will use any any 0:10:13.920 --> 0:10:17.959 amount of forceful tactics in order to silence us. Our 0:10:18.240 --> 0:10:25.040 voice is our power, right And I know that every 0:10:25.040 --> 0:10:29.880 single day you feel exhausted, because I know that I do, 0:10:30.760 --> 0:10:33.520 because you're like, when is enough going to be enough? Like, 0:10:33.840 --> 0:10:39.640 if we don't convict Kyle Rittenhouse of murder, what the 0:10:39.679 --> 0:10:42.040 fuck do you think is going to happen in a 0:10:42.080 --> 0:10:50.200 couple of months on these American streets with the Buggaloo 0:10:50.360 --> 0:10:52.959 Boys and the Proud Boys and all of those little 0:10:53.040 --> 0:10:59.200 menacing fucking groups now feeling emboldened right to go out 0:10:59.559 --> 0:11:02.920 and to kill because nothing is going to happen to them. 0:11:03.440 --> 0:11:08.200 We have got to continue to be angry, but restore 0:11:08.760 --> 0:11:14.640 that energy with rest right, restore that energy with a 0:11:14.760 --> 0:11:19.600 deep meditation on what we believe to be true, which 0:11:19.679 --> 0:11:23.880 is that this group, this twenty five percent of people 0:11:24.120 --> 0:11:28.360 that Donald Trump and Trumpism has a holdover, that we 0:11:28.400 --> 0:11:32.760 are still the majority, right, that there is still more 0:11:32.840 --> 0:11:35.600 of us than there are of them. But we have 0:11:35.800 --> 0:11:39.640 got to create strategy. We have got to put one 0:11:39.720 --> 0:11:43.400 foot in front of the other and hold these people accountable. 0:11:44.559 --> 0:11:48.080 And if that looks like good trouble, I am all 0:11:48.160 --> 0:11:51.480 fucking here for it. Because here's the thing is that 0:11:51.520 --> 0:11:54.240 we are not going to fight fire with fire because 0:11:54.280 --> 0:11:59.120 they have fucking bazookas, right, they have like tanks in 0:11:59.160 --> 0:12:02.080 their backyard that they're ready to roll out. So we 0:12:02.160 --> 0:12:06.200 have got to think of better ways. You know, there 0:12:06.280 --> 0:12:11.199 was a time hundreds of years ago when even the 0:12:11.240 --> 0:12:18.719 thought of abolishing slavery, the foundational economic institution that created 0:12:18.760 --> 0:12:25.720 this fucking country, right and world economies, that the thought 0:12:25.760 --> 0:12:30.040 of abolishing it was so outside the scope of realm 0:12:30.080 --> 0:12:38.000 of possibility. It took centuries, but it happened. There was 0:12:38.040 --> 0:12:40.960 a time when thinking that black people were going to 0:12:41.000 --> 0:12:45.600 be able to vote in this country was seen again 0:12:45.920 --> 0:12:48.560 outside of the realm of possibility. There's no way that 0:12:48.640 --> 0:12:53.960 this racist, rabid, white supremacist country is going to allow 0:12:56.760 --> 0:13:01.400 the children of former slaves to be able to vote. 0:13:01.600 --> 0:13:05.920 And it did. It happened every time that we think 0:13:05.960 --> 0:13:09.400 that something is impossible, every time that we believe this 0:13:09.440 --> 0:13:13.760 country will not bend with our will and our rage, 0:13:14.000 --> 0:13:16.920 we force them to. And I don't want us to 0:13:16.960 --> 0:13:21.000 lose sight of that, because they will not take our 0:13:21.120 --> 0:13:26.720 power away, not without a fucking fight. Coming up next, 0:13:27.000 --> 0:13:31.439 dear friends, is my conversation with our friend Glenn Kirshner, 0:13:31.520 --> 0:13:35.800 the host of Justice Matters and MSNBC legal analysts. He 0:13:35.960 --> 0:13:38.040 is going to run through the Written House case, the 0:13:38.160 --> 0:13:42.880 McDaniels case, where we are with Steve Bannon's