1 00:00:01,880 --> 00:00:04,800 Speaker 1: This is Alec Baldwin, and you're listening to Here's the 2 00:00:04,880 --> 00:00:09,520 Speaker 1: Thing from iHeart Radio. In twenty twenty three and twenty 3 00:00:09,560 --> 00:00:13,240 Speaker 1: twenty four, author E. Gene Carroll faced Donald Trump in 4 00:00:13,280 --> 00:00:18,000 Speaker 1: court and one both times. My guest today is the 5 00:00:18,040 --> 00:00:21,320 Speaker 1: attorney who took on Trump in both cases and secured 6 00:00:21,400 --> 00:00:26,680 Speaker 1: two unanimous jury verdicts against him. ROBERTA. Or Robbie Caplan 7 00:00:27,000 --> 00:00:30,880 Speaker 1: as a renowned civil litigator and trial lawyer with decades 8 00:00:30,920 --> 00:00:35,360 Speaker 1: of experience in commercial, higher education, government regulation, and civil 9 00:00:35,479 --> 00:00:39,239 Speaker 1: rights litigation. She has been consistently ranked as one of 10 00:00:39,240 --> 00:00:43,360 Speaker 1: the top litigators in the country. Caplin famously woned the 11 00:00:43,400 --> 00:00:48,000 Speaker 1: Supreme Court on behalf of LGBTQ rights activist Edith Windsor 12 00:00:48,240 --> 00:00:51,400 Speaker 1: in a landmark case that required the federal government to 13 00:00:51,440 --> 00:00:57,720 Speaker 1: recognize same sex marriages. Originally from Cleveland, Ohio, Caplin attended 14 00:00:57,760 --> 00:01:02,080 Speaker 1: Harvard University and Columbia Law School, But before settling in 15 00:01:02,120 --> 00:01:05,839 Speaker 1: New York City, Kaplain studied Russian history and briefly lived 16 00:01:05,840 --> 00:01:09,280 Speaker 1: in Moscow. I was curious what it was like living 17 00:01:09,319 --> 00:01:09,880 Speaker 1: in Russia. 18 00:01:11,080 --> 00:01:14,360 Speaker 2: In a lot of ways, I think it shaped my 19 00:01:14,520 --> 00:01:16,560 Speaker 2: view of the world more than anything else in my life. 20 00:01:17,600 --> 00:01:22,320 Speaker 2: It was nineteen seven, I'm very old, and Glossnows had 21 00:01:22,319 --> 00:01:25,520 Speaker 2: been announced. Gorbachev was the head of right of the government. 22 00:01:25,800 --> 00:01:28,120 Speaker 2: Glassos had been announced, but it was still the old system. 23 00:01:28,800 --> 00:01:31,559 Speaker 2: And so I got, you know, a semester of seeing 24 00:01:31,600 --> 00:01:35,600 Speaker 2: what it was like to live in a totalitarian, authoritarian regime. 25 00:01:35,640 --> 00:01:38,720 Speaker 2: And it was insane. We would go into our classrooms 26 00:01:39,400 --> 00:01:42,120 Speaker 2: and there would be these bugs at the ceiling and 27 00:01:42,200 --> 00:01:44,160 Speaker 2: sometimes the bugs would break and you'd hear like all 28 00:01:44,200 --> 00:01:46,520 Speaker 2: the static coming out, and everyone would just act like 29 00:01:46,560 --> 00:01:50,520 Speaker 2: it was normal. The teachers all had to be Communist 30 00:01:50,520 --> 00:01:53,960 Speaker 2: Party members, and so they had a class on the 31 00:01:54,080 --> 00:01:56,360 Speaker 2: Russian words strata vietnya. I guess it would be like 32 00:01:56,440 --> 00:02:00,559 Speaker 2: customs of the country, and they would say things like, oh, 33 00:02:00,640 --> 00:02:03,000 Speaker 2: you know, we have the consa male and then one 34 00:02:03,000 --> 00:02:04,640 Speaker 2: of the American kids will raise their hands and say, oh, 35 00:02:04,760 --> 00:02:06,280 Speaker 2: we have the same thing. It's the girl Scouts and 36 00:02:06,320 --> 00:02:09,280 Speaker 2: boy Scouts, and I'd be like, what are you talking about? 37 00:02:09,320 --> 00:02:12,400 Speaker 2: Like it was just terrifying to see how if you 38 00:02:12,480 --> 00:02:15,920 Speaker 2: put people, even Americans. I guess we're seeing that today, 39 00:02:16,280 --> 00:02:18,600 Speaker 2: but if you put Americans in that environment, they kind 40 00:02:18,600 --> 00:02:21,840 Speaker 2: of succumb to it. It gave me I'm sorry to say, 41 00:02:21,919 --> 00:02:24,359 Speaker 2: a very negative view of human nature, which probably isn't 42 00:02:24,400 --> 00:02:26,160 Speaker 2: such a good thing, although it's good for a lawyer. 43 00:02:26,800 --> 00:02:30,880 Speaker 1: I often tell myself that, you know, all these societies 44 00:02:30,919 --> 00:02:34,520 Speaker 1: ours included, you can't judge them by their political leadership. 45 00:02:34,520 --> 00:02:36,959 Speaker 1: I mean, the people might be completely different. Are the 46 00:02:37,040 --> 00:02:39,760 Speaker 1: Russian people very different from their political Well? 47 00:02:39,800 --> 00:02:41,960 Speaker 2: I know, the people I knew and hung out with 48 00:02:42,080 --> 00:02:43,840 Speaker 2: were like, I was crazy. They're hung out with all 49 00:02:43,880 --> 00:02:46,400 Speaker 2: these dissidents and refused next Jews who had asked to 50 00:02:46,440 --> 00:02:49,240 Speaker 2: leave and been refused. And you couldn't tell one group 51 00:02:49,240 --> 00:02:50,840 Speaker 2: of friends about the other group of friends because that 52 00:02:50,880 --> 00:02:53,239 Speaker 2: would make them paranoid. And it was very kind of 53 00:02:53,320 --> 00:02:57,600 Speaker 2: cloak and daggery kgb E. But the people I were 54 00:02:57,639 --> 00:02:59,919 Speaker 2: friends with was great, and you would this is actually 55 00:03:00,200 --> 00:03:03,000 Speaker 2: and you would hang out all night and drink vodka 56 00:03:03,520 --> 00:03:06,320 Speaker 2: and talk about Russian literature. And then when I came 57 00:03:06,360 --> 00:03:08,800 Speaker 2: back here, I was like, what's wrong with Americans? Like 58 00:03:08,840 --> 00:03:10,800 Speaker 2: were also shallow. I had a little bit of a breakdown. 59 00:03:10,840 --> 00:03:13,200 Speaker 2: I was like, what's our society is just so surface 60 00:03:13,240 --> 00:03:14,280 Speaker 2: as opposed to the Russians. 61 00:03:15,040 --> 00:03:19,280 Speaker 1: Did you come from like a super legal minded family? 62 00:03:19,880 --> 00:03:22,800 Speaker 2: What do I had a roof coding. Business really didn't 63 00:03:22,800 --> 00:03:26,320 Speaker 2: really wear in Cleveland, which was my mom's dad's business. 64 00:03:26,400 --> 00:03:28,360 Speaker 2: So I don't going to sound very clean. In Cleveland, 65 00:03:28,360 --> 00:03:30,600 Speaker 2: it's proounced roof coding, I under said, New York, it's 66 00:03:30,680 --> 00:03:33,000 Speaker 2: roof coding. But he had a factory, and in the 67 00:03:33,000 --> 00:03:36,760 Speaker 2: summers I worked there, I would load five gallon pails. 68 00:03:36,440 --> 00:03:38,360 Speaker 1: With Now, do you have any siblings. 69 00:03:38,480 --> 00:03:41,400 Speaker 2: I have a younger brother, and he was in the business. Yeah, 70 00:03:41,440 --> 00:03:42,839 Speaker 2: he had to do the fun stuff because he could 71 00:03:42,840 --> 00:03:43,800 Speaker 2: like drive the forklift. 72 00:03:44,360 --> 00:03:48,160 Speaker 1: Now, when you decide to go to law school, what what? 73 00:03:48,160 --> 00:03:50,480 Speaker 1: What inspired that decision? 74 00:03:50,720 --> 00:03:53,760 Speaker 2: So originally I thought I was so into Russian history 75 00:03:53,800 --> 00:03:55,920 Speaker 2: from college. I thought I wanted to be a Russian historian. 76 00:03:57,280 --> 00:03:59,000 Speaker 2: But I soon realized that if you're going to be 77 00:03:59,040 --> 00:04:01,240 Speaker 2: a professor, you don't really have any control about where 78 00:04:01,280 --> 00:04:04,040 Speaker 2: you live. And I knew from the time I was 79 00:04:04,080 --> 00:04:05,960 Speaker 2: a very young kid that I wanted to move to 80 00:04:06,000 --> 00:04:09,280 Speaker 2: New York. My mom had a subscription New York Magazine 81 00:04:09,640 --> 00:04:11,160 Speaker 2: and I would read it, and I would read all 82 00:04:11,200 --> 00:04:14,760 Speaker 2: the new journalism and Gale Green's restaurant reviews and Tom Wolfe, 83 00:04:14,760 --> 00:04:16,919 Speaker 2: and I was like, ALLEGI, yeah, exact this is for me. 84 00:04:17,920 --> 00:04:19,880 Speaker 2: So once I realized that I could end up like 85 00:04:19,960 --> 00:04:22,719 Speaker 2: it Wisconsin or wherever an academic, I was like, I 86 00:04:22,760 --> 00:04:24,680 Speaker 2: want to do the law. And I went to law school, 87 00:04:25,360 --> 00:04:28,560 Speaker 2: still not one hundred percent sure, but then I kind 88 00:04:28,560 --> 00:04:30,720 Speaker 2: of fell in love with the not so much the 89 00:04:30,760 --> 00:04:32,680 Speaker 2: school part of law school, but the courtroom part, because 90 00:04:32,680 --> 00:04:34,279 Speaker 2: I would go and watch trials and stuff. 91 00:04:35,200 --> 00:04:38,000 Speaker 1: And when you are there, what year do you enter 92 00:04:38,240 --> 00:04:39,240 Speaker 1: Columbia Law School? 93 00:04:39,320 --> 00:04:42,119 Speaker 2: So I entered Columbia Law School eighty a graduate college, 94 00:04:42,120 --> 00:04:44,640 Speaker 2: in eighty eight. They used to call me straight through. 95 00:04:45,360 --> 00:04:46,880 Speaker 2: I should have taken time off. I didn't take your 96 00:04:46,920 --> 00:04:47,279 Speaker 2: time off. 97 00:04:47,400 --> 00:04:49,719 Speaker 1: So you go. You start Columbia Law School in eighty eight. 98 00:04:50,000 --> 00:04:51,640 Speaker 2: Up by Columbia Crime was incredible. 99 00:04:52,080 --> 00:04:54,520 Speaker 1: Well, the reason I asked that is because what was 100 00:04:54,600 --> 00:04:56,800 Speaker 1: law school like for a woman back then? Did you 101 00:04:56,800 --> 00:04:58,159 Speaker 1: find it was different than it is now? 102 00:04:59,240 --> 00:05:02,840 Speaker 2: And now I teach the I just taught my class yesterday. Yeah, 103 00:05:02,920 --> 00:05:05,640 Speaker 2: I mean it was. There were much many fewer women 104 00:05:07,080 --> 00:05:09,400 Speaker 2: in the firms, for sure. In New York there were 105 00:05:09,440 --> 00:05:11,719 Speaker 2: a lot. You know, when I went to Paul Weiss, 106 00:05:13,000 --> 00:05:16,120 Speaker 2: there was one woman litigation partner who's now a judge. 