WEBVTT - Google, Menendez Brothers & Luigi Mangione

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<v Speaker 1>This is Bloomberg Law with June Grossel from Bloomberg Radio.

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<v Speaker 2>The resentencing hearing for the Menendez brothers was delayed again

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<v Speaker 2>last week.

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<v Speaker 1>I would ask you'd asked the DA why at the

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<v Speaker 1>last minute he doesn't hail mary filing of emotion to

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<v Speaker 1>continue and does not notify any of the.

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<v Speaker 3>Victims or the victim's lawyer. Why what is going on?

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<v Speaker 2>Whose interest is he? Vindicating The newly elected LA District

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<v Speaker 2>Attorney Nathan Hakman through a curveball. Just hours before the

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<v Speaker 2>hearing was supposed to begin, he asked for a delay,

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<v Speaker 2>arguing that the judge should first see a risk assessment

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<v Speaker 2>on the brothers done by the California Parole Board as

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<v Speaker 2>part of a separate proceeding.

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<v Speaker 4>We believed it constituted additional facts that the court should

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<v Speaker 4>consider in deciding whether or not the Menendez brothers do

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<v Speaker 4>pose a risk of danger to society.

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<v Speaker 2>Hawkman reversed corps from the prior d who said the

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<v Speaker 2>brothers had been rehabilitated while in prison and should be

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<v Speaker 2>eligible for parole as youthful offenders. But Hawkman firmly opposes

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<v Speaker 2>the resentencing.

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<v Speaker 4>In order to be truly rehabilitated, you have to acknowledge

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<v Speaker 4>the full breadth of your criminal conduct, your cover up,

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<v Speaker 4>and your lives.

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<v Speaker 2>Mark Geragos, the brother's attorney, is calling for Hawkman to

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<v Speaker 2>be thrown off the case, saying the DA is biased

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<v Speaker 2>against the brothers and not acting in good faith with

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<v Speaker 2>the other Menandez family members, including some who flew in

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<v Speaker 2>to testify at the hearing. Joining me is Attorney Dave Ahrenberg,

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<v Speaker 2>the former Palm Beach County State Attorney. A report on

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<v Speaker 2>each brother was recently conducted by a forensic psychologist as

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<v Speaker 2>part of the Parole Board's clemency investigation. Why did this

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<v Speaker 2>end up delaying the hearing that had been scheduled, Well, the.

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<v Speaker 3>Judge wants to make sure he's got all the information.

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<v Speaker 3>Because the judge actually rejected the demands of the district

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<v Speaker 3>attorney to not have the resentencing. The previous district attorney

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<v Speaker 3>wanted the resentencing. The newly elected district attorney did not

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<v Speaker 3>want the resentencing. So the judge said surprisingly that Nope,

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<v Speaker 3>no takebacks. We're going to go ahead with this resentencing,

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<v Speaker 3>and we want to make sure that we have every

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<v Speaker 3>possible document so that if the Menandaz brothers get released,

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<v Speaker 3>that the judge has some cover from outside experts. Isn't

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<v Speaker 3>just releasing these brutal murders into the public without enough

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<v Speaker 3>paperwork to justify it.

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<v Speaker 2>Is the judge entitled to hear something from a separate

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<v Speaker 2>proceeding before the parole board. There are two completely separate things,

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<v Speaker 2>aren't they right?

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<v Speaker 3>The parle board is different, but it's relevant for the judge.

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<v Speaker 3>The judge is the boss. He can decide to examine

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<v Speaker 3>whatever he wants to because this is not a jury trial.

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<v Speaker 3>This is not about the rules of evidence in keeping

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<v Speaker 3>things from the jury to make sure the defendant gets

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<v Speaker 3>a fair trial. This is about getting as much information

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<v Speaker 3>as possible so the judge can make a decision on

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<v Speaker 3>the resentence. Maybe what the judge decide, the pro Board

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<v Speaker 3>will get involved. In fact, the pro Board could get

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<v Speaker 3>involved even if the judge decides to reject a Menendez

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<v Speaker 3>brother's request to get out of jail early, because then

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<v Speaker 3>the governor, through the clemency process, could refer to the

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<v Speaker 3>pro board. So the pro Board is relevant regardless of

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<v Speaker 3>what the judge says or does.

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<v Speaker 2>The District Attorney's team filed a motion for continuance just

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<v Speaker 2>hours before the hearing. I mean, they knew this was

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<v Speaker 2>out there, Why so late to try to delay this?

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<v Speaker 3>You know, I don't know that answer. The defense lawyers

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<v Speaker 3>have been wanting to speed up this process for a

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<v Speaker 3>while because their clients sit behind bars, So I don't

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<v Speaker 3>know why they decide to delay it right now. Maybe

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<v Speaker 3>it's because they had not fully vetted this reporter. Maybe

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<v Speaker 3>the report has some damaging things in it that they

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<v Speaker 3>need to respond to, So maybe that's perhaps the answer.

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<v Speaker 2>So let's talk about this second district attorney, the newly

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<v Speaker 2>elected district attorney who says that Eric and Lylemanendez have

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<v Speaker 2>to admit that they've lied to everyone for the past

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<v Speaker 2>thirty years, and also says that the abuse they're claiming

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<v Speaker 2>doesn't amount to a self defense claim. And this sort

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<v Speaker 2>of always hits me with parole hearings where they want

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<v Speaker 2>the accused to say that they're guilty. Why is it

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<v Speaker 2>so important to him to hear them say that they lied?

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<v Speaker 3>Because they lied, So that's why he wants them to

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<v Speaker 3>mess up, because they're liars. They lied throughout the whole process.

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<v Speaker 3>They lied about the motivations. At first, they said they

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<v Speaker 3>weren't even the killers. They were going out there living

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<v Speaker 3>large until finally it got back to them. These Menenda's

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<v Speaker 3>brothers tried to cover their tracks, and that's why a

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<v Speaker 3>lot of us think that they should face the penalty

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<v Speaker 3>of the jury and the judge gave them, which is

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<v Speaker 3>life in prison. And so there on the brink of

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<v Speaker 3>getting a major break here, and so the least that

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<v Speaker 3>they could do, according to the district attorneys, at least

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<v Speaker 3>admit that you lied, at least emit and own up

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<v Speaker 3>to what you did so that you can show real

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<v Speaker 3>remorse instead of all the smokescreens have been putting up

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<v Speaker 3>for the past several decades.

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<v Speaker 2>But isn't it resentencing about whether or not they've changed

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<v Speaker 2>and rehabilitated themselves in prison.

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<v Speaker 3>Well, there's two things. The original DA who was voted

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<v Speaker 3>out of office, said that he supported the resentencing because

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<v Speaker 3>the brothers supposedly were on really good behavior and were

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<v Speaker 3>model prisoners, and that is a reason why the former

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<v Speaker 3>DA wanted them released. That's the main reason. But there's

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<v Speaker 3>another reason that will come up in the resentencing hearing,

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<v Speaker 3>in that the defense is saying that the brothers were

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<v Speaker 3>not allowed to pursue their abuse excuse, which is that

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<v Speaker 3>their father, Jose sexually abused him, and that modifies the

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<v Speaker 3>crime because they're saying that it's now manslaughter instead of murder.

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<v Speaker 3>That they were under extreme emotional stress, they were acting

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<v Speaker 3>as victims of sexual abuse and that's why they did it.

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<v Speaker 3>They were not allowed to bring up that defense at trial.

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<v Speaker 3>So there are two avenues that the defense is going.