indictment, and 0:13:43.080 --> 0:13:46.920 where we are moving with the insurrectionists. That is coming 0:13:47.000 --> 0:13:52.600 up next, folks. You know that every week when we 0:13:52.640 --> 0:13:55.120 have the opportunity to sit down with our friend, the 0:13:55.160 --> 0:13:59.280 host of Justice Matters, Glenn Kershner and an MSNBC legal analyst, 0:13:59.559 --> 0:14:03.000 I am both excited and also saddened by the legal 0:14:03.080 --> 0:14:06.320 news that we have to go through on a regular basis, 0:14:06.360 --> 0:14:11.560 this week being one that has been you know, incredibly daunting. 0:14:11.840 --> 0:14:16.160 I would say, Glenn, I had tweeted many times that 0:14:16.400 --> 0:14:20.280 I was not following the Kyle Rittenhouse case with the 0:14:20.360 --> 0:14:24.040 same vigor that I did with Derek Chauvin or with 0:14:24.160 --> 0:14:28.840 George Zimmerman for that matter, because based on the judges 0:14:29.120 --> 0:14:37.040 initial Judge Schrober's initial flippant remarks, whether it be around 0:14:37.080 --> 0:14:42.960 the word victim, whether it be you know, admonishing the prosecution, 0:14:44.200 --> 0:14:49.240 you know, just this week throwing out MSNBC from the courtroom, 0:14:49.280 --> 0:14:53.360 his ringtone being the ringtone that was used at every 0:14:53.440 --> 0:14:59.680 Trump rally. How do you wrap your mind around these 0:14:59.760 --> 0:15:03.160 figure garis these judges that are supposed to be these 0:15:03.160 --> 0:15:06.440 impartial figures. But what we see time and time again, 0:15:06.520 --> 0:15:08.480 much in the same way that I look at police 0:15:08.480 --> 0:15:14.000 reporting now, is that there are anything but so there is. 0:15:17.480 --> 0:15:21.520 You know, we get the elected officials that we vote for, 0:15:22.480 --> 0:15:27.960 and most judges, local judges are elective. I always thought 0:15:27.960 --> 0:15:32.520 there was an inconsistency or an incongruity between running for 0:15:32.880 --> 0:15:38.960 office to be a judge, where you're really primary responsibility 0:15:39.760 --> 0:15:44.359 is to be fair and impartial and civil to everybody, 0:15:45.080 --> 0:15:51.560 every litigant, regardless of race, gender, ethnicity, national origin, you know, lifestyle, 0:15:51.720 --> 0:15:56.520 any of that running for office and then serving as 0:15:56.520 --> 0:15:59.080 a judge when you because you know, these judges will 0:15:59.160 --> 0:16:02.160 run for office saying I'm going to be the I'm 0:16:02.160 --> 0:16:05.080 gonna take liberties here, the hanging judge, law and order, 0:16:05.240 --> 0:16:08.320 lock them all up, keep our community safe. Well, judge, 0:16:08.360 --> 0:16:10.840 that that's not your job. Your job is to be 0:16:10.920 --> 0:16:16.400 a fair and impartial referee in essence between the prosecution 0:16:16.880 --> 0:16:20.160 and the defense. And it is your job, judge, to 0:16:20.280 --> 0:16:24.440 make sure that the prosecution doesn't overreach and violate the 0:16:24.560 --> 0:16:28.080 rights of the defendant. So you know, we get the 0:16:28.160 --> 0:16:33.640 judges we deserve when we elect them. So I don't know, Danielle. 0:16:33.600 --> 0:16:37.480 I've always struggled to figure out how can we best 0:16:37.560 --> 0:16:43.120 go about installing judges appointed judges appointed by the president 0:16:43.240 --> 0:16:46.120 if it's a federal court, or by a governor, if 0:16:46.200 --> 0:16:49.160 it's a state court, or elected I don't think there 0:16:49.360 --> 0:16:54.600 is any perfect way to choose and put in place 0:16:55.080 --> 0:16:58.800 judges because we have a whole bunch of Mitch McConnell 0:16:58.880 --> 0:17:02.800 judges that were rated not qualified by the American Bar Association, 0:17:03.080 --> 0:17:07.080 and a corrupt president got to install them on the 0:17:07.119 --> 0:17:10.800 federal bench. So but Judge Trader, I think is unique. 