1 00:00:00,080 --> 00:00:03,280 Speaker 1: Welcome to today's edition of The Clay Travis and Buck 2 00:00:03,360 --> 00:00:10,960 Speaker 1: Sexton Show podcast. Welcome back in our number two Wednesday 3 00:00:11,119 --> 00:00:13,880 Speaker 1: edition of The Clay Travis and Buck Sexton Show. I 4 00:00:13,920 --> 00:00:16,959 Speaker 1: am Clay Travis. We want to thank all of you 5 00:00:17,239 --> 00:00:19,959 Speaker 1: for your early support of the show. We continue to 6 00:00:19,960 --> 00:00:24,120 Speaker 1: surge up the podcast rankings. Those infidels at the today's 7 00:00:24,120 --> 00:00:26,400 Speaker 1: show are now eating our dust. I want to catch 8 00:00:26,440 --> 00:00:29,240 Speaker 1: in pr in the New York Times at some point 9 00:00:29,280 --> 00:00:32,320 Speaker 1: send a message. You can go grab my name Clay Travis, 10 00:00:32,360 --> 00:00:35,240 Speaker 1: buck Sexton. You can find the Clay and Buck Show 11 00:00:35,360 --> 00:00:38,960 Speaker 1: there at the podcast. We appreciate all four hundred plus 12 00:00:39,000 --> 00:00:41,839 Speaker 1: of our affiliate stations out there, AM and FM for 13 00:00:41,880 --> 00:00:45,560 Speaker 1: all the support you have shown us. Breaking News. Did 14 00:00:45,560 --> 00:00:48,400 Speaker 1: we end up with a breaking news sounder to officially 15 00:00:48,440 --> 00:00:52,040 Speaker 1: represent the show? I think I can make one. Did 16 00:00:52,040 --> 00:00:53,600 Speaker 1: we find one, Mike? Did we find one that we 17 00:00:53,600 --> 00:00:55,600 Speaker 1: don't like? The Buck? We have? We selected one yet? 18 00:00:57,200 --> 00:01:00,240 Speaker 1: All right? Well, so we will at some point point 19 00:01:00,280 --> 00:01:04,440 Speaker 1: find the appropriate breaking news sounder. But this is pretty 20 00:01:04,520 --> 00:01:08,800 Speaker 1: interesting and really kind of wild. Buck. I am reading 21 00:01:08,880 --> 00:01:12,759 Speaker 1: right now from CNBC. This news has just broken in 22 00:01:12,800 --> 00:01:18,040 Speaker 1: like the last ten minutes or so. The Pennsylvania Supreme Court, 23 00:01:18,040 --> 00:01:19,160 Speaker 1: and a lot of people are like, oh, it must 24 00:01:19,200 --> 00:01:23,039 Speaker 1: be election related. No, not election related. The Pennsylvania Supreme 25 00:01:23,080 --> 00:01:29,560 Speaker 1: Court has overturned Bill Cosby's sexual assault convictions and they 26 00:01:29,560 --> 00:01:34,520 Speaker 1: have barred all further prosecution. Bill Cosby, eighty three years old, 27 00:01:34,959 --> 00:01:41,920 Speaker 1: will be released from prison today. Pennsylvania's Supreme Court overturned 28 00:01:41,959 --> 00:01:46,119 Speaker 1: his conviction, finding both two things. One, there was an 29 00:01:46,160 --> 00:01:50,960 Speaker 1: agreement with a previous prosecutor which prevented Bill Cosby from 30 00:01:50,960 --> 00:01:54,480 Speaker 1: being charged in this case in the first place, which 31 00:01:54,680 --> 00:01:58,240 Speaker 1: is what Bill Cosby's lawyers argued from the moment buck 32 00:01:58,320 --> 00:02:01,000 Speaker 1: that these charges were brought. No, no, no no, no, we 33 00:02:01,080 --> 00:02:05,920 Speaker 1: had a previous agreement that made these charges not permissible. 34 00:02:06,360 --> 00:02:10,520 Speaker 1: They also reviewed two aspects I'm reading from CNBC here 35 00:02:10,560 --> 00:02:13,240 Speaker 1: a story that they have up. They also reviewed two 36 00:02:13,280 --> 00:02:17,640 Speaker 1: aspects of the case that Cosby's lawyers had challenged. The 37 00:02:17,800 --> 00:02:22,240 Speaker 1: first involved the judge's decision to let prosecutors call five 38 00:02:22,440 --> 00:02:25,880 Speaker 1: other accusers in addition to the woman who was accusing, 39 00:02:26,680 --> 00:02:30,560 Speaker 1: and the trial judge allowed that to happen. And they 40 00:02:30,639 --> 00:02:35,840 Speaker 1: also said again that the agreement was with the former 41 00:02:35,880 --> 00:02:38,280 Speaker 1: prosecutor that he would not be charged in these cases. 42 00:02:38,320 --> 00:02:43,600 Speaker 1: So Buck Sexton, this is a pretty significant story, I 43 00:02:43,639 --> 00:02:48,000 Speaker 1: think because Bill Cosby was one of the primary figures 44 00:02:48,160 --> 00:02:52,040 Speaker 1: who got all wrapped up in the Me two universe 45 00:02:52,720 --> 00:02:55,400 Speaker 1: and now eighty three year old comedian Bill Cosby at 46 00:02:55,400 --> 00:02:59,120 Speaker 1: one point maybe the most beloved dad in all of America, 47 00:02:59,240 --> 00:03:01,400 Speaker 1: certainly in the eighties and the nineties. For those of 48 00:03:01,400 --> 00:03:05,160 Speaker 1: you out there who remember the Cosby Show as the 49 00:03:05,240 --> 00:03:09,239 Speaker 1: cultural force that it was Bill Cosby having that beloved 50 00:03:09,280 --> 00:03:12,520 Speaker 1: status stripped of him as he was paraded through the 51 00:03:12,560 --> 00:03:15,760 Speaker 1: courts and eventually convicted. And now he's going to walk 52 00:03:15,760 --> 00:03:18,560 Speaker 1: out of prison a freeman. Now some people are gonna say, Okay, 53 00:03:18,600 --> 00:03:21,840 Speaker 1: what can happen? Now the Pennsylvania Supreme Court has ruled. 54 00:03:22,600 --> 00:03:26,960 Speaker 1: Theoretically the United States Supreme Court could get involved in 55 00:03:27,000 --> 00:03:29,799 Speaker 1: this case. That would be the next iteration. I would 56 00:03:29,840 --> 00:03:32,680 Speaker 1: be very surprised if they take this case. Will be 57 00:03:32,800 --> 00:03:37,520 Speaker 1: interesting to see what the state of Pennsylvania decides. That's 58 00:03:37,520 --> 00:03:39,720 Speaker 1: a pretty big blockbuster, right I don't think anybody had 59 00:03:39,760 --> 00:03:42,040 Speaker 1: on there. What's gonna be the top news story of 60 00:03:42,080 --> 00:03:44,640 Speaker 1: the day Bill Cosby walking out of prison. You remember, 61 00:03:44,640 --> 00:03:48,920 Speaker 1: for about a twelve month period or Show Me Too 62 00:03:49,440 --> 00:03:52,720 Speaker 1: was one of the biggest stories in America that that 63 00:03:52,760 --> 00:03:55,400 Speaker 1: whole moment where we were told that there was going 64 00:03:55,440 --> 00:04:01,440 Speaker 1: to be justice brought against sexual predators basically, I mean, 65 00:04:01,440 --> 00:04:03,080 Speaker 1: that's really But then it also was people that were 66 00:04:03,120 --> 00:04:05,920 Speaker 1: guilty of sexual harassment. Right, there was this whole scale. 67 00:04:06,000 --> 00:04:08,120 Speaker 1: At the very top, you had you know, you had 68 00:04:08,200 --> 00:04:11,040 Speaker 1: Ury Weinstein, and you had Bill Cosby and people that 69 00:04:11,080 --> 00:04:14,080 Speaker 1: were that were accused of and convicted of although now 70 00:04:14,120 --> 00:04:20,440 Speaker 1: obviously Bill Cosby's conviction vacated, but convicted of serious sexual crimes. 71 00:04:20,480 --> 00:04:22,320 Speaker 1: And then it went all the way down to people 72 00:04:22,360 --> 00:04:24,520 Speaker 1: that you had made a comment or said something on 73 00:04:25,120 --> 00:04:27,440 Speaker 1: Twitter that was sexist ten years ago. Right, there was 74 00:04:27,480 --> 00:04:31,440 Speaker 1: this whole scope of what me too really meant. But 75 00:04:31,720 --> 00:04:34,200 Speaker 1: I think that part of this, because as you read 76 00:04:34,240 --> 00:04:38,960 Speaker 1: out why the Pennsylvania Supreme Court did this, part of 77 00:04:39,000 --> 00:04:42,920 Speaker 1: this is there's a reminder that our system is not 78 00:04:43,080 --> 00:04:47,599 Speaker 1: supposed to change any of the things that it's doing. 