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<v Speaker 3>Number one, that their model prisoners and deserve to be

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<v Speaker 3>released early. And number two that they were victims of

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<v Speaker 3>sexual abuse from the father and thus there should be

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<v Speaker 3>a manslaughter case and not a murder case. And if

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<v Speaker 3>it is a manslaughter conviction, then they would have been

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<v Speaker 3>out already.

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<v Speaker 2>Yeah, because in the first trial the evidence or the

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<v Speaker 2>testimony about sex abuse was allowed in and then the

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<v Speaker 2>second trial it wasn't correct.

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<v Speaker 3>And this is the second trial that convicted them. The

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<v Speaker 3>first trial led to a hung jury. Of course, in

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<v Speaker 3>boat trials they were wearing those mister rogers Wedters had

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<v Speaker 3>to try to soften them after himing such a brutal crime,

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<v Speaker 3>being such a spoiled and titled kids who lived high

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<v Speaker 3>in the hog after they murdered their parents. And keep

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<v Speaker 3>in mind, when they did what they did, the parents

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<v Speaker 3>had their backs turned to them. The parents were watching

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<v Speaker 3>TV eating ice cream on the couch while the boys

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<v Speaker 3>walked up behind them and then blew them away with shotguns.

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<v Speaker 3>And when the mother tried crawling away because she didn't die,

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<v Speaker 3>the boys went back outside to reload their shotgun to

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<v Speaker 3>come in and finish the job. And there was so

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<v Speaker 3>much blood at the scene that investigators thought it was

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<v Speaker 3>a mob hit. And the brothers lied. They lied the

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<v Speaker 3>whole time, and they lied until they could lie no more.

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<v Speaker 3>And that's why the DA's saying, all right, guys, own

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<v Speaker 3>up to what you did, own up to what you said,

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<v Speaker 3>and then you can get a break.

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<v Speaker 2>Where does it play in that Almost all except I

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<v Speaker 2>think for one of the family members are supporting their

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<v Speaker 2>bid to get out of prison.

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<v Speaker 3>Yeah, this has become a cause slept and the momentum

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<v Speaker 3>is clearly with the brothers. They've been all the movies,

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<v Speaker 3>documentaries and time does heal some wounds and so with

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<v Speaker 3>new information also about Jose's sexual abuse allegedly of the

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<v Speaker 3>minudo boy band member, and then some other evidence that

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<v Speaker 3>was not admitted in the second trial where apparently one

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<v Speaker 3>of the brothers confided in someone that he was a

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<v Speaker 3>victim of sexual abuse. That all this together has galvanized

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<v Speaker 3>the family to support the brothers, not all the family,

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<v Speaker 3>but almost all. But the DA doesn't represent the victims

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<v Speaker 3>or the families. The DA represents the people. It's the

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<v Speaker 3>state the people, and the DA has to make the

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<v Speaker 3>best decision based on principles of justice, and this DA

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<v Speaker 3>says principles of justice mean they should not get out

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<v Speaker 3>of prison now. It's not just the DA's call, it's

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<v Speaker 3>the judge's call now, and the former DA help push

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<v Speaker 3>this along. That's why the judge has a lot of power.

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<v Speaker 3>And even if the judge says no, then the governor

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<v Speaker 3>could still get involved and work with a pro board

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<v Speaker 3>to let them free.

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<v Speaker 2>The defense attorney feels that this DA is prejudiced against them,

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<v Speaker 2>and even the family members complained because during the last hearing,

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<v Speaker 2>the DA showed those gruesome photos of the murders without

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<v Speaker 2>telling them that that was going to happen, and one

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<v Speaker 2>of the ants ended up in the hospital and the

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<v Speaker 2>family said she'd been traumatized by the photos, and the

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<v Speaker 2>deputy DA apologized for not warning them, but said Eric

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<v Speaker 2>and Lyle Menendez caused that carnage, not me, which almost

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<v Speaker 2>sounds like a retraction of the apology. So it seems

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<v Speaker 2>like the La County DA has taken some missteps, and

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<v Speaker 2>so the defense attorney is asking for the DA to

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<v Speaker 2>be thrown off the case and replaced by the Attorney

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<v Speaker 2>General of the state. Is that at all likely?

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<v Speaker 3>Yeah? I don't think that should happen, And I don't

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<v Speaker 3>think the DA has crossed the line of the days

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<v Speaker 3>using the pictures of what had happened. I mean, if

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<v Speaker 3>you're going to let them free, you got to come

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<v Speaker 3>to grips with what they did and not just gloss

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<v Speaker 3>over it. It shouldn't be a one sided conversation. I mean,

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<v Speaker 3>they committed a brutal, horrific crime, and just because decades

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<v Speaker 3>have passed and now Kim Kardashian and major celebrities are

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<v Speaker 3>behind them, doesn't mean you get a whitewash what they did.

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<v Speaker 3>And so that's where the DA's like, hey, remember what

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<v Speaker 3>they did. Remember who were murdered here? I mean he's

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<v Speaker 3>giving voice to Kitty and Jose. And even if Jose

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<v Speaker 3>committed sexual abuse of the brothers, does that justify what

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<v Speaker 3>they did to Kitty. I mean, Kitty was murdered in

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<v Speaker 3>such a horrific way when she was trying to crawl

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<v Speaker 3>away to save her life. That I don't see how

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<v Speaker 3>that would be justified under manslaughter principles and not pure murder.

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<v Speaker 3>I mean, there's no credible allegation that Kitty engaged in

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<v Speaker 3>sexual abuse with the kids. Now the argument is that

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<v Speaker 3>she looked the other way, But does that justify her

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<v Speaker 3>brutal murder? So that's why I think, you know, I

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<v Speaker 3>understand why the DA one of those pictures in of

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<v Speaker 3>course they should should have given some notice, but that's

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<v Speaker 3>not enough to kick them off the case.

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<v Speaker 2>And so, and as you said, even if the judge

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<v Speaker 2>resentences them, they'll still have to go before the parole board.

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<v Speaker 3>You know, the pro board does have an involvement here,

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<v Speaker 3>and yes, they'd still be involved. And that's why it's

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<v Speaker 3>not just the judge that makes the complete decision. The

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<v Speaker 3>par board is involved. And even if the judge decides

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<v Speaker 3>to reject the request from the defense, the pro board

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<v Speaker 3>will get involved. If the governor decides to move ahead

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<v Speaker 3>with clemency.

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<v Speaker 2>Yeah, nothing stops the governor from granting clemency. And the

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<v Speaker 2>rehearing is now reschedule from May ninth. We'll see if

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<v Speaker 2>it actually takes place this time coming up next on

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<v Speaker 2>the Bloomberg Law Show. I'll continue this conversation with Dave

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<v Speaker 2>Ahrenberg on Friday. Luigia Mangioni is set to make his

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<v Speaker 2>first appearance in federal court since the Justice Department said

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<v Speaker 2>it would seek the death penalty in charging mangione murdered

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<v Speaker 2>a United Healthcare executive. I'm June Grosso. When you're listening

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<v Speaker 2>to Bloomberg. On Friday, Luigi Mangioni is set to make

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<v Speaker 2>his first appearance in federal court since the Justice Department

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<v Speaker 2>said it would seek the death penalty. The twenty six

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<v Speaker 2>year old Ivy League graduate was indicted on a federal

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<v Speaker 2>murder charge in the killing of United Healthcare CEO Brian Thompson.

