1 00:00:00,080 --> 00:00:03,320 Speaker 1: Welcome to today's edition of The Clay Travis and Buck 2 00:00:03,360 --> 00:00:07,160 Speaker 1: Sexton Show podcast. Welcome into the third hour of The 3 00:00:07,200 --> 00:00:10,440 Speaker 1: Clay Travis and Buck Sexton Show. Appreciate you being here 4 00:00:10,520 --> 00:00:13,640 Speaker 1: with us. We've got a lot of new stories today, 5 00:00:13,680 --> 00:00:16,600 Speaker 1: a whole range of topics we'll be getting to returning 6 00:00:16,600 --> 00:00:19,759 Speaker 1: to if you miss some of it. Updates on the 7 00:00:19,840 --> 00:00:23,439 Speaker 1: Biden economy, the new COVID rules vaccine mandates the fight 8 00:00:23,480 --> 00:00:25,520 Speaker 1: over whether kids should be forced to get the shot 9 00:00:25,600 --> 00:00:28,080 Speaker 1: or should they get the shot at all. Plus, you've 10 00:00:28,120 --> 00:00:33,159 Speaker 1: had Kyle Rittenhouse's trial going on in Kenosha, Wisconsin. He 11 00:00:33,360 --> 00:00:37,320 Speaker 1: took the stand today, which every defense attorney and now 12 00:00:37,400 --> 00:00:40,880 Speaker 1: everybody who knows the defense attorney will tell you is unusual, 13 00:00:40,960 --> 00:00:45,400 Speaker 1: considered risky. So far, looks like it has to all viewers, 14 00:00:45,440 --> 00:00:47,720 Speaker 1: all analysts that I've seen, and Clay and I've been 15 00:00:47,760 --> 00:00:51,120 Speaker 1: put up mending this back and forth and talking to 16 00:00:51,159 --> 00:00:53,480 Speaker 1: you about it obviously on air. It looks like Rittenhouse 17 00:00:53,520 --> 00:00:58,440 Speaker 1: has done well for himself against cross examination, laid out 18 00:00:58,480 --> 00:01:01,960 Speaker 1: his story well. Seems to me like this is all 19 00:01:02,120 --> 00:01:05,440 Speaker 1: clear cut self defense. What's been noteworthy is how the 20 00:01:05,560 --> 00:01:11,800 Speaker 1: prosecution has been getting admonished at various points by the judge, 21 00:01:11,840 --> 00:01:14,960 Speaker 1: shouted at by the judge in this case makes people 22 00:01:15,000 --> 00:01:18,520 Speaker 1: feel like, certainly, I see it as the prosecution knows 23 00:01:18,600 --> 00:01:22,280 Speaker 1: they're likely losing at this phase. They are not in 24 00:01:22,360 --> 00:01:24,800 Speaker 1: fact making the case they need to to get a 25 00:01:24,880 --> 00:01:28,600 Speaker 1: guilty verdict on any of the major counts and perhaps 26 00:01:28,680 --> 00:01:34,720 Speaker 1: even angling for a mistrial because things have gone so awry. Clay, 27 00:01:34,760 --> 00:01:37,040 Speaker 1: you know you watched enough of these trials. If you're 28 00:01:37,080 --> 00:01:41,559 Speaker 1: somebody who's follows, you know, true crime and watches these 29 00:01:41,600 --> 00:01:45,000 Speaker 1: illegal proceedings. They play out in different courtrooms, it's rare 30 00:01:45,040 --> 00:01:47,640 Speaker 1: to see a lot of what we've seen today, Right. 31 00:01:47,720 --> 00:01:50,120 Speaker 1: You don't see a criminal defendant at this level take 32 00:01:50,200 --> 00:01:53,280 Speaker 1: the stand, you broke down in tears, really emotional moments. 33 00:01:53,560 --> 00:01:57,880 Speaker 1: You don't see judges shouting and at prosecutors saying you 34 00:01:57,920 --> 00:02:00,400 Speaker 1: may get a mistrial over this. This looks like what 35 00:02:00,480 --> 00:02:03,120 Speaker 1: people think of his courtroom drama. We're actually getting it 36 00:02:03,160 --> 00:02:06,440 Speaker 1: today in the Rittenhouse case. Yeah, when you're a practicing attorney, 37 00:02:07,120 --> 00:02:11,560 Speaker 1: sometimes when you are training, they will say juries expect 38 00:02:11,639 --> 00:02:14,800 Speaker 1: for there to be law and order moments. They expect 39 00:02:14,880 --> 00:02:18,520 Speaker 1: for the time to kill moment. They expect because they've 40 00:02:18,560 --> 00:02:23,240 Speaker 1: seen the way that Hollywood and television bring trials to 41 00:02:23,280 --> 00:02:28,839 Speaker 1: their essence, and oftentimes they're disappointed by the minutia involved 42 00:02:28,880 --> 00:02:32,080 Speaker 1: in multi day trials. You don't get very often a 43 00:02:32,120 --> 00:02:35,640 Speaker 1: few good men moment where Jack Nicholson is sitting on 44 00:02:35,680 --> 00:02:38,480 Speaker 1: the bench and you're saying, you know you're right, I 45 00:02:38,480 --> 00:02:41,840 Speaker 1: did order the code read. Basically, what we have seen 46 00:02:42,680 --> 00:02:45,880 Speaker 1: just in the two or three hours so far that 47 00:02:45,960 --> 00:02:50,320 Speaker 1: he has spent on the witness stand is unbelievable, compelling, riveting, 48 00:02:51,280 --> 00:02:55,679 Speaker 1: can't look away testimony in a case that has received 49 00:02:55,760 --> 00:03:00,240 Speaker 1: a massive amount of attention, but from a defendant that 50 00:03:00,280 --> 00:03:02,920 Speaker 1: most of us have never really heard speak. And I 51 00:03:02,960 --> 00:03:08,200 Speaker 1: think that's why this is so important, Buck, because when 52 00:03:08,320 --> 00:03:12,360 Speaker 1: you hear someone tell their own story, oftentimes for the 53 00:03:12,400 --> 00:03:18,240 Speaker 1: first time, that is incredibly striking to a potential juror 54 00:03:18,560 --> 00:03:22,480 Speaker 1: who has seen the film, has seen Rittenhouse sitting at 55 00:03:22,560 --> 00:03:25,799 Speaker 1: the table as a defendant. But when he actually speaks, 56 00:03:25,960 --> 00:03:28,000 Speaker 1: I mean, most of these jurors don't even know what 57 00:03:28,040 --> 00:03:30,919 Speaker 1: his voice sounds like, They don't know what his mannerisms are, 58 00:03:31,160 --> 00:03:34,240 Speaker 1: they don't know how he responds to a prosecutor that 59 00:03:34,360 --> 00:03:38,880 Speaker 1: is going after him, and frankly appears to be increasingly unhinged. 60 00:03:38,880 --> 00:03:42,200 Speaker 1: And we just heard from a prosecutor in that last 61 00:03:42,240 --> 00:03:46,000 Speaker 1: hour call in and talk about the prosecutor tried to 62 00:03:46,040 --> 00:03:48,960 Speaker 1: make it a big deal that Kyle Rittenhouse had not 63 00:03:49,080 --> 00:03:53,760 Speaker 1: spoken to authorities until, had not told his story publicly 64 00:03:53,800 --> 00:03:56,520 Speaker 1: until he just sat down the witness stand. I always 65 00:03:56,520 --> 00:04:02,000 Speaker 1: say this as a lawyer, don't talk to police when 66 00:04:02,000 --> 00:04:06,160 Speaker 1: they question you. Lots of people think I'm gonna talk 67 00:04:06,200 --> 00:04:09,520 Speaker 1: my way out of this, and you aren't prepared for 68 00:04:09,600 --> 00:04:13,400 Speaker 1: that statement to be made, and maybe you're under an 69 00:04:13,480 --> 00:04:15,360 Speaker 1: incredible amount of darrests. And by the way, i'm talking 70 00:04:15,400 --> 00:04:18,000 Speaker 1: about people who may be charged with a crime. I'm 71 00:04:18,000 --> 00:04:20,160 Speaker 1: not saying don't talk to police if you know you 72 00:04:20,200 --> 00:04:24,159 Speaker 1: don't help from police. Yeah, But I'm saying, you know, 73 00:04:24,200 --> 00:04:27,119 Speaker 1: there's so many people who think, oh, I'm gonna talk 74 00:04:27,160 --> 00:04:29,760 Speaker 1: my way out of this, and they don't really think 75 00:04:29,839 --> 00:04:33,400 Speaker 1: through what their story is and they contradict themselves and 76 00:04:33,440 --> 00:04:36,880 Speaker 1: they're not even intentionally trying to do that, And so 77 00:04:37,240 --> 00:04:40,040 Speaker 1: you're right not to speak to police. I mean, I'm 78 00:04:40,160 --> 00:04:44,400 Speaker 1: kind of stunned that this kid was smart enough in 79 00:04:44,440 --> 00:04:47,919 Speaker 1: that scenario at seventeen years old to not make an 80 00:04:47,960 --> 00:04:51,040 Speaker 1: immediate statement and walk through everything. Because he hasn't had 81 00:04:51,040 --> 00:04:53,280 Speaker 1: the opportunity to watch the tape, he doesn't know he 82 00:04:53,279 --> 00:04:56,960 Speaker 1: would contradict potentially what the film shows. You want to 83 00:04:57,000 --> 00:04:59,200 Speaker 1: wait till all the evidence is out there, and now 84 00:04:59,240 --> 00:05:02,719 Speaker 1: he's speaking, that prosecutor buck tried to come after him 85 00:05:03,120 --> 00:05:07,640 Speaker 1: for not speaking, which is a foundational right of American jurisprudence. 