107 00:05:16,279 --> 00:05:18,640 Speaker 2: And they made me partner a year early with another 108 00:05:18,640 --> 00:05:20,840 Speaker 2: woman because they didn't have anyone, partly because they didn't 109 00:05:20,839 --> 00:05:24,120 Speaker 2: they need to get someone partners quick, and there weren't 110 00:05:24,200 --> 00:05:26,320 Speaker 2: a lot of role models out there, that's for sure. 111 00:05:27,279 --> 00:05:30,080 Speaker 1: I read, well, you had your classes with people in 112 00:05:30,160 --> 00:05:32,360 Speaker 1: the firms you worked in. Was it a situation where 113 00:05:32,800 --> 00:05:34,600 Speaker 1: it's like, with men do it, it's fine, but if 114 00:05:34,640 --> 00:05:36,560 Speaker 1: women do it, they're apparently it. 115 00:05:36,480 --> 00:05:38,400 Speaker 2: Was that for sure. He's passed away. So I can 116 00:05:38,400 --> 00:05:41,080 Speaker 2: say this. I had the former head of my firm 117 00:05:41,720 --> 00:05:44,479 Speaker 2: tell me one day that I was a bulldog, and 118 00:05:44,480 --> 00:05:46,279 Speaker 2: first of all, I felt like saying, well, maybe you 119 00:05:46,320 --> 00:05:48,200 Speaker 2: meant bull dyke, Like I'm not sure what you mentioned 120 00:05:48,240 --> 00:05:50,800 Speaker 2: with bulldog wethink that I said? But second of all, like, 121 00:05:50,839 --> 00:05:52,880 Speaker 2: I'm a litigator, Like what are you saying? That's what 122 00:05:52,920 --> 00:05:55,760 Speaker 2: we do? So there that was definitely an issue throughout 123 00:05:55,800 --> 00:05:57,559 Speaker 2: the profession. It's it's gotten better, for sure. 124 00:05:58,160 --> 00:06:00,599 Speaker 1: When you decided to go to law school. When you 125 00:06:00,640 --> 00:06:02,640 Speaker 1: were done, was it worth it? Did it turn out 126 00:06:02,680 --> 00:06:06,520 Speaker 1: to be satisfy this thing you wanted about dwelling in courtrooms? 127 00:06:07,040 --> 00:06:08,599 Speaker 2: Yeah, I mean I think the idea, I mean, the 128 00:06:08,640 --> 00:06:12,840 Speaker 2: great gift of being a lawyer and having the kind 129 00:06:12,839 --> 00:06:14,240 Speaker 2: of career of had and being able to work at 130 00:06:14,240 --> 00:06:16,880 Speaker 2: firms with all their problems. But who taught me so 131 00:06:16,920 --> 00:06:20,919 Speaker 2: many things is the ability to actually change things in 132 00:06:20,960 --> 00:06:23,640 Speaker 2: our society in a way that very few people can. 133 00:06:24,279 --> 00:06:26,880 Speaker 2: I mean, you can really make a difference not only 134 00:06:26,920 --> 00:06:29,279 Speaker 2: to your clients but to causes in the United States 135 00:06:29,279 --> 00:06:31,520 Speaker 2: if you bring the right case at the right time 136 00:06:31,800 --> 00:06:34,719 Speaker 2: and rage equality. Yeah, when there's the perfect example. So 137 00:06:35,680 --> 00:06:38,200 Speaker 2: you know, in Paul Weiss where I started, really that 138 00:06:38,279 --> 00:06:40,920 Speaker 2: culture was so strong in the litigation department. Arthur Lyman 139 00:06:41,640 --> 00:06:44,080 Speaker 2: and Marty London were great heads of the departments, and 140 00:06:44,120 --> 00:06:46,480 Speaker 2: that's how they practice, and that's how they taught me 141 00:06:46,560 --> 00:06:47,320 Speaker 2: how to practice. 142 00:06:48,400 --> 00:06:50,920 Speaker 1: When you take a case, what just makes you decide 143 00:06:50,960 --> 00:06:53,320 Speaker 1: you're going to take the case? What do you look for? 144 00:06:54,440 --> 00:06:56,799 Speaker 2: So if it's a case where I think it's very 145 00:06:56,920 --> 00:06:59,440 Speaker 2: likely to go all the way to trial, I mean, 146 00:06:59,440 --> 00:07:01,240 Speaker 2: it's probably not that different than what you look at 147 00:07:01,480 --> 00:07:05,080 Speaker 2: very much thinking about how is this witness going to appear, 148 00:07:05,720 --> 00:07:07,120 Speaker 2: how is she going to this person going to appears 149 00:07:07,120 --> 00:07:10,320 Speaker 2: a witness? How credible is their story? What do they 150 00:07:10,360 --> 00:07:13,240 Speaker 2: have that corroborates their story, What are the weaknesses of 151 00:07:13,280 --> 00:07:16,000 Speaker 2: the story, and I kind of put it all together 152 00:07:16,000 --> 00:07:19,120 Speaker 2: in some weird Yeah. 153 00:07:19,160 --> 00:07:22,200 Speaker 1: Well, I mean Egene did this show, and she would 154 00:07:22,240 --> 00:07:25,480 Speaker 1: be as I've heard referred to in like movies of 155 00:07:25,520 --> 00:07:28,040 Speaker 1: the thirties and forties, she would be a flibberty gibbet. 156 00:07:28,480 --> 00:07:29,760 Speaker 1: She's a very kinetic woman. 157 00:07:29,800 --> 00:07:30,560 Speaker 2: You can say that again. 158 00:07:30,640 --> 00:07:33,200 Speaker 1: Yeah, she's like a bird out of the cage and 159 00:07:33,240 --> 00:07:35,880 Speaker 1: she's all over the place. What were your concerns about 160 00:07:35,880 --> 00:07:37,280 Speaker 1: that in terms of her as a witness. 161 00:07:37,680 --> 00:07:39,760 Speaker 2: So she came into There were two things that immediately 162 00:07:39,840 --> 00:07:41,320 Speaker 2: I thought that they were. On the plus, I won 163 00:07:42,080 --> 00:07:43,360 Speaker 2: I don't have to tell you. I mean, she's this 164 00:07:43,400 --> 00:07:46,640 Speaker 2: beautiful woman, so when you're having a woman who's alleging 165 00:07:46,640 --> 00:07:49,080 Speaker 2: that someone assaulted her, I mean it was totally credible 166 00:07:49,640 --> 00:07:52,160 Speaker 2: that Donald Trump would find her attractive. So that was good. 167 00:07:52,200 --> 00:07:54,480 Speaker 2: And she was very articulate, and I thought she'd be 168 00:07:54,520 --> 00:07:58,400 Speaker 2: able to be charming in the courtroom, which she ultimately was. 169 00:07:59,160 --> 00:08:02,600 Speaker 2: The other thing that's me was that the story was 170 00:08:02,760 --> 00:08:05,680 Speaker 2: so kooky, like the details of it that she went 171 00:08:05,680 --> 00:08:08,000 Speaker 2: in to Berndurf Goodman and he said, let's go shopping, 172 00:08:08,080 --> 00:08:10,520 Speaker 2: and they went up to the lingerie department in the evening. 173 00:08:10,560 --> 00:08:12,520 Speaker 2: No one was the stories. If you wanted to make 174 00:08:12,560 --> 00:08:15,560 Speaker 2: up a story about Donald Trump sexually assaulting you, that 175 00:08:15,600 --> 00:08:17,800 Speaker 2: would not be the story you would make up. And then, 176 00:08:17,840 --> 00:08:19,960 Speaker 2: of course she told her two close friends within the 177 00:08:20,000 --> 00:08:23,600 Speaker 2: next forty eight hours. The donald sides, of course, were A. 178 00:08:23,720 --> 00:08:27,200 Speaker 2: It was Donald Trump. B. It's generally very very hard 179 00:08:27,240 --> 00:08:30,800 Speaker 2: for women to prove sexual assaults, especially one that took 180 00:08:30,800 --> 00:08:33,400 Speaker 2: place pretty sure it was the spring of nineteen ninety six, 181 00:08:33,440 --> 00:08:38,040 Speaker 2: those many years ago. She she is a very kinetic 182 00:08:38,240 --> 00:08:40,720 Speaker 2: human being, and we had to work I mean, I 183 00:08:40,720 --> 00:08:43,400 Speaker 2: thought she was great in the courtroom, but we had 184 00:08:43,400 --> 00:08:46,319 Speaker 2: to talk and work with her about kind of how 185 00:08:46,360 --> 00:08:49,439 Speaker 2: to testify as opposed to how to kind of talk 186 00:08:49,480 --> 00:08:51,640 Speaker 2: as a journalist. She has a tendency to become a 187 00:08:51,679 --> 00:08:54,400 Speaker 2: journalist all the time and to ask people questions, and 188 00:08:54,400 --> 00:08:56,000 Speaker 2: we had to keep saying, oh, no, no, you have to 189 00:08:56,040 --> 00:08:59,439 Speaker 2: answer questions. Now you can't ask the questions. I think 190 00:08:59,480 --> 00:09:01,160 Speaker 2: she doesn't want talk about herself, so she'd rather be 191 00:09:01,200 --> 00:09:04,640 Speaker 2: a drunk. I have to say, my colleagues at the time, 192 00:09:04,679 --> 00:09:06,360 Speaker 2: no one thought it was a good case. Other than me, 193 00:09:06,800 --> 00:09:09,280 Speaker 2: they were very well, what was their logic so long 194 00:09:09,360 --> 00:09:13,840 Speaker 2: ago there wasn't any physical evidence. I mean, she'd have 195 00:09:13,840 --> 00:09:16,080 Speaker 2: this dress, but the likelihood that there was anything. 196 00:09:15,880 --> 00:09:17,520 Speaker 1: That was going to do it wasn't the black dress, like 197 00:09:17,559 --> 00:09:18,400 Speaker 1: Monica Lewinsky. 198 00:09:18,520 --> 00:09:20,520 Speaker 2: Well, she actually said, well it wasn't. It wasn't. She 199 00:09:20,559 --> 00:09:23,800 Speaker 2: saved her dress, but not to prove anything. She saved 200 00:09:23,800 --> 00:09:27,720 Speaker 2: it because it was a Donna Karen Black, very expensive dress, 201 00:09:27,720 --> 00:09:29,120 Speaker 2: and she was like, this is too good of a dress. 202 00:09:29,160 --> 00:09:31,199 Speaker 2: I'm not getting rid of it. So she put it 203 00:09:31,200 --> 00:09:32,680 Speaker 2: in the back of her closet. She never wore again. 204 00:09:33,720 --> 00:09:37,640 Speaker 1: Now, of course, I'm of the school having done this 205 00:09:37,679 --> 00:09:40,960 Speaker 1: whole Trump stick on SNL for quite a while, for 206 00:09:41,040 --> 00:09:45,000 Speaker 1: four years, that first four years. For me, everything that 207 00:09:45,040 --> 00:09:47,240 Speaker 1: could be possibly said about Trump has already been said. 208 00:09:47,240 --> 00:09:50,600 Speaker 1: And anybody talking about Trump anymore other than in actual 209 00:09:50,679 --> 00:09:53,800 Speaker 1: facts and journalism is a waste of time. When you're 210 00:09:53,800 --> 00:09:56,000 Speaker 1: in there. He was in the courtroom and you got 211 00:09:56,000 --> 00:09:56,880 Speaker 1: to examine him. 212 00:09:57,240 --> 00:09:58,520 Speaker 2: None in the courtroom examined him. 213 00:09:58,520 --> 00:10:01,640 Speaker 1: At Marlago, you did, You did deposition with him, yeah, 214 00:10:01,679 --> 00:10:04,640 Speaker 1: which it was depicitioning. So he never testified in a trial. 215 00:10:04,760 --> 00:10:07,959 Speaker 2: He had the option to. The judge gave him until 216 00:10:08,040 --> 00:10:10,040 Speaker 2: to just change his mind, until five o'clock first, the 217 00:10:10,120 --> 00:10:11,600 Speaker 2: judge said ten o'clock on Sunday. 218 00:10:11,640 --> 00:10:14,240 Speaker 1: But you can't make them testify. I thought in civil 219 00:10:14,280 --> 00:10:16,520 Speaker 1: cases you could. I'm gonna talk to him, right. 220 00:10:17,000 --> 00:10:19,439 Speaker 2: I was able to use the deposition video though, because 221 00:10:19,440 --> 00:10:22,880 Speaker 2: he didn't testify, we were able to play some of 222 00:10:22,960 --> 00:10:25,800 Speaker 2: the most telling I would say, excerpts of the deposition 223 00:10:25,880 --> 00:10:27,760 Speaker 2: for the jury. Who saw them and. 224 00:10:27,720 --> 00:10:29,800 Speaker 1: When you had and you questioned him for how long 225 00:10:29,840 --> 00:10:30,560 Speaker 1: in mar a Lago? 226 00:10:31,280 --> 00:10:34,079 Speaker 2: Probably seven hours. 