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<v Speaker 2>Mangioni's indictment, returned by a federal grand jury in Manhattan,

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<v Speaker 2>includes a charge of murder through the use of a firearm,

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<v Speaker 2>which carries the possibility of the death penalty. I've been

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<v Speaker 2>talking to Dave Ahrenberg, former Palm Beach County State Attorney.

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<v Speaker 2>Why are the Feds bringing charges as well as the state.

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<v Speaker 3>The Feds have a time for here. Number One, they

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<v Speaker 3>get to show that they are tough on crime, that

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<v Speaker 3>they are reversing the Biden error policy on having a

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<v Speaker 3>moratorium on the death penalty. And number two, they get

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<v Speaker 3>to own the libs. I mean, those are two big

0:13:11.400 --> 0:13:16.800
<v Speaker 3>motivations for this administration because Luigi Mangioni support really comes

0:13:16.840 --> 0:13:21.199
<v Speaker 3>from folks on the left who hate insurance companies and

0:13:21.480 --> 0:13:25.000
<v Speaker 3>treat Luigi as a hero for what he did. And

0:13:25.120 --> 0:13:28.200
<v Speaker 3>so the Trump administration gets to burnish their tough on

0:13:28.280 --> 0:13:31.640
<v Speaker 3>crime credentials while at the same time upsetting those who

0:13:31.760 --> 0:13:36.280
<v Speaker 3>never supported them to begin with, upsetting the people who

0:13:36.720 --> 0:13:41.160
<v Speaker 3>are the most strident anti Trump advocates. And that's why

0:13:41.360 --> 0:13:43.360
<v Speaker 3>they're doing what they're doing, even though because I got

0:13:43.400 --> 0:13:45.439
<v Speaker 3>to believe they don't really believe they're going to get

0:13:45.440 --> 0:13:47.240
<v Speaker 3>the death penalty in New York. New York is a

0:13:47.320 --> 0:13:50.640
<v Speaker 3>blue state, and you have to get a unanimous jury

0:13:50.679 --> 0:13:53.400
<v Speaker 3>to impose a death penalty there, and that's going to

0:13:53.400 --> 0:13:56.760
<v Speaker 3>be really, really hard to do, especially because you've got

0:13:56.760 --> 0:14:01.320
<v Speaker 3>a young guy with no criminal record, who is good looking,

0:14:01.400 --> 0:14:05.760
<v Speaker 3>in a cause celeb and just the reality it's tough

0:14:05.760 --> 0:14:09.120
<v Speaker 3>in those kinds of cases to give someone capital punishment.

0:14:09.520 --> 0:14:12.000
<v Speaker 2>All the reasons you gave for why the federal government

0:14:12.040 --> 0:14:15.960
<v Speaker 2>is bringing these charges are political reasons, not legal reasons,

0:14:16.760 --> 0:14:18.720
<v Speaker 2>not based on a pursuit of justice.

0:14:19.240 --> 0:14:21.480
<v Speaker 3>Well, those reasons I gave are the reasons why they're

0:14:21.480 --> 0:14:24.320
<v Speaker 3>seeking the death penalty. Now, as far as reasons why

0:14:24.320 --> 0:14:27.200
<v Speaker 3>they're prosecuting the case, I would add that I do

0:14:27.280 --> 0:14:30.640
<v Speaker 3>think there is a feeling within the Trump administration that

0:14:31.520 --> 0:14:34.560
<v Speaker 3>New York prosecutors are not to be trusted because in

0:14:34.600 --> 0:14:37.880
<v Speaker 3>this case, the DA is Alvian Bragg Junior, who is

0:14:38.320 --> 0:14:41.360
<v Speaker 3>the prosecutor prosecutor Donald Trump in Manhattan.

0:14:40.840 --> 0:14:42.360
<v Speaker 2>And he got a conviction. I don't know why they

0:14:42.360 --> 0:14:43.440
<v Speaker 2>don't trust him.

0:14:43.680 --> 0:14:46.240
<v Speaker 3>Well, yeah, they don't trust him because they think he's political,

0:14:46.280 --> 0:14:48.600
<v Speaker 3>and they don't They just don't like him. So they

0:14:48.600 --> 0:14:51.680
<v Speaker 3>are using themselves as a backstop to make sure that

0:14:51.840 --> 0:14:56.040
<v Speaker 3>this case gets treated in the right way and as

0:14:56.080 --> 0:14:58.960
<v Speaker 3>harshly as they believe it should be treated. They don't

0:14:58.960 --> 0:15:02.120
<v Speaker 3>trust Alvin Bragg for the reasons I just mentioned. So

0:15:02.600 --> 0:15:04.480
<v Speaker 3>for all these reasons, yes, a lot of them are political,

0:15:04.560 --> 0:15:08.280
<v Speaker 3>but keep in mind the evidence is overwhelming against luigim MANJIONI.

0:15:08.320 --> 0:15:10.360
<v Speaker 3>Although I don't think he'll get the death penalty, I

0:15:10.400 --> 0:15:12.320
<v Speaker 3>don't think there's any doubt that he'll be convicted I mean,

0:15:12.680 --> 0:15:17.000
<v Speaker 3>he wrote a confession, they got pictures of him clearly

0:15:17.040 --> 0:15:19.240
<v Speaker 3>as the guy who did it, from the hostel to

0:15:19.280 --> 0:15:21.920
<v Speaker 3>the on the street, and it really was a cowardly

0:15:22.000 --> 0:15:24.000
<v Speaker 3>thing to do. I mean, if you have a beef

0:15:24.000 --> 0:15:26.400
<v Speaker 3>in the insurance company, you don't lie in wait, wear

0:15:26.400 --> 0:15:28.960
<v Speaker 3>a mask, shoot someone in the back and run away.

0:15:29.160 --> 0:15:30.600
<v Speaker 3>That's cowardly. He's a hero.

0:15:30.960 --> 0:15:33.400
<v Speaker 2>There's a ton of evidence. I'm not saying that. I'm

0:15:33.440 --> 0:15:37.240
<v Speaker 2>just disagreeing about the FEDS bringing charges and getting around

0:15:37.280 --> 0:15:40.640
<v Speaker 2>the double jeopardy because this doesn't look like a case

0:15:40.960 --> 0:15:42.920
<v Speaker 2>that the FED should be involved in. He's going to

0:15:42.920 --> 0:15:45.720
<v Speaker 2>be tried in New York. It's a state crime.

0:15:46.040 --> 0:15:48.680
<v Speaker 3>Yes, but there are other cases where the Feds.

0:15:48.400 --> 0:15:51.080
<v Speaker 2>Will I know, and I disagreed with those two. They're

0:15:51.120 --> 0:15:53.320
<v Speaker 2>able to get around that not being tried twice for

0:15:53.440 --> 0:15:54.200
<v Speaker 2>the same crime.

0:15:54.600 --> 0:15:57.280
<v Speaker 3>But it's a separate sovereign you know, you're allowed to

0:15:57.320 --> 0:15:59.960
<v Speaker 3>try people twice if it's not the same exact crime.

0:16:00.040 --> 0:16:02.720
<v Speaker 3>In the federal and the state are also you know,

0:16:02.760 --> 0:16:05.720
<v Speaker 3>they're separate sovereigns. So it happens. Now. One time it

0:16:05.760 --> 0:16:08.960
<v Speaker 3>didn't happen was when the state decided to prosecute Paul

0:16:08.960 --> 0:16:12.320
<v Speaker 3>Maniford after he was pardoned by Donald Trump at for

0:16:12.400 --> 0:16:14.160
<v Speaker 3>federal crimes, and the state of New York tried to

0:16:14.200 --> 0:16:16.280
<v Speaker 3>do that and the state Supreme Court said, Nope, can't

0:16:16.280 --> 0:16:18.320
<v Speaker 3>do that here. But it doesn't work quite that way

0:16:18.480 --> 0:16:19.160
<v Speaker 3>the other way around.