86 00:05:08,000 --> 00:05:12,120 Speaker 1: And that's why the judge was so furious at the prosecutor, 87 00:05:12,120 --> 00:05:15,240 Speaker 1: because it feels in some ways as if the prosecutor 88 00:05:15,279 --> 00:05:18,440 Speaker 1: realizes the case is not going his direction and once 89 00:05:18,520 --> 00:05:22,200 Speaker 1: a mistrial so he can avoid Kyle Rittenhouse being found 90 00:05:22,279 --> 00:05:25,240 Speaker 1: not guilty by this jury. I remember when I worked 91 00:05:25,279 --> 00:05:29,200 Speaker 1: with cops at the NYPD and FBI, because there was 92 00:05:29,320 --> 00:05:32,599 Speaker 1: a fusion element there with the Joint Terrorism Task Force. 93 00:05:32,839 --> 00:05:35,960 Speaker 1: They would all tell you, if you're under arrest and 94 00:05:36,080 --> 00:05:39,000 Speaker 1: you speak, you're a fool. I mean yes, it's absolutely 95 00:05:39,200 --> 00:05:41,039 Speaker 1: doesn't matter how clever you think. It doesn't matter if 96 00:05:41,040 --> 00:05:44,320 Speaker 1: you're a lawyer yourself, Yes, you are foolish to speak 97 00:05:44,600 --> 00:05:46,719 Speaker 1: the moment they placed you under arrest, the moment you 98 00:05:46,760 --> 00:05:50,400 Speaker 1: think you're about to be arrested, you say nothing. So 99 00:05:50,440 --> 00:05:54,320 Speaker 1: for the prosecutor to try to in some way impune 100 00:05:54,520 --> 00:05:57,760 Speaker 1: the incredibility and integrity of Kyle Rittenhouse here, because this 101 00:05:57,800 --> 00:06:01,080 Speaker 1: is the first time he is actually in this way 102 00:06:01,400 --> 00:06:04,479 Speaker 1: is essentially to try to hold his constitutional right, his 103 00:06:04,520 --> 00:06:07,359 Speaker 1: Fifth Amendment right against self incrimination against him, which is 104 00:06:07,360 --> 00:06:10,880 Speaker 1: why the judge rightly in this case really I mean 105 00:06:10,920 --> 00:06:13,280 Speaker 1: lost his temper, lost lost his cool. I think, I 106 00:06:13,320 --> 00:06:15,120 Speaker 1: mean it was the right thing to do, but was 107 00:06:15,120 --> 00:06:17,680 Speaker 1: obviously very upset about it. But Clay, we look at 108 00:06:17,720 --> 00:06:20,120 Speaker 1: why was this such a big Why is this such 109 00:06:20,160 --> 00:06:22,400 Speaker 1: a big case? Mean, what are the prevailing narratives in 110 00:06:22,400 --> 00:06:24,560 Speaker 1: the background of it? Why are people paying so much 111 00:06:24,600 --> 00:06:27,400 Speaker 1: attention to it? This got all the way up to 112 00:06:27,440 --> 00:06:30,040 Speaker 1: the level of the Biden administration laying internet. This got 113 00:06:30,080 --> 00:06:33,480 Speaker 1: all the way up to a national news story where 114 00:06:33,480 --> 00:06:37,040 Speaker 1: you had the biggest lib media platforms in the country 115 00:06:37,600 --> 00:06:40,159 Speaker 1: making it seem like Kyle Rittenhouse was and these the 116 00:06:40,240 --> 00:06:43,120 Speaker 1: words that they used. We should play that clip again 117 00:06:43,160 --> 00:06:45,880 Speaker 1: because some people haven't heard that. Let's let's play the 118 00:06:45,600 --> 00:06:51,040 Speaker 1: the left wing news anchors and pundits who were all 119 00:06:51,080 --> 00:06:55,880 Speaker 1: calling Kyle Rittenhouse things like a terrorist, a school shooter. 120 00:06:56,400 --> 00:07:00,520 Speaker 1: All here you go, Kenosha shooter, Kyle Rittenhouse. He murdered 121 00:07:00,520 --> 00:07:04,200 Speaker 1: two people. By the way, Rittenhouse is basically what you 122 00:07:04,200 --> 00:07:07,320 Speaker 1: would have had in a school shooter. He's a seventeen 123 00:07:07,360 --> 00:07:09,400 Speaker 1: year old kid. He shouldn't have had a gun. He 124 00:07:09,520 --> 00:07:13,440 Speaker 1: crossed eight lines to supposedly protect property. No, he was 125 00:07:13,520 --> 00:07:17,000 Speaker 1: going out to shoot people. Kyle Rittenhouse, the seventeen year 126 00:07:17,000 --> 00:07:23,760 Speaker 1: old vigilante. Kyle Rittenhouse and vigilante. Kyle Rittenhouse, the armtendage vigilante, 127 00:07:23,840 --> 00:07:29,119 Speaker 1: a seventeen year old vigilante, arguably a domestic terrorists, picked 128 00:07:29,160 --> 00:07:31,640 Speaker 1: up a rifle, drove to a different state to shoot people. 129 00:07:31,760 --> 00:07:38,160 Speaker 1: Kyle Rittenhouse, a guy who's deeply racist, went with weapons 130 00:07:38,200 --> 00:07:41,520 Speaker 1: to a Black Lives Matter protest looking to get in trouble. 131 00:07:41,600 --> 00:07:45,960 Speaker 1: He did. He murdered a couple of people. Rittenhouse, the 132 00:07:46,040 --> 00:07:52,560 Speaker 1: seventeen year old kid just running around shooting and killing protesters. 133 00:07:53,080 --> 00:07:56,240 Speaker 1: All lies. I mean, everything they say there is a 134 00:07:56,480 --> 00:08:01,600 Speaker 1: demonstrably false statement. Everything they're saying is we talked about it. 135 00:08:01,600 --> 00:08:04,320 Speaker 1: I mean, he won't be able to sue successfully, but 136 00:08:04,360 --> 00:08:07,119 Speaker 1: it is slanderous in the sense that these are known 137 00:08:07,240 --> 00:08:10,280 Speaker 1: falsehoods that they're using to try to malign him and Clay. 138 00:08:10,320 --> 00:08:12,760 Speaker 1: It went even beyond just the usual idiots in the 139 00:08:12,800 --> 00:08:16,120 Speaker 1: media trying to turn this kid into some kind of monster. 140 00:08:17,000 --> 00:08:19,480 Speaker 1: Go fund me shut him down. Wasn't allowed to raise 141 00:08:19,560 --> 00:08:23,080 Speaker 1: money for his defense. And this is a guy who 142 00:08:23,160 --> 00:08:26,560 Speaker 1: is innocent of the charges, in my opinion, that have 143 00:08:26,640 --> 00:08:30,680 Speaker 1: been leveled against him. This is indicative, and this is 144 00:08:30,680 --> 00:08:34,560 Speaker 1: a problem in many ways. When I was in law school, 145 00:08:35,120 --> 00:08:37,880 Speaker 1: I was taught by my criminal defense attorney, and I'd 146 00:08:37,920 --> 00:08:42,439 Speaker 1: later go on to practice some criminal defense myself. The 147 00:08:42,559 --> 00:08:45,160 Speaker 1: only three things that matter in any case are the facts. 148 00:08:45,200 --> 00:08:50,000 Speaker 1: The facts and the facts, and so often what happens. 149 00:08:50,040 --> 00:08:54,120 Speaker 1: We just played you that clip. Some of the accusations murderer, 150 00:08:54,600 --> 00:09:01,599 Speaker 1: school shooter, seventeen year old, vigilante, domestic terrorist, deep fully racist, murderer. 