227 00:10:33,040 --> 00:10:35,679 Speaker 1: In one session or a couple sessions one session once. 228 00:10:35,760 --> 00:10:37,720 Speaker 2: I did it twice one it was another case I 229 00:10:37,720 --> 00:10:40,600 Speaker 2: had against him, a fraud case that ultimately didn't survive. 230 00:10:41,080 --> 00:10:43,520 Speaker 1: And then in the case with her, how did you 231 00:10:43,640 --> 00:10:48,760 Speaker 1: find him in terms of because he's obviously very cagy, 232 00:10:48,960 --> 00:10:51,320 Speaker 1: He's a guy that has sidestepped a lot of serious 233 00:10:51,360 --> 00:10:55,880 Speaker 1: problems with his wits and his guts and his madness perhaps, 234 00:10:55,880 --> 00:10:58,040 Speaker 1: but how did you find him? 235 00:10:58,720 --> 00:11:00,840 Speaker 2: So? I had a strategy I learned actually as a 236 00:11:00,840 --> 00:11:03,120 Speaker 2: young lawyer, kind of being in a minority and having 237 00:11:03,120 --> 00:11:04,800 Speaker 2: people think about you differently as a woman, which I 238 00:11:04,840 --> 00:11:07,280 Speaker 2: call the spider strategy. What I mean by that is 239 00:11:07,320 --> 00:11:09,200 Speaker 2: I kind of act like I don't know what I'm 240 00:11:09,240 --> 00:11:11,760 Speaker 2: doing and then for a long time and then I'll 241 00:11:11,800 --> 00:11:14,439 Speaker 2: finet the end, I'll kind of pounce. And so with him, 242 00:11:14,440 --> 00:11:17,959 Speaker 2: I was very polite. I spent the first two hours 243 00:11:18,000 --> 00:11:22,320 Speaker 2: asking him questions that he could brag about. So, for example, 244 00:11:22,679 --> 00:11:25,160 Speaker 2: we know it was a Thursday night. It happened for 245 00:11:25,200 --> 00:11:27,560 Speaker 2: two reasons. One that's when Berdruf Gribbin stayed late one 246 00:11:27,640 --> 00:11:30,120 Speaker 2: night a week back then. And two that's when the 247 00:11:30,120 --> 00:11:33,560 Speaker 2: writer's table met at Elaine's. And the truth of it 248 00:11:33,600 --> 00:11:35,640 Speaker 2: is Egene was going to go to dinner there afterwards, 249 00:11:35,679 --> 00:11:37,520 Speaker 2: and I know the whole thing began. She's admitted this 250 00:11:37,800 --> 00:11:39,480 Speaker 2: because she thought it would be a great story. Oh, 251 00:11:39,520 --> 00:11:41,520 Speaker 2: I'll tell my friends this joke, a story about how 252 00:11:41,520 --> 00:11:44,720 Speaker 2: I helped Trump shop for a gift. And so I 253 00:11:44,720 --> 00:11:46,080 Speaker 2: got him to say, I said, oh, you used to 254 00:11:46,120 --> 00:11:47,840 Speaker 2: like going to Elaine's. Yes, you went there and with 255 00:11:47,880 --> 00:11:50,320 Speaker 2: Havana very often. Yes, And you must have sat at 256 00:11:50,360 --> 00:11:52,040 Speaker 2: the Writer's table, didn't you. And He's like, oh, yes, 257 00:11:52,120 --> 00:11:55,320 Speaker 2: sat there many times. Like you could get him to 258 00:11:55,480 --> 00:11:58,040 Speaker 2: say same thing that he'd been at a Saturay Night Live. 259 00:11:58,120 --> 00:12:01,600 Speaker 2: She you know, Egene wrote for season you were Night 260 00:12:01,679 --> 00:12:03,640 Speaker 2: Live a lot. Yes, you could kind of get him 261 00:12:03,679 --> 00:12:06,120 Speaker 2: to admit, I don't think you understod I was doing, 262 00:12:06,480 --> 00:12:08,360 Speaker 2: but that he was. He had every reason to know 263 00:12:08,360 --> 00:12:12,240 Speaker 2: who Egene was. Like you, they overlapped in certain ways 264 00:12:12,280 --> 00:12:14,160 Speaker 2: in New York society and ways that he definitely knew 265 00:12:14,160 --> 00:12:16,960 Speaker 2: who she was. And I kind of just loaned him 266 00:12:17,000 --> 00:12:17,360 Speaker 2: into it. 267 00:12:17,920 --> 00:12:19,960 Speaker 1: And she was a woman in terms of her physical 268 00:12:20,640 --> 00:12:24,240 Speaker 1: composition that certainly he's she would he would make it 269 00:12:24,280 --> 00:12:25,680 Speaker 1: his business to meet someone like that. 270 00:12:26,360 --> 00:12:28,280 Speaker 2: And as he said it, the thing he identified her 271 00:12:28,280 --> 00:12:30,680 Speaker 2: as Marvel Maples, they did look a lot alike. The 272 00:12:30,720 --> 00:12:31,720 Speaker 2: truth is, back then. 273 00:12:32,240 --> 00:12:36,320 Speaker 1: When you have a contingency case. In my cases, my 274 00:12:36,440 --> 00:12:42,559 Speaker 1: civil cases we've had, there are support expenses, photo copying, 275 00:12:42,640 --> 00:12:46,920 Speaker 1: all this stuff. Paralegals, I mean, they're they're the people 276 00:12:47,160 --> 00:12:49,520 Speaker 1: say again it's a fortune. Well, the person who was 277 00:12:49,559 --> 00:12:52,680 Speaker 1: my attorney, we had a contingency arrangement, but not for 278 00:12:52,720 --> 00:12:55,520 Speaker 1: those expenses. So they're handing you, even though you're not 279 00:12:55,520 --> 00:12:58,880 Speaker 1: paying the major bill, you're getting handed hundreds of thousands 280 00:12:58,880 --> 00:13:02,840 Speaker 1: of dollars of this this stuff. Now with you, did 281 00:13:02,880 --> 00:13:05,200 Speaker 1: you do that? Did you have to pass on to her? No? 282 00:13:05,280 --> 00:13:08,160 Speaker 2: We had very long all. No, don to Eddy, there 283 00:13:08,160 --> 00:13:11,040 Speaker 2: has become very controversial. Trump is obsessed with this. Reied 284 00:13:11,080 --> 00:13:15,239 Speaker 2: Hoffman stepped in and agreed to pay the outside expenses. 285 00:13:15,480 --> 00:13:18,760 Speaker 2: And he was he's the guy started linked in a 286 00:13:18,800 --> 00:13:21,800 Speaker 2: technic and he did why. He thought it was a 287 00:13:21,800 --> 00:13:24,600 Speaker 2: good case and he thought it would be you know, 288 00:13:24,800 --> 00:13:27,760 Speaker 2: important for people to see what happened, and so he agreed. 289 00:13:27,840 --> 00:13:30,040 Speaker 2: He had a foundation that was doing kind of Trump 290 00:13:30,080 --> 00:13:34,120 Speaker 2: stuff and they funded almost all that's the cost the 291 00:13:34,120 --> 00:13:37,240 Speaker 2: most expensive which were security of course, right, because when 292 00:13:37,280 --> 00:13:39,079 Speaker 2: every time we went to court, we needed bodyguard and 293 00:13:39,120 --> 00:13:40,080 Speaker 2: all that stuff. 294 00:13:39,840 --> 00:13:43,760 Speaker 1: For her for her Wow. So it's to be assumed 295 00:13:43,800 --> 00:13:46,280 Speaker 1: because you've got five million in one judgment in eighty 296 00:13:46,320 --> 00:13:48,000 Speaker 1: three whatever, and the other one. 297 00:13:48,000 --> 00:13:50,160 Speaker 2: She's about I think she's I'm going to knock on wood. 298 00:13:50,400 --> 00:13:52,200 Speaker 2: I think we're going to get the first five right, 299 00:13:52,240 --> 00:13:54,320 Speaker 2: and we've waived our contingency on that, so she will 300 00:13:54,320 --> 00:13:55,719 Speaker 2: get the whole entire five million. 301 00:13:55,559 --> 00:13:57,400 Speaker 1: Right, and then it's down the road where they're going 302 00:13:57,440 --> 00:13:58,240 Speaker 1: to get the eighty front. 303 00:13:58,320 --> 00:13:59,560 Speaker 2: That's a little bit of a bigger bet. 304 00:13:59,880 --> 00:14:05,120 Speaker 1: You do a contingency, Is it assumed that there are 305 00:14:05,160 --> 00:14:07,400 Speaker 1: times you don't win, Yeah, and you have to eat 306 00:14:07,400 --> 00:14:10,359 Speaker 1: that call those months and months of trial. 307 00:14:10,480 --> 00:14:12,160 Speaker 2: And a lot of these firms that take on these 308 00:14:12,240 --> 00:14:15,240 Speaker 2: huge continuencies that last years and years, they have to 309 00:14:15,280 --> 00:14:17,079 Speaker 2: fund it all that, and sometimes they have this thing 310 00:14:17,120 --> 00:14:18,599 Speaker 2: called litigation finance. 311 00:14:18,200 --> 00:14:20,440 Speaker 1: Where right people invest in the case and they buy 312 00:14:20,480 --> 00:14:20,800 Speaker 1: a piece. 313 00:14:21,080 --> 00:14:22,000 Speaker 2: I've never done that, but. 314 00:14:22,280 --> 00:14:23,840 Speaker 1: You never have. What do you what's your opinion of that? 315 00:14:24,560 --> 00:14:26,240 Speaker 2: I think it can be very helpful. I just I 316 00:14:26,240 --> 00:14:27,720 Speaker 2: would rather get the whole thing at the end. So 317 00:14:27,760 --> 00:14:29,240 Speaker 2: I'm willing to bet on my own risk. 318 00:14:29,560 --> 00:14:32,880 Speaker 1: Right, I'm going to pivot to me two times up. 319 00:14:33,400 --> 00:14:35,880 Speaker 1: You know, if Trump weren't president, if you weren't someone 320 00:14:35,920 --> 00:14:41,520 Speaker 1: who was empowered politically by so many people, he'd probably 321 00:14:41,560 --> 00:14:42,960 Speaker 1: be in jail right now, don't you think. 322 00:14:43,720 --> 00:14:46,960 Speaker 2: Yeah, I mean it's not one hundred. I mean, first, 323 00:14:46,960 --> 00:14:50,360 Speaker 2: certainly the special prosecutor would have put him in jail 324 00:14:50,400 --> 00:14:52,600 Speaker 2: for sure had that happened, because I mean, he's been 325 00:14:52,640 --> 00:14:56,600 Speaker 2: testifying today and it's incredibly powerful. Jack Smith, Look, I 326 00:14:56,680 --> 00:15:00,520 Speaker 2: think eaching it would be surprised to me. Let me 327 00:15:00,600 --> 00:15:02,440 Speaker 2: put this way, that Egene were that Egene was the 328 00:15:02,440 --> 00:15:04,120 Speaker 2: only one. I mean, other women have said that he 329 00:15:04,160 --> 00:15:07,000 Speaker 2: assaulted them. I assume it's true. I assume there are 330 00:15:07,000 --> 00:15:08,920 Speaker 2: women out there who are just too afraid for good 331 00:15:08,960 --> 00:15:12,000 Speaker 2: reason to come forward. I was actually down at the 332 00:15:12,000 --> 00:15:16,120 Speaker 2: Manhattan DA last night until ten o'clock with a client 333 00:15:16,200 --> 00:15:19,400 Speaker 2: terrible story domestic violence, and I was talking to the 334 00:15:19,520 --> 00:15:22,440 Speaker 2: young prosecutors and I said to them, you know, Egene 335 00:15:22,480 --> 00:15:24,080 Speaker 2: was right not to go to you guys in nineteen 336 00:15:24,160 --> 00:15:25,760 Speaker 2: ninety six, like they won't have done it. And he 337 00:15:25,800 --> 00:15:27,520 Speaker 2: was like, no, you're right, they won't have done anything 338 00:15:27,560 --> 00:15:30,000 Speaker 2: in nineteen ninety six, But sooner or later I would 339 00:15:30,000 --> 00:15:30,760 Speaker 2: have caught up to him. 340 00:15:31,080 --> 00:15:36,000 Speaker 1: Apropos of Me two times Up, there are tremendous successes, 341 00:15:36,320 --> 00:15:41,080 Speaker 1: in my opinion, and overdue justice on behalf of people 342 00:15:41,080 --> 00:15:43,840 Speaker 1: in terms of the ME two times which you know 343 00:15:44,000 --> 00:15:47,840 Speaker 1: Harvey is the ault obviously, but how do you wait? 344 00:15:48,440 --> 00:15:51,320 Speaker 1: What what the time ME two times up campaign has 345 00:15:51,320 --> 00:15:51,880 Speaker 1: a complied? 