79 00:04:47,640 --> 00:04:49,839 Speaker 1: We're not supposed to be able to stack the deck 80 00:04:50,080 --> 00:04:52,920 Speaker 1: even when we think we've got someone who's a really 81 00:04:53,000 --> 00:04:56,480 Speaker 1: bad person, a really guilty person, whatever the case may be. 82 00:04:57,279 --> 00:05:02,279 Speaker 1: You shouldn't have politics driving changes to get an outcome 83 00:05:02,360 --> 00:05:06,880 Speaker 1: that you want and in that politically heightened moment, perhaps 84 00:05:07,000 --> 00:05:09,080 Speaker 1: it seems I mean, this is I mean, I'm assuming 85 00:05:09,080 --> 00:05:11,560 Speaker 1: based on what the Pennsylvania Supreme Court here has done, 86 00:05:11,839 --> 00:05:16,080 Speaker 1: they felt like there were irregularities in the process, which 87 00:05:16,200 --> 00:05:19,080 Speaker 1: now can result in a situation like this. And I 88 00:05:19,160 --> 00:05:21,280 Speaker 1: just tell everybody, you know, we haven't talked about it 89 00:05:21,320 --> 00:05:24,760 Speaker 1: yet here, but you know Derek Chauvin who was found 90 00:05:24,760 --> 00:05:27,760 Speaker 1: guilty of the murder of George Floyd. You know, he 91 00:05:28,160 --> 00:05:32,440 Speaker 1: got a twenty two plus year sentence and is also 92 00:05:32,800 --> 00:05:35,440 Speaker 1: about to have a plea deal. They believe this is 93 00:05:35,480 --> 00:05:39,720 Speaker 1: reported reached on federal civil rights charges. This doesn't this 94 00:05:39,800 --> 00:05:42,640 Speaker 1: doesn't count as as you know, double prosecution. The state 95 00:05:42,720 --> 00:05:46,320 Speaker 1: and the federal government can both bring charges for essentially 96 00:05:46,360 --> 00:05:50,559 Speaker 1: the same contact conduct, but under different jurisdictions. So Clay 97 00:05:50,680 --> 00:05:54,760 Speaker 1: as part of that, Chauvin has to recite they believe 98 00:05:55,200 --> 00:05:58,520 Speaker 1: why he did what he did, and then they'll allow 99 00:05:58,600 --> 00:06:01,000 Speaker 1: him to only serve his twenty plus years in prison 100 00:06:01,000 --> 00:06:04,080 Speaker 1: and not do a federal sentence on top of that 101 00:06:04,160 --> 00:06:06,880 Speaker 1: as well. Now, when you look at what you usually 102 00:06:06,920 --> 00:06:10,280 Speaker 1: get for manslaughter, it's not twenty plus years plus federal 103 00:06:10,360 --> 00:06:12,840 Speaker 1: civil rights I mean, they're throwing the book at this 104 00:06:12,960 --> 00:06:16,960 Speaker 1: guy and then some and we have to whatever one 105 00:06:17,000 --> 00:06:18,880 Speaker 1: thinks of the outcome in that case, in terms of 106 00:06:18,920 --> 00:06:23,159 Speaker 1: innocence or guilt. The system has to withstand political pressure. 107 00:06:23,640 --> 00:06:25,800 Speaker 1: And it looks like in the Cosmey situation, there may 108 00:06:25,839 --> 00:06:28,640 Speaker 1: have been people in the prosecutorial side who are too 109 00:06:28,640 --> 00:06:32,159 Speaker 1: aggressive and trying to get a certain outcome. Not only that, 110 00:06:32,520 --> 00:06:34,320 Speaker 1: and I think what you said is well said. There 111 00:06:34,320 --> 00:06:36,320 Speaker 1: are many people probably out there, some of whom are 112 00:06:36,400 --> 00:06:39,560 Speaker 1: defense attorneys. I have worked as a defense attorney who 113 00:06:39,680 --> 00:06:43,640 Speaker 1: know and have seen that people are not all treated 114 00:06:43,760 --> 00:06:47,839 Speaker 1: the same right. Very often prosecutors want to make a 115 00:06:48,000 --> 00:06:51,880 Speaker 1: name for themselves by going out after the biggest possible target. 116 00:06:52,040 --> 00:06:55,559 Speaker 1: Martha Stewart is an example. Remember the insider trading case. 117 00:06:55,640 --> 00:06:57,680 Speaker 1: You know who pushed that against her. By the way, 118 00:06:57,400 --> 00:07:01,160 Speaker 1: fun fact for everybody, James Combe, if you're wondering what 119 00:07:01,320 --> 00:07:05,400 Speaker 1: a head hunting chase the headlines jerk. That guy has 120 00:07:05,440 --> 00:07:08,480 Speaker 1: been forever. He was the one. And in fact, Rudy Giuliani, 121 00:07:08,520 --> 00:07:10,880 Speaker 1: who was at the US Attorney's office a southern district 122 00:07:10,920 --> 00:07:14,280 Speaker 1: at the time, said that it was Rudy told me this. 123 00:07:14,320 --> 00:07:16,360 Speaker 1: He's like, this is outrageous. You're gonna go after her 124 00:07:16,680 --> 00:07:19,680 Speaker 1: for not actually doing insider trading, but being scared and 125 00:07:19,720 --> 00:07:22,760 Speaker 1: saying the wrong thing about speaking to her broker. Yeah, well, 126 00:07:22,800 --> 00:07:25,880 Speaker 1: I mean this is to me emblematic of why I 127 00:07:25,880 --> 00:07:30,640 Speaker 1: think many lawyers are sometimes skeptical of charges and allegations. Right. 128 00:07:31,360 --> 00:07:36,040 Speaker 1: The most I would say stunning prosecutorial overreach that I 129 00:07:36,120 --> 00:07:39,760 Speaker 1: have seen in my life is the Duke Lacrosse case. 130 00:07:40,440 --> 00:07:45,600 Speaker 1: Right where you had the narrative there, privileged lacrosse playing, 131 00:07:45,960 --> 00:07:50,400 Speaker 1: private school white kids alleged to have raped a black, 132 00:07:50,600 --> 00:07:56,200 Speaker 1: single mother stripper, and you had power and prestige on 133 00:07:56,240 --> 00:08:00,280 Speaker 1: the side of the Duke Lacrosse case. And this Michael 134 00:08:00,320 --> 00:08:03,119 Speaker 1: Knifong I think was his name, the prosecutor in that case, 135 00:08:03,520 --> 00:08:06,760 Speaker 1: decided that he wanted to strike a blow for racial 136 00:08:06,840 --> 00:08:10,560 Speaker 1: justice even though the stripper, Crystal Mangum I believe was 137 00:08:10,600 --> 00:08:13,440 Speaker 1: her name, total war. I believe in fact that she 138 00:08:13,640 --> 00:08:16,680 Speaker 1: is now in prison for murder. Yes, if I'm not mistaken, 139 00:08:16,800 --> 00:08:18,960 Speaker 1: she went on to kill somebody, which is also a 140 00:08:19,000 --> 00:08:23,200 Speaker 1: reminder that even in those very politically sensitive cases, they 141 00:08:23,240 --> 00:08:27,320 Speaker 1: should have considered bringing false statement charges against her because 142 00:08:27,360 --> 00:08:30,920 Speaker 1: she was a liar. Yes, and when you you brought 143 00:08:31,000 --> 00:08:34,839 Speaker 1: up Nifong, who is just a horrifying disgrace of a 144 00:08:34,920 --> 00:08:38,000 Speaker 1: human being. The prosecutor in the Duke Lacrosse case. There 145 00:08:38,120 --> 00:08:41,239 Speaker 1: was a moment and this has been written about extensively, 146 00:08:41,360 --> 00:08:44,640 Speaker 1: and it just also goes to the Democrat social justice 147 00:08:44,679 --> 00:08:47,000 Speaker 1: mindset here of you know, if you have to just 148 00:08:47,320 --> 00:08:49,840 Speaker 1: make an example of a bunch of innocent people for 149 00:08:49,920 --> 00:08:53,400 Speaker 1: the broader narrative of racial justice, go for it. You know, 150 00:08:53,480 --> 00:08:56,320 Speaker 1: that's the way they view it. That's how Nifong viewed it. 151 00:08:56,559 --> 00:09:01,120 Speaker 1: He actually had one of the kids accused miles away 152 00:09:01,160 --> 00:09:03,560 Speaker 1: at an ATM machine and when that came out, the 153 00:09:03,640 --> 00:09:08,439 Speaker 1: family thought, oh, we're okay. No, didn't want to drop 154 00:09:08,480 --> 00:09:10,520 Speaker 1: that charge. Didn't move an inch on it, And it 155 00:09:10,559 --> 00:09:13,960 Speaker 1: was a reminder of everybody that prosecutors there's very little 156 00:09:14,000 --> 00:09:19,040 Speaker 1: oversight on politicized prosecution. And so that's something that if 157 00:09:19,040 --> 00:09:21,400 Speaker 1: you're looking to see what branch of the government can 158 00:09:21,480 --> 00:09:25,040 Speaker 1: ruin your life the fastest, unjustly, oh, it's prosecutors. I 159 00:09:25,040 --> 00:09:27,679 Speaker 1: mean the irs maybe number two close, but it's prosecuted. 