151 00:09:02,040 --> 00:09:05,400 Speaker 1: Those are the things that were said about Kyle Rittenhouse. 152 00:09:06,120 --> 00:09:09,480 Speaker 1: So far, none of those things have been proven. Now, 153 00:09:09,520 --> 00:09:12,480 Speaker 1: if he's found guilty, he could be a murderer. But 154 00:09:12,600 --> 00:09:15,160 Speaker 1: at the time that all of these people are speaking, 155 00:09:15,920 --> 00:09:19,440 Speaker 1: that is not in any way an accurate way to 156 00:09:19,480 --> 00:09:22,120 Speaker 1: describe a defendant. Clay Can I just kind of just say, 157 00:09:22,280 --> 00:09:26,280 Speaker 1: right now, we got breaking news. The Rittenhouse team has 158 00:09:26,400 --> 00:09:30,800 Speaker 1: made a motion for mistrial. So this this now, this 159 00:09:30,840 --> 00:09:32,719 Speaker 1: whole thing we got to see what the judge is 160 00:09:32,760 --> 00:09:34,559 Speaker 1: going to do here. Let me and I'll analyze that. 161 00:09:34,600 --> 00:09:36,200 Speaker 1: Can we can we join in? Do we have him? 162 00:09:36,280 --> 00:09:38,640 Speaker 1: Let's go right to this percent at night. There have 163 00:09:38,640 --> 00:09:44,880 Speaker 1: been questions, did things like that he has decided profully 164 00:09:44,920 --> 00:09:47,720 Speaker 1: on an if as a consul in those certain circumstances, 165 00:09:47,920 --> 00:09:52,400 Speaker 1: not to give a statement and media about what happened. 166 00:09:52,600 --> 00:09:55,480 Speaker 1: But he is talking about his family life, he's talking 167 00:09:55,520 --> 00:09:58,480 Speaker 1: about his friends, he's talking about the circumstances of the case. 168 00:09:58,800 --> 00:10:02,040 Speaker 1: He's talking about to him and things like that. So 169 00:10:02,679 --> 00:10:07,680 Speaker 1: my point in asking those questions was, you have agreed 170 00:10:07,840 --> 00:10:10,560 Speaker 1: to talk to the media, you've agreed to talk about yourself, 171 00:10:10,559 --> 00:10:14,280 Speaker 1: you've agreed to give the interviews. But until now, this 172 00:10:14,360 --> 00:10:17,800 Speaker 1: is the first time you're explaining your actions. And so 173 00:10:17,840 --> 00:10:21,160 Speaker 1: I wasn't referring to his in custody statements. In fact, 174 00:10:21,440 --> 00:10:26,239 Speaker 1: I never asked either detective about what the defendant told him. 175 00:10:26,400 --> 00:10:28,800 Speaker 1: He actually starts to tell them some things, and then 176 00:10:28,840 --> 00:10:30,600 Speaker 1: he says he wants a lawyer, and they stop him, 177 00:10:30,640 --> 00:10:33,000 Speaker 1: and they marinadized him first by the right, and then 178 00:10:33,000 --> 00:10:34,520 Speaker 1: he starts to tell them some things and they says, 179 00:10:34,520 --> 00:10:36,080 Speaker 1: but I want to talk to my lawyer and they're like, Okay, 180 00:10:36,200 --> 00:10:39,200 Speaker 1: we're done, so I'm not referring to that. I didn't 181 00:10:39,200 --> 00:10:42,520 Speaker 1: ask any questions of infectives about that. But since this 182 00:10:43,240 --> 00:10:46,320 Speaker 1: the defendant has spoken to the media. He has talked 183 00:10:46,400 --> 00:10:50,960 Speaker 1: about his life, about circumstances related to this case. He 184 00:10:51,080 --> 00:10:55,680 Speaker 1: just hasn't given his exact version of events that night. 185 00:10:56,440 --> 00:11:01,240 Speaker 1: So his voluntary discussion to speak to the media has 186 00:11:01,280 --> 00:11:03,560 Speaker 1: nothing to do with the fifth AMENDMIC. That is his 187 00:11:03,600 --> 00:11:06,480 Speaker 1: own decision and if he's going to pick and choose 188 00:11:06,520 --> 00:11:09,480 Speaker 1: when he wants to talk about in those voluntary interviews 189 00:11:09,480 --> 00:11:11,960 Speaker 1: with the media. But I think that's fair game. He 190 00:11:12,040 --> 00:11:16,040 Speaker 1: doesn't applicate his pranterizer, doesn't okay the fifth ahmendmic. He's 191 00:11:16,160 --> 00:11:19,760 Speaker 1: making his own voluntary choice. Well, wait a minute. You 192 00:11:19,760 --> 00:11:24,360 Speaker 1: don't think he could give an interview about his awards 193 00:11:24,400 --> 00:11:26,760 Speaker 1: he won in high school, or his demarage that he got, 194 00:11:26,840 --> 00:11:31,320 Speaker 1: or his h and and about his sports activities and 195 00:11:31,400 --> 00:11:36,720 Speaker 1: his swimming and that, and declined to answer any questions 196 00:11:36,760 --> 00:11:39,240 Speaker 1: about the incident in question, and that somehow a waiver 197 00:11:39,360 --> 00:11:43,600 Speaker 1: of his right of silence. I think he's doing more 198 00:11:43,600 --> 00:11:46,480 Speaker 1: than that. Grannor I made these interviews I don't know. 199 00:11:46,559 --> 00:11:49,839 Speaker 1: I knew nothing about them. I never you know, I 200 00:11:50,320 --> 00:11:54,440 Speaker 1: haven't seen all Oh, I haven't seen probably one percent 201 00:11:54,440 --> 00:11:56,760 Speaker 1: of all the evidence, which is pretty typical, as you know, 202 00:11:57,120 --> 00:12:00,880 Speaker 1: so I have no way of knowing it. You have 203 00:12:00,960 --> 00:12:03,880 Speaker 1: some interview, some interviews that he give to a media 204 00:12:04,040 --> 00:12:08,800 Speaker 1: or to whatever. There's an interview that i'm computer right 205 00:12:08,800 --> 00:12:12,760 Speaker 1: now from Washington Post. All right, let's come back into 206 00:12:12,760 --> 00:12:14,400 Speaker 1: this in a moment here because right now, just you know, 207 00:12:14,679 --> 00:12:17,599 Speaker 1: this is the procedural back and forth between the prosecutor 208 00:12:18,160 --> 00:12:22,040 Speaker 1: and the judge here, but a rittenhouse team making a 209 00:12:22,080 --> 00:12:24,760 Speaker 1: motion for a mistrial, which, if granted, would bring this 210 00:12:24,800 --> 00:12:28,160 Speaker 1: whole thing two way halt in time. That. Yeah, Clay's 211 00:12:28,200 --> 00:12:30,760 Speaker 1: gonna going to get into the detail. I'll explain exactly 212 00:12:30,760 --> 00:12:33,120 Speaker 1: what they're trying to do when we come back, because 213 00:12:33,240 --> 00:12:35,800 Speaker 1: it's not just a mistrial motion. I'll explain exactly what's 214 00:12:35,840 --> 00:12:37,360 Speaker 1: going on. But you got it, take it, take us 215 00:12:37,400 --> 00:12:39,559 Speaker 1: away into the break. 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That's rough Greens dot com slash eib rough 240 00:13:48,120 --> 00:13:58,400 Speaker 1: Greens dot com slash eib Welcome back in Clay Travis 241 00:13:58,440 --> 00:14:01,439 Speaker 1: Buck Sexton Show. Appreciade all of you hanging out with us. 242 00:14:02,520 --> 00:14:06,559 Speaker 1: We are watching like many of you, listening like many 243 00:14:06,600 --> 00:14:09,800 Speaker 1: of you are too exactly what is going on. So 244 00:14:10,480 --> 00:14:15,880 Speaker 1: in this Kyle Rittenhouse case, the Rittenhouse defense has argued 245 00:14:15,960 --> 00:14:19,160 Speaker 1: and there's a discussion going on right now about whether 246 00:14:19,360 --> 00:14:23,800 Speaker 1: or not there is going to be a mistrial. This 247 00:14:23,880 --> 00:14:26,080 Speaker 1: is me putting my lawyer hat on. Buck. You can 248 00:14:26,200 --> 00:14:27,920 Speaker 1: quiz me on this a little bit if you want. 249 00:14:28,400 --> 00:14:34,320 Speaker 1: There are different types of mistrials. The Rittenhouse team of 250 00:14:34,360 --> 00:14:39,040 Speaker 1: attorneys and I am analyzing without obviously having talk to 251 00:14:39,080 --> 00:14:41,640 Speaker 1: the Rittenhouse team. I'm trying to analyze this in real 252 00:14:41,680 --> 00:14:45,160 Speaker 1: time as it's going on. Does not want a mistrial 253 00:14:45,680 --> 00:14:48,680 Speaker 1: in the context of We're going to go do this 254 00:14:48,880 --> 00:14:52,920 Speaker 1: all over again. That's oftentimes what happens in the case 255 00:14:53,080 --> 00:14:57,920 Speaker 1: of a mistrial. Something occurs that is inappropriate, improper within 256 00:14:57,960 --> 00:15:01,880 Speaker 1: the trial itself, which necessitates a new trial all over again. 