346 00:15:52,000 --> 00:15:54,000 Speaker 2: So I've spent a lot of time thinking about this 347 00:15:54,920 --> 00:15:57,240 Speaker 2: and how it crashed and burned at the end, and 348 00:15:57,320 --> 00:15:59,840 Speaker 2: why it crashed and burned at the end, and really 349 00:16:00,240 --> 00:16:02,560 Speaker 2: and then kind of the bad publicity that I got 350 00:16:02,600 --> 00:16:06,920 Speaker 2: and others involved got. Look, on the one hand, there 351 00:16:06,960 --> 00:16:09,880 Speaker 2: were people like Harveing others who deserved everything they got. 352 00:16:10,680 --> 00:16:13,760 Speaker 2: But I do believe, and it actually goes all the 353 00:16:13,800 --> 00:16:16,400 Speaker 2: way back to Russia that we reached a kind of 354 00:16:16,480 --> 00:16:22,160 Speaker 2: Robespierre period and it actually helped reelect Trump where it 355 00:16:22,240 --> 00:16:28,920 Speaker 2: was just after collecting heads rather than exercising judgment, seeing 356 00:16:28,960 --> 00:16:32,760 Speaker 2: like the differences understanding nuance, etc. There definitely was a 357 00:16:32,880 --> 00:16:37,760 Speaker 2: kind of guillotine aspect to it at its height, and 358 00:16:37,800 --> 00:16:41,360 Speaker 2: that was a mistake. There's no question that people were hurt. 359 00:16:42,360 --> 00:16:44,600 Speaker 2: There's no question that people who were guilty again, as 360 00:16:44,600 --> 00:16:48,080 Speaker 2: I said, got their just desserts. I've thought a lot 361 00:16:48,120 --> 00:16:51,000 Speaker 2: about what we could have done to change that. Part 362 00:16:51,000 --> 00:16:53,120 Speaker 2: of me thinks that's human nature when these things happen. 363 00:16:53,200 --> 00:16:56,880 Speaker 2: But it's terrible, and it's terrible because people who were 364 00:16:56,920 --> 00:16:58,720 Speaker 2: hurt bright. It's terrible because again I think it had 365 00:16:58,720 --> 00:17:01,560 Speaker 2: a huge impact on reelect in Trump the second time. 366 00:17:02,160 --> 00:17:04,240 Speaker 2: The other thing I think about a lot is that 367 00:17:05,040 --> 00:17:08,639 Speaker 2: at times up we were dependent on celebrities for our power. 368 00:17:08,680 --> 00:17:11,119 Speaker 2: And that was great. It gave us great power. But 369 00:17:11,280 --> 00:17:14,160 Speaker 2: we failed to realize is that, and this is understandable, 370 00:17:14,440 --> 00:17:17,800 Speaker 2: celebrities don't have a lot of tolerance for controversy, right, 371 00:17:18,200 --> 00:17:20,080 Speaker 2: So the minute things started to get a little iffy, 372 00:17:21,240 --> 00:17:23,800 Speaker 2: you know, people started fleeing the ship very very quickly, 373 00:17:23,880 --> 00:17:25,080 Speaker 2: and it was hard to hold it together. 374 00:17:25,600 --> 00:17:28,639 Speaker 1: I remember seeing people individual people meeting with them, meeting 375 00:17:28,680 --> 00:17:33,720 Speaker 1: them with in studios, very much like this Keeler Charlie Rose. 376 00:17:34,440 --> 00:17:36,840 Speaker 1: Not everybody was pressing a button to lock the door 377 00:17:36,840 --> 00:17:40,000 Speaker 1: of their office at NBC to prevent you from getting out. 378 00:17:40,000 --> 00:17:42,760 Speaker 1: There were gradations of this, and I felt that a 379 00:17:42,760 --> 00:17:46,639 Speaker 1: lot of people got washed up in the sweep there unfairly. 380 00:17:47,280 --> 00:17:50,360 Speaker 1: Look there people who didn't deserve to be canceled. I 381 00:17:51,160 --> 00:17:52,160 Speaker 1: they need some counseling. 382 00:17:52,600 --> 00:17:54,720 Speaker 2: The Times tried to cancel me. So two summers ago, 383 00:17:55,560 --> 00:17:58,119 Speaker 2: there was a reporter at the Times who spent ten months, 384 00:17:58,760 --> 00:18:01,320 Speaker 2: literally ten months, calling everyone who's ever worked with me, 385 00:18:01,400 --> 00:18:03,639 Speaker 2: everyone I know, saying what's the dirt on Robbie Kaplan, 386 00:18:04,040 --> 00:18:06,240 Speaker 2: which is pretty insane because I'm kind of boring. There's 387 00:18:06,280 --> 00:18:08,560 Speaker 2: like not a lot of dirt on me. And she 388 00:18:08,640 --> 00:18:11,399 Speaker 2: wrote this very nasty piece and it really gave me. 389 00:18:11,440 --> 00:18:13,560 Speaker 2: I have to say, it was a very painful period, 390 00:18:14,280 --> 00:18:19,160 Speaker 2: but it really gave me an understanding of the damage 391 00:18:19,160 --> 00:18:21,399 Speaker 2: that could be done. I mean it was at the 392 00:18:21,440 --> 00:18:24,920 Speaker 2: second Trump trial. I'm standing there closing to the jury. 393 00:18:24,960 --> 00:18:27,720 Speaker 2: I have Trump seven feet to my left, and I 394 00:18:27,720 --> 00:18:29,720 Speaker 2: have this New York Times reporter seven feet to my right, 395 00:18:30,040 --> 00:18:31,679 Speaker 2: and I was like, I don't even just wait wait 396 00:18:31,720 --> 00:18:35,159 Speaker 2: to look. I was like, this is insane. So it 397 00:18:35,240 --> 00:18:38,119 Speaker 2: gave me a lot more sympathy and empathy for how 398 00:18:38,200 --> 00:18:40,640 Speaker 2: damaging that can be. Again, I think we've moved away 399 00:18:40,680 --> 00:18:42,760 Speaker 2: from it. But the problem with social media is it 400 00:18:42,880 --> 00:18:44,199 Speaker 2: just it encourages it. 401 00:18:49,400 --> 00:18:54,879 Speaker 1: Lawyer Robbie Kaplan. If you enjoy conversations with lawyers representing 402 00:18:54,920 --> 00:18:58,840 Speaker 1: controversial clients, check out my episode with Dean Strang the 403 00:18:58,960 --> 00:19:02,320 Speaker 1: defense Attorney Fee to the documentary Making a Murderer. 404 00:19:03,240 --> 00:19:06,359 Speaker 3: This happens a client comes in, potential client comes in, 405 00:19:06,400 --> 00:19:08,760 Speaker 3: You meet with him, he lays it all out, and 406 00:19:09,840 --> 00:19:13,600 Speaker 3: you know, my reaction is, look, you're cooked. They've got you, 407 00:19:14,320 --> 00:19:17,919 Speaker 3: and they're gonna want you to cooperate against others, and 408 00:19:18,000 --> 00:19:21,480 Speaker 3: you probably should. That's probably your best option right at 409 00:19:21,480 --> 00:19:22,040 Speaker 3: this point. 410 00:19:22,560 --> 00:19:25,760 Speaker 1: And I don't do that. I'm not the right lawyer 411 00:19:26,080 --> 00:19:30,760 Speaker 1: for that. To hear more of my conversation with attorney 412 00:19:30,800 --> 00:19:35,240 Speaker 1: Dean Strang, go to Here's the Thing dot org. After 413 00:19:35,280 --> 00:19:38,520 Speaker 1: the break, Robbie Kaplan tells the story of taking her 414 00:19:38,520 --> 00:19:41,320 Speaker 1: seven year old son to the White House and his 415 00:19:41,520 --> 00:19:56,880 Speaker 1: interaction with Justice Ruth Bader Ginsburg. I'm Alec Baldwin, and 416 00:19:56,920 --> 00:20:01,160 Speaker 1: this is here's the thing. Robbie Kaplan received her graduate 417 00:20:01,200 --> 00:20:04,640 Speaker 1: degree from Columbia Law School and went on to join 418 00:20:04,640 --> 00:20:09,080 Speaker 1: the law firm Paul Weiss. While at the firm, Kaplan 419 00:20:09,119 --> 00:20:12,960 Speaker 1: would eventually take on her alma mater as a client. Today, 420 00:20:13,080 --> 00:20:17,399 Speaker 1: Caplin teaches a yearly seminar at Columbia University's Law School 421 00:20:17,720 --> 00:20:22,280 Speaker 1: as an adjunct professor. I was curious how her experience 422 00:20:22,320 --> 00:20:25,679 Speaker 1: with Columbia has changed over the years and how she 423 00:20:25,720 --> 00:20:27,880 Speaker 1: would describe law students today. 424 00:20:28,840 --> 00:20:30,520 Speaker 2: Well, it just certain my new class yesterday. 425 00:20:30,760 --> 00:20:31,399 Speaker 1: What do you teach? 426 00:20:31,760 --> 00:20:35,800 Speaker 2: It's a very sexy topic, advanced civil procedure. I'll have 427 00:20:35,840 --> 00:20:39,199 Speaker 2: a question for someone actually signs up for that. I 428 00:20:39,240 --> 00:20:41,760 Speaker 2: think they're more serious than we were, for sure. 429 00:20:41,880 --> 00:20:44,200 Speaker 1: Really why because the world saw. 430 00:20:44,160 --> 00:20:46,080 Speaker 2: Grim Really that's a sense. 431 00:20:46,240 --> 00:20:48,480 Speaker 1: Do they express that to you in some ways. 432 00:20:48,240 --> 00:20:50,120 Speaker 2: A little bit? I mean, it was just the first 433 00:20:50,160 --> 00:20:52,240 Speaker 2: class yesterday, But last year I taught it too, and 434 00:20:52,280 --> 00:20:55,359 Speaker 2: they seem, I mean, we had some interesting discussions about it, 435 00:20:55,359 --> 00:20:57,840 Speaker 2: but they seem there's not a lot of hope for them. 436 00:20:57,920 --> 00:21:01,800 Speaker 2: About it's sad they can achieve. Even talking about courts 437 00:21:01,840 --> 00:21:04,520 Speaker 2: and cases and kind of how the system has changed 438 00:21:04,560 --> 00:21:06,879 Speaker 2: over time is a little bit depressant. You want to 439 00:21:06,920 --> 00:21:08,000 Speaker 2: hear my best White House story? 440 00:21:08,080 --> 00:21:08,720 Speaker 1: Go right ahead. 