160 00:09:27,760 --> 00:09:31,120 Speaker 1: And also the importance of having the resources to fight 161 00:09:31,200 --> 00:09:35,480 Speaker 1: a case. Right to me, what I always said is 162 00:09:35,559 --> 00:09:39,080 Speaker 1: the Duke Lacrosse case. We know that it was a 163 00:09:39,120 --> 00:09:44,079 Speaker 1: prosecutorial disaster because they could afford good defense attorneys. And 164 00:09:44,160 --> 00:09:47,560 Speaker 1: now again, if you're just tuning in and hearing Bill 165 00:09:47,640 --> 00:09:53,400 Speaker 1: Cosby's conviction for sexual assault overturned, he is now reportedly 166 00:09:53,440 --> 00:09:56,880 Speaker 1: going to walk out of prison a freeman today. And significantly, 167 00:09:56,880 --> 00:09:59,720 Speaker 1: as a part of this Pennsylvania Supreme Court decision which 168 00:09:59,800 --> 00:10:03,280 Speaker 1: just came down Buck, they're not allowed to prosecute him 169 00:10:03,679 --> 00:10:08,360 Speaker 1: at all for these charges going forward either. So you know, 170 00:10:08,440 --> 00:10:11,160 Speaker 1: sometimes when you overturn a case, I'm sure people out 171 00:10:11,200 --> 00:10:13,840 Speaker 1: there have heard of this. There can be something wrong 172 00:10:13,880 --> 00:10:17,560 Speaker 1: with the case, but the overall charges underlying, you can 173 00:10:17,600 --> 00:10:20,880 Speaker 1: get a new trial and bring those charges. According to 174 00:10:20,920 --> 00:10:23,880 Speaker 1: what I am reading right now, the case against Bill 175 00:10:23,960 --> 00:10:27,520 Speaker 1: Cosby is dead. It is gone. They are not able 176 00:10:27,559 --> 00:10:30,280 Speaker 1: to bring new charges against him. So you mentioned the 177 00:10:30,280 --> 00:10:33,560 Speaker 1: Derek Chauvin case for instance, what his attorneys have been 178 00:10:33,679 --> 00:10:37,120 Speaker 1: arguing for is because of the settlement with the civil case. 179 00:10:37,640 --> 00:10:40,439 Speaker 1: I'm sure there were decisions made from a witness perspective 180 00:10:40,440 --> 00:10:43,000 Speaker 1: about what evidence was introduced and whatnot. You would be 181 00:10:43,000 --> 00:10:46,600 Speaker 1: seeking a new trial, not that all charges be thrown 182 00:10:46,600 --> 00:10:51,920 Speaker 1: out Forever. Here Bill Cosby is being one hundred percent 183 00:10:52,160 --> 00:10:55,800 Speaker 1: vindicated in the fact that these charges should never have 184 00:10:55,800 --> 00:10:57,640 Speaker 1: been brought against him in the first place. Well, it's 185 00:10:57,880 --> 00:11:01,040 Speaker 1: at least from the reading of this that we have 186 00:11:01,040 --> 00:11:03,120 Speaker 1: based on the news stories, it seems that they're admitting 187 00:11:03,440 --> 00:11:07,240 Speaker 1: that there was some misconduct within the system. Yes, that 188 00:11:07,240 --> 00:11:10,920 Speaker 1: that's obviously a far cry from Bill Cosby didn't do 189 00:11:11,280 --> 00:11:14,240 Speaker 1: terrible things. They're not saying that Bill Cosby, And correct 190 00:11:14,280 --> 00:11:16,760 Speaker 1: me if I'm missing something in this breaking story they're 191 00:11:16,920 --> 00:11:21,720 Speaker 1: saying Bill Cosby didn't do it. Said, Yes, they're saying 192 00:11:22,120 --> 00:11:27,080 Speaker 1: Bill Cosby was essentially, you know, fed into the system 193 00:11:27,240 --> 00:11:30,199 Speaker 1: here and because everybody wanted to get him, and I 194 00:11:30,640 --> 00:11:32,199 Speaker 1: think that there was there was the me too angle 195 00:11:32,240 --> 00:11:36,920 Speaker 1: of it. There's also, you know, Bill Cosby his protection 196 00:11:37,000 --> 00:11:39,520 Speaker 1: as somebody who would have been like nationwide changed a 197 00:11:39,559 --> 00:11:41,600 Speaker 1: bit when he started to become a little bit more 198 00:11:41,640 --> 00:11:44,120 Speaker 1: vocal on some actual conservative issues, believe or not. So 199 00:11:44,160 --> 00:11:47,000 Speaker 1: there was a greater political desire I think to get 200 00:11:47,120 --> 00:11:49,800 Speaker 1: or you know, there was a sense that the machine 201 00:11:49,960 --> 00:11:52,199 Speaker 1: really needs to get this guy. And there he didn't 202 00:11:52,200 --> 00:11:54,640 Speaker 1: have any of the of the protection that he might 203 00:11:54,679 --> 00:11:56,920 Speaker 1: have in the past, just from people liking him and 204 00:11:57,000 --> 00:12:00,400 Speaker 1: him being such a you know, a cultural icon. But 205 00:12:00,480 --> 00:12:02,360 Speaker 1: he may very well still have done the things that 206 00:12:02,480 --> 00:12:04,240 Speaker 1: he was convicted. I mean it looks I mean, based 207 00:12:04,240 --> 00:12:06,960 Speaker 1: on the evidence, it seems like he certainly did, but 208 00:12:07,080 --> 00:12:10,479 Speaker 1: the system overstepped. I mean, this is enormous for it's 209 00:12:10,559 --> 00:12:12,760 Speaker 1: it's a massive story, and really the way to convey 210 00:12:12,760 --> 00:12:15,679 Speaker 1: it I think for people to understated it easily is effectively, 211 00:12:15,720 --> 00:12:17,320 Speaker 1: and I want to make it clearer. I haven't read 212 00:12:17,360 --> 00:12:19,240 Speaker 1: We're Alive on the air, so I haven't read the 213 00:12:19,280 --> 00:12:23,160 Speaker 1: Pennsylvania Supreme Court decision, but based on what I have 214 00:12:23,280 --> 00:12:26,960 Speaker 1: been able to read so far, effectively, what they're saying 215 00:12:27,160 --> 00:12:30,760 Speaker 1: is that there's a double jeopardy in play here. In 216 00:12:30,800 --> 00:12:35,720 Speaker 1: other words, he had already in a previous prosecutorial settlement, 217 00:12:36,480 --> 00:12:40,120 Speaker 1: had already had these charges taken off the table based 218 00:12:40,160 --> 00:12:42,679 Speaker 1: on what he had agreed to in the past. So 219 00:12:42,720 --> 00:12:44,880 Speaker 1: to your point, doesn't mean that he might not have 220 00:12:45,000 --> 00:12:47,120 Speaker 1: drugged women, doesn't mean that he may not have committed 221 00:12:47,160 --> 00:12:51,920 Speaker 1: sexual assault, but that that was previously covered under prior negotiations. 222 00:12:52,160 --> 00:12:55,000 Speaker 1: And he is expected, by the way, to be picked 223 00:12:55,080 --> 00:12:58,560 Speaker 1: up by his publicist in the next couple of hours 224 00:12:58,600 --> 00:13:02,160 Speaker 1: and officially walk out of prison a freeman, totally free. 225 00:13:02,240 --> 00:13:05,040 Speaker 1: Totally free. Lines are open, folks. I know people probably 226 00:13:05,080 --> 00:13:06,760 Speaker 1: have some thoughts on this when we are curious to 227 00:13:06,800 --> 00:13:09,280 Speaker 1: know what you think. Eight hundred two A two to 228 00:13:09,280 --> 00:13:11,760 Speaker 1: eight A two eight hundred two A two to eight 229 00:13:11,800 --> 00:13:14,960 Speaker 1: A two. Also, make sure you subscribe to the Clay 230 00:13:14,960 --> 00:13:17,360 Speaker 1: and Buck podcast, the Clay Travis and Buck Sex and 231 00:13:17,440 --> 00:13:20,280 Speaker 1: show wherever you listen to podcasts. And like I said, 232 00:13:20,320 --> 00:13:24,240 Speaker 1: Clay and Buck dot com is the website. Follow me 233 00:13:24,280 --> 00:13:27,480 Speaker 1: on Twitter, Buck Sex, and follow Clay at Clay Travis 234 00:13:27,920 --> 00:13:29,920 Speaker 1: and we'll come back in just a moment. But you know, 235 00:13:29,960 --> 00:13:33,840 Speaker 1: the administration is printing crazy amounts of money. Do you 236 00:13:33,840 --> 00:13:37,160 Speaker 1: know who the Senate Budget chairman is, folks, Bernie Sanders, 237 00:13:37,480 --> 00:13:40,080 Speaker 1: And if he got his way, he'd spend six trillion dollars. 