0:17:11.160 --> 0:17:16.040 I've appeared before nearly two hundred judges I think military 0:17:16.040 --> 0:17:18.960 and civilian, trial court and appellate court. In my thirty 0:17:19.040 --> 0:17:24.240 years of prosecuting cases. I've never seen somebody quite as 0:17:24.320 --> 0:17:29.359 ill suited to be a judge as Judge Schroeder. He made, 0:17:29.440 --> 0:17:33.600 you know, a really horrific decision that I don't believe 0:17:33.600 --> 0:17:35.760 any other judge would have made on the front end 0:17:35.920 --> 0:17:39.840 end of this trial. And that infuriated me because victims' 0:17:39.920 --> 0:17:43.440 rights are also near and dear to my heart. When 0:17:43.480 --> 0:17:46.800 he said, the prosecution may not refer to the victims 0:17:46.800 --> 0:17:51.399 as victims, but the defense may refer to those same 0:17:51.520 --> 0:17:56.480 people as rioters and looters and arsonists and basically people 0:17:56.480 --> 0:17:59.400 who brought it on themselves. They deserved what they got. 0:18:00.040 --> 0:18:04.080 That was the message the judge allowed to be said 0:18:04.119 --> 0:18:08.000 to the jury based on his disparity of treatment of 0:18:08.040 --> 0:18:14.359 the parties. That's horrendous and biased. So and then you 0:18:14.720 --> 0:18:16.639 ticked off a number of other things he did. He 0:18:16.680 --> 0:18:19.480 said something really ominous at the end too, that I've 0:18:19.520 --> 0:18:22.880 gone back and I've read and reread to try to understand. 0:18:23.720 --> 0:18:25.959 He said, and I'm going to paraphrase a little bit, 0:18:25.960 --> 0:18:29.600 but it's been published in any number of articles. He said, well, 0:18:29.640 --> 0:18:33.000 you know, if the jury gets things right, everything will 0:18:33.040 --> 0:18:36.080 be fine, and if not, it's going to get ugly. 0:18:36.600 --> 0:18:41.000 I've never had a judge articulate that, Danielle, but it 0:18:41.200 --> 0:18:46.280 feels to me like he hasn't ruled on the motion 0:18:46.440 --> 0:18:48.720 for a mistrial because he's waiting to see what the 0:18:48.800 --> 0:18:52.240 jury does. If the jury finds him not guilty, in 0:18:52.359 --> 0:18:55.439 his biased mind, it might be no harm, no foul. 0:18:56.080 --> 0:18:59.919 If the jury finds him guilty. There's something that is 0:19:00.119 --> 0:19:03.920 little used called a j n o V judgment notwithstanding 0:19:04.000 --> 0:19:07.760 a verdict. A judge can enter a not guilty verdict 0:19:07.800 --> 0:19:11.400 after a jury has returned a guilty verdict if he 0:19:11.520 --> 0:19:15.920 believes the jury's verdict is not supported by the evidence. 0:19:16.200 --> 0:19:21.440 And when I heard the judge say that, and it 0:19:21.600 --> 0:19:24.800 sent a chill down my spine, because it almost feels 0:19:25.520 --> 0:19:28.680 like if the jury convicts Rittenhouse, he would be prepared 0:19:28.720 --> 0:19:32.239 to grant a j n o V which is kind of, 0:19:33.000 --> 0:19:35.359 in substance, the same as a mistrial. And he hasn't 0:19:35.440 --> 0:19:40.320 ruled on the mistrial motion yet. Boy, that would be 0:19:40.359 --> 0:19:44.920 about as ugly as judicial conduct gets. In my opinion. 0:19:46.880 --> 0:19:50.960 But you know, Glenn, knowing all of that to be true, 0:19:51.240 --> 0:19:55.920 knowing that anyone who without a legal degree could see 0:19:55.960 --> 0:19:59.960 that this judge was extraordinarily biased right from the moment. 