441 00:21:09,200 --> 00:21:12,440 Speaker 2: So after Windsor, we get invited to the White House 442 00:21:12,480 --> 00:21:14,720 Speaker 2: for it was the Honka party, I think, and I 443 00:21:14,800 --> 00:21:16,600 Speaker 2: said to my our son was about seven or eight, 444 00:21:17,160 --> 00:21:19,680 Speaker 2: And I said to my wife, like, should we bring him? 445 00:21:19,720 --> 00:21:22,520 Speaker 2: He was pretty hyperactive as a kid. I said, well, 446 00:21:22,560 --> 00:21:24,520 Speaker 2: bring him. I said, we'll probably never get invited to 447 00:21:24,560 --> 00:21:27,560 Speaker 2: the White House again, so let's bring him. And so 448 00:21:27,600 --> 00:21:29,760 Speaker 2: I said to him, my name is Jacob, said Jacob, listen, 449 00:21:30,400 --> 00:21:32,359 Speaker 2: we're gonna go. You're gonna have to go through all 450 00:21:32,359 --> 00:21:35,120 Speaker 2: the security. If it gets to be too much for you, 451 00:21:35,359 --> 00:21:37,679 Speaker 2: I promise you we can leave. So he was like fine. 452 00:21:38,359 --> 00:21:40,439 Speaker 2: We went and he did fine. He had a little 453 00:21:40,800 --> 00:21:43,000 Speaker 2: tie on. He was adorable. He did fine for about 454 00:21:43,000 --> 00:21:45,040 Speaker 2: the first hour, and then it did start to get 455 00:21:45,040 --> 00:21:47,119 Speaker 2: super crowded, and he said, okay, you told me we 456 00:21:47,160 --> 00:21:49,920 Speaker 2: could go, and I said fine. So as we're walking out, 457 00:21:50,359 --> 00:21:54,160 Speaker 2: Justice Ginsburg is walking in and I said to Jacob, 458 00:21:54,200 --> 00:21:55,800 Speaker 2: I said, okay, let's go over and say hello to 459 00:21:55,880 --> 00:22:00,080 Speaker 2: Justice Ginsburg, and I am not exaggerating. Jacob had a 460 00:22:00,160 --> 00:22:04,640 Speaker 2: temper tantrum on the buckles of her Faeragama shoes. He's 461 00:22:04,680 --> 00:22:08,080 Speaker 2: literally on the floor on her feet having a snappertentrum. 462 00:22:08,280 --> 00:22:10,480 Speaker 2: I have a look on my face like I'd rather 463 00:22:10,600 --> 00:22:13,280 Speaker 2: this happened to anyone else on the planet other than you, 464 00:22:13,440 --> 00:22:15,879 Speaker 2: Justice s Kinsburth, And she looked at me. It was 465 00:22:15,880 --> 00:22:18,920 Speaker 2: the kindest thing on the one She said. Listen, She said, 466 00:22:18,960 --> 00:22:22,560 Speaker 2: I have a son. He's exactly your age his childhood 467 00:22:22,600 --> 00:22:24,680 Speaker 2: was Was he acted like that when he was a kid, 468 00:22:25,040 --> 00:22:27,520 Speaker 2: she said, But he's now professor at Chicago and he's 469 00:22:27,560 --> 00:22:29,880 Speaker 2: married with kids, and don't worry at all. Be fun. 470 00:22:30,480 --> 00:22:32,960 Speaker 1: My kids are in a face now where we went 471 00:22:33,000 --> 00:22:36,000 Speaker 1: shopping for ski coats and buying them, and I say, well, 472 00:22:36,000 --> 00:22:38,120 Speaker 1: I think this one looks good on Newarthi and my kids. 473 00:22:38,200 --> 00:22:39,439 Speaker 1: One of my sons turned to me, he goes, what 474 00:22:39,440 --> 00:22:41,119 Speaker 1: do you know you're from Long Islands? 475 00:22:41,440 --> 00:22:43,080 Speaker 2: Oh, my god, they're all born. 476 00:22:42,920 --> 00:22:44,399 Speaker 1: And raised in the city. He goes, what do you 477 00:22:44,400 --> 00:22:44,879 Speaker 1: know you're. 478 00:22:44,760 --> 00:22:46,760 Speaker 2: From my sonset My son's version of that as you're 479 00:22:46,760 --> 00:22:49,040 Speaker 2: from the last century. Oh that happened in the last century. 480 00:22:49,080 --> 00:22:53,760 Speaker 1: Yeah, yeah, yeah, Now civil procedure in terms of the 481 00:22:53,800 --> 00:22:56,800 Speaker 1: type of civil law you would attend to, don't you 482 00:22:56,880 --> 00:22:59,720 Speaker 1: think there's some need for some reform to streamline that process. 483 00:22:59,720 --> 00:23:02,399 Speaker 1: And I'll allow judges to sit there and go, hey, mister, 484 00:23:02,520 --> 00:23:04,840 Speaker 1: you're full of shit, get out of here. Why can't 485 00:23:04,840 --> 00:23:07,119 Speaker 1: we streamline that process. 486 00:23:06,480 --> 00:23:08,560 Speaker 2: Exactly what we talked about yesterday actually in the first 487 00:23:08,560 --> 00:23:12,840 Speaker 2: class of my seminar. And I do think that, you know, 488 00:23:13,400 --> 00:23:15,920 Speaker 2: what happens is we keep making procedural rules to kind 489 00:23:15,920 --> 00:23:19,399 Speaker 2: of screen out the bad cases and then their unintended 490 00:23:19,400 --> 00:23:22,360 Speaker 2: consequences to those rules, and they don't end up achieving 491 00:23:22,400 --> 00:23:25,879 Speaker 2: what we want them to achieve. Good judges, and there 492 00:23:25,880 --> 00:23:28,280 Speaker 2: are many good judges, especially in New York, especially federal 493 00:23:28,359 --> 00:23:31,320 Speaker 2: judges in New York, kind of do it on their own, 494 00:23:31,760 --> 00:23:33,320 Speaker 2: you know. They, especially if they've been on the bench 495 00:23:33,359 --> 00:23:34,959 Speaker 2: a long time, they have a very good sense of 496 00:23:35,040 --> 00:23:36,840 Speaker 2: what's a good case and what's not a good case, 497 00:23:37,359 --> 00:23:39,120 Speaker 2: and what are the weaknesses in a case, and they 498 00:23:39,119 --> 00:23:43,000 Speaker 2: will kind of maneuver the case, I think appropriately if 499 00:23:43,000 --> 00:23:44,800 Speaker 2: it's a bad case to get it dismissed, and if 500 00:23:44,800 --> 00:23:47,479 Speaker 2: it's a good case, to push it along. People have 501 00:23:47,480 --> 00:23:49,359 Speaker 2: debated different ways to do this. Should we have different 502 00:23:49,400 --> 00:23:51,919 Speaker 2: courts for different kind of cases? Different judges only do 503 00:23:52,000 --> 00:23:54,920 Speaker 2: one kind of case? Should we have different courts based 504 00:23:54,960 --> 00:23:57,840 Speaker 2: on how much money is at stake? In federal courts? 505 00:23:57,880 --> 00:24:00,680 Speaker 2: All you need is seventy five thousand dollars hasn't changed 506 00:24:00,680 --> 00:24:03,040 Speaker 2: for decades and probably is way too low. 507 00:24:03,520 --> 00:24:05,560 Speaker 1: Seventy five thousand dollars for what to bring. 508 00:24:05,400 --> 00:24:08,400 Speaker 2: A diversity case in federal court. There's people from different states. 509 00:24:08,720 --> 00:24:10,520 Speaker 2: You have to be from different states, and you have 510 00:24:10,520 --> 00:24:12,959 Speaker 2: to seek more than seventy five thousand dollars. When that 511 00:24:13,040 --> 00:24:14,880 Speaker 2: was first past, seventy five thousand dollars was a lot 512 00:24:14,880 --> 00:24:17,440 Speaker 2: of money. Today it's not. And there's been no kind 513 00:24:17,520 --> 00:24:20,520 Speaker 2: of way to update that, or Congress hasn't. But sure, 514 00:24:20,680 --> 00:24:22,280 Speaker 2: I mean it's something that needs to be thought of. 515 00:24:22,320 --> 00:24:23,800 Speaker 2: We have a lot of other legal problems to deal 516 00:24:23,840 --> 00:24:26,040 Speaker 2: with and that Congress has to look at, but that 517 00:24:26,080 --> 00:24:28,320 Speaker 2: would be one on my agenda as well. And the 518 00:24:28,359 --> 00:24:29,680 Speaker 2: courts are overwhelmed. 519 00:24:29,960 --> 00:24:32,600 Speaker 1: Do you find you have a talent for reading juries? 520 00:24:33,359 --> 00:24:35,560 Speaker 2: I think I've gotten good at it. Yeah, it's hard, 521 00:24:35,600 --> 00:24:38,000 Speaker 2: and the minutes before a jury, like a you know 522 00:24:38,000 --> 00:24:39,480 Speaker 2: when they say they've come in with a verdict when 523 00:24:39,480 --> 00:24:41,560 Speaker 2: you're waiting. Every time it happens, I think I'm going 524 00:24:41,600 --> 00:24:42,760 Speaker 2: to have a heart attack right there. 525 00:24:43,000 --> 00:24:43,720 Speaker 1: I can't stand it. 526 00:24:44,400 --> 00:24:47,280 Speaker 2: We had I did this big case against the guys 527 00:24:47,320 --> 00:24:49,840 Speaker 2: who were responsible for the violence in Charlottesville the rally 528 00:24:49,880 --> 00:24:53,840 Speaker 2: in August twenty seventeen. It was during COVID and it 529 00:24:53,920 --> 00:24:55,720 Speaker 2: was very hard to read the jury in that case 530 00:24:55,720 --> 00:24:58,480 Speaker 2: because they everyone had to wear masks. The juries were 531 00:24:58,480 --> 00:25:00,800 Speaker 2: sitting kind of where the audience would sit, like two 532 00:25:00,920 --> 00:25:04,400 Speaker 2: jurors to a bench. But there was one guy in 533 00:25:04,440 --> 00:25:07,880 Speaker 2: the back. There were very strict rules about wearing a mask, 534 00:25:07,920 --> 00:25:11,119 Speaker 2: and he constantly his masks would constantly go down, and 535 00:25:11,119 --> 00:25:13,560 Speaker 2: I would say the judge found him there, like, the 536 00:25:13,600 --> 00:25:15,680 Speaker 2: guy's not following the rules, And then the guy must 537 00:25:15,680 --> 00:25:16,959 Speaker 2: have figured it out because he would kind of give 538 00:25:17,000 --> 00:25:20,200 Speaker 2: me nasty looks. And the best thing that ever happened 539 00:25:20,240 --> 00:25:22,960 Speaker 2: is the morning we were driving over the court to 540 00:25:23,000 --> 00:25:26,080 Speaker 2: find out for them to start deliberating, the judge said, 541 00:25:26,520 --> 00:25:29,520 Speaker 2: it turns out a kid at this guy's school got COVID. 542 00:25:29,520 --> 00:25:32,359 Speaker 2: The guy wasn't vaccinated, and the judge said, I'm letting 543 00:25:32,400 --> 00:25:35,760 Speaker 2: you go. And I was like, oh, thank god. So 544 00:25:36,200 --> 00:25:38,919 Speaker 2: things like that really matter. Actually, whether people are vaccinated 545 00:25:39,080 --> 00:25:43,200 Speaker 2: is a great indicator of whether the Yeah, well, in 546 00:25:43,359 --> 00:25:44,560 Speaker 2: New York you are well. I don't know if you 547 00:25:44,600 --> 00:25:47,040 Speaker 2: are now, but you were for the last several years, and. 548 00:25:47,160 --> 00:25:49,720 Speaker 1: And proof that they were vaccinating indicates what to. 549 00:25:49,680 --> 00:25:52,840 Speaker 2: You, rationality. 550 00:25:53,280 --> 00:25:55,119 Speaker 1: I'm going to remember that, honestly, I'm going to remember 551 00:25:55,119 --> 00:25:56,840 Speaker 1: that when I got to New Mexico in a couple 552 00:25:56,880 --> 00:25:57,120 Speaker 1: of years. 553 00:25:57,240 --> 00:25:59,120 Speaker 2: You don't want to vaccinated jurors, trust. 554 00:25:58,960 --> 00:26:03,679 Speaker 1: Me, I don't want to. Okay, Often these cases settle, 555 00:26:04,400 --> 00:26:07,560 Speaker 1: and preferably this vast majority cases, the vast majority. I'm 556 00:26:07,680 --> 00:26:10,080 Speaker 1: to show how many of the settlements are spurred by 557 00:26:10,119 --> 00:26:13,119 Speaker 1: the judges of themselves or by your opposing counsel or both. 558 00:26:13,760 --> 00:26:15,720 Speaker 1: Did the judge ever say to you, hey, let's cut 559 00:26:15,760 --> 00:26:16,800 Speaker 1: the shit. You settle this now. 560 00:26:16,960 --> 00:26:18,560 Speaker 2: Yeah. A lot of judges do that, and I think 561 00:26:18,560 --> 00:26:20,000 Speaker 2: that's a good thing. I think judges should be. 562 00:26:19,920 --> 00:26:24,840 Speaker 1: Doing that now when you are in settlements, what's the strategy? Meaning, 563 00:26:25,160 --> 00:26:27,159 Speaker 1: how did you get to eighty three million with the 564 00:26:27,160 --> 00:26:29,760 Speaker 1: Trump Well it was a jury verdict. 