0:16:19.440 --> 0:16:24.720
<v Speaker 2>And Mangioni's lawyers are arguing that the Attorney General, Pam Bondi,

0:16:24.840 --> 0:16:28.360
<v Speaker 2>announcing that she was ordering prosecutors to seek the death

0:16:28.400 --> 0:16:33.560
<v Speaker 2>penalty before he was indicted was a stunt, political stunt

0:16:33.600 --> 0:16:36.320
<v Speaker 2>that corrupted the grand jury process and derived him of

0:16:36.360 --> 0:16:38.440
<v Speaker 2>his constitutional right to do process.

0:16:39.360 --> 0:16:41.840
<v Speaker 3>I disagree. It may have been a political stunt, but

0:16:41.880 --> 0:16:44.840
<v Speaker 3>it doesn't deprive him of his right to do process.

0:16:45.080 --> 0:16:47.240
<v Speaker 3>It didn't taint the grand jury. I mean, the grand

0:16:47.320 --> 0:16:50.360
<v Speaker 3>jury did what they did. They focus on the evidence

0:16:50.480 --> 0:16:53.560
<v Speaker 3>and the law, and there's plenty of evidence to indict

0:16:53.600 --> 0:16:56.720
<v Speaker 3>him for first degree murder at the state level and

0:16:56.800 --> 0:16:59.080
<v Speaker 3>for the federal charges as well. So I don't think

0:16:59.080 --> 0:17:02.040
<v Speaker 3>it handed the jury have been political stunt. But you know,

0:17:02.160 --> 0:17:03.520
<v Speaker 3>these are the types of things that happen, you know,

0:17:03.680 --> 0:17:05.760
<v Speaker 3>you know what else is the political stunt? When Eric

0:17:05.800 --> 0:17:12.000
<v Speaker 3>Adams walked with the armed team surrounding Luigim Mangoni on

0:17:12.040 --> 0:17:13.800
<v Speaker 3>the way to court, Like, what was that about. I mean,

0:17:13.800 --> 0:17:15.680
<v Speaker 3>this case is politicized from the beginning.

0:17:16.480 --> 0:17:18.719
<v Speaker 2>That was a political stunt, there is no doubt about it.

0:17:18.720 --> 0:17:22.240
<v Speaker 2>I mean the response to that was why is he

0:17:22.560 --> 0:17:26.639
<v Speaker 2>escorting him? Everybody wanted a piece of Luigi Mangoni's fame

0:17:27.240 --> 0:17:27.840
<v Speaker 2>or infamy.

0:17:28.560 --> 0:17:31.639
<v Speaker 3>That was awful. Politicians shouldn't be the mess around the

0:17:31.640 --> 0:17:34.760
<v Speaker 3>criminal justice system because and only jeopardizes cases when you

0:17:34.840 --> 0:17:37.359
<v Speaker 3>do that. But even that, I thought that was over

0:17:37.400 --> 0:17:39.639
<v Speaker 3>the top, that Eric Adams shouldn't have been walking with

0:17:40.440 --> 0:17:44.440
<v Speaker 3>the armed law enforcement officers who are escorting luigim Angoni.

0:17:44.440 --> 0:17:46.359
<v Speaker 3>But even that, I don't think the prize them all

0:17:46.440 --> 0:17:47.639
<v Speaker 3>right to a fair trial. I mean, this is the

0:17:47.680 --> 0:17:50.119
<v Speaker 3>case that everyone's going to hear about, everyone's going to know,

0:17:50.320 --> 0:17:52.000
<v Speaker 3>people are going to draw their own opinions, and you

0:17:52.080 --> 0:17:54.560
<v Speaker 3>just have to find a jury that will set aside

0:17:55.160 --> 0:17:57.240
<v Speaker 3>what they know and any buas they have and just

0:17:57.280 --> 0:17:59.119
<v Speaker 3>follow the evidence of the law. And I've seen that

0:17:59.160 --> 0:18:01.919
<v Speaker 3>happen in every high profile case, and I've been involved

0:18:01.920 --> 0:18:03.600
<v Speaker 3>with a few of them, and you can always find

0:18:03.600 --> 0:18:05.440
<v Speaker 3>a jury. I mean, they found a jury for Donald Trump.

0:18:05.520 --> 0:18:08.480
<v Speaker 3>Everyone knew about him and everyone had opinions about him.

0:18:08.480 --> 0:18:11.920
<v Speaker 3>But yet they found an unbiased jury in Manhattan that

0:18:11.960 --> 0:18:13.480
<v Speaker 3>listened to the evidence and followed the law.

0:18:14.240 --> 0:18:16.200
<v Speaker 2>In New York, though, it seems like the case has

0:18:16.200 --> 0:18:20.399
<v Speaker 2>been overcharged with the first degree murder charges that have

0:18:20.520 --> 0:18:24.800
<v Speaker 2>to be in furtherance of an act of terrorism, which

0:18:25.320 --> 0:18:28.280
<v Speaker 2>the legal definition of his intent to intimidate or coerce

0:18:28.320 --> 0:18:31.760
<v Speaker 2>the civilian population or a government unit, And that doesn't

0:18:31.800 --> 0:18:33.439
<v Speaker 2>seem to be the case here. First of all, was

0:18:33.480 --> 0:18:36.000
<v Speaker 2>in the early morning hours when there was no one around.

0:18:37.080 --> 0:18:39.400
<v Speaker 3>I agree with you, I think the case is overcharged

0:18:39.440 --> 0:18:41.160
<v Speaker 3>in New York. New York is a weird system where

0:18:41.200 --> 0:18:43.440
<v Speaker 3>it's not first degree murder unless it has some sort

0:18:43.440 --> 0:18:46.879
<v Speaker 3>of enhance or like some sort of extra like terrorism.

0:18:47.320 --> 0:18:51.280
<v Speaker 3>So that's why Alvin Bragg got that indictment about terrorism,

0:18:51.320 --> 0:18:54.080
<v Speaker 3>even though really isn't an act of terrorism. I don't think,

0:18:54.119 --> 0:18:56.480
<v Speaker 3>I mean, was he trying to intimidate the public. His

0:18:56.560 --> 0:19:00.000
<v Speaker 3>writings said that he was trying to avoid any public cash,

0:19:00.600 --> 0:19:02.879
<v Speaker 3>any innocence. He was trying to avoid that, and he

0:19:02.960 --> 0:19:06.199
<v Speaker 3>focused entirely on this one individual. And you see by

0:19:06.200 --> 0:19:08.600
<v Speaker 3>the public support behind him, it's not exactly he was

0:19:08.600 --> 0:19:10.720
<v Speaker 3>trying to terrorize people. If anything, he was trying to

0:19:10.720 --> 0:19:14.639
<v Speaker 3>galvanize them behind him and his cause to fight against

0:19:14.680 --> 0:19:17.000
<v Speaker 3>the insurance company. So I think that's like a square

0:19:17.000 --> 0:19:18.440
<v Speaker 3>peg in a round hole. I think it's gonna be

0:19:18.520 --> 0:19:20.800
<v Speaker 3>hard for them to get that enhancer. And that is

0:19:21.200 --> 0:19:23.760
<v Speaker 3>another reason why the FEDS have come in. I think

0:19:24.160 --> 0:19:26.719
<v Speaker 3>fed saw that saw that they really don't have a

0:19:26.760 --> 0:19:29.400
<v Speaker 3>true first or murder statue that applies here in New York.