238 00:13:40,160 --> 00:13:43,520 Speaker 1: Inflation is here, It is very real. We are going 239 00:13:43,559 --> 00:13:47,199 Speaker 1: to be at thirty trillion in debt soon. What can 240 00:13:47,240 --> 00:13:49,480 Speaker 1: you do about this? I want you to take action. 241 00:13:49,520 --> 00:13:52,720 Speaker 1: I want you to protect yourself with real gold and silver. 242 00:13:53,240 --> 00:13:55,280 Speaker 1: I've got real gold and silver you should too. I'm 243 00:13:55,280 --> 00:13:57,040 Speaker 1: talking about the kind you can actually hold in your 244 00:13:57,040 --> 00:13:59,520 Speaker 1: hands or have in your irray or four oh one 245 00:13:59,559 --> 00:14:02,600 Speaker 1: k I buy my gold from the Oxford Gold Group. 246 00:14:02,840 --> 00:14:05,440 Speaker 1: Just call them right now at eight three three four 247 00:14:05,600 --> 00:14:08,800 Speaker 1: zero four Gold. They'll answer all your questions and send 248 00:14:08,800 --> 00:14:11,840 Speaker 1: you their free investment guide. Protecting your retirement accounts with 249 00:14:11,880 --> 00:14:14,040 Speaker 1: real gold is a lot easier than you'd think. The 250 00:14:14,120 --> 00:14:16,240 Speaker 1: Oxford Gold Group will do all the work for you. 251 00:14:16,280 --> 00:14:18,400 Speaker 1: They'll have gold delivered to your home in a safe, 252 00:14:18,440 --> 00:14:22,520 Speaker 1: secure and completely private manner. Call the Oxford Gold Group 253 00:14:22,560 --> 00:14:26,360 Speaker 1: eight three three four zero four Gold. You can protect 254 00:14:26,400 --> 00:14:29,600 Speaker 1: your savings and retirement from this reckless government printing of 255 00:14:29,600 --> 00:14:32,640 Speaker 1: money right now. Call the Oxford Gold Group eight three 256 00:14:32,760 --> 00:14:43,520 Speaker 1: three four zero four Gold. Welcome back to the Clay 257 00:14:43,520 --> 00:14:47,040 Speaker 1: Travis and Buck Sexton Show. I'm Bucks Sexton, my man 258 00:14:47,120 --> 00:14:50,720 Speaker 1: Clay Travis right here, and he is diving deep into 259 00:14:50,720 --> 00:14:54,640 Speaker 1: the actual legal decision here. I want to get some 260 00:14:54,760 --> 00:14:59,040 Speaker 1: calls rocking and then we'll get into the actual overturning 261 00:14:59,560 --> 00:15:03,760 Speaker 1: of the bill cosby convict vacating the conviction and barring 262 00:15:03,800 --> 00:15:07,680 Speaker 1: future charges him. And this is a seismic legal maneuver, right, 263 00:15:07,800 --> 00:15:10,160 Speaker 1: I think that's the that's you gotta see it as such. 264 00:15:10,200 --> 00:15:13,200 Speaker 1: This is an enormous change. Do you want to Is 265 00:15:13,200 --> 00:15:15,960 Speaker 1: there a top line. Before we get to the I 266 00:15:16,000 --> 00:15:18,720 Speaker 1: can read the opening. I'm reading the opinion right now. 267 00:15:18,760 --> 00:15:22,360 Speaker 1: It's a seventy nine page opinion released today by the 268 00:15:22,400 --> 00:15:26,400 Speaker 1: Pennsylvania Supreme Court. Let me read this open and what 269 00:15:26,400 --> 00:15:29,240 Speaker 1: we'll do is we'll allow people to react and ask 270 00:15:29,360 --> 00:15:31,680 Speaker 1: questions after you hear this opening, because a lot of 271 00:15:31,720 --> 00:15:33,440 Speaker 1: people are just hearing the headline. I want to read 272 00:15:33,480 --> 00:15:36,120 Speaker 1: like three or four paragraphs here to let people know 273 00:15:36,160 --> 00:15:39,040 Speaker 1: what's going on, all right, So that's important. And you 274 00:15:39,080 --> 00:15:42,760 Speaker 1: mentioned this, Buck. We are not saying, and the court 275 00:15:42,920 --> 00:15:46,680 Speaker 1: is not saying that Bill Cosby did not commit sexual assault. 276 00:15:46,760 --> 00:15:48,440 Speaker 1: A lot of people are going to get lost in 277 00:15:48,520 --> 00:15:51,560 Speaker 1: the details of what's going on here. In fact, they 278 00:15:51,600 --> 00:15:54,080 Speaker 1: are saying that I'm going to read this. This is 279 00:15:54,120 --> 00:15:59,000 Speaker 1: giving the background here that because of the interaction of 280 00:15:59,080 --> 00:16:03,480 Speaker 1: Bill Cosby and the DA, that this is why the 281 00:16:03,520 --> 00:16:08,840 Speaker 1: case was thrown out, because Cosby had previously worked with 282 00:16:08,920 --> 00:16:11,440 Speaker 1: the DA in this case. Let me read the opening here. 283 00:16:11,800 --> 00:16:15,240 Speaker 1: In two thousand and five, the DA learned, and I'm 284 00:16:15,280 --> 00:16:19,320 Speaker 1: reading roughly from the opinion here, that this woman, Andrea Constan, 285 00:16:19,520 --> 00:16:23,280 Speaker 1: had reported that Bill Cosby sexually assaulted her in two 286 00:16:23,320 --> 00:16:28,360 Speaker 1: thousand and four, at his residence. When they did their investigation, 287 00:16:28,960 --> 00:16:33,960 Speaker 1: they determined that, after thoroughly investigating it, the likelihood of 288 00:16:33,960 --> 00:16:38,360 Speaker 1: a successful prosecution of Cosby was difficult because of this 289 00:16:38,400 --> 00:16:43,760 Speaker 1: woman's credibility as a witness, and also because she had 290 00:16:43,800 --> 00:16:47,680 Speaker 1: decided not to file a complaint promptly. So the DA 291 00:16:47,800 --> 00:16:52,280 Speaker 1: determined prosecution would be difficult because there was no corroborating 292 00:16:52,320 --> 00:16:56,960 Speaker 1: forensic evidence, and because testimony from other claimants likely were 293 00:16:57,080 --> 00:17:01,440 Speaker 1: inadmissible under laws of evidence. So the weight of those 294 00:17:01,480 --> 00:17:05,920 Speaker 1: considerations led the DA to conclude that unless Bill Cosby 295 00:17:06,000 --> 00:17:11,160 Speaker 1: confessed quote, there was insufficient credible and admissible evidence upon 296 00:17:11,320 --> 00:17:15,400 Speaker 1: which any charge against Cosby related to the constant incident 297 00:17:15,480 --> 00:17:18,200 Speaker 1: could be proven beyond a reasonable doubt. That was the 298 00:17:18,280 --> 00:17:22,160 Speaker 1: DA's determination in two thousand and five. Now, she then 299 00:17:22,840 --> 00:17:26,440 Speaker 1: decided that they would not The prosecutor decided they would 300 00:17:26,440 --> 00:17:31,119 Speaker 1: not prosecute, and then Cosby, knowing that he was not 301 00:17:31,160 --> 00:17:36,480 Speaker 1: going to be prosecuted testified in civil actions without Fifth 302 00:17:36,520 --> 00:17:39,840 Speaker 1: Amendment protections, he relied upon the DA saying that we 303 00:17:39,840 --> 00:17:45,359 Speaker 1: were not going to prosecute, and provided four sworn depositions, 304 00:17:45,640 --> 00:17:49,320 Speaker 1: and during those depositions Cosby made what was determined to 305 00:17:49,359 --> 00:17:53,680 Speaker 1: be incriminating statements, and then the successors to this DA 306 00:17:53,840 --> 00:17:57,320 Speaker 1: overturned the prior decision of the DA and made the 307 00:17:57,320 --> 00:18:00,600 Speaker 1: decision to prosecute Bill Cosby. That is the back the 308 00:18:00,640 --> 00:18:03,159 Speaker 1: Pennsylvania Supreme Let's line up some calls and take them 309 00:18:03,160 --> 00:18:05,000 Speaker 1: when we come back on this Cosby issue. But Clay, 310 00:18:05,080 --> 00:18:07,840 Speaker 1: what do you got Look, if we've learned anything since 311 00:18:07,880 --> 00:18:10,120 Speaker 1: twenty twenty. First of all, you have no idea what's 312 00:18:10,160 --> 00:18:13,520 Speaker 1: going to happen, but we definitely know a powerful immune 313 00:18:13,560 --> 00:18:19,159 Speaker 1: system is massively important, which is why you need Texas Superfood. 314 00:18:19,480 --> 00:18:24,840 Speaker 1: The original superfood doctor Dennis Black, twenty years ago invented 315 00:18:24,880 --> 00:18:29,200 Speaker 1: Texas Superfood, and it has fifty five vine ripen fruits 316 00:18:29,240 --> 00:18:33,600 Speaker 1: and vegetables, plus probiotic and digestive enzymes. 