565 00:26:29,840 --> 00:26:31,439 Speaker 2: That was a jury verdict. But that's all his fault. 566 00:26:31,520 --> 00:26:33,720 Speaker 2: I mean, he sat in that course. So the first 567 00:26:33,720 --> 00:26:35,240 Speaker 2: trial he didn't show up at all. He was in 568 00:26:35,240 --> 00:26:38,800 Speaker 2: Scotland at his golf course. So the second trial he 569 00:26:38,840 --> 00:26:41,560 Speaker 2: did show up because that one was about money. But 570 00:26:41,640 --> 00:26:45,680 Speaker 2: he acted like a fourteen year old delinquent the whole trial, 571 00:26:45,680 --> 00:26:48,240 Speaker 2: and the jury saw it. And then every day he 572 00:26:48,280 --> 00:26:50,560 Speaker 2: would leave the courtroom go to I think we was 573 00:26:50,600 --> 00:26:53,000 Speaker 2: going to some office downtown at some trumplone building. It 574 00:26:53,000 --> 00:26:55,280 Speaker 2: he would give a press conference and he would defeye 575 00:26:55,280 --> 00:26:58,240 Speaker 2: Egen again. So I would walk in next morning, I'd say, 576 00:26:58,400 --> 00:26:59,400 Speaker 2: he did it again, Judge. 577 00:26:59,400 --> 00:27:02,200 Speaker 1: Here's the video, and it's just who was that judge? 578 00:27:02,359 --> 00:27:05,920 Speaker 2: His name is Kaplin, no relation, but he really every 579 00:27:05,920 --> 00:27:09,240 Speaker 2: penny of the Lewis Kaplan is his name. 580 00:27:09,160 --> 00:27:12,560 Speaker 1: Not the one that adjudicated the Steve Donziger case with. 581 00:27:12,560 --> 00:27:16,080 Speaker 2: The same judge. Same judge. 582 00:27:16,160 --> 00:27:19,000 Speaker 1: Donz is a friend of mine who's on this show. 583 00:27:19,400 --> 00:27:22,199 Speaker 1: Yeah anyway, okay, no comment there. He was. 584 00:27:22,440 --> 00:27:23,639 Speaker 2: I'm a big fan of Judge Kaplin. 585 00:27:24,600 --> 00:27:26,920 Speaker 1: I wish I could say the same, but the I 586 00:27:26,960 --> 00:27:29,880 Speaker 1: find people. I was at a dinner party and at 587 00:27:29,880 --> 00:27:32,520 Speaker 1: the table with us was this guy that was a 588 00:27:32,560 --> 00:27:35,200 Speaker 1: judge of federal judge and I tried and I did. 589 00:27:35,240 --> 00:27:38,440 Speaker 1: I've arrested myself from asking him a lot of questions 590 00:27:38,520 --> 00:27:43,679 Speaker 1: like don't you feel just a suffocating burden to judge 591 00:27:43,680 --> 00:27:46,720 Speaker 1: people and to make decisions they're going to change their lives? 592 00:27:47,280 --> 00:27:51,879 Speaker 1: What's the psychological training? What's the emotional or behavioral training 593 00:27:51,880 --> 00:27:55,120 Speaker 1: they give you in school to master that where you're 594 00:27:55,119 --> 00:27:57,440 Speaker 1: gonna go in and say you're gonna go none zero. 595 00:27:57,840 --> 00:27:59,240 Speaker 1: So I wonder if some people must drive them. 596 00:28:00,160 --> 00:28:02,439 Speaker 2: So one of our young associates just put in. We 597 00:28:02,440 --> 00:28:03,919 Speaker 2: asked for their comments and they said, look, I think 598 00:28:03,920 --> 00:28:05,760 Speaker 2: there should be some training on this, and I was like, 599 00:28:05,800 --> 00:28:07,440 Speaker 2: you know, she has a good idea. So we're actually 600 00:28:07,480 --> 00:28:10,520 Speaker 2: bringing in a psychologist, I think in the next couple 601 00:28:10,560 --> 00:28:14,320 Speaker 2: of months to talk to our people about dealing with 602 00:28:14,359 --> 00:28:16,520 Speaker 2: these cases where the people have experienced great trauma and 603 00:28:16,520 --> 00:28:17,679 Speaker 2: that itself is hard to do. 604 00:28:18,200 --> 00:28:20,760 Speaker 1: I have a job I created for myself, and I'm 605 00:28:20,800 --> 00:28:23,480 Speaker 1: only half kidding, but I'll watch TV and they'll show 606 00:28:23,520 --> 00:28:25,280 Speaker 1: a segment of a trial and I'll go, you got 607 00:28:25,280 --> 00:28:27,520 Speaker 1: to be kidding me. You went to law school and 608 00:28:27,560 --> 00:28:29,439 Speaker 1: you study the law, and that's how you present your 609 00:28:29,480 --> 00:28:32,399 Speaker 1: case in court. I want to be the acting coach 610 00:28:32,480 --> 00:28:35,359 Speaker 1: for your period of the litigators. I'm not kidding. I 611 00:28:35,400 --> 00:28:37,000 Speaker 1: want to say to them, I want to take their speeches. 612 00:28:37,080 --> 00:28:38,960 Speaker 1: I want to take their summations and say, okay, you 613 00:28:39,000 --> 00:28:42,440 Speaker 1: want to motor through this, to only take the earned pause, 614 00:28:42,800 --> 00:28:44,800 Speaker 1: you go, you go. The audience is way ahead of it. 615 00:28:44,840 --> 00:28:48,920 Speaker 1: But boom, boom boom is like a horse stop. And 616 00:28:48,960 --> 00:28:51,960 Speaker 1: then you lay this line out real slow, you squeeze it. 617 00:28:52,440 --> 00:28:55,120 Speaker 1: Because I see people who speak in court and they're horrible. 618 00:28:55,560 --> 00:28:58,160 Speaker 1: Their acting skills are dreadful, and it is a bit 619 00:28:58,200 --> 00:29:00,080 Speaker 1: of acting, so. 620 00:29:00,120 --> 00:29:02,720 Speaker 2: As I get to be great. So in the Carol case, 621 00:29:03,400 --> 00:29:05,480 Speaker 2: she told these two people right away, one her friend, 622 00:29:05,520 --> 00:29:08,320 Speaker 2: Lisa Burnbock, and a couple days later another friend, remember 623 00:29:08,320 --> 00:29:11,360 Speaker 2: Carol Martin the old newscast took her friend. Yeah, so 624 00:29:12,280 --> 00:29:14,400 Speaker 2: Carol had some texts that she had to produce where 625 00:29:14,480 --> 00:29:16,320 Speaker 2: Egene was getting on her nerves and she's talking to 626 00:29:16,360 --> 00:29:18,520 Speaker 2: her daughter about how Egene's getting her nurs and they 627 00:29:18,520 --> 00:29:22,040 Speaker 2: thought these were great the other side, and so during 628 00:29:22,040 --> 00:29:24,680 Speaker 2: my closing I raised the issue of the text and 629 00:29:24,760 --> 00:29:26,800 Speaker 2: I said, I looked at the women jerors, I said, 630 00:29:26,840 --> 00:29:29,680 Speaker 2: you know, sometimes it's just the way we talk about 631 00:29:29,680 --> 00:29:32,480 Speaker 2: our friends, and they got it. Like they got it immediately. 632 00:29:32,480 --> 00:29:34,280 Speaker 2: That's just how people act sometimes. 633 00:29:36,240 --> 00:29:40,320 Speaker 1: Lawyer Robbie Kaplan, if you're enjoying this conversation, tell a 634 00:29:40,360 --> 00:29:43,200 Speaker 1: friend and be sure to follow. Here's the thing on 635 00:29:43,280 --> 00:29:48,040 Speaker 1: the iHeartRadio app, Spotify or wherever you get your podcasts. 636 00:29:48,960 --> 00:29:52,080 Speaker 1: When we come back, Robbie Caplan tells us how being 637 00:29:52,200 --> 00:29:56,040 Speaker 1: too honest on a form prevented her from becoming a prosecutor. 638 00:30:08,160 --> 00:30:11,920 Speaker 1: I'm Alec Baldwin and this is here's the thing. Robbie 639 00:30:11,960 --> 00:30:15,400 Speaker 1: Kaplan was a partner at the law firm Paul Weiss Rifkin, 640 00:30:15,480 --> 00:30:19,360 Speaker 1: Wharton and Garrison for eighteen years. At the firm, she 641 00:30:19,520 --> 00:30:23,960 Speaker 1: represented clients ranging from JP Morgan Chase to Edith Windsor 642 00:30:24,040 --> 00:30:28,360 Speaker 1: in the landmark Defensive Marriage Act Supreme Court case. I 643 00:30:28,480 --> 00:30:33,000 Speaker 1: was curious why, after eighteen years and much success, Kaplin 644 00:30:33,080 --> 00:30:35,800 Speaker 1: decided to leave Paul Weiss and start her own firm, 645 00:30:36,160 --> 00:30:38,160 Speaker 1: and if this was always her plan. 646 00:30:39,080 --> 00:30:41,920 Speaker 2: So I had an early date with my wife. We 647 00:30:42,040 --> 00:30:44,240 Speaker 2: just met each other and we're having dinner at some 648 00:30:44,480 --> 00:30:47,560 Speaker 2: QB strow in the village, and I start telling her that, oh, 649 00:30:47,680 --> 00:30:49,120 Speaker 2: you know, when they were people get it to be 650 00:30:49,120 --> 00:30:51,880 Speaker 2: a certain agent. Paul Weiss. They moved their offices to 651 00:30:52,000 --> 00:30:54,000 Speaker 2: like smaller offices, but I think that would be okay. 652 00:30:54,040 --> 00:30:56,640 Speaker 2: I'm thirty telling her this, and my wife looks at me, like, 653 00:30:57,000 --> 00:30:59,560 Speaker 2: have you lost your mind? Like you're thirty years old, 654 00:30:59,560 --> 00:31:02,160 Speaker 2: you're thinking about what office you're going to be in 655 00:31:02,240 --> 00:31:04,440 Speaker 2: when you retire. Paul Weiss, I thought I'd spent my 656 00:31:04,480 --> 00:31:08,720 Speaker 2: life there. What changed the business of law firms like 657 00:31:08,760 --> 00:31:10,480 Speaker 2: Paul Weis and such as Paul White. All the big 658 00:31:10,480 --> 00:31:15,080 Speaker 2: firms got bigger and bigger. The corporate departments got bigger 659 00:31:15,080 --> 00:31:18,480 Speaker 2: and bigger. Paul weize, that's been quite dramatic. And what 660 00:31:18,520 --> 00:31:20,600 Speaker 2: that meant for the legation department is the kinds of 661 00:31:20,680 --> 00:31:23,520 Speaker 2: cases they were able to do got narrow and narrower. 662 00:31:24,320 --> 00:31:26,560 Speaker 2: So it got to the point where the only cases 663 00:31:26,560 --> 00:31:29,320 Speaker 2: that Paul Weiss was really wanted to or able to do, 664 00:31:29,400 --> 00:31:34,560 Speaker 2: are these huge cases with five partners and thirty associates. 665 00:31:34,640 --> 00:31:36,880 Speaker 2: And I could do those cases. I did plenty of them, 666 00:31:36,920 --> 00:31:38,640 Speaker 2: but I wanted to be able to do more, have 667 00:31:38,760 --> 00:31:41,280 Speaker 2: more diversity, both in the size of case and in 668 00:31:41,360 --> 00:31:43,640 Speaker 2: the kind of case. I told this guy, my mentor, 669 00:31:44,240 --> 00:31:46,120 Speaker 2: Marty London, who was an old partner, that my goal 670 00:31:46,120 --> 00:31:48,640 Speaker 2: is to have his practice, and I think I've finally 671 00:31:48,680 --> 00:31:49,800 Speaker 2: gotten It's taken me a long time. 672 00:31:49,880 --> 00:31:51,520 Speaker 1: But you had your own firm for how long? 673 00:31:51,720 --> 00:31:54,240 Speaker 2: Well, I've had two versions of my own firms, so 674 00:31:54,320 --> 00:31:55,280 Speaker 2: since twenty seventeen. 