0:19:29.480 --> 0:19:31.960
<v Speaker 3>So let's come in with our own, and not only

0:19:32.359 --> 0:19:34.640
<v Speaker 3>will we ensure he gets life in prison, we'll even

0:19:34.760 --> 0:19:37.320
<v Speaker 3>seek the death penalty, which again not going to happen,

0:19:37.520 --> 0:19:40.760
<v Speaker 3>but I do think they'll ensure that he never spends

0:19:41.000 --> 0:19:43.439
<v Speaker 3>a day outside the prison for the rest of his life.

0:19:43.560 --> 0:19:46.760
<v Speaker 2>Let's turn down to the case against p Diddy. Opening

0:19:46.800 --> 0:19:50.159
<v Speaker 2>statements in the trial are set for May twelfth. What

0:19:50.240 --> 0:19:54.399
<v Speaker 2>are the charges against him? Because the prosecution has updated

0:19:54.440 --> 0:19:57.240
<v Speaker 2>the indictment three times.

0:19:57.240 --> 0:20:02.040
<v Speaker 3>In the Didty case, the he did superseding indictments, which

0:20:02.600 --> 0:20:06.480
<v Speaker 3>was expected. What they've done is they've added parties to it,

0:20:06.560 --> 0:20:10.600
<v Speaker 3>new victims, They've added more detail to it. There's more

0:20:10.720 --> 0:20:14.320
<v Speaker 3>counts now, so you know that's what happens in these

0:20:14.359 --> 0:20:17.480
<v Speaker 3>types of cases. When more information comes forward, and did

0:20:17.520 --> 0:20:20.400
<v Speaker 3>he wanted a postponement saying there's all these new victims

0:20:20.400 --> 0:20:22.760
<v Speaker 3>now to like two more victims, we need more time

0:20:22.800 --> 0:20:26.120
<v Speaker 3>to prepare. But those victims were mentioned in the first

0:20:26.119 --> 0:20:29.640
<v Speaker 3>superseding indictment back into January, and so they've got plenty

0:20:29.680 --> 0:20:31.360
<v Speaker 3>of time to prepare for trial. The trial is going

0:20:31.400 --> 0:20:33.760
<v Speaker 3>in the beginning of May, and so they had had

0:20:33.880 --> 0:20:37.520
<v Speaker 3>enough time. Plus even if these individuals were not mentioned

0:20:37.640 --> 0:20:41.080
<v Speaker 3>until January. Did he knew what was going on? He

0:20:41.160 --> 0:20:43.439
<v Speaker 3>knew what he did, and so it's not like any

0:20:43.480 --> 0:20:45.159
<v Speaker 3>of this stuff is a big surprise for him. His

0:20:45.200 --> 0:20:47.560
<v Speaker 3>attorneys may not have known exactly what the charges would

0:20:47.560 --> 0:20:50.760
<v Speaker 3>it be, but they knew with plenty of time for

0:20:50.800 --> 0:20:51.439
<v Speaker 3>the May trial.

0:20:52.119 --> 0:20:55.520
<v Speaker 2>I was surprised that he didn't get bail. I mean,

0:20:55.600 --> 0:20:58.800
<v Speaker 2>they could have had electronic monitoring of him so he

0:20:58.840 --> 0:21:02.240
<v Speaker 2>wouldn't escape the country. Why do you think they didn't

0:21:02.240 --> 0:21:03.520
<v Speaker 2>give him any bail at all?

0:21:04.000 --> 0:21:07.399
<v Speaker 3>Because he's a rich guy who has tried to tamper

0:21:07.440 --> 0:21:11.400
<v Speaker 3>with witnesses. So you've got tampering with witnesses, and you've

0:21:11.440 --> 0:21:16.040
<v Speaker 3>got person with means who lives in Miami right on

0:21:16.119 --> 0:21:18.679
<v Speaker 3>the water, easy to send a boat, just get out

0:21:18.720 --> 0:21:21.560
<v Speaker 3>of dodge. So I think it was the right move

0:21:22.080 --> 0:21:23.960
<v Speaker 3>to keep behind bars. You want to do justice for

0:21:24.040 --> 0:21:26.640
<v Speaker 3>the victims here, and there's no justice. So he's able

0:21:26.680 --> 0:21:29.480
<v Speaker 3>to leave to a country that has no extradition policy.

0:21:29.720 --> 0:21:32.479
<v Speaker 2>Have they indicated yet what the defense will be.

0:21:32.920 --> 0:21:37.800
<v Speaker 3>His defense is going to be consent for the victims

0:21:37.840 --> 0:21:40.239
<v Speaker 3>of the human trafficking. He's going to say that these

0:21:40.280 --> 0:21:43.120
<v Speaker 3>parties are these are all adults, these are not miners,

0:21:43.160 --> 0:21:46.760
<v Speaker 3>So consent is a defense, and these were people who

0:21:46.840 --> 0:21:50.399
<v Speaker 3>engage in these, you know, these acts and it's a

0:21:50.400 --> 0:21:54.240
<v Speaker 3>money play that afterwards that he is being sued by

0:21:54.280 --> 0:21:58.120
<v Speaker 3>some and all these allegations going around. So it's really

0:21:58.119 --> 0:22:00.000
<v Speaker 3>going to be consent is the main defense here.

0:22:00.440 --> 0:22:04.720
<v Speaker 2>You think he will take the stand. Any chance interesting

0:22:05.040 --> 0:22:05.840
<v Speaker 2>always a chance.

0:22:05.880 --> 0:22:08.160
<v Speaker 3>But whenever you have a big celebrity, you know, who

0:22:08.240 --> 0:22:12.280
<v Speaker 3>make a living off the support of the public, where

0:22:12.320 --> 0:22:14.919
<v Speaker 3>you have to convince them that you are someone who

0:22:15.040 --> 0:22:18.320
<v Speaker 3>is likable and talented, and I think that they're more

0:22:18.359 --> 0:22:20.240
<v Speaker 3>inclined to take the stand. Now, I bet he and

0:22:20.280 --> 0:22:22.399
<v Speaker 3>this guy's a big ego, he'll want to take the stand.

0:22:22.760 --> 0:22:24.600
<v Speaker 3>His lawyers may say, no, no, no, you do that

0:22:24.680 --> 0:22:26.879
<v Speaker 3>and they're going to bring in all this other stuff

0:22:26.880 --> 0:22:30.000
<v Speaker 3>that they otherwise can't bring in. So I say, it'll

0:22:30.040 --> 0:22:32.800
<v Speaker 3>depend how it's going. Depends how it's going. If it

0:22:32.800 --> 0:22:35.280
<v Speaker 3>looks like it's going badly, then that's the hill Mary pass.

0:22:35.359 --> 0:22:37.880
<v Speaker 3>Then he'll take the stand. If it looks like the

0:22:37.920 --> 0:22:41.639
<v Speaker 3>prosecution has not proved its case, then he is sitting

0:22:41.680 --> 0:22:43.280
<v Speaker 3>there with a zipper over his mouth.