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That's Texas Superfood dot 325 00:19:01,600 --> 00:19:06,320 Speaker 1: Com slash Clay eight five five Texas, Clay Travis and 326 00:19:06,480 --> 00:19:19,359 Speaker 1: Buck Sexton fund the EIB Network. Welcome back to the 327 00:19:19,400 --> 00:19:24,280 Speaker 1: Clay Travison buck Sexton Show. I'm Buck Sexton Withney Clay Travis. 328 00:19:24,320 --> 00:19:27,400 Speaker 1: We are diving into this breaking news story, just this 329 00:19:27,480 --> 00:19:32,840 Speaker 1: hour of Bill Cosby, a totally freeman walking free today. 330 00:19:33,400 --> 00:19:38,240 Speaker 1: Conviction overturned. We have some calls here we wanted to 331 00:19:38,280 --> 00:19:42,800 Speaker 1: get to. Let's take Perry in Texas. Perry on the 332 00:19:42,840 --> 00:19:46,240 Speaker 1: Clay Travison buck Sexton Show. Hey, thanks, I was just 333 00:19:46,480 --> 00:19:49,840 Speaker 1: coming in on the Cosby case. I'm a former federal 334 00:19:49,880 --> 00:19:52,800 Speaker 1: and state prosecutor in both California and Texas. For the 335 00:19:52,880 --> 00:19:55,879 Speaker 1: last several years, I've been teaching criminal justice at the 336 00:19:55,960 --> 00:19:59,840 Speaker 1: undergraduate level, and in my sexual offending class, I predicted 337 00:19:59,840 --> 00:20:04,280 Speaker 1: the this case would be overturned because you'll remember there 338 00:20:04,359 --> 00:20:07,680 Speaker 1: was an initial trial that ended in a mistrial. At 339 00:20:07,680 --> 00:20:10,720 Speaker 1: that first trial, the jury could not reach a verdict 340 00:20:10,720 --> 00:20:15,680 Speaker 1: and only one prior accuser was allowed to testify. At 341 00:20:15,720 --> 00:20:21,560 Speaker 1: the second trial, the judge allowed five accusers to testify. Now, 342 00:20:21,600 --> 00:20:26,480 Speaker 1: every state has rules that prevent us from prosecuting someone 343 00:20:26,880 --> 00:20:30,520 Speaker 1: based upon their prior acts, and we can only use 344 00:20:30,640 --> 00:20:34,840 Speaker 1: evidence of the crime that they're on trial for. You know, 345 00:20:34,880 --> 00:20:38,119 Speaker 1: that's just simple due process. And when you allow five 346 00:20:38,320 --> 00:20:43,159 Speaker 1: other accusers to testify in the second trial, it was 347 00:20:43,960 --> 00:20:45,840 Speaker 1: writing on the wall that they were going to a 348 00:20:45,920 --> 00:20:49,600 Speaker 1: jury was going to be prejudiced by those five additional 349 00:20:49,640 --> 00:20:53,280 Speaker 1: accusers and as a result of the case would not 350 00:20:53,359 --> 00:20:55,760 Speaker 1: stand on appeals. So yeah, I got a couple of 351 00:20:55,800 --> 00:20:57,840 Speaker 1: questions for you, Perry. First of all, thanks for calling in. 352 00:20:57,880 --> 00:21:00,880 Speaker 1: This is fantastic. Where do you Where do you teach 353 00:21:00,960 --> 00:21:04,360 Speaker 1: right now? Well, I teach. I'm going to be going 354 00:21:04,359 --> 00:21:07,360 Speaker 1: back into private practice. I was teaching out a small 355 00:21:07,640 --> 00:21:11,359 Speaker 1: private university in Texas. So you said you've been a 356 00:21:11,359 --> 00:21:17,400 Speaker 1: prosecutor before in your prior life. Yes, for twenty five years. 357 00:21:17,440 --> 00:21:20,480 Speaker 1: I started out in the federal courts in California, then 358 00:21:20,640 --> 00:21:24,280 Speaker 1: was a deputy DA in northern California for fifteen years, 359 00:21:24,760 --> 00:21:28,000 Speaker 1: moved to Texas and have been my homes back to 360 00:21:28,080 --> 00:21:30,639 Speaker 1: my home state of Texas, and have been a prosecutor 361 00:21:30,680 --> 00:21:32,960 Speaker 1: here for about twelve years. Okay, so a big part 362 00:21:33,000 --> 00:21:36,560 Speaker 1: of this, and I'm curious from your experience. I'm reading 363 00:21:36,560 --> 00:21:40,639 Speaker 1: the Pennsylvania Supreme Court case as we are on commercial break, 364 00:21:40,640 --> 00:21:42,760 Speaker 1: and I just tweeted it out for anybody out there 365 00:21:42,760 --> 00:21:45,600 Speaker 1: who may be interested in seeing the actual opinion themselves. 366 00:21:46,280 --> 00:21:50,040 Speaker 1: Is the prosecutor made a decision in two thousand and 367 00:21:50,040 --> 00:21:53,159 Speaker 1: five that he did not believe he could get a 368 00:21:53,200 --> 00:21:57,399 Speaker 1: conviction based on the evidence, and so told that to 369 00:21:57,520 --> 00:22:01,520 Speaker 1: Bill Cosby and his representatives, and then Cosby relied upon 370 00:22:01,680 --> 00:22:06,720 Speaker 1: that before he testified in civil cases and gave depositions, 371 00:22:07,000 --> 00:22:08,760 Speaker 1: and then some of the comments that he made in 372 00:22:08,800 --> 00:22:11,840 Speaker 1: those depositions was used against him in this criminal trial. 373 00:22:11,920 --> 00:22:15,120 Speaker 1: My question for you is the DA changed to their 374 00:22:15,200 --> 00:22:19,080 Speaker 1: mind in that jurisdiction and said we're not going to 375 00:22:19,119 --> 00:22:23,240 Speaker 1: abide by the previous DA's determination. Can you remember in 376 00:22:23,320 --> 00:22:27,159 Speaker 1: your experience as a prosecutor a time where one DA 377 00:22:27,280 --> 00:22:29,760 Speaker 1: might have reviewed a case said I don't think we 378 00:22:29,800 --> 00:22:32,840 Speaker 1: can make this. You make this a charge is stick, 379 00:22:32,920 --> 00:22:36,760 Speaker 1: you convey it to the alleged accused, and then later 380 00:22:36,840 --> 00:22:39,680 Speaker 1: you come back and change the opinion. Because I think 381 00:22:39,680 --> 00:22:41,919 Speaker 1: for a lot of people out there, they're going to 382 00:22:41,960 --> 00:22:45,280 Speaker 1: think this means Bill Cosby didn't necessarily commit rape, and 383 00:22:45,320 --> 00:22:48,320 Speaker 1: we don't know whether or not that happened. This is 384 00:22:48,359 --> 00:22:52,119 Speaker 1: a procedural issue that he is getting released for, not 385 00:22:52,320 --> 00:22:56,800 Speaker 1: a determination that the jury conviction was wrong on the 386 00:22:56,840 --> 00:23:02,320 Speaker 1: evidence itself necessarily correct. Now, I've never experienced the scenario 387 00:23:02,400 --> 00:23:05,360 Speaker 1: that you've described in my years as a prosecutor. However, 388 00:23:05,880 --> 00:23:10,400 Speaker 1: prosecutors are becoming more and more politicized over the last 389 00:23:10,400 --> 00:23:15,119 Speaker 1: twenty years, and it's just to the detriment of actual justice. 390 00:23:15,480 --> 00:23:20,080 Speaker 1: You know, trowsers are very rarely anymore about a search 391 00:23:20,160 --> 00:23:23,800 Speaker 1: for truth. They're about how to shape a narrative. And 392 00:23:23,840 --> 00:23:26,760 Speaker 1: whoever shapes the narrative the best is the one that 393 00:23:26,840 --> 00:23:30,200 Speaker 1: typically wins. And you know that's a shame that this 394 00:23:30,440 --> 00:23:34,320 Speaker 1: is a win. And again, I don't support Bill Cosby 395 00:23:34,440 --> 00:23:39,600 Speaker 1: in any type of sexual assault charge or allegation even however, 396 00:23:39,920 --> 00:23:42,159 Speaker 1: I do stand up for what the law is. And 397 00:23:42,240 --> 00:23:46,240 Speaker 1: when you have a prosecutor that then entices someone to 398 00:23:46,400 --> 00:23:52,840 Speaker 1: participate in civil cases based upon an agreement not to 399 00:23:52,960 --> 00:23:56,679 Speaker 1: prosecute him criminally, than what you're doing is, as you 400 00:23:56,720 --> 00:24:01,399 Speaker 1: are bastardizing the system, you are taking a tenant of 401 00:24:01,440 --> 00:24:03,480 Speaker 1: the system, and that is that we're not going to 402 00:24:03,520 --> 00:24:07,040 Speaker 1: prosecute you. An