257 00:15:02,240 --> 00:15:07,040 Speaker 1: That's not what they want. They want a mistrial with prejudice, 258 00:15:07,480 --> 00:15:12,720 Speaker 1: which means these charges can never be brought against Kyle Rittenhouse. Again, 259 00:15:13,240 --> 00:15:19,240 Speaker 1: which is a big step up. Effectively, it is arguing 260 00:15:19,280 --> 00:15:25,680 Speaker 1: that the prosecution's behavior is so egregious and intentional that 261 00:15:25,920 --> 00:15:30,000 Speaker 1: it they should not benefit from a mistrial because otherwise, 262 00:15:30,040 --> 00:15:31,880 Speaker 1: just kind of putting it in context, you have it. 263 00:15:32,000 --> 00:15:34,520 Speaker 1: Let's say you have a bad week. You're a lawyer. 264 00:15:34,600 --> 00:15:37,920 Speaker 1: Everybody can have a bad week at their job, and 265 00:15:38,080 --> 00:15:42,320 Speaker 1: you just get whipped by the opposing side. What we 266 00:15:42,400 --> 00:15:45,160 Speaker 1: don't want to happen then in a court proceeding is 267 00:15:45,200 --> 00:15:50,480 Speaker 1: for someone to intentionally create a mistrial and benefit from 268 00:15:50,520 --> 00:15:52,920 Speaker 1: their intentional is like in tennis, if you call a 269 00:15:53,040 --> 00:15:56,360 Speaker 1: read you when someone aces you. No, no, it's an ace. 270 00:15:56,440 --> 00:15:58,200 Speaker 1: It's not a read you just because you got aced. 271 00:15:58,240 --> 00:16:00,360 Speaker 1: And that's that's what they try to avoid. Mind standing 272 00:16:00,440 --> 00:16:02,480 Speaker 1: Clay is that even if they did have a dismissal 273 00:16:02,520 --> 00:16:07,200 Speaker 1: with prejudice or mistrial with prejudice rather, that the state 274 00:16:07,200 --> 00:16:09,920 Speaker 1: could still appeal it though, right so you could, so 275 00:16:10,560 --> 00:16:13,600 Speaker 1: even if you get the best possible outcome for the 276 00:16:13,640 --> 00:16:16,480 Speaker 1: defense here, you could still have a situation where then 277 00:16:16,480 --> 00:16:19,640 Speaker 1: the higher court steps in and says, actually you can 278 00:16:19,840 --> 00:16:22,800 Speaker 1: try this again, and then you'd be back at square 279 00:16:22,840 --> 00:16:24,720 Speaker 1: one with a new trial. If the state wanted to 280 00:16:24,720 --> 00:16:26,600 Speaker 1: bring the kid. That is true, and again I want 281 00:16:26,600 --> 00:16:29,720 Speaker 1: to make it clear, I'm licensed in the state of Tennessee. 282 00:16:29,960 --> 00:16:32,440 Speaker 1: I am licensed in the US Virgin Islands. Those are 283 00:16:32,440 --> 00:16:35,840 Speaker 1: the two places that I am licensed. So every state 284 00:16:36,320 --> 00:16:40,040 Speaker 1: law can be different as it pertains, although there's often 285 00:16:40,080 --> 00:16:44,640 Speaker 1: a model code, particularly in criminal courts, that are somewhat similar. 286 00:16:44,760 --> 00:16:46,400 Speaker 1: I want to make it clear I'm not an expert 287 00:16:46,400 --> 00:16:50,800 Speaker 1: in Wisconsin criminal procedure, right, but if the trial court 288 00:16:51,040 --> 00:16:56,200 Speaker 1: judge determines that a mistrial with prejudice should be granted, 289 00:16:56,600 --> 00:16:59,400 Speaker 1: there is a great deal of discretion given to the 290 00:16:59,520 --> 00:17:02,920 Speaker 1: trial or judge. Even on appeal, it would have to 291 00:17:03,040 --> 00:17:06,919 Speaker 1: be a substantial legal error filed to buy the TA. 292 00:17:08,280 --> 00:17:10,800 Speaker 1: They would have to. It's interesting too, because Wisconsin as 293 00:17:10,800 --> 00:17:13,760 Speaker 1: a state is and I know we all can talk 294 00:17:13,800 --> 00:17:16,040 Speaker 1: like big boys and girls here. We all know that 295 00:17:16,119 --> 00:17:19,119 Speaker 1: the justice system there are conservatives and leftists in the 296 00:17:19,200 --> 00:17:22,000 Speaker 1: justice system. And you know the judges you're gonna get at, 297 00:17:22,000 --> 00:17:24,560 Speaker 1: the prosecutors you're gonna get at, some are very conservative, 298 00:17:24,600 --> 00:17:27,320 Speaker 1: some are gonna be very liberal. So you'd be you'd 299 00:17:27,320 --> 00:17:29,359 Speaker 1: be rolling the dice. It's not like you'd be having 300 00:17:29,359 --> 00:17:31,720 Speaker 1: this in a very red state or a very blue state, 301 00:17:32,119 --> 00:17:34,159 Speaker 1: depending on what judges you'd get who would look at 302 00:17:34,160 --> 00:17:36,760 Speaker 1: this after the fact. But I mean, they're they're really 303 00:17:36,760 --> 00:17:40,520 Speaker 1: going deep right now into the possibility here of this mistrial, 304 00:17:40,520 --> 00:17:42,000 Speaker 1: which just goes to show you, I mean, if nothing 305 00:17:42,000 --> 00:17:45,000 Speaker 1: else played, I think I think it's clear prosecution is 306 00:17:45,560 --> 00:17:49,880 Speaker 1: messing this thing up. And it's because Kyle Rittenhouse isn't guilty. 307 00:17:50,160 --> 00:17:52,639 Speaker 1: That's what's happened. Well, the other thing I would add 308 00:17:52,800 --> 00:17:55,480 Speaker 1: is that it's highly unlikely that the judge is going 309 00:17:55,520 --> 00:17:58,120 Speaker 1: to make a ruling from the bench. He would probably 310 00:17:58,160 --> 00:18:01,160 Speaker 1: ask for briefings. He would probably want that to be analyzed, 311 00:18:01,200 --> 00:18:04,119 Speaker 1: and my guests, it would be like later tonight he 312 00:18:04,240 --> 00:18:07,760 Speaker 1: might ask for briefings. Just FYI, Tomorrow is Veterans Day. 313 00:18:07,800 --> 00:18:11,199 Speaker 1: Tunnel to Towers is doing something remarkable, another example of 314 00:18:11,240 --> 00:18:13,320 Speaker 1: them fulfilling their promise to all of us that they 315 00:18:13,320 --> 00:18:16,720 Speaker 1: will never forget. Nine to eleven Veterans Day is going 316 00:18:16,800 --> 00:18:19,480 Speaker 1: to lead to a special ceremony to honor the men 317 00:18:19,520 --> 00:18:21,840 Speaker 1: and women who lost their lives in the War on Terror. 