0:22:43.720 --> 0:22:46.920
<v Speaker 2>I'm trying to remember the last time he was tried

0:22:46.960 --> 0:22:49.920
<v Speaker 2>in New York, years and years and years ago. I

0:22:49.920 --> 0:22:53.040
<v Speaker 2>think was on the gun charge. Johnny cochrane was his

0:22:53.119 --> 0:22:56.520
<v Speaker 2>defense lawyer. That's how long ago that was. So several

0:22:56.720 --> 0:23:01.440
<v Speaker 2>big cases happening in the Manhattan courts. Once again, thanks

0:23:01.440 --> 0:23:04.639
<v Speaker 2>so much, Dave. It's always a pleasure. That's Day Ehrenberg,

0:23:04.840 --> 0:23:08.880
<v Speaker 2>former Palm Beach County State Attorney. In less than a year,

0:23:09.080 --> 0:23:13.040
<v Speaker 2>two judges have found that Google is a monopolist, and

0:23:13.119 --> 0:23:17.359
<v Speaker 2>now Google is facing the ultimate threat that Microsoft faced

0:23:17.400 --> 0:23:20.680
<v Speaker 2>more than twenty five years ago, as the government tries

0:23:20.760 --> 0:23:24.040
<v Speaker 2>to break up the tech giant. A hearing kicked off

0:23:24.080 --> 0:23:28.160
<v Speaker 2>today in Washington, d C. To decide the remedy after

0:23:28.200 --> 0:23:32.680
<v Speaker 2>a federal judge's decision last August that Google's search engine

0:23:32.720 --> 0:23:35.800
<v Speaker 2>is a monopoly. This comes just days after a federal

0:23:35.920 --> 0:23:39.440
<v Speaker 2>judge in Maryland ruled in a separate case that Google

0:23:39.520 --> 0:23:44.720
<v Speaker 2>illegally monopolized the market for online advertising technology. Joining me

0:23:44.800 --> 0:23:49.960
<v Speaker 2>is Justin Teresi, Bloomberg Intelligence antitrust analyst. Justin can you

0:23:50.040 --> 0:23:54.040
<v Speaker 2>explain that one hundred and fourteen page decision by Judge Brinkman.

0:23:54.600 --> 0:23:56.640
<v Speaker 1>So, I think this is one of those cases where

0:23:56.640 --> 0:23:59.520
<v Speaker 1>the facts of the matter are actually far more complicated

0:23:59.520 --> 0:24:03.000
<v Speaker 1>than the law underpinning it, right, So I'll do my

0:24:03.040 --> 0:24:05.679
<v Speaker 1>best to break it down for you. That's right, So Google,

0:24:06.040 --> 0:24:08.720
<v Speaker 1>And this is important too. The case is really limited

0:24:08.800 --> 0:24:11.960
<v Speaker 1>to something called open web display advertising. And what I

0:24:12.000 --> 0:24:13.960
<v Speaker 1>mean by that is when you go to a desktop

0:24:14.080 --> 0:24:16.919
<v Speaker 1>version of a website, think about those little rectangular or

0:24:16.960 --> 0:24:19.360
<v Speaker 1>square ads that you see on the web page itself.

0:24:19.400 --> 0:24:22.800
<v Speaker 1>So think like local newspapers or you know, something like that,

0:24:22.840 --> 0:24:24.560
<v Speaker 1>where you go to the website and you see those ads.

0:24:24.800 --> 0:24:27.200
<v Speaker 1>What's not in the market here really important, I think

0:24:27.200 --> 0:24:29.840
<v Speaker 1>to the remedies phase is that we're not talking about

0:24:29.840 --> 0:24:32.280
<v Speaker 1>mobile ads, the mobile versions of a website. We're not

0:24:32.320 --> 0:24:34.320
<v Speaker 1>talking about the ads you might see in an app.

0:24:34.480 --> 0:24:36.159
<v Speaker 1>We're not talking about the ads you might see in

0:24:36.200 --> 0:24:39.639
<v Speaker 1>connected TV platforms where you might see something streaming. So

0:24:39.680 --> 0:24:41.200
<v Speaker 1>that's kind of the nuts and bolts of what we're

0:24:41.240 --> 0:24:44.480
<v Speaker 1>looking at the three different markets. Google has a business

0:24:44.480 --> 0:24:47.560
<v Speaker 1>on both the buy sides, so folks looking at place advertisements.

0:24:47.560 --> 0:24:50.199
<v Speaker 1>The sell side, so the folks with websites looking to

0:24:50.200 --> 0:24:52.560
<v Speaker 1>sell that space. Then there's that ad exchange in the

0:24:52.640 --> 0:24:54.640
<v Speaker 1>middle that kind of match us up the right consumer

0:24:54.760 --> 0:24:56.720
<v Speaker 1>with the right website to see the right ad at

0:24:56.720 --> 0:24:59.440
<v Speaker 1>the right time. So that's kind of the three different

0:24:59.480 --> 0:25:02.400
<v Speaker 1>markets to your point. That's right, that the buy side,

0:25:02.440 --> 0:25:05.480
<v Speaker 1>the folks looking at place advertisements that fell out of

0:25:05.520 --> 0:25:08.280
<v Speaker 1>the liability funding with the judge fund that that particular

0:25:08.359 --> 0:25:11.320
<v Speaker 1>side of the market really had a very active competitive

0:25:11.320 --> 0:25:12.560
<v Speaker 1>marketplace existing in it.

0:25:12.880 --> 0:25:15.440
<v Speaker 2>And so why did she find that the other two

0:25:15.880 --> 0:25:17.080
<v Speaker 2>were monopolized?

0:25:17.240 --> 0:25:19.920
<v Speaker 1>Sure, so on the cell side with the publishers who

0:25:20.160 --> 0:25:22.479
<v Speaker 1>are looking to have folks buy ad space on their site,

0:25:22.560 --> 0:25:25.760
<v Speaker 1>Google has over a ninety percent market share on that side, right,

0:25:25.800 --> 0:25:27.879
<v Speaker 1>So not too difficult to see why. You know, a

0:25:28.080 --> 0:25:32.119
<v Speaker 1>monopolization claim might have an easy time with some success there,

0:25:32.440 --> 0:25:34.600
<v Speaker 1>but really when it comes down to it, you know

0:25:34.880 --> 0:25:37.520
<v Speaker 1>that side was kind of tied to this AD exchange

0:25:37.560 --> 0:25:40.280
<v Speaker 1>in the middle in an illegal way. And the reason

0:25:40.359 --> 0:25:43.440
<v Speaker 1>why is that Google had all this real time demand

0:25:43.480 --> 0:25:45.920
<v Speaker 1>that it was serving through this ad exchange in the middle,

0:25:45.960 --> 0:25:48.080
<v Speaker 1>and in order to get access to that real time

0:25:48.160 --> 0:25:51.199
<v Speaker 1>demand to make the best business decisions you could, the

0:25:51.240 --> 0:25:54.600
<v Speaker 1>publishers for their websites had to use that Google cell

0:25:54.680 --> 0:25:57.520
<v Speaker 1>side platform in order to access that demand in the middle.

0:25:57.600 --> 0:26:00.960
<v Speaker 1>So that's really the tying that perpetrated the There was a.

0:26:00.880 --> 0:26:04.600
<v Speaker 2>Lot of emphasis on double click and ad meld, and

0:26:05.040 --> 0:26:08.760
<v Speaker 2>she found that those acquisitions were not anti competitive, right.