675 00:31:55,320 --> 00:31:57,600 Speaker 1: Well, the first one you started when you left Paul White, Yeah, 676 00:31:57,680 --> 00:32:00,200 Speaker 1: which you then left that as well. Correct, why got 677 00:32:00,240 --> 00:32:03,400 Speaker 1: too big? So again you had created a firm. So 678 00:32:03,560 --> 00:32:05,560 Speaker 1: was that an inevitability in the business. 679 00:32:05,960 --> 00:32:08,080 Speaker 2: No, I was just like, focus on my work and 680 00:32:08,120 --> 00:32:11,760 Speaker 2: really honestly not paying attention to the firm itself that much. 681 00:32:11,800 --> 00:32:14,120 Speaker 2: And it also became too big and too white collar, 682 00:32:14,560 --> 00:32:16,280 Speaker 2: and I don't do white collar work, so it didn't 683 00:32:16,280 --> 00:32:17,040 Speaker 2: make a lot of sense. 684 00:32:17,880 --> 00:32:19,920 Speaker 1: So you then then then the third iteration was you 685 00:32:19,920 --> 00:32:20,840 Speaker 1: started another. 686 00:32:20,640 --> 00:32:23,360 Speaker 2: Firm with a bunch of people from the second firms. 687 00:32:23,560 --> 00:32:24,600 Speaker 1: Second firm, how's that going? 688 00:32:24,680 --> 00:32:27,440 Speaker 2: It's fun because everyone I know known a very long time, 689 00:32:27,480 --> 00:32:30,560 Speaker 2: all the partners. We have these incredible group of young 690 00:32:30,640 --> 00:32:33,920 Speaker 2: lawyers working for us. They're amazing, our cases are amazing. 691 00:32:34,560 --> 00:32:35,720 Speaker 2: We're having a lot of fun. 692 00:32:36,160 --> 00:32:39,640 Speaker 1: When you're in court. This is relates to the question 693 00:32:40,200 --> 00:32:43,440 Speaker 1: about the jury. Can you read a judge too? Oh? 694 00:32:43,440 --> 00:32:44,200 Speaker 2: Definitely, Well, you. 695 00:32:44,200 --> 00:32:46,000 Speaker 1: Probably have had a history with them, you know them from. 696 00:32:45,960 --> 00:32:48,880 Speaker 2: The important thing in any case is that who the judges. 697 00:32:49,080 --> 00:32:51,440 Speaker 2: I hate to say if this is true, and you know, 698 00:32:51,480 --> 00:32:52,920 Speaker 2: if there it's a judge, you know, you know how 699 00:32:52,960 --> 00:32:54,920 Speaker 2: they are approach to things, how they practice, what their 700 00:32:54,960 --> 00:32:57,640 Speaker 2: attitude is going to be. It's incredibly important. It's not 701 00:32:57,640 --> 00:32:59,760 Speaker 2: even that important what it is. It's just important knowing 702 00:32:59,800 --> 00:33:01,520 Speaker 2: what it is, right, because then you could advise the 703 00:33:01,560 --> 00:33:04,280 Speaker 2: client as to how things are likely to progress. 704 00:33:04,680 --> 00:33:07,880 Speaker 1: And without naming names. Obviously, are there judges where you're 705 00:33:07,960 --> 00:33:10,280 Speaker 1: like slightly terrified they have to go into that courtroom 706 00:33:10,480 --> 00:33:11,600 Speaker 1: or concerned, let's. 707 00:33:11,440 --> 00:33:13,760 Speaker 2: Say in New York, not that many. We have really 708 00:33:13,800 --> 00:33:16,600 Speaker 2: good judges in New York. I was, this is crazy. 709 00:33:16,640 --> 00:33:20,560 Speaker 2: So during this second trial, Alina Habba, who was the 710 00:33:20,600 --> 00:33:22,960 Speaker 2: lead lawyer who was the USA Traine for New Jersey 711 00:33:22,960 --> 00:33:25,760 Speaker 2: for like seven minutes, stood up in court I think 712 00:33:25,760 --> 00:33:27,520 Speaker 2: it was the second day, and held her arms like 713 00:33:27,560 --> 00:33:30,720 Speaker 2: this and said, Judge Kaplan, I just want you to 714 00:33:30,800 --> 00:33:33,160 Speaker 2: know I really don't appreciate the way you're speaking to me. 715 00:33:33,800 --> 00:33:37,160 Speaker 2: And I literally almost how a heart attack the idea 716 00:33:37,400 --> 00:33:40,239 Speaker 2: that you would say that to it. Yeah, I mean 717 00:33:40,280 --> 00:33:41,719 Speaker 2: if I had said he would put He would say, 718 00:33:41,840 --> 00:33:42,800 Speaker 2: you're getting put out. 719 00:33:42,800 --> 00:33:45,240 Speaker 1: Why do you think there's all that decorum with the judge? 720 00:33:45,320 --> 00:33:48,640 Speaker 1: Why do you stand and call him your honor? We're 721 00:33:48,640 --> 00:33:51,400 Speaker 1: not in eighteenth century England here. 722 00:33:51,720 --> 00:33:53,360 Speaker 2: I think it's a good thing because on the surface 723 00:33:53,360 --> 00:33:56,800 Speaker 2: you're showing respect to that judge, but fundamentally you're showing 724 00:33:56,800 --> 00:33:59,320 Speaker 2: respect for the rule of law. And I wish we 725 00:33:59,320 --> 00:34:01,600 Speaker 2: had a little bit more back for the rural law right. 726 00:34:01,440 --> 00:34:03,160 Speaker 1: Now, dwindle in your time. 727 00:34:03,120 --> 00:34:05,280 Speaker 2: Yeah, I mean it's terrible right now. I mean the 728 00:34:05,360 --> 00:34:09,200 Speaker 2: DOJ used to be this great costation, right that always 729 00:34:09,200 --> 00:34:12,120 Speaker 2: told the truth and always took the right position, and 730 00:34:12,200 --> 00:34:15,800 Speaker 2: always cared about consistency, And none of that's true anymore. 731 00:34:15,920 --> 00:34:18,359 Speaker 1: Well, when Trump got into office, I know made note 732 00:34:18,400 --> 00:34:21,640 Speaker 1: of the fact that to a degree or in some metric, 733 00:34:22,200 --> 00:34:24,719 Speaker 1: I wasn't prepared for how many other bad people would 734 00:34:24,760 --> 00:34:27,879 Speaker 1: come with him. I didn't realize this time the well, 735 00:34:27,920 --> 00:34:29,839 Speaker 1: the second term, forget it. But in the first term 736 00:34:29,840 --> 00:34:31,759 Speaker 1: even I remember saying to myself, I didn't know there 737 00:34:31,800 --> 00:34:34,600 Speaker 1: were that many bad people out there who were on 738 00:34:35,280 --> 00:34:38,640 Speaker 1: some political operatives rolodex. And now when the second term, 739 00:34:38,640 --> 00:34:39,520 Speaker 1: it's like, I. 740 00:34:39,560 --> 00:34:41,799 Speaker 2: Mean, how many prosecutors have quit and dj because they've 741 00:34:41,840 --> 00:34:43,600 Speaker 2: been asked to do things that they know are wrong. 742 00:34:43,719 --> 00:34:46,160 Speaker 2: I mean, it's it's terrible. I wanted to be a prosecutor. 743 00:34:46,160 --> 00:34:48,160 Speaker 2: Want he still a funny story. So I got an 744 00:34:48,160 --> 00:34:50,920 Speaker 2: internship when I was in law school to be prosecutor 745 00:34:50,920 --> 00:34:53,399 Speaker 2: Southern District of New York. And this was Bush one 746 00:34:54,400 --> 00:34:56,799 Speaker 2: and you had to fill out a form for security 747 00:34:57,320 --> 00:34:59,799 Speaker 2: and the forum had a pot question. So I go 748 00:34:59,840 --> 00:35:02,120 Speaker 2: to see the professor Columbian and I said, so give 749 00:35:02,120 --> 00:35:03,480 Speaker 2: me advice. What should I do? And he said, you're 750 00:35:03,480 --> 00:35:07,279 Speaker 2: supposed to say experimentally. So the first question was have 751 00:35:07,320 --> 00:35:11,399 Speaker 2: you smoked pot? I wrote yes, semi cola and experimentally. 752 00:35:11,920 --> 00:35:14,400 Speaker 2: The next question was how many times? And I wrote 753 00:35:14,400 --> 00:35:18,440 Speaker 2: twelve plus and the government said, sorry, we're withdrawing your offer. 754 00:35:18,719 --> 00:35:20,200 Speaker 2: And I went to the professor to tell the story. 755 00:35:20,239 --> 00:35:22,319 Speaker 2: He's like, what in the world were you thinking? Right, 756 00:35:23,200 --> 00:35:25,640 Speaker 2: experiment I said, I want to lie, I said. 757 00:35:25,480 --> 00:35:29,080 Speaker 1: My continuing experimentation. I was very You didn't want to lie, 758 00:35:29,160 --> 00:35:33,440 Speaker 1: but you realized that if the question is silly, like 759 00:35:33,600 --> 00:35:36,840 Speaker 1: you say yes, experiment how many times twice, you should 760 00:35:36,840 --> 00:35:38,359 Speaker 1: have lied. You should have lied in that appl because 761 00:35:38,360 --> 00:35:40,239 Speaker 1: you're too bunch of a girl scout to do. 762 00:35:40,320 --> 00:35:41,879 Speaker 2: I want to get my hands on that form somehow, 763 00:35:41,920 --> 00:35:42,960 Speaker 2: I'm going to try to foid it. 764 00:35:43,040 --> 00:35:45,239 Speaker 1: Well, cut, yeah you should. What kind of work does 765 00:35:45,280 --> 00:35:45,759 Speaker 1: your wife do? 766 00:35:46,040 --> 00:35:49,080 Speaker 2: So she's been in Democratic politics part she was is 767 00:35:49,120 --> 00:35:53,040 Speaker 2: the Democratic State Committee person for Downtown Manhattan for twenty 768 00:35:53,040 --> 00:35:56,560 Speaker 2: some years and has worked down a whole bunch of 769 00:35:56,640 --> 00:36:00,400 Speaker 2: anti fracking, a whole bunch of policy stuff. Starting to 770 00:36:00,440 --> 00:36:02,839 Speaker 2: think that maybe it's time for a change, but that's 771 00:36:02,880 --> 00:36:05,440 Speaker 2: what she's devoted for. She was an activist when I 772 00:36:05,480 --> 00:36:07,400 Speaker 2: met her, and then she kind of did a lot 773 00:36:07,440 --> 00:36:08,680 Speaker 2: of policy throughout our marriage. 774 00:36:08,680 --> 00:36:10,040 Speaker 1: A lot of facting going on in New York. 775 00:36:10,280 --> 00:36:13,560 Speaker 2: No, she stopped it right. Oh well, with Governor Cuoma. 776 00:36:13,320 --> 00:36:15,960 Speaker 1: I was in Trump was elected. I went to do 777 00:36:16,000 --> 00:36:19,480 Speaker 1: that crazy and silly Trump stick those four years in 778 00:36:19,560 --> 00:36:21,560 Speaker 1: SNL from twenty sixteen to twenty twenty. 779 00:36:21,840 --> 00:36:23,480 Speaker 2: You may say it's crazy and silly, but it gave 780 00:36:23,520 --> 00:36:24,240 Speaker 2: a lot of people. 781 00:36:24,360 --> 00:36:26,600 Speaker 1: Well, people would say that to me, not. 782 00:36:26,560 --> 00:36:28,680 Speaker 2: Just pleasure from watching, but a lot of comfort. 