318 00:18:22,119 --> 00:18:24,200 Speaker 1: Each individual is going to be remembered by their name 319 00:18:24,240 --> 00:18:26,480 Speaker 1: being called out and spoken of in a new tradition 320 00:18:26,520 --> 00:18:29,280 Speaker 1: by Tunnel to Towers like they have on nine to 321 00:18:29,280 --> 00:18:32,800 Speaker 1: eleven Tunnel to Towers recognizing our selfless soldiers who made 322 00:18:32,840 --> 00:18:36,400 Speaker 1: the ultimate sacrifice. Between Thanksgiving a New Year's Eve, they're 323 00:18:36,400 --> 00:18:40,120 Speaker 1: going to give one family after another a mortgage free home. 324 00:18:40,200 --> 00:18:43,080 Speaker 1: Families of soldiers and first responders. You can support them 325 00:18:43,080 --> 00:18:45,760 Speaker 1: as well with the Tunnel to Towers Foundation. You need 326 00:18:45,800 --> 00:18:48,800 Speaker 1: to donate eleven dollars a month. That t twot dot org. 327 00:18:49,119 --> 00:18:56,879 Speaker 1: That's t twot dot org. Welcome back. They played Travis 328 00:18:56,920 --> 00:19:01,679 Speaker 1: and Buck Sexton show. We are following very closely this 329 00:19:02,000 --> 00:19:07,400 Speaker 1: Rittenhouse trial. Kyle Rittenhouse. He is now back live on 330 00:19:07,480 --> 00:19:11,240 Speaker 1: the stand in his own defense. The nation is watching. 331 00:19:11,800 --> 00:19:15,240 Speaker 1: Let's join as he deals with this cross examination right now, 332 00:19:15,480 --> 00:19:18,840 Speaker 1: raptor on his face his T shirt So he wasn't 333 00:19:18,880 --> 00:19:23,040 Speaker 1: wearing a shirt the second time around? Correct? And you 334 00:19:23,080 --> 00:19:25,520 Speaker 1: indicated at one point you thought he had a chain 335 00:19:25,560 --> 00:19:30,320 Speaker 1: in his hand. I believe so when he made the 336 00:19:30,320 --> 00:19:33,120 Speaker 1: threat to you with the red shirt on the blue band, Dana, 337 00:19:33,119 --> 00:19:38,479 Speaker 1: I did he have the chain in his hand. I 338 00:19:38,480 --> 00:19:41,560 Speaker 1: think one of the times he did. Okay, So which 339 00:19:41,560 --> 00:19:45,200 Speaker 1: of the times wasn't I can't recall of the top 340 00:19:45,320 --> 00:19:50,280 Speaker 1: I had him. I think it was the time when 341 00:19:51,480 --> 00:19:54,879 Speaker 1: he was threatening to cut people's hearts out. And I 342 00:19:54,880 --> 00:19:56,359 Speaker 1: don't need to know the threat. I just need to 343 00:19:56,359 --> 00:19:58,360 Speaker 1: know which time it was. Was it the first time 344 00:19:58,359 --> 00:20:01,320 Speaker 1: of the second time, the second time? The second time? 345 00:20:01,720 --> 00:20:06,320 Speaker 1: What was he wearing the second time? He was masked, Well, 346 00:20:06,520 --> 00:20:09,120 Speaker 1: the shirt wrapped around his face, and he didn't have 347 00:20:09,160 --> 00:20:13,120 Speaker 1: the he didn't have a shirt on his torso. Correct. 348 00:20:13,359 --> 00:20:15,920 Speaker 1: And you could see when you didn't have a shirt 349 00:20:15,960 --> 00:20:18,960 Speaker 1: on his torso that he didn't have any gun tucked 350 00:20:19,000 --> 00:20:22,600 Speaker 1: in his waistband. Correct. I wasn't paying attention to that. 351 00:20:22,800 --> 00:20:26,920 Speaker 1: I was. I was behind jolly anfield there. I was 352 00:20:27,280 --> 00:20:30,320 Speaker 1: somewhere over there. So how far away were you from 353 00:20:30,320 --> 00:20:38,600 Speaker 1: mister Rosamam when he made the second throat? If ten 354 00:20:38,720 --> 00:20:42,040 Speaker 1: fifteen feet I'm not really certain, but you were close 355 00:20:42,160 --> 00:20:44,200 Speaker 1: enough to hear the words out of his mouth. Yes, 356 00:20:44,720 --> 00:20:47,120 Speaker 1: And you took that as a threat to you personally. 357 00:20:47,480 --> 00:20:49,760 Speaker 1: I took the first one where he said if I 358 00:20:49,840 --> 00:20:51,920 Speaker 1: catch you alone, I'm gonna kill you. I took that 359 00:20:51,960 --> 00:20:53,800 Speaker 1: as a threat to me personally. At the second time, 360 00:20:53,840 --> 00:20:56,920 Speaker 1: I took that as a threat to the group. Can 361 00:20:56,960 --> 00:21:00,680 Speaker 1: we have that photo Exhibit one thirty up on the screen, 362 00:21:00,680 --> 00:21:14,320 Speaker 1: please waiting here for evidence, Gleann or watching your pal 363 00:21:14,440 --> 00:21:18,119 Speaker 1: riddenhouse testifying in his own defense. He's on the stand 364 00:21:18,200 --> 00:21:21,520 Speaker 1: currently as we are speaking to you, being cross examined 365 00:21:21,520 --> 00:21:24,720 Speaker 1: by a very aggressive DC prossecution. Here you go, I do. 366 00:21:25,320 --> 00:21:27,119 Speaker 1: And he's in the middle of a picture wearing the 367 00:21:27,160 --> 00:21:31,000 Speaker 1: red shirt with the blue bandana, carrying the plastic bag. Correct. Yes? 368 00:21:31,800 --> 00:21:34,639 Speaker 1: Is that the way he looked when he made the 369 00:21:34,680 --> 00:21:38,040 Speaker 1: first threat to you when he said a five catcholon? Yes, 370 00:21:38,840 --> 00:21:41,680 Speaker 1: And he was carrying that plastic bag with him when 371 00:21:41,720 --> 00:21:45,320 Speaker 1: he made that threat, too? Correct? Correct? How close was 372 00:21:45,400 --> 00:21:51,200 Speaker 1: he when he made that first threat to you? Close? 373 00:21:51,240 --> 00:21:53,359 Speaker 1: I couldn't give you an exact estimate, but he was 374 00:21:53,960 --> 00:21:58,800 Speaker 1: close less than five feet, so closer than Madam port 375 00:21:58,880 --> 00:22:03,080 Speaker 1: reporter is to you now, I'd say about the same, 376 00:22:03,160 --> 00:22:05,920 Speaker 1: if not a little bit closer. And you were next 377 00:22:05,960 --> 00:22:09,919 Speaker 1: to mister Balch when that was set? Correct? Was anyone 378 00:22:09,960 --> 00:22:13,239 Speaker 1: else there besides you, mister Balch and mister Rosenbaud. I 379 00:22:13,240 --> 00:22:19,800 Speaker 1: believe there are other demonstrators around. And you've seen in 380 00:22:19,840 --> 00:22:22,879 Speaker 1: this trial that there's been a lot of video footage 381 00:22:22,960 --> 00:22:26,160 Speaker 1: of that night, correct, Yes, And you've seen in this trial. 382 00:22:26,240 --> 00:22:29,240 Speaker 1: But there's a lot of video footage of you that night, correct, Yes, 383 00:22:29,520 --> 00:22:33,280 Speaker 1: you'd agree with me that there's no video either one 384 00:22:33,320 --> 00:22:37,080 Speaker 1: of these threats. Correct. I don't know if somebody filmed 385 00:22:37,119 --> 00:22:40,440 Speaker 1: it that I'm aware of right now. You're not aware 386 00:22:40,440 --> 00:22:46,120 Speaker 1: of any, are you. I'm not so. Mister Rosenbad looked 387 00:22:46,119 --> 00:22:48,199 Speaker 1: like that at the time of the first threat, but 388 00:22:48,280 --> 00:22:50,600 Speaker 1: then looked different at the time of the second threat. 389 00:22:51,040 --> 00:22:54,760 Speaker 1: Is that right? Yes? And did you say he was 390 00:22:54,800 --> 00:22:56,840 Speaker 1: carrying the chain when he made the first threat or 391 00:22:56,880 --> 00:23:00,520 Speaker 1: the second one? The second and he was still carrying 392 00:23:00,520 --> 00:23:04,040 Speaker 1: that plastic bag the second time. Yes, That plastic bag 393 00:23:04,160 --> 00:23:06,919 Speaker 1: has a has a clear side to it that allows 394 00:23:06,920 --> 00:23:10,640 Speaker 1: you to see inside of it, right, sort. I didn't 395 00:23:10,640 --> 00:23:13,159 Speaker 1: really look into the bag, so you didn't know what 396 00:23:13,240 --> 00:23:16,679 Speaker 1: was in the bag at all. I didn't. Did he 397 00:23:16,960 --> 00:23:19,160 Speaker 1: swing the chain at you when he made the second throat? 398 00:23:19,560 --> 00:23:23,800 Speaker 1: He did not. Did he physically touch you when he 399 00:23:23,840 --> 00:23:26,439 Speaker 1: made the second throat? No, he didn't. In fact, that 400 00:23:26,680 --> 00:23:29,600 Speaker 1: entire evening, he never once touched you or your body. Diddy. 