agreement not to prosecute and then discarding 403 00:24:07,080 --> 00:24:10,119 Speaker 1: it for your political whims. And so Perry, thank you 404 00:24:10,160 --> 00:24:12,200 Speaker 1: so much for your expertise on this one. We really 405 00:24:12,240 --> 00:24:15,520 Speaker 1: really do appreciate it. And any Hill Clay think about 406 00:24:15,520 --> 00:24:18,800 Speaker 1: what this would mean within the system. If the word 407 00:24:19,320 --> 00:24:23,399 Speaker 1: of the court or of the prosecutor's office can't be trusted, 408 00:24:23,680 --> 00:24:27,000 Speaker 1: the whole system actually falls. We have in federal cases 409 00:24:27,000 --> 00:24:30,719 Speaker 1: over ninety percent of them plea bargains. Can you imagine 410 00:24:30,800 --> 00:24:33,840 Speaker 1: if you had a prosecutor who said, you know what, 411 00:24:34,080 --> 00:24:38,280 Speaker 1: just just tell us, tell us everything that happened, cooperate 412 00:24:38,320 --> 00:24:41,200 Speaker 1: with us, and we'll give you, you know, five years 413 00:24:41,200 --> 00:24:43,639 Speaker 1: instead of fifteen years, which pretty standard for you know, 414 00:24:43,640 --> 00:24:45,560 Speaker 1: our friends who are federal prosecutors to this day, and 415 00:24:45,560 --> 00:24:48,359 Speaker 1: they talk about it a lot, and they after you 416 00:24:48,400 --> 00:24:50,760 Speaker 1: did all that, they said, you know what, actually we're 417 00:24:50,760 --> 00:24:53,480 Speaker 1: going to give you the fifteen anyway, right, we have 418 00:24:53,640 --> 00:24:56,360 Speaker 1: to be able to trust the word of the system. 419 00:24:56,840 --> 00:25:00,200 Speaker 1: And what it sounds like happened here is they said, well, 420 00:25:00,240 --> 00:25:03,200 Speaker 1: you know, we're not We're going to change what we're 421 00:25:03,240 --> 00:25:06,040 Speaker 1: willing to use as evidence against Cosby based upon the 422 00:25:06,080 --> 00:25:08,960 Speaker 1: desire to get a prosecution and also the temperature of 423 00:25:09,000 --> 00:25:12,040 Speaker 1: the current political environment because in two thousand and five, 424 00:25:12,200 --> 00:25:15,240 Speaker 1: Me Too hadn't happened yet. And remember this all Bill 425 00:25:15,280 --> 00:25:20,480 Speaker 1: Cosby pressure spiraled out of Remember Hannibal Buris, the comedian, 426 00:25:20,800 --> 00:25:24,280 Speaker 1: He did an entire routine that went viral on Bill 427 00:25:24,320 --> 00:25:27,240 Speaker 1: Cosby being able to get away with rape. And the 428 00:25:27,359 --> 00:25:29,919 Speaker 1: reason why that, I guarantee you the reason why this 429 00:25:30,040 --> 00:25:33,000 Speaker 1: new prosecutor came in and said, I'm not going to 430 00:25:33,000 --> 00:25:36,159 Speaker 1: honor the determination that was made in two thousand and five. Remember, 431 00:25:36,240 --> 00:25:41,119 Speaker 1: much more contemporaneous. In that context, he was investigating a 432 00:25:41,240 --> 00:25:44,840 Speaker 1: year after it happened, whereas we're talking about a decade later. Basically, 433 00:25:44,880 --> 00:25:48,399 Speaker 1: these charges are finally brought. What's going on? What changed 434 00:25:48,440 --> 00:25:52,240 Speaker 1: me too? Right? Where the prosecutor it's all political. The 435 00:25:52,320 --> 00:25:56,560 Speaker 1: prosecutor felt pressure because of all of the Harvey Wine 436 00:25:56,560 --> 00:25:58,159 Speaker 1: scenes of the world. Let me add this into two 437 00:25:58,200 --> 00:26:00,840 Speaker 1: buck because you're asking good questions. I don't know what 438 00:26:00,920 --> 00:26:03,760 Speaker 1: the play on this story is going to be moving forward, 439 00:26:04,400 --> 00:26:07,320 Speaker 1: but let's not underrate the narrative here in certain degree. 440 00:26:08,160 --> 00:26:13,800 Speaker 1: If Harvey Weinstein suddenly walked out of prison, Harvey Weinstein, 441 00:26:13,840 --> 00:26:15,639 Speaker 1: obviously I think most people are gonna know, but the 442 00:26:15,960 --> 00:26:19,840 Speaker 1: Hollywood producer who was accused and found guilty of sexual assault. 443 00:26:20,720 --> 00:26:24,600 Speaker 1: If he walked out on some level because of great warrioring, 444 00:26:24,600 --> 00:26:27,480 Speaker 1: because make no mistake, Bill Cosby has got incredible lawyers, 445 00:26:28,400 --> 00:26:31,399 Speaker 1: what would the response be. It would be, oh, look, 446 00:26:31,840 --> 00:26:35,880 Speaker 1: another rich white guy is able to subvert the justice 447 00:26:35,920 --> 00:26:39,760 Speaker 1: system and walk right out. The gouts conflicting identities here, right, 448 00:26:40,040 --> 00:26:42,879 Speaker 1: black guy who may have been wrongfully treated by the 449 00:26:42,920 --> 00:26:47,399 Speaker 1: prosecutor's office, white woman who says that she was raped 450 00:26:47,400 --> 00:26:50,000 Speaker 1: by him. Remember this doesn't mean that Bill Cosby didn't 451 00:26:50,000 --> 00:26:54,280 Speaker 1: commit rape. It just means that the first prosecutor may 452 00:26:54,320 --> 00:26:56,640 Speaker 1: have believed that he couldn't get a conviction. This later 453 00:26:56,680 --> 00:26:59,840 Speaker 1: prosecutor did get a conviction. Based on what Cosby said 454 00:27:00,359 --> 00:27:04,840 Speaker 1: in those depositions. A reasonable person would say this guy 455 00:27:05,000 --> 00:27:07,639 Speaker 1: was was, you know, basically drugging women. I mean, that 456 00:27:07,760 --> 00:27:10,040 Speaker 1: was what this and that became the overall perception. But 457 00:27:10,040 --> 00:27:12,679 Speaker 1: I bet also note that you know, not only is 458 00:27:12,680 --> 00:27:14,560 Speaker 1: there the integrity of the system that we have to 459 00:27:14,600 --> 00:27:16,600 Speaker 1: look at here, you know the fruit of the poison 460 00:27:16,640 --> 00:27:19,840 Speaker 1: tree doctrine. For example, right, if cops plant something, even 461 00:27:19,840 --> 00:27:22,320 Speaker 1: if the guy is guilty and everybody knows it, if 462 00:27:22,320 --> 00:27:24,760 Speaker 1: the cops planted that could cause the whole thing to 463 00:27:24,760 --> 00:27:26,960 Speaker 1: fall apart, and they will exclude it. If they have 464 00:27:27,000 --> 00:27:30,280 Speaker 1: a search that's illegal, they'll exclude it. So that's because 465 00:27:30,320 --> 00:27:32,240 Speaker 1: we have to have a system with integrity or else 466 00:27:32,240 --> 00:27:36,440 Speaker 1: it all falls down. And that's this is a problem 467 00:27:36,520 --> 00:27:38,760 Speaker 1: of the system that's being addressed here in this case. 468 00:27:38,760 --> 00:27:41,240 Speaker 1: But to hear point also, the narratives around this are 469 00:27:41,240 --> 00:27:43,040 Speaker 1: going to be very very interesting. I wanted to bring 470 00:27:43,080 --> 00:27:45,119 Speaker 1: in by you mentioned by the way that sorry, we'll 471 00:27:45,160 --> 00:27:47,040 Speaker 1: get to Brian a sect, but you mentioned Bill Cosby 472 00:27:47,119 --> 00:27:51,080 Speaker 1: has had some conservative political opinions right that have put 473 00:27:51,160 --> 00:27:54,280 Speaker 1: him in the firing squad at some points, and that 474 00:27:54,320 --> 00:27:56,160 Speaker 1: factor's into Can I just say, I mean, if you've 475 00:27:56,160 --> 00:28:00,359 Speaker 1: seen the R Kelly documentary Surviving r Kelly, for example, 476 00:28:00,800 --> 00:28:04,879 Speaker 1: r Kelly had a level of protection despite being caught 477 00:28:05,320 --> 00:28:11,520 Speaker 1: on video with an underage girl because the community backed him. 478 00:28:11,640 --> 00:28:15,200 Speaker 1: That comes across very clearly in there. The community. Now, 479 00:28:15,280 --> 00:28:18,360 Speaker 1: the left, the Democrat Party, the media, they weren't back 480 00:28:18,359 --> 00:28:20,760 Speaker 1: in Bill Cosby