0:20:00.480 --> 0:20:03.000 I don't know what else you call people that are 0:20:03.080 --> 0:20:06.720 murdered in cold blood, that decided to leave their homes 0:20:06.720 --> 0:20:10.760 in a pandemic to protest against injustice. I don't know 0:20:10.800 --> 0:20:13.240 what you would call those people other than to refer 0:20:13.280 --> 0:20:16.919 to them as victims, right when there is no evidence 0:20:17.119 --> 0:20:20.000 of looting or arson or any of the heinous things 0:20:20.359 --> 0:20:23.240 that he brought up that the defense was able to use. 0:20:23.280 --> 0:20:29.000 And so what recourse, if any, would the prosecution have 0:20:29.680 --> 0:20:34.120 to remove a person like Judge Schroeder or to contest 0:20:35.000 --> 0:20:38.879 right whatever his ruling may be that could subvert what 0:20:39.040 --> 0:20:42.080 it is the decision that comes out from the jury. Sadly, 0:20:42.160 --> 0:20:45.880 the prosecutors don't have a lot of remedies available to them. 0:20:45.920 --> 0:20:52.440 The defense has remedies available incomparable circumstances. But prosecutors can 0:20:52.480 --> 0:20:55.280 make a motion to have a judge recuse himself from 0:20:55.320 --> 0:21:00.680 the case for bias or improper judicial conduct. How often 0:21:00.720 --> 0:21:03.120 do you think a judge is going to say, yeah, 0:21:03.119 --> 0:21:05.359 you know what, I have done a bunch of improper stuff, 0:21:05.400 --> 0:21:08.600 so I think I'll remove myself. Yeah, how about never 0:21:08.920 --> 0:21:12.200 or almost never? We get motions to recuse when there 0:21:12.240 --> 0:21:16.240 are some financial entanglements, like, for example, a stock a 0:21:16.320 --> 0:21:19.639 judge owns stock in a company and that company is 0:21:19.680 --> 0:21:21.919 involved in the litigation. Okay, then the judge has a 0:21:21.920 --> 0:21:24.760 conflict and would need to remove him or herself from 0:21:24.760 --> 0:21:29.480 the case. But you know, the prosecution has relatively few 0:21:29.640 --> 0:21:34.119 tools available to remove a bad judge. If a judge 0:21:34.160 --> 0:21:38.640 makes a decision that's a case ending decision. For example, 0:21:38.920 --> 0:21:42.520 he just decides to dismiss the charges. Well, that could 0:21:42.600 --> 0:21:45.520 be appealed in the due course by the prosecution. That's 0:21:45.560 --> 0:21:48.760 one of the few things the prosecutors might be able 0:21:48.800 --> 0:21:53.040 to appeal. Otherwise we are at the whims of judges. 0:21:53.280 --> 0:21:56.680 And that was my experience for three decades trying cases. 0:21:57.080 --> 0:21:59.920 You just you draw a judge and you have to 0:22:00.160 --> 0:22:04.520 live with that judge's peculiarities. And every judge has their 0:22:04.520 --> 0:22:07.919 own peculiarities. I've just never seen any as bad as 0:22:08.000 --> 0:22:14.439 Judge Schroeder. I just you know, I guess the question 0:22:14.480 --> 0:22:17.160 that I constantly ask you, I feel like every week, 0:22:17.400 --> 0:22:20.119 is how are people supposed to have faith in a 0:22:20.200 --> 0:22:24.760 judicial system that is clearly rigged, Like how are we 0:22:24.880 --> 0:22:28.640 supposed to And this is again why I decided to 0:22:28.680 --> 0:22:34.000 put my mental and emotional health first and not follow 0:22:34.440 --> 0:22:37.280 each and every moment of this trial and just you know, 0:22:37.480 --> 0:22:40.159 would read back on the transcripts or watch the clips 0:22:40.160 --> 0:22:43.440 on cable news because I knew how I knew from 0:22:43.480 --> 0:22:47.320 the beginning where this would go right And and the 0:22:47.359 --> 0:22:50.280 fact is, much in the same way that is happening 0:22:50.440 --> 0:22:53.960 with regard to the lack of vigor and