401 00:23:30,680 --> 00:23:34,359 Speaker 1: He grabbed my gun when he attacked me, and that's 402 00:23:34,359 --> 00:23:36,360 Speaker 1: why I asked the question the way I did. He 403 00:23:36,400 --> 00:23:39,840 Speaker 1: never touched your body that night. Correct. He didn't touch 404 00:23:39,920 --> 00:23:44,439 Speaker 1: me physically, Okay, And neither the first or the second 405 00:23:44,440 --> 00:23:47,800 Speaker 1: time did he run at you or charge at you 406 00:23:47,920 --> 00:23:51,080 Speaker 1: or anything like that. Diddy. He didn't chase me. He 407 00:23:51,119 --> 00:23:55,480 Speaker 1: didn't even do anything physically aggressive to your diddy. No, 408 00:23:56,040 --> 00:24:00,119 Speaker 1: he just said some words, yes, and that shame he 409 00:24:00,160 --> 00:24:02,680 Speaker 1: had in his hand. He never did anything to physically 410 00:24:02,760 --> 00:24:07,159 Speaker 1: threaten you with that chain. Correct. Yes? Is that correct? 411 00:24:07,400 --> 00:24:11,200 Speaker 1: That's correct? And other than the chain that you described, 412 00:24:11,760 --> 00:24:14,200 Speaker 1: at no point in the evening did you ever see 413 00:24:14,480 --> 00:24:18,600 Speaker 1: Joseph Rosenbaum with any other type of weapon? Correct? That 414 00:24:18,760 --> 00:24:21,480 Speaker 1: that I saw. Never saw him with a gun correct, 415 00:24:21,640 --> 00:24:23,840 Speaker 1: Never saw him with a knife correct, Never saw him 416 00:24:23,840 --> 00:24:26,560 Speaker 1: with a bat correct, Never saw him with a club. Correct. 417 00:24:32,960 --> 00:24:36,720 Speaker 1: How far apart in time were these two threats that 418 00:24:36,800 --> 00:24:48,240 Speaker 1: you say, mister Rosenbaum made to you. I want to say, 419 00:24:48,240 --> 00:24:50,960 Speaker 1: I can't give you a definite time. I wasn't like 420 00:24:51,040 --> 00:24:54,359 Speaker 1: at my clock, but I'd say within the same hour. 421 00:24:56,600 --> 00:24:59,560 Speaker 1: And both of those threats occurred while you were on 422 00:24:59,600 --> 00:25:07,280 Speaker 1: the fifth ninth Street property. The second threat happened at 423 00:25:07,280 --> 00:25:13,600 Speaker 1: the corner, and the first threat happened torch with their 424 00:25:13,640 --> 00:25:16,680 Speaker 1: Central High School Okay, could you use that laser pointer 425 00:25:16,920 --> 00:25:20,160 Speaker 1: and point out on that map where the first threat occurred. 426 00:25:20,800 --> 00:25:23,640 Speaker 1: The first threat happened right here at the in front 427 00:25:23,680 --> 00:25:26,399 Speaker 1: of the building, So you're pointing at a location that 428 00:25:26,560 --> 00:25:29,439 Speaker 1: is by the fifty ninth street car source on the 429 00:25:29,480 --> 00:25:34,080 Speaker 1: south side of that property, along the building and sharing 430 00:25:34,200 --> 00:25:36,119 Speaker 1: road on the west side of the road. Would that 431 00:25:36,160 --> 00:25:38,920 Speaker 1: be accurate? Yes? All right. So we're continuing to watch 432 00:25:38,960 --> 00:25:43,120 Speaker 1: closely here as the prosecution is now getting more into 433 00:25:43,119 --> 00:25:45,760 Speaker 1: the specifics of the self defense claims here that Kyle 434 00:25:45,840 --> 00:25:48,560 Speaker 1: Rittenhouse has made. I mean, Clay, I know this is 435 00:25:49,119 --> 00:25:52,400 Speaker 1: it's piece by piece. It's in the courtroom, so it's 436 00:25:52,440 --> 00:25:55,760 Speaker 1: not all in fifteen or thirty second sound bites. Anything 437 00:25:55,800 --> 00:25:59,680 Speaker 1: noteworthy to you based on how this is being built 438 00:25:59,720 --> 00:26:02,560 Speaker 1: here by the prosecutor. I would just say this, Buck, 439 00:26:02,960 --> 00:26:07,520 Speaker 1: you cannot understate the stress level that you are on 440 00:26:07,920 --> 00:26:11,280 Speaker 1: as you are sitting there as the witness, trying to 441 00:26:11,359 --> 00:26:16,840 Speaker 1: keep yourself from going to jail, maintaining your composure while 442 00:26:16,880 --> 00:26:21,600 Speaker 1: you are being grilled by a prosecutor. Just the mental 443 00:26:22,040 --> 00:26:25,440 Speaker 1: stress that you are under. Leave aside whatever you are 444 00:26:25,520 --> 00:26:28,040 Speaker 1: talking about in a criminal case like this where you 445 00:26:28,080 --> 00:26:31,520 Speaker 1: are facing time in prison. It will be interesting to 446 00:26:31,520 --> 00:26:35,159 Speaker 1: see how long Kyle Rittenhouse is on the stand and 447 00:26:35,320 --> 00:26:38,520 Speaker 1: how much of a grilling this prosecutor will try to 448 00:26:38,520 --> 00:26:42,040 Speaker 1: go after him on, hoping that as he is talking 449 00:26:42,119 --> 00:26:47,679 Speaker 1: he can find some small measure of inconsistency to exploit. 450 00:26:47,760 --> 00:26:50,199 Speaker 1: And for everybody out there listening to us right now, 451 00:26:50,720 --> 00:26:53,200 Speaker 1: I just I think a lot of times it's underrated 452 00:26:53,240 --> 00:26:57,359 Speaker 1: how much stress in a criminal case witnesses are under 453 00:26:57,520 --> 00:27:00,680 Speaker 1: as they are grilled. And so the time that you're 454 00:27:00,720 --> 00:27:03,120 Speaker 1: on this witness stand, this is coming out of a 455 00:27:03,240 --> 00:27:07,040 Speaker 1: lunch break. So the time that you're on there, the sweating, 456 00:27:07,359 --> 00:27:11,240 Speaker 1: the stress, your elevated heart rate, all of those things 457 00:27:11,359 --> 00:27:16,200 Speaker 1: play into your ability to accurately recall mentally what exactly 458 00:27:16,320 --> 00:27:19,679 Speaker 1: was going on and to try to forecast where this 459 00:27:19,800 --> 00:27:21,439 Speaker 1: is headed. I think people just need to keep that 460 00:27:21,520 --> 00:27:24,080 Speaker 1: in their mind, and they may not be thinking about 461 00:27:24,080 --> 00:27:27,600 Speaker 1: the mental acuity and the mental strain that somebody on 462 00:27:27,640 --> 00:27:29,719 Speaker 1: a witness stand is under, because when you listen to it, 463 00:27:29,760 --> 00:27:32,720 Speaker 1: you're like, Oh, that's just somebody answering questions. It's a 464 00:27:32,720 --> 00:27:36,520 Speaker 1: crowded courtroom, cameras are on you, You've got a jury 465 00:27:36,560 --> 00:27:39,680 Speaker 1: box sitting there watching your every move judge next to you. 466 00:27:39,960 --> 00:27:44,760 Speaker 1: It's an overwhelmingly intimidating experience for anyone, much less a 467 00:27:44,840 --> 00:27:48,320 Speaker 1: high school kid who is being grilled about whether or 468 00:27:48,359 --> 00:27:51,000 Speaker 1: not he's going to be able to return to a 469 00:27:51,040 --> 00:27:54,600 Speaker 1: normal life or go into a prison. Yeah, his next 470 00:27:54,680 --> 00:27:56,919 Speaker 1: thirty or forty years of his life perhaps could be 471 00:27:57,000 --> 00:28:01,360 Speaker 1: spent in a cell determining termined by the answers he's 472 00:28:01,400 --> 00:28:03,800 Speaker 1: giving here now. So far he seems to have a 473 00:28:03,880 --> 00:28:06,320 Speaker 1: very strong case, but as Clay points out, it is 474 00:28:06,359 --> 00:28:09,960 Speaker 1: still going on right now. This cross examination this prosecutor 475 00:28:10,280 --> 00:28:12,680 Speaker 1: really does come across to me as first of all, 476 00:28:12,680 --> 00:28:15,040 Speaker 1: being a smarmy lib that's part one, but part two 477 00:28:15,880 --> 00:28:18,600 Speaker 1: doesn't Like Kyle Rittenhouse, I think that's quite clear. And 478 00:28:18,600 --> 00:28:21,320 Speaker 1: by the way, the jury is judging the prosecutor just 479 00:28:21,400 --> 00:28:23,639 Speaker 1: like they're judging the witness, and a lot of people 480 00:28:23,720 --> 00:28:26,760 Speaker 1: forget that the way that the prosecutor is coming across, 481 00:28:26,840 --> 00:28:30,119 Speaker 1: he's on a stage just like the witness himself. And 482 00:28:30,400 --> 00:28:33,320 Speaker 1: much of remember, they're not hearing the debates over whether 483 00:28:33,400 --> 00:28:35,959 Speaker 1: or not there's a mistrial, whether or not there's inappropriate 484 00:28:36,000 --> 00:28:38,240 Speaker 1: things that have been said, but they are judging whether 485 00:28:38,280 --> 00:28:40,720 Speaker 1: they trust the prosecutor, just like they're judging whether or 486 00:28:40,760 --> 00:28:44,440 Speaker 1: not they trust Kyle. This prosecutor double masks outside alone 487 00:28:44,520 --> 00:28:46,239 Speaker 1: just because he takes the virus seriously. I can tell 488 00:28:46,280 --> 00:28:48,640 Speaker 1: you that right now, whether the stock market is up 489 00:28:48,680 --> 00:28:51,360 Speaker 1: or down, the value and price of gold remains steady 490 00:28:51,440 --> 00:28:54,400 Speaker 1: and reliable. Gold is a great source of protection for 491 00:28:54,440 --> 00:28:57,040 Speaker 1: your portfolio. It holds its value, particularly when you compare 492 00:28:57,080 --> 00:28:59,560 Speaker 1: it to the shrinking dollar. Owning gold is good fear 493 00:28:59,640 --> 00:29:02,760 Speaker 1: savings account and good for your IRA. And there's a 494 00:29:02,760 --> 00:29:05,719 Speaker 1: great satisfaction and owning gold and taking physical possession of it, 495 00:29:06,000 --> 00:29:09,120 Speaker 1: literally holding it in your hands and storing it securely 496 00:29:09,240 --> 00:29:11,880 Speaker 1: in your home. Our partners at the Oxford Gold Group 497 00:29:11,920 --> 00:29:14,040 Speaker 1: are so good at answering questions and making it easy 498 00:29:14,080 --> 00:29:16,640 Speaker 1: to understand how and why this is such a good 499 00:29:16,680 --> 00:29:19,600 Speaker 1: investment right now. So if you think buying real gold 500 00:29:19,680 --> 00:29:22,160 Speaker 1: is complicated, my friends at the Oxford Gold Group are 501 00:29:22,160 --> 00:29:24,840 Speaker 1: who you need to call. They'll explain everything to you. 502 00:29:25,040 --> 00:29:27,440 Speaker 1: Having real gold delivered to your home or having real 503 00:29:27,480 --> 00:29:29,600 Speaker 1: gold as part of your IRA, it is just a 504 00:29:29,680 --> 00:29:32,840 Speaker 1: phone call away with Oxford Gold. Call them at eight 505 00:29:32,920 --> 00:29:35,800 Speaker 1: three three four zero four Gold and learn how you 506 00:29:35,840 --> 00:29:38,080 Speaker 1: can have real gold in your IRA and delivered to 507 00:29:38,160 --> 00:29:40,720 Speaker 1: your door. That's the Oxford Gold group at eight three 508 00:29:40,840 --> 00:29:44,320 Speaker 1: three four zero four Gold eight three three four zero 509 00:29:44,360 --> 00:29:53,240 Speaker 1: four g o l D. Visitclaimbuck dot com for audio 510 00:29:53,320 --> 00:29:56,760 Speaker 1: and transcripts of your favorite segments from today or any show, 511 00:29:57,200 --> 00:30:00,360 Speaker 1: Share them and spread the word. Plus videos, articles more 512 00:30:00,640 --> 00:30:06,880 Speaker 1: clan buck dot com. Inspired by Rush play Travis Buck 513 00:30:06,920 --> 00:30:10,320 Speaker 1: Sexton Show. We are rolling through the final segment here. 514 00:30:10,360 --> 00:30:13,560 Speaker 1: Appreciate all of you hanging out with us. And much 515 00:30:13,560 --> 00:30:17,920 Speaker 1: of today's show has been focused on, frankly the riveting 516 00:30:18,440 --> 00:30:23,280 Speaker 1: the unexpected testimony of Kyle Rittenhouse in his own defense 517 00:30:23,920 --> 00:30:27,680 Speaker 1: as he is being cross examined by prosecutors and Kenosha Wisconsin. 518 00:30:28,200 --> 00:30:31,520 Speaker 1: And there has been a motion in the last hour 519 00:30:32,120 --> 00:30:37,200 Speaker 1: made by the Rittenhouse defense team to have a mistrial 520 00:30:37,280 --> 00:30:41,040 Speaker 1: declared with prejudice, which would mean these charges would never 521 00:30:41,080 --> 00:30:44,240 Speaker 1: be able to be brought against Kyle Rittenhouse. A mistrial 522 00:30:44,280 --> 00:30:48,160 Speaker 1: with prejudice is a more severe standard than simply a mistrial, 523 00:30:48,240 --> 00:30:52,360 Speaker 1: which would just require a new trial. And they were 524 00:30:52,360 --> 00:30:55,920 Speaker 1: discussing this within the last thirty minutes. And the judge 525 00:30:55,920 --> 00:31:00,080 Speaker 1: in this case is furious with the prosecutor, with the 526 00:31:00,120 --> 00:31:04,480 Speaker 1: state of Wisconsin prosecutors which are attempting to convict Kyle Rittenhouse. 527 00:31:04,760 --> 00:31:07,640 Speaker 1: I want to just play a cut for you of 528 00:31:07,680 --> 00:31:13,120 Speaker 1: the judge lacerating the prosecutor over his decision to ask 529 00:31:13,240 --> 00:31:17,640 Speaker 1: questions that he said, we're outside the bounds of his rulings. 530 00:31:17,680 --> 00:31:20,120 Speaker 1: You know, I don't get into other subjects. Get it. 531 00:31:20,360 --> 00:31:23,200 Speaker 1: Get Come on what you're telling me. You're an experienced 532 00:31:23,200 --> 00:31:25,440 Speaker 1: trial attorney, and you're telling me that when the judge 533 00:31:25,480 --> 00:31:28,800 Speaker 1: says I'm excluding this, you just to take it upon 534 00:31:28,880 --> 00:31:31,600 Speaker 1: yourself to put it in because you would think that 535 00:31:31,640 --> 00:31:34,600 Speaker 1: you've found a way around it. Come on, I don't 536 00:31:34,600 --> 00:31:38,280 Speaker 1: believe you. There better not be another incidel. I'll take 537 00:31:38,320 --> 00:31:42,200 Speaker 1: the emotional other advisement. You don't ever want the judge 538 00:31:42,240 --> 00:31:45,080 Speaker 1: saying I don't believe you on either side. I mean, 539 00:31:45,080 --> 00:31:47,560 Speaker 1: and if you have seen you just heard the anger 540 00:31:47,600 --> 00:31:52,440 Speaker 1: in his voice. I think that he wants to grant 541 00:31:52,480 --> 00:31:56,640 Speaker 1: a mistrial with prejudice in this case. But I also 542 00:31:56,760 --> 00:31:59,560 Speaker 1: think in the moment he wants to take it under 543 00:31:59,600 --> 00:32:03,080 Speaker 1: advice aament as opposed to doing it from the bench 544 00:32:03,240 --> 00:32:05,560 Speaker 1: during the course of this trial. And also he's been 545 00:32:05,560 --> 00:32:09,120 Speaker 1: sitting there for eight days. He may prefer that the 546 00:32:09,240 --> 00:32:12,800 Speaker 1: jury render their verdict and take this necessity out of 547 00:32:12,840 --> 00:32:16,000 Speaker 1: his hands by filing. By finding Kyle ritten House, you're 548 00:32:16,000 --> 00:32:18,680 Speaker 1: almost at the end, right, So to do effectively to 549 00:32:18,720 --> 00:32:23,360 Speaker 1: open the door for in any context or redo, especially 550 00:32:23,400 --> 00:32:25,400 Speaker 1: given how this seems to be going for the defendant 551 00:32:25,480 --> 00:32:29,840 Speaker 1: so far, would be pretty severe. And as we discussed, 552 00:32:29,920 --> 00:32:34,200 Speaker 1: I believe under Wisconsin law they could appeal even a 553 00:32:34,280 --> 00:32:36,800 Speaker 1: mistrial with prejudice, and so this should get back into 554 00:32:36,840 --> 00:32:41,320 Speaker 1: the system. And everybody knows the politics behind this are 555 00:32:41,680 --> 00:32:45,720 Speaker 1: enormous because the ritten House for the left represented somebody, 556 00:32:45,920 --> 00:32:50,680 Speaker 1: an armed citizen, standing up and being willing to use 557 00:32:50,760 --> 00:32:54,160 Speaker 1: force in the defense of himself and his community against 558 00:32:54,160 --> 00:32:58,720 Speaker 1: the left wing hordes that were ravaging cities all across America. 