anymore. Quite the opposite. And this is 481 00:28:20,800 --> 00:28:22,560 Speaker 1: also going to be a wrinkle. One of my buddies, 482 00:28:22,600 --> 00:28:24,720 Speaker 1: who's also a practicing attorney, said I know you're on 483 00:28:24,760 --> 00:28:27,760 Speaker 1: the air right now, but he said the DA who 484 00:28:27,800 --> 00:28:30,920 Speaker 1: made the promise to Cosby that he would not prosecute 485 00:28:31,560 --> 00:28:38,000 Speaker 1: same lawyer who defended President Trump and the second impeachment trial. Wow, 486 00:28:38,880 --> 00:28:41,560 Speaker 1: that's a little bit, a little bit incestuous, right, there's 487 00:28:41,600 --> 00:28:44,520 Speaker 1: not you know, like the legal community, like many communities, 488 00:28:44,840 --> 00:28:47,200 Speaker 1: radio community can be a little bit incestuous. You know, 489 00:28:47,240 --> 00:28:49,600 Speaker 1: there's not a necessarily a big group, but that is 490 00:28:49,640 --> 00:28:52,760 Speaker 1: an intriguing little angle here as well. Everyone's got we know, okay, 491 00:28:52,840 --> 00:28:55,520 Speaker 1: our lines are all fired up because this is a 492 00:28:55,600 --> 00:28:57,880 Speaker 1: big This brings in a lot of different threads. Will 493 00:28:57,960 --> 00:29:01,480 Speaker 1: rack and stack some calls coming back here in just 494 00:29:01,520 --> 00:29:04,880 Speaker 1: a minute. Eight hundred two eight two two eight eight two. 495 00:29:04,920 --> 00:29:06,720 Speaker 1: I'm Buck Sex and he's Clay Travis. We'll be back 496 00:29:06,760 --> 00:29:08,400 Speaker 1: with you in just a moment. But Clay, you got 497 00:29:08,400 --> 00:29:11,240 Speaker 1: something for us. Yeah. Look, Buck, it's wedding season. And 498 00:29:11,360 --> 00:29:13,200 Speaker 1: if you've been to weddings, and I've been to a 499 00:29:13,200 --> 00:29:16,160 Speaker 1: ton of them over the years, some of the pictures 500 00:29:16,160 --> 00:29:18,560 Speaker 1: that you took, some of the videos that you might have, 501 00:29:19,120 --> 00:29:23,200 Speaker 1: digitization is a big deal because a lot of that 502 00:29:23,280 --> 00:29:27,800 Speaker 1: old media can start to decay and not be as 503 00:29:27,920 --> 00:29:30,840 Speaker 1: usable as it has been before. It's wedding season. But 504 00:29:30,920 --> 00:29:33,240 Speaker 1: you want to preserve the best memories that your family 505 00:29:33,320 --> 00:29:36,480 Speaker 1: might have and the folks a Legacy Box can take 506 00:29:36,560 --> 00:29:39,000 Speaker 1: care of you. I have been using them. Look, I 507 00:29:39,080 --> 00:29:41,640 Speaker 1: am not a tech savant. I do not know how 508 00:29:41,640 --> 00:29:44,440 Speaker 1: to do hardly anything. But I have been concerned with 509 00:29:44,560 --> 00:29:48,480 Speaker 1: preserving a lot of my family's best memories and so 510 00:29:48,560 --> 00:29:51,240 Speaker 1: we were excited to be able to take advantage of 511 00:29:51,360 --> 00:29:53,880 Speaker 1: Legacy Box offers. They have been taken care of a 512 00:29:53,880 --> 00:29:55,800 Speaker 1: lot of my mom's old pictures, a lot of my 513 00:29:55,840 --> 00:29:59,120 Speaker 1: mom's old videos of family members that are very near 514 00:29:59,160 --> 00:30:01,840 Speaker 1: and dear to us. Many of you out there, I know, 515 00:30:01,960 --> 00:30:03,800 Speaker 1: have that feeling in the pit of your stomach where 516 00:30:03,800 --> 00:30:05,920 Speaker 1: you're like, man, I love this picture, but he's starting 517 00:30:05,920 --> 00:30:09,880 Speaker 1: to fade a little bit. This old video slides old movies. 518 00:30:10,160 --> 00:30:12,120 Speaker 1: You want to make sure that you preserve them for 519 00:30:12,240 --> 00:30:14,920 Speaker 1: your kids and your grandkids. And right now, Legacy Box 520 00:30:15,040 --> 00:30:18,680 Speaker 1: offering forty percent off so your family can celebrate meaningful 521 00:30:18,720 --> 00:30:21,440 Speaker 1: moments at a fraction of the normal price. Visit legacybox 522 00:30:21,480 --> 00:30:24,280 Speaker 1: dot com, slash Clay and Buck to get started today. 523 00:30:24,320 --> 00:30:27,680 Speaker 1: That's a legacybox dot Com slash Clay and Buck for 524 00:30:28,000 --> 00:30:32,320 Speaker 1: forty percent off legacybox dot Com Slash Clay and Buck. 525 00:30:41,040 --> 00:30:44,520 Speaker 1: Welcome back in Clay Travis Buck Sexton Show, Wednesday edition. 526 00:30:44,800 --> 00:30:47,560 Speaker 1: Rolling through the second hour the program, big breaking news. 527 00:30:48,120 --> 00:30:52,560 Speaker 1: Bill Cosby's conviction vacated. He will be leaving prison within 528 00:30:52,880 --> 00:30:56,320 Speaker 1: the probably maybe before this show is over today, going 529 00:30:56,360 --> 00:30:59,040 Speaker 1: to be released, can no longer be prosecuted. We've been 530 00:30:59,080 --> 00:31:02,960 Speaker 1: breaking down the legal ruling for you. Not surprisingly, we 531 00:31:03,040 --> 00:31:05,560 Speaker 1: have got loaded lines. A lot of people want to 532 00:31:05,600 --> 00:31:09,720 Speaker 1: react to this breaking news, ask questions about this breaking news. Buck. 533 00:31:09,760 --> 00:31:12,560 Speaker 1: One thing I would mention Bill Cosby now not only 534 00:31:12,560 --> 00:31:16,960 Speaker 1: getting out of jail, he has a massive lawsuit that 535 00:31:17,120 --> 00:31:20,160 Speaker 1: he can file against the state of Pennsylvania because they 536 00:31:20,160 --> 00:31:23,280 Speaker 1: put him in jail for multiple years refused in bail, remember, 537 00:31:23,760 --> 00:31:26,760 Speaker 1: and that should have never happened based on what the 538 00:31:26,760 --> 00:31:29,920 Speaker 1: Pennsylvania Supreme Court is saying was an agreement with the 539 00:31:30,000 --> 00:31:33,040 Speaker 1: district Attorney made in two thousand and five that cases 540 00:31:33,080 --> 00:31:35,040 Speaker 1: that charges would not be brought in this case. This 541 00:31:35,120 --> 00:31:38,640 Speaker 1: is the system saying the system was abused, yes, to 542 00:31:38,720 --> 00:31:41,640 Speaker 1: get a conviction against Bill Cosby. That is what this 543 00:31:41,680 --> 00:31:43,600 Speaker 1: As you and I are both reading through the seventy 544 00:31:43,600 --> 00:31:46,920 Speaker 1: eight page decision. Here, they're making that clear that they 545 00:31:46,960 --> 00:31:50,040 Speaker 1: needed to get Cosby because that's what the politics of it. 546 00:31:50,040 --> 00:31:51,560 Speaker 1: We're in the woman, which, by the way, just to 547 00:31:51,600 --> 00:31:54,240 Speaker 1: be very clear for everybody, that's a different thing than 548 00:31:54,320 --> 00:31:57,360 Speaker 1: clay or I saying we don't think Bill Cosby was 549 00:31:57,440 --> 00:32:00,400 Speaker 1: doing bad stuff, because I think these sports he was 550 00:32:00,440 --> 00:32:02,600 Speaker 1: doing bad stuff. The evidence is clear that this is 551 00:32:02,600 --> 00:32:04,920 Speaker 1: a guy who had a Now, I also, I don't 552 00:32:04,920 --> 00:32:06,600 Speaker 1: even know what the legal implications are. Now can you 553 00:32:06,640 --> 00:32:09,320 Speaker 1: say that he was he was convicted. When someone's convicted, 554 00:32:09,360 --> 00:32:11,720 Speaker 1: you can say they are a rapist, right, But when 555 00:32:11,720 --> 00:32:15,320 Speaker 1: their conviction is vacated, I don't know what the legal 556 00:32:15,360 --> 00:32:17,600 Speaker 1: realities of that are. For he's not a convicted rapist. 