0:26:09.040 --> 0:26:11.800
<v Speaker 1>So you're right, she didn't find that those acquisitions were

0:26:11.800 --> 0:26:13.880
<v Speaker 1>anti competitive. It was more a question of what they

0:26:13.920 --> 0:26:16.320
<v Speaker 1>did with those companies once they bought them, right, So

0:26:16.640 --> 0:26:19.119
<v Speaker 1>they were able to kind of institute these policies that

0:26:19.200 --> 0:26:21.880
<v Speaker 1>again tied those two different things together, the AD server,

0:26:22.240 --> 0:26:25.520
<v Speaker 1>which was the Double Click for Publishers and the AD exchange,

0:26:25.560 --> 0:26:27.920
<v Speaker 1>and those policies they put in place that would ended

0:26:27.960 --> 0:26:30.280
<v Speaker 1>up being the issue. So what they would say is, hey,

0:26:30.359 --> 0:26:33.920
<v Speaker 1>you know, folks using our double Click for Publishers platform,

0:26:34.200 --> 0:26:36.159
<v Speaker 1>you know our AD exchange, they're going to get a

0:26:36.200 --> 0:26:38.440
<v Speaker 1>first look at the bids that are out there. From

0:26:38.480 --> 0:26:40.440
<v Speaker 1>our competitors. So kind of like think of it this way,

0:26:40.560 --> 0:26:42.800
<v Speaker 1>A write a first refusal in many ways, you know,

0:26:42.920 --> 0:26:45.919
<v Speaker 1>against other advertising exchanges. And then also they had a

0:26:45.960 --> 0:26:48.640
<v Speaker 1>policy for a while called last look. So think about

0:26:48.680 --> 0:26:50.840
<v Speaker 1>an auction at Seaby's or something, right, And the judge

0:26:50.840 --> 0:26:53.480
<v Speaker 1>actually loved this analogy and so I'm kind of ripping

0:26:53.520 --> 0:26:56.040
<v Speaker 1>her off with it. But you know, imagine everybody else

0:26:56.040 --> 0:26:58.439
<v Speaker 1>puts their bid in an envelope and you're also a bidder.

0:26:58.560 --> 0:27:01.120
<v Speaker 1>You see everybody else's big, and then you decide, hey,

0:27:01.119 --> 0:27:02.879
<v Speaker 1>I'm going to beat everybody else because I know what

0:27:02.920 --> 0:27:05.040
<v Speaker 1>they are. And that's the kind of policies that Google

0:27:05.040 --> 0:27:07.000
<v Speaker 1>had in place that were found to be the problem.

0:27:07.200 --> 0:27:10.520
<v Speaker 2>Google says it's going to appeal big surprise. It was

0:27:10.560 --> 0:27:13.240
<v Speaker 2>a big surprise or no surprises. So what are the

0:27:13.320 --> 0:27:15.359
<v Speaker 2>possible remedies in this case?

0:27:15.440 --> 0:27:17.359
<v Speaker 1>So I think a lot of folks are talking about

0:27:17.400 --> 0:27:20.480
<v Speaker 1>a potential divestiture for the publisher, ad server the cell

0:27:20.560 --> 0:27:22.560
<v Speaker 1>side here, But I have to tell you I kind

0:27:22.560 --> 0:27:24.240
<v Speaker 1>of don't think we're going to see that. And the

0:27:24.280 --> 0:27:26.840
<v Speaker 1>reason why is that, you know, well, it's certainly on

0:27:26.880 --> 0:27:28.640
<v Speaker 1>the table and more here than in the search case.

0:27:28.720 --> 0:27:30.919
<v Speaker 1>I think, you know, this tying of the two products

0:27:30.960 --> 0:27:33.679
<v Speaker 1>together that really seemed to be the issue. And at

0:27:33.720 --> 0:27:37.200
<v Speaker 1>the trial itself there was testimony from rival publisher ad

0:27:37.200 --> 0:27:39.359
<v Speaker 1>servers and from publishers who didn't want to be on

0:27:39.400 --> 0:27:42.399
<v Speaker 1>that product anymore, and when asked what was the issue,

0:27:42.440 --> 0:27:45.200
<v Speaker 1>they said, time and time again, we need that real

0:27:45.280 --> 0:27:47.840
<v Speaker 1>time and demand from the ad exchange. And it seems

0:27:47.880 --> 0:27:49.919
<v Speaker 1>to me that if you were to stip that tie

0:27:50.000 --> 0:27:52.760
<v Speaker 1>and stop the policies from perpetrating the way they are,

0:27:53.000 --> 0:27:55.879
<v Speaker 1>that probably goes a long way to resolve the anti

0:27:55.880 --> 0:27:59.080
<v Speaker 1>competitive findings of the court itself. Again, to your point,

0:27:59.280 --> 0:28:02.360
<v Speaker 1>the acquisition weren't found to be anti competitive. The problem

0:28:02.400 --> 0:28:05.160
<v Speaker 1>is how they behaved with those acquisitions once they were made.

0:28:05.640 --> 0:28:09.879
<v Speaker 2>And starting today there's a hearing on remedies in the

0:28:09.920 --> 0:28:14.280
<v Speaker 2>other antitrust case against Google, which was decided last August,

0:28:14.680 --> 0:28:17.080
<v Speaker 2>involving search tell us about that.

0:28:17.760 --> 0:28:20.199
<v Speaker 1>You know, I think similar to what we're seeing in

0:28:20.240 --> 0:28:22.800
<v Speaker 1>the ad tech case. So there has been a finding

0:28:22.920 --> 0:28:25.320
<v Speaker 1>by the court in the search related case that Google

0:28:25.359 --> 0:28:28.919
<v Speaker 1>has maintained its monopoly, and again the distinction being that,

0:28:29.000 --> 0:28:31.280
<v Speaker 1>you know, the court didn't find that Google bought its

0:28:31.320 --> 0:28:33.600
<v Speaker 1>way into that monopoly in search. But the court is

0:28:33.640 --> 0:28:36.639
<v Speaker 1>again saying, is that you know, you developed search in

0:28:36.800 --> 0:28:39.680
<v Speaker 1>your own homegrown way. The court credited Google a lot

0:28:39.720 --> 0:28:42.440
<v Speaker 1>with their own kind of effort to make itself the

0:28:42.440 --> 0:28:45.160
<v Speaker 1>search monopoly it is, versus buying it from someone else.

0:28:45.640 --> 0:28:49.320
<v Speaker 1>But what they've done is they've entered these exclusivity agreements

0:28:49.320 --> 0:28:52.520
<v Speaker 1>with folks like Apple, so that Google search mechanism would

0:28:52.560 --> 0:28:56.160
<v Speaker 1>be that underlying platform. Whenever you use Safari or Siri,

0:28:56.600 --> 0:29:00.000
<v Speaker 1>it's running its search is over Google's search product, right,

0:29:00.120 --> 0:29:03.479
<v Speaker 1>So and so doing Google's retained that kind of trained

0:29:03.600 --> 0:29:06.480
<v Speaker 1>knowledge and its search engine and its competitors allegedly, well,

0:29:06.680 --> 0:29:08.960
<v Speaker 1>I suppose found by the court can't really get to

0:29:09.000 --> 0:29:11.880
<v Speaker 1>scale because it's not having that learning through its algorithms

0:29:11.920 --> 0:29:13.280
<v Speaker 1>the way that Google search is.

0:29:13.640 --> 0:29:15.959
<v Speaker 2>The last time the government tried to break up a

0:29:15.960 --> 0:29:19.240
<v Speaker 2>company like this was more than twenty five years ago

0:29:19.400 --> 0:29:23.320
<v Speaker 2>with Microsoft. What exactly is the government proposing here?