783 00:36:28,920 --> 00:36:32,480 Speaker 1: Right. They wanted to have some laughs about what do 784 00:36:32,520 --> 00:36:36,520 Speaker 1: you think, let's say we win the mid terms, and 785 00:36:36,560 --> 00:36:39,120 Speaker 1: to me that gives me hope, yes, that we can 786 00:36:39,360 --> 00:36:41,600 Speaker 1: come back to some degree. It's never going to be 787 00:36:41,640 --> 00:36:43,879 Speaker 1: the same. Like they were saying. You saw the guy 788 00:36:43,920 --> 00:36:48,600 Speaker 1: from Canada said that they the Americans as the leader 789 00:36:48,640 --> 00:36:52,360 Speaker 1: of the free world is over. It's that damage, it's fractured, 790 00:36:52,400 --> 00:36:55,719 Speaker 1: it's over. And I thought, wow, what a disturbing I mean, 791 00:36:55,760 --> 00:36:58,279 Speaker 1: I didn't necessarily need the United States to be the 792 00:36:58,400 --> 00:37:00,640 Speaker 1: leader of the free world, but I thought I'd like 793 00:37:00,640 --> 00:37:02,360 Speaker 1: the United States to have the option to be the 794 00:37:02,400 --> 00:37:04,920 Speaker 1: leader of the free world if it was necessary, and 795 00:37:04,960 --> 00:37:07,560 Speaker 1: then if we could keep things together. And do you 796 00:37:07,560 --> 00:37:08,960 Speaker 1: think we're ever going to be able to put it 797 00:37:09,000 --> 00:37:11,080 Speaker 1: back together to We just don't know. 798 00:37:11,280 --> 00:37:14,640 Speaker 2: I've been thinking about that a lot since Davos. Obviously. Look, 799 00:37:14,680 --> 00:37:16,799 Speaker 2: I think first of all, we have to put things 800 00:37:16,920 --> 00:37:20,080 Speaker 2: back together domestically, so we have to kind of redo 801 00:37:20,160 --> 00:37:23,080 Speaker 2: all the Watergate reforms, but in a way that works. 802 00:37:24,400 --> 00:37:29,160 Speaker 2: All the rules about independence and stopping corruption and disclosures 803 00:37:29,200 --> 00:37:32,160 Speaker 2: like we had them, but they're they were too easy 804 00:37:32,160 --> 00:37:34,520 Speaker 2: to get around. So I think all of that has 805 00:37:34,560 --> 00:37:37,600 Speaker 2: to change. And I have great respect for President Biden. 806 00:37:37,640 --> 00:37:38,640 Speaker 2: I think you did a good thing, but I don't 807 00:37:38,640 --> 00:37:42,120 Speaker 2: think he was tough enough on that stuff, and then 808 00:37:42,200 --> 00:37:44,320 Speaker 2: I think, once we fix our own house, which is 809 00:37:44,320 --> 00:37:46,320 Speaker 2: going to take time, we also obviously have to repair 810 00:37:46,440 --> 00:37:49,360 Speaker 2: our relationships with our allies. I mean, one thing I 811 00:37:49,400 --> 00:37:51,399 Speaker 2: know from the time I was in Russia is that 812 00:37:51,520 --> 00:37:53,680 Speaker 2: you know, the Russian government then and now is not 813 00:37:54,600 --> 00:37:56,600 Speaker 2: It's not a good thing. And what they're doing in 814 00:37:56,680 --> 00:38:00,319 Speaker 2: Ukraine is tragic and we need to have kind that 815 00:38:00,320 --> 00:38:03,040 Speaker 2: can work together to fight against that. We can't have 816 00:38:03,080 --> 00:38:06,680 Speaker 2: them go take Ukraine and then beyellow Russia and then Poland. 817 00:38:07,239 --> 00:38:09,879 Speaker 2: That would be horrific. We're not going to relive, as 818 00:38:09,880 --> 00:38:11,720 Speaker 2: my son would say, the last century. 819 00:38:11,880 --> 00:38:15,319 Speaker 1: Without getting into details. What's the case you're working on now? 820 00:38:15,480 --> 00:38:16,799 Speaker 2: Oh, so this is interesting. I can tell you this 821 00:38:16,840 --> 00:38:19,800 Speaker 2: is public, So this is not it's all about everything 822 00:38:19,800 --> 00:38:22,600 Speaker 2: we talked about roll up into one. So we have 823 00:38:22,600 --> 00:38:24,640 Speaker 2: a client. I have a client for many years. His 824 00:38:25,120 --> 00:38:28,160 Speaker 2: name is Imron Achmed. He runs it a not for 825 00:38:28,239 --> 00:38:31,600 Speaker 2: profit called the Center for Countering Digital Hate, and he's 826 00:38:31,600 --> 00:38:34,000 Speaker 2: a big critic of tech and he's written a lot 827 00:38:34,040 --> 00:38:37,560 Speaker 2: about problems on big tech and failure to moderate content, etc. 828 00:38:38,320 --> 00:38:41,479 Speaker 2: Elon Musk does not like him very much. He sued 829 00:38:41,520 --> 00:38:44,200 Speaker 2: him four years ago. I represented Elon in that case. 830 00:38:44,239 --> 00:38:48,320 Speaker 2: We got it dismissed. It's still on appeal and AX 831 00:38:48,480 --> 00:38:52,000 Speaker 2: recently got sanctioned by the EU for not for failing 832 00:38:52,040 --> 00:38:56,640 Speaker 2: to comply with their digital privacy law. And Elon got 833 00:38:56,760 --> 00:38:59,840 Speaker 2: very angry and got the State Department we believe to 834 00:39:00,120 --> 00:39:02,640 Speaker 2: say that my client screen card should be revoked. They 835 00:39:02,640 --> 00:39:07,920 Speaker 2: announced this on December twenty third. In the afternoon. We 836 00:39:08,000 --> 00:39:09,840 Speaker 2: go I see to my client, get your toush to 837 00:39:09,880 --> 00:39:14,840 Speaker 2: New York. We file papers on five o'clock on Christmas Eve, 838 00:39:15,200 --> 00:39:17,640 Speaker 2: saying you can't do this. This is about his speech. The 839 00:39:17,680 --> 00:39:19,440 Speaker 2: guy hasn't done it. You're not allowed to just kick 840 00:39:19,480 --> 00:39:20,880 Speaker 2: people out of the country because you don't like what 841 00:39:20,920 --> 00:39:24,319 Speaker 2: they say. And he's not criticised the American company. Since 842 00:39:24,360 --> 00:39:27,360 Speaker 2: when is that a problem? Like people criticize America companies 843 00:39:27,360 --> 00:39:31,000 Speaker 2: all the time. And we got an injunction twelve thirty 844 00:39:31,000 --> 00:39:33,840 Speaker 2: am on Christmas Day, So my team didn't have the 845 00:39:33,880 --> 00:39:37,520 Speaker 2: easiest holiday. But it's a great case. It's ongoing right now. 846 00:39:37,520 --> 00:39:39,000 Speaker 2: They can't do anything to him, but I'm going to 847 00:39:39,040 --> 00:39:39,800 Speaker 2: see you to litigated. 848 00:39:39,880 --> 00:39:41,759 Speaker 1: What do you think about that judge that smuggle the 849 00:39:42,640 --> 00:39:45,680 Speaker 1: presumed terrorists out of the courtroom and just got conviction. 850 00:39:45,719 --> 00:39:46,360 Speaker 2: She got convicted. 851 00:39:46,440 --> 00:39:49,160 Speaker 1: She got convicted. Boy boy, that seems like a tough 852 00:39:49,200 --> 00:39:51,080 Speaker 1: thing to do for judge to sit in judgement of 853 00:39:51,160 --> 00:39:54,040 Speaker 1: another judge who they believe has made a poor decision. 854 00:39:54,600 --> 00:39:55,400 Speaker 1: It was a poor. 855 00:39:55,239 --> 00:39:57,600 Speaker 2: Decision probably, if that's those are the facts it was. 856 00:39:57,680 --> 00:39:59,520 Speaker 2: I mean, that's why our client is so different. There 857 00:39:59,520 --> 00:40:02,440 Speaker 2: are We do have rights to revoke visus for people 858 00:40:02,440 --> 00:40:06,839 Speaker 2: who support terrorists things like that, But criticizing X like 859 00:40:06,880 --> 00:40:07,720 Speaker 2: that makes no sense. 860 00:40:08,520 --> 00:40:10,520 Speaker 1: I've been saying the same thing. I'm likely that people 861 00:40:10,520 --> 00:40:14,640 Speaker 1: who are the faithful in this issue of campaign finance reform, 862 00:40:15,000 --> 00:40:17,280 Speaker 1: the ones I've worked with over the years, for many years. 863 00:40:17,280 --> 00:40:20,279 Speaker 1: This is my issue, other than plastics pollution and wanting 864 00:40:20,360 --> 00:40:24,640 Speaker 1: to ban single use plastics around the country, Campaign finance 865 00:40:24,719 --> 00:40:26,640 Speaker 1: reform is the lynchpin of all of our problems in 866 00:40:26,640 --> 00:40:30,759 Speaker 1: this country. What passes for leadership now that is able 867 00:40:30,800 --> 00:40:33,680 Speaker 1: to get bought and sold by the local business community. 868 00:40:34,040 --> 00:40:36,640 Speaker 1: If cash is speech, then he with the most cast 869 00:40:36,680 --> 00:40:38,319 Speaker 1: speaks the loudest. Was the line of us. 870 00:40:38,440 --> 00:40:38,879 Speaker 2: It's true. 871 00:40:39,360 --> 00:40:43,280 Speaker 1: If we don't change this, citizens united and get that overturn, 872 00:40:44,280 --> 00:40:46,479 Speaker 1: I doubt we'll ever be able to get off the path. 873 00:40:46,520 --> 00:40:48,520 Speaker 1: We're wrong with that, and. 874 00:40:48,480 --> 00:40:50,279 Speaker 2: Which leads to the Supreme Court, which is a whole 875 00:40:50,280 --> 00:40:50,560 Speaker 2: other head. 876 00:40:50,600 --> 00:40:52,160 Speaker 1: We want to know what then let's ask let's go 877 00:40:52,239 --> 00:40:55,799 Speaker 1: out on that question. Look, I mean sixty. 878 00:40:55,480 --> 00:40:57,799 Speaker 2: Three, as someone who really believed in the system and 879 00:40:57,800 --> 00:41:01,080 Speaker 2: the role of law, the idea of Supreme Court reform 880 00:41:01,239 --> 00:41:04,440 Speaker 2: was hard for me to kind of get my arms around. 881 00:41:04,920 --> 00:41:06,960 Speaker 2: But I'm now at the point. I mean, we'll see 882 00:41:07,000 --> 00:41:08,799 Speaker 2: what they do on tariffs, We'll see what they do 883 00:41:08,880 --> 00:41:11,000 Speaker 2: on the FED. I think I think he's going to 884 00:41:11,080 --> 00:41:14,400 Speaker 2: lose both of those. But this idea that they just, 885 00:41:14,600 --> 00:41:18,279 Speaker 2: you know, so easily overturned precedence not Roe v. Wade 886 00:41:18,320 --> 00:41:21,479 Speaker 2: and others that have existed for decades, is not good. 887 00:41:21,560 --> 00:41:23,600 Speaker 2: It doesn't give it's there's no faith in the system. 888 00:41:23,960 --> 00:41:28,000 Speaker 1: It's law. What do they say, what do they say 889 00:41:28,040 --> 00:41:29,120 Speaker 1: when they change it? What is it? 890 00:41:29,200 --> 00:41:31,239 Speaker 2: Basically said, it was wrong a lyough, it was wrong 891 00:41:31,280 --> 00:41:35,160 Speaker 2: when it was decided, and reliance doesn't matter, essentially, is 892 00:41:35,200 --> 00:41:39,560 Speaker 2: what he said. But it can't be that people have 893 00:41:39,600 --> 00:41:41,359 Speaker 2: so little faith in the Supreme Court. I know, I'm 894 00:41:41,400 --> 00:41:44,160 Speaker 2: assuming the Chief Justice is worried about this. I think 895 00:41:44,160 --> 00:41:46,200 Speaker 2: he needs to be more worried about it. I think 896 00:41:46,239 --> 00:41:47,719 Speaker 2: we have to restore that faith as well. 897 00:41:51,120 --> 00:41:55,960 Speaker 1: My thanks to lawyer Robbie Kaplan. This episode was recorded 898 00:41:56,200 --> 00:41:59,440 Speaker 1: at CDM Studios in New York City. We're produced by 899 00:41:59,520 --> 00:42:04,040 Speaker 1: Kathleen Soo, Zach MacNeice, and Victoria de Martin. Our engineer 900 00:42:04,120 --> 00:42:08,800 Speaker 1: is Isaac Kaplan Woolner. Our social media manager is Danielle Gingrich. 901 00:42:09,239 --> 00:42:11,480 Speaker 1: I'm Alec Baldwin. Here's the thing is brought to you 902 00:42:11,520 --> 00:42:25,920 Speaker 1: by iHeart Radio