557 00:32:17,800 --> 00:32:20,200 Speaker 1: I mean that that is the right. He is a 558 00:32:20,280 --> 00:32:25,520 Speaker 1: wrongfully convicted, Uh, innocent man according to wrongfully No, you 559 00:32:25,560 --> 00:32:29,160 Speaker 1: just said that that's convict he's wrongfully convicted. Brian and 560 00:32:29,240 --> 00:32:31,720 Speaker 1: Marshall Illinois. You can tell we got a lot to 561 00:32:31,760 --> 00:32:36,080 Speaker 1: think about here. What's up? Um, I think you guys 562 00:32:36,080 --> 00:32:39,920 Speaker 1: are exactly right. Uh. Crosby was sort of railroaded because 563 00:32:39,960 --> 00:32:43,320 Speaker 1: he was very outspoken about black men staying in their 564 00:32:43,360 --> 00:32:48,880 Speaker 1: family situation. And not causing problems in the black community. 565 00:32:49,480 --> 00:32:54,560 Speaker 1: And I think you're right that the justice system did 566 00:32:54,680 --> 00:32:58,880 Speaker 1: him wrong. And um, well, the justice system admits now 567 00:32:59,360 --> 00:33:01,480 Speaker 1: the justice of the justice system saying that. And let 568 00:33:01,560 --> 00:33:03,920 Speaker 1: me be clear here, I don't think Bill Cosby's race 569 00:33:04,040 --> 00:33:07,200 Speaker 1: or his politics mattered as much as the fact that 570 00:33:07,240 --> 00:33:10,440 Speaker 1: he was a powerful man accused of raping a woman 571 00:33:11,120 --> 00:33:15,920 Speaker 1: in the me Too era and that became a different 572 00:33:16,040 --> 00:33:20,360 Speaker 1: level of target for prosecutors. In two thousand and five, 573 00:33:20,680 --> 00:33:24,640 Speaker 1: me too hadn't happened, Harvey Weinstein wasn't out there. In 574 00:33:24,720 --> 00:33:30,280 Speaker 1: two fifteen, sixteen seventeen, the market and the atmosphere changed, 575 00:33:30,360 --> 00:33:33,680 Speaker 1: and I believe that's why the prosecutor changed the decision 576 00:33:34,640 --> 00:33:37,960 Speaker 1: and made the choice to come after him. Now, are 577 00:33:38,000 --> 00:33:43,120 Speaker 1: there other things that could have made him a target, Yes, certainly. Look, anytime, 578 00:33:43,160 --> 00:33:46,680 Speaker 1: the prosecutor has the power and authority to determine whether 579 00:33:46,840 --> 00:33:50,080 Speaker 1: or not a crime was committed, and it's a close call, 580 00:33:50,640 --> 00:33:52,400 Speaker 1: right in terms of whether or not they could get 581 00:33:52,400 --> 00:33:53,960 Speaker 1: a conviction, which I think it's fair to say this 582 00:33:54,000 --> 00:33:57,680 Speaker 1: case was because the first case was a mistrial. Second case, 583 00:33:57,720 --> 00:34:00,479 Speaker 1: they changed the evidence that they allow, and he's victed 584 00:34:01,040 --> 00:34:03,280 Speaker 1: first time the prosecutor looked at this, he thought that 585 00:34:03,320 --> 00:34:06,000 Speaker 1: the woman had issues at her credibility and didn't think 586 00:34:06,000 --> 00:34:08,680 Speaker 1: he could get a conviction. That's kind of where we are, right. 587 00:34:08,719 --> 00:34:10,759 Speaker 1: This is a Sometimes you see charges and you look 588 00:34:10,760 --> 00:34:13,560 Speaker 1: at the evidence and you're like, this dude's dead to rights. Right. 589 00:34:13,600 --> 00:34:16,800 Speaker 1: I've represented criminal defendants before, and I've looked at it. 590 00:34:16,840 --> 00:34:21,359 Speaker 1: I've been like, yeah, most federal prosecutions. Yeah, you look 591 00:34:21,360 --> 00:34:24,120 Speaker 1: at it and you're like, this dude's in a rough spot. Right. 592 00:34:24,160 --> 00:34:26,080 Speaker 1: That's why you go ahead and agree to a plea bargain. 593 00:34:26,160 --> 00:34:27,800 Speaker 1: That's why you don't let the case go to trial. 594 00:34:27,840 --> 00:34:31,160 Speaker 1: Every lawyer has been in those situations other times. If 595 00:34:31,200 --> 00:34:33,440 Speaker 1: you're a good lawyer and you have good lawyers like 596 00:34:33,440 --> 00:34:37,560 Speaker 1: Bill Cosby, did you attack the evidence before the charges 597 00:34:37,600 --> 00:34:39,600 Speaker 1: are even brought? And that's what it appears to have 598 00:34:39,640 --> 00:34:42,239 Speaker 1: happened here. Brian, appreciate it. Man, Thank you for calling 599 00:34:42,239 --> 00:34:46,799 Speaker 1: in from Illinois. Let's get Eric in Minneapolis, Minnesota. Eric, 600 00:34:47,000 --> 00:34:53,000 Speaker 1: Welcome afternoon, gentlemen. Keep up the good work. Thank you. 601 00:34:54,719 --> 00:34:58,840 Speaker 1: This was a Pennsylvania State Supreme Court. That's correct. That 602 00:34:58,960 --> 00:35:05,040 Speaker 1: doesn't mean okay, you keep seeing he can't be tight again. 603 00:35:05,600 --> 00:35:07,359 Speaker 1: He can't let me let me be clear, like sorry 604 00:35:07,360 --> 00:35:08,680 Speaker 1: to cut you off air, but let me explain what 605 00:35:08,719 --> 00:35:10,560 Speaker 1: I mean. But it can't be tried again. He can't 606 00:35:10,600 --> 00:35:15,959 Speaker 1: be tried for these particular charges based on the Pennsylvania 607 00:35:16,040 --> 00:35:20,280 Speaker 1: Supreme Court decision. Okay, that doesn't mean, and I don't 608 00:35:20,280 --> 00:35:25,280 Speaker 1: know Bill Cosby's entire litany of legal related issues. This 609 00:35:25,360 --> 00:35:28,680 Speaker 1: individual woman, this Andrea Constat, I think is her name, 610 00:35:29,440 --> 00:35:33,440 Speaker 1: she cannot be a witness to convict Bill Cosby of 611 00:35:33,560 --> 00:35:37,280 Speaker 1: sexual assault anymore. Like this is not a case where 612 00:35:37,520 --> 00:35:39,600 Speaker 1: sometimes the court will look and I understand there can 613 00:35:39,600 --> 00:35:43,520 Speaker 1: be confusion there. Sometimes the court buck and Eric looks 614 00:35:43,560 --> 00:35:45,400 Speaker 1: at a case and they say, okay, we need a 615 00:35:45,440 --> 00:35:48,480 Speaker 1: new trial. This is not that. This is saying this 616 00:35:48,640 --> 00:35:52,320 Speaker 1: case is over. And effectively they're they're admitting that this 617 00:35:52,400 --> 00:35:54,560 Speaker 1: should have never been brought. This should have never been brought. 618 00:35:54,760 --> 00:35:57,960 Speaker 1: And I would just remind everybody that the power to prosecute, 619 00:35:58,000 --> 00:35:59,840 Speaker 1: and Eric, thanks for calling him for Minneapolis to with 620 00:35:59,880 --> 00:36:03,800 Speaker 1: the clarification question. The power to prosecute is the power 621 00:36:03,840 --> 00:36:07,280 Speaker 1: to destroy, meaning that the decision to bring the charges 622 00:36:07,480 --> 00:36:12,160 Speaker 1: alone is enough to often ruin people's lives, bankrupt them, 623 00:36:13,080 --> 00:36:16,799 Speaker 1: destroy their reputations, which is why, for example, there are 624 00:36:16,920 --> 00:36:21,640 Speaker 1: these guidelines for prosecutors in cases where they won't bring 625 00:36:21,680 --> 00:36:25,839 Speaker 1: even if they maybe believe that something happened. They understand 626 00:36:25,880 --> 00:36:30,320 Speaker 1: that they can't just bring cases without feeling very confident 627 00:36:30,360 --> 00:36:32,839 Speaker 1: that it's already beyond a reasonable doubt and they can 628 00:36:33,040 --> 00:36:35,480 Speaker 1: prove it. Remember, it's just like in Training Day with 629 00:36:35,520 --> 00:36:38,000 Speaker 1: Denzel Washington. It's not it's not what you know, it's 630 00:36:38,040 --> 00:36:41,840 Speaker 1: what you can prove no doubt. And Bill Cosby's wife 631 00:36:42,320 --> 00:36:46,840 Speaker 1: on the television show Felicia rissad Claire Huxtable just tweeted, 632 00:36:46,960 --> 00:36:51,239 Speaker 1: finally all caps, a terrible wrong is being righted, A 633 00:36:51,440 --> 00:36:55,239 Speaker 1: miscarriage of justice is corrected. That is the way she 634 00:36:55,520 --> 00:36:58,359 Speaker 1: is playing it. How will the media play it? Will 635 00:36:58,400 --> 00:37:04,000 Speaker 1: continue to discuss major breaking news Bill Cosby being released 636 00:37:04,280 --> 00:37:08,200 Speaker 1: from prison and the government in Pennsylvania at least got 637 00:37:08,200 --> 00:37:10,760 Speaker 1: it all wrong. This is a monster story.