prosecution of 0:22:54.000 --> 0:22:58.119 the one six insurrectionists. What kind of country does Judge 0:22:58.119 --> 0:23:02.480 Schroeder think that he's setting up when you are allowing 0:23:02.880 --> 0:23:07.560 for there to be zero accountability for any person to 0:23:07.640 --> 0:23:10.320 be able to pick up a gun, pick up a rifle, 0:23:10.880 --> 0:23:15.800 drive across state and insert themselves right in a situation 0:23:16.119 --> 0:23:19.840 where they get to play toy soldier or toy cop 0:23:19.880 --> 0:23:22.800 and take people's lives Like what I mean, what do 0:23:23.320 --> 0:23:27.600 what does he think? What is going to happen? And 0:23:27.680 --> 0:23:30.359 follow suitan is and is that you know, without me 0:23:30.480 --> 0:23:35.360 being super dark and cynical, is that the point right? 0:23:35.520 --> 0:23:38.080 Much in the same way that Donald Trump told the 0:23:38.200 --> 0:23:42.119 Proud Boys to stand back and stand by. Is this 0:23:42.720 --> 0:23:47.040 impending decision right and the movement and what we heard 0:23:47.080 --> 0:23:52.000 from this judge essentially a very overt nod to the 0:23:52.040 --> 0:23:56.679 written houses of the world that arm up right because 0:23:56.720 --> 0:24:03.000 nothing will happen to you. We consider you a patriot. Yeah, 0:24:01.800 --> 0:24:06.080 there are politicians who are making no secret of their 0:24:07.000 --> 0:24:10.520 admiration and even respect for Kyle Rittenhouse and what he did. 0:24:11.359 --> 0:24:16.280 Matt Gates said yesterday, I believe that I will I'm 0:24:16.320 --> 0:24:20.080 considering hiring him as an intern because fill in the blanks, 0:24:20.160 --> 0:24:24.760 he killed some folks I deem undesirable. This is where 0:24:24.800 --> 0:24:27.520 we are. So I know you and I Danielle. Every 0:24:27.520 --> 0:24:30.399 week we ask ourselves and we ask each other, and frankly, 0:24:30.440 --> 0:24:32.399 neither one of us ever comes up with a good answer. 0:24:32.880 --> 0:24:37.679 How can it be? How can the citizenry continue to 0:24:37.720 --> 0:24:40.359 have faith, for example, in the criminal justice system? And 0:24:40.400 --> 0:24:43.720 I think the answer is, you know, faith in the 0:24:43.720 --> 0:24:46.880 criminal justice system is eroding. I mean, people are now 0:24:46.960 --> 0:24:50.159 viewing the Supreme Court and they do polls on these things, 0:24:50.840 --> 0:24:55.320 as you know, becoming illegitimate and hopelessly biased and political. 0:24:55.400 --> 0:24:58.399 And I think that is now permeating that some of 0:24:58.400 --> 0:25:01.320 the trial courts certainly the federal bench where we have 0:25:01.359 --> 0:25:04.800 all these ideologus appointed by Trump and Mitch McConnell. And 0:25:04.920 --> 0:25:07.399 now you see the Schrader the Schraders of the world. 0:25:07.800 --> 0:25:10.080 You know, now, what we also should at least take 0:25:10.119 --> 0:25:12.720 some comfort in is the judge who presided over the 0:25:12.800 --> 0:25:16.960 Derek Schaubin case or murdering George Floyd. He ran a 0:25:17.040 --> 0:25:20.040 trial the way that a trial should be run. I've 0:25:20.040 --> 0:25:23.320 been trying to watch some of the Arbary case. That 0:25:23.400 --> 0:25:26.679 judge seems, at least the rulings that I've seen, he 0:25:26.680 --> 0:25:29.520 seems to be doing a good job. I appeared before 0:25:30.480 --> 0:25:35.600 dozens and dozens and dozens of judges who were outstanding jurists, 0:25:35.760 --> 0:25:38.320 made me proud every day, even when they were ruling 0:25:38.359 --> 0:25:43.840 against my position. I mean, it's still out there now. Unfortunately. 