559 00:32:58,840 --> 00:33:02,960 Speaker 1: That's actually happened here, and they don't want people that 560 00:33:03,040 --> 00:33:05,560 Speaker 1: they First of all, of course, they completely reject that narrative. 561 00:33:05,720 --> 00:33:07,920 Speaker 1: They have this whole thing about Rittenhouse was a racist, 562 00:33:08,000 --> 00:33:10,880 Speaker 1: even though there's still zero evidence of any kind. That's 563 00:33:10,880 --> 00:33:13,720 Speaker 1: not away not a racist. He seems like a very 564 00:33:13,800 --> 00:33:18,200 Speaker 1: civic minded and mild mannered and nice and neighborly fellow. 565 00:33:18,240 --> 00:33:20,240 Speaker 1: I mean this notion of him as a white supremacist 566 00:33:20,400 --> 00:33:22,800 Speaker 1: or a school shoot or anything is just a kind 567 00:33:22,840 --> 00:33:27,000 Speaker 1: of hyperbolic bullcrap. You can expect on MSNBC and CNN 568 00:33:27,120 --> 00:33:30,000 Speaker 1: to tell their left wing audiences what they want to hear. So, 569 00:33:30,120 --> 00:33:33,120 Speaker 1: I mean, Clay, this is a circumstance where right now 570 00:33:33,120 --> 00:33:36,640 Speaker 1: as we're talking, he's looking at the screens in court 571 00:33:36,920 --> 00:33:39,200 Speaker 1: where they have all this footage. And from the very 572 00:33:39,240 --> 00:33:43,120 Speaker 1: beginning the video footage to me was strong enough that 573 00:33:43,440 --> 00:33:47,000 Speaker 1: I mean, I think that it was unjust for them 574 00:33:47,000 --> 00:33:51,080 Speaker 1: to even bring these charges against Rittenhouse based on the 575 00:33:51,160 --> 00:33:54,800 Speaker 1: video evidence that shows clear self defense. You can't mob 576 00:33:54,880 --> 00:33:57,680 Speaker 1: somebody who has a gun, or anybody for that matter, 577 00:33:58,200 --> 00:34:00,920 Speaker 1: and attack them and expect they're just gonna sit there 578 00:34:00,960 --> 00:34:03,000 Speaker 1: and take it. I know that that's what we're supposed 579 00:34:03,040 --> 00:34:05,920 Speaker 1: to do, and the left wing mobs, you know, clutches, 580 00:34:06,000 --> 00:34:08,120 Speaker 1: but people actually don't want to do that in this country. 581 00:34:08,560 --> 00:34:10,440 Speaker 1: We played the clip and I told our crew to 582 00:34:10,480 --> 00:34:12,840 Speaker 1: flag it because we'll wait and see what the jury 583 00:34:12,960 --> 00:34:17,399 Speaker 1: ends up ruling here. But the mainstream media labeled him 584 00:34:17,680 --> 00:34:21,759 Speaker 1: Kyle Rittenhouse a murder, a school shooter, a seventeen year 585 00:34:21,760 --> 00:34:26,719 Speaker 1: old vigilante, a domestic terrorist, a deeply racist murderer. First 586 00:34:26,719 --> 00:34:28,920 Speaker 1: of all the three people that he shot were all white. 587 00:34:29,560 --> 00:34:32,560 Speaker 1: Not that if the race of one of these perpetrators 588 00:34:32,600 --> 00:34:38,439 Speaker 1: alleged attackers had been different, that would demonstrate something different. Necessarily, 589 00:34:38,480 --> 00:34:40,919 Speaker 1: the self defense claim would still be the same white, black, 590 00:34:40,920 --> 00:34:43,440 Speaker 1: Asian or Hispanic, no matter what the race of these 591 00:34:43,480 --> 00:34:46,960 Speaker 1: individuals were. And given that he was acting as he 592 00:34:47,080 --> 00:34:49,719 Speaker 1: was being attacked, I doubt that the race of the 593 00:34:49,800 --> 00:34:53,759 Speaker 1: individuals involved factored very much into his decision making at all. 594 00:34:54,400 --> 00:34:57,279 Speaker 1: But all three of these guys that were shot on 595 00:34:57,360 --> 00:35:03,560 Speaker 1: that night were con that felons. So this again I 596 00:35:03,560 --> 00:35:06,080 Speaker 1: don't believed, by the way, just yeah one, I mean, 597 00:35:06,120 --> 00:35:08,840 Speaker 1: I'm reading their rap sheets right now. One was a 598 00:35:08,880 --> 00:35:14,719 Speaker 1: sex offender, another had been found guilty of felony, burglary, 599 00:35:15,560 --> 00:35:20,360 Speaker 1: and illegal weapons and had violated probation. These are the 600 00:35:20,400 --> 00:35:22,600 Speaker 1: people that are out there. These are the sort of 601 00:35:22,680 --> 00:35:25,760 Speaker 1: left wing Biden voters who are out there for social justice. 602 00:35:25,760 --> 00:35:28,359 Speaker 1: You're supposed to believe, you know that these are if 603 00:35:28,400 --> 00:35:31,560 Speaker 1: you watch CNN, the people who attacked, the criminals who 604 00:35:31,560 --> 00:35:35,359 Speaker 1: attacked Kyle Rittenhouse are supposedly the good guys. Yes. And 605 00:35:35,400 --> 00:35:39,120 Speaker 1: then the other individual hat was a convicted felon as well, 606 00:35:39,280 --> 00:35:43,200 Speaker 1: assault and battery, domestic abuse, false imprisonment, illegal weapons. I'm 607 00:35:43,200 --> 00:35:47,760 Speaker 1: reading from their rap sheets now that to a large extent, 608 00:35:48,719 --> 00:35:50,640 Speaker 1: is not in the same way that people said. Remember 609 00:35:50,640 --> 00:35:52,680 Speaker 1: we took calls yesterday and somebody said, oh, Mike, why 610 00:35:52,800 --> 00:35:54,480 Speaker 1: was this kid out there with a weapon in the 611 00:35:54,520 --> 00:35:59,440 Speaker 1: first place? The question is did he have a defense 612 00:36:00,080 --> 00:36:02,760 Speaker 1: and believe that he was in danger in that moment 613 00:36:02,800 --> 00:36:05,279 Speaker 1: in time. It's not why was he there, It's not 614 00:36:06,040 --> 00:36:09,600 Speaker 1: what were these guys who were chasing him, what was 615 00:36:09,640 --> 00:36:12,920 Speaker 1: their background? It is did he believe that his life 616 00:36:12,960 --> 00:36:16,200 Speaker 1: was in peril in that moment? And was he justified 617 00:36:16,200 --> 00:36:19,080 Speaker 1: in executing self defense? And based on the evidence so 618 00:36:19,160 --> 00:36:22,439 Speaker 1: far and his own testimony, I think it is very 619 00:36:22,520 --> 00:36:26,480 Speaker 1: hard to prove beyond a reasonable doubt that he did 620 00:36:26,560 --> 00:36:30,480 Speaker 1: not have elements of self defense here which would render 621 00:36:30,600 --> 00:36:33,720 Speaker 1: him not guilty of these charges. We'll come back tomorrow 622 00:36:33,719 --> 00:36:36,560 Speaker 1: with more analysis of this Kyle Rittenhouse trial and also 623 00:36:36,600 --> 00:36:38,719 Speaker 1: all the rest of the news across the country, and 624 00:36:38,760 --> 00:36:40,279 Speaker 1: I'll be in the Clan Buck Show. Be sure to 625 00:36:40,280 --> 00:36:46,000 Speaker 1: come back with us. You're listening to Clay Travis and 626 00:36:46,160 --> 00:36:48,960 Speaker 1: Buck Sexton on the EIB Network.