0:25:44.400 --> 0:25:47.560 You know, it's often the horror stories that get all 0:25:47.600 --> 0:25:52.720 of the airtime. But you know, I think faith is eroding. 0:25:52.800 --> 0:25:57.000 Faith is eroding in all of our institutions, in the courts, 0:25:57.040 --> 0:26:02.080 in the Congress, in the executive branch, the Department of Justice. 0:26:02.160 --> 0:26:05.200 My goodness, Daniel, you ask the question, how can people 0:26:05.240 --> 0:26:08.520 have faith when it seems like the criminal justice system 0:26:09.400 --> 0:26:13.119 is rigged. Well, it's been rigged in favor of Donald 0:26:13.119 --> 0:26:16.719 Trump and company for years now, and I think, you know, 0:26:17.840 --> 0:26:20.560 we may just lose all faith and indeed we may 0:26:20.600 --> 0:26:24.760 lose our republic if Trump and company aren't brought to justice. 0:26:24.840 --> 0:26:29.160 So yeah, it's we are on a very bad trajectory 0:26:29.280 --> 0:26:33.600 right now with respect to faith and trust in the 0:26:33.680 --> 0:26:38.040 integrity of our courts. You know, I keep saying to 0:26:39.200 --> 0:26:44.240 this week that these trials that are happening right now 0:26:44.760 --> 0:26:48.400 is really about America. It is really about you know 0:26:48.960 --> 0:26:52.320 where and if we ever truly had a moral compass 0:26:52.359 --> 0:27:00.800 in this country right where you have two cases of aggrieved, enraged, 0:27:01.480 --> 0:27:06.399 armed white racists right who are on trial from the 0:27:06.400 --> 0:27:12.919 age of seventeen up until their fifties sixties, and they 0:27:12.960 --> 0:27:16.160 all they all believe that they had a license to kill. 0:27:16.920 --> 0:27:19.880 Whether you're looking at the McDaniels and they're saying, well, 0:27:19.960 --> 0:27:23.800 we had the right to create to do a citizen's arrest, right, 0:27:23.840 --> 0:27:27.639 I mean, this is their defense, you said, Kyle Rittenhouse, 0:27:27.680 --> 0:27:30.480 It's like I was doing what no one else was 0:27:30.520 --> 0:27:33.679 going to do. It's it's like, how do you know? 0:27:34.080 --> 0:27:38.120 And I genuinely ask, like, how do you make sense 0:27:38.840 --> 0:27:43.359 of what I perceive to be incredibly irrational behavior. I 0:27:43.400 --> 0:27:47.720 am enraged almost every single day at the injustices that 0:27:47.800 --> 0:27:50.800 I see, But by virtue of being a black, queer 0:27:50.840 --> 0:27:53.439 woman in America, I don't have the ability to go 0:27:53.520 --> 0:27:57.520 pick up a rifle and go take out my rage, right. 0:27:57.560 --> 0:27:59.200 I don't have the ability to go jump in a 0:27:59.200 --> 0:28:03.320 car in circle said person that I see and take 0:28:03.359 --> 0:28:06.080 them down because I don't want them on my street. 0:28:07.080 --> 0:28:10.840 And what this climate is creating is, you know, somebody 0:28:10.840 --> 0:28:13.920 had said to me the other day, it is reminiscent 0:28:14.440 --> 0:28:18.800 and possibly worse than the nineteen sixties that it is. 0:28:18.560 --> 0:28:21.280 It is. It is worse because the climate of fear 0:28:21.920 --> 0:28:27.800 and terrorism is being supported outwardly by our justice system 0:28:28.040 --> 0:28:32.840 with no backing, no no even conversation honestly that it's 0:28:32.880 --> 0:28:36.880 being happened, that's being had on the left by Democrats 0:28:36.880 --> 0:28:42.400 saying that there is something fundamentally broken. And I'm just wondering, like, 0:28:43.000 --> 0:28:48.400 is there messaging because we cannot continue to pretend that 0:28:48.520 --> 0:28:52.680 justice is blind. We cannot continue to pretend that these judges, 0:28:52.720 --> 0:28:54.880 whether they sit on the Supreme Court, of Federal court 0:28:54.880 --> 0:28:58.760