0:29:23.920 --> 0:29:25.680
<v Speaker 1>The way we're looking at this, I think is in

0:29:25.680 --> 0:29:27.880
<v Speaker 1>many ways it's kind of like an opening salve vote

0:29:28.120 --> 0:29:29.160
<v Speaker 1>in a negotiation.

0:29:29.360 --> 0:29:29.600
<v Speaker 4>Right.

0:29:29.640 --> 0:29:31.880
<v Speaker 1>And when I say that, what I mean is, you

0:29:31.920 --> 0:29:33.920
<v Speaker 1>know the government's kind of coming in here asking for

0:29:33.960 --> 0:29:36.240
<v Speaker 1>a divestiture of Chrome, which I don't think goes a

0:29:36.240 --> 0:29:39.160
<v Speaker 1>long way to solve the actual competitive harms found by

0:29:39.200 --> 0:29:41.880
<v Speaker 1>the court, the agreements of the problem, and the government

0:29:41.920 --> 0:29:44.480
<v Speaker 1>also for a time at least was looking for Google

0:29:44.520 --> 0:29:47.600
<v Speaker 1>to divest its investments in the AI space. Kind of

0:29:47.720 --> 0:29:51.000
<v Speaker 1>argument that that contributes to the problems here with search

0:29:51.040 --> 0:29:53.720
<v Speaker 1>as well. But realistically, you know, I think when we

0:29:53.720 --> 0:29:55.760
<v Speaker 1>step back for a moment and look at the problem again,

0:29:55.880 --> 0:29:58.920
<v Speaker 1>it was these exclusivity agreements. Perhaps what Google, you know,

0:29:59.000 --> 0:30:01.880
<v Speaker 1>would be forced to as a remedy is share some

0:30:02.000 --> 0:30:04.600
<v Speaker 1>of its data profiles or share some of its learning

0:30:04.600 --> 0:30:07.680
<v Speaker 1>tools with competitors they could get to scale. Perhaps you

0:30:07.760 --> 0:30:11.520
<v Speaker 1>see efforts to allow a choice screen on a phone,

0:30:11.640 --> 0:30:13.760
<v Speaker 1>which is being done in Europe now. Right, So when

0:30:13.800 --> 0:30:16.560
<v Speaker 1>you go to do a search, you don't automatically end

0:30:16.640 --> 0:30:19.040
<v Speaker 1>up with Google Chrome, but there are other search engines

0:30:19.040 --> 0:30:21.480
<v Speaker 1>that you can choose, and you know, perhaps that lends

0:30:21.520 --> 0:30:23.720
<v Speaker 1>a little bit more of a push to competitors.

0:30:24.440 --> 0:30:28.000
<v Speaker 2>I mean, Google is a verb. What's left of Googling

0:30:28.120 --> 0:30:30.680
<v Speaker 2>or Google if they have to divest.

0:30:30.360 --> 0:30:32.520
<v Speaker 1>That, it is absolutely a verb, and I think in

0:30:32.560 --> 0:30:35.720
<v Speaker 1>many different spaces to your point, so Chrome, Chrome is

0:30:35.760 --> 0:30:38.120
<v Speaker 1>the browser, right, So that is, I suppose the tool

0:30:38.160 --> 0:30:40.720
<v Speaker 1>to access the search engine itself. So we're not talking

0:30:40.760 --> 0:30:43.520
<v Speaker 1>about Google devesting its search engine. We're talking about that

0:30:43.600 --> 0:30:46.560
<v Speaker 1>browsing tool that gets you to the search engine. Right,

0:30:46.640 --> 0:30:49.240
<v Speaker 1>So you could still go to Google dot com, for example,

0:30:49.280 --> 0:30:52.440
<v Speaker 1>on Microsoft Edge or through your Safari browser if it's

0:30:52.480 --> 0:30:55.520
<v Speaker 1>not automatically pointed at Google, and you can access Google

0:30:55.560 --> 0:30:57.560
<v Speaker 1>Search that way. And I have to say, June, this

0:30:57.640 --> 0:31:00.560
<v Speaker 1>is really interesting too. You know, at the trial itself,

0:31:00.600 --> 0:31:03.960
<v Speaker 1>there was expert testimony about all these preset kind of defaults,

0:31:04.000 --> 0:31:06.360
<v Speaker 1>and the reality is you're right, any consumer can use

0:31:06.400 --> 0:31:09.080
<v Speaker 1>a different browser or go to a different search engine.

0:31:09.080 --> 0:31:12.360
<v Speaker 1>That's true, But the court seems swayed by an expert

0:31:12.400 --> 0:31:15.320
<v Speaker 1>at trial who testify folks are a little bit lazy.

0:31:15.360 --> 0:31:17.000
<v Speaker 1>They don't want to They're not going to go to

0:31:17.040 --> 0:31:19.360
<v Speaker 1>a different search engine if it's actually offered up to

0:31:19.400 --> 0:31:21.040
<v Speaker 1>if one's right there in their face for them to

0:31:21.080 --> 0:31:21.360
<v Speaker 1>go to.

0:31:21.920 --> 0:31:26.720
<v Speaker 2>Some of Google's partners, like Apple, probably won't be too

0:31:26.720 --> 0:31:28.960
<v Speaker 2>happy with some of these suggested remedies.

0:31:29.320 --> 0:31:31.280
<v Speaker 1>Right from a lot of the way things look. Apple

0:31:31.320 --> 0:31:33.120
<v Speaker 1>has a lot to lose right now in terms of

0:31:33.160 --> 0:31:35.800
<v Speaker 1>the search case, in the sense that Google's actually paying

0:31:35.840 --> 0:31:38.400
<v Speaker 1>Apple about twenty billion dollars a year to have these

0:31:38.440 --> 0:31:42.080
<v Speaker 1>default kind of presets for Google search engine, audits devices,

0:31:42.080 --> 0:31:46.280
<v Speaker 1>and you know, behind Safari, behind Siri, and Mozilla also,

0:31:46.320 --> 0:31:49.320
<v Speaker 1>which operates Firefox, receives about four hundred five hundred million

0:31:49.360 --> 0:31:52.760
<v Speaker 1>dollars a year for the same regarding its browsers. For

0:31:52.880 --> 0:31:55.640
<v Speaker 1>a big company like Apple, that definitely hurts. But Mozilla,

0:31:55.720 --> 0:31:58.560
<v Speaker 1>a really small company, a four hundred five hundred million

0:31:58.640 --> 0:32:01.000
<v Speaker 1>dollar payment per year could really means survival of the

0:32:01.040 --> 0:32:03.160
<v Speaker 1>company itself. So there are a lot of actors involved,

0:32:03.280 --> 0:32:05.280
<v Speaker 1>and a lot that could play out for companies outside

0:32:05.320 --> 0:32:06.000
<v Speaker 1>of just Google.

0:32:06.600 --> 0:32:09.440
<v Speaker 2>So you think that this might be a prelude, sort

0:32:09.440 --> 0:32:11.960
<v Speaker 2>of like Microsoft settled, a prelude to a settlement.

0:32:12.280 --> 0:32:14.360
<v Speaker 1>It could be. You know, with Search, I think things

0:32:14.360 --> 0:32:16.120
<v Speaker 1>are pretty far along, but I think you know, in

0:32:16.200 --> 0:32:18.640
<v Speaker 1>terms of a settlement coming together, You're right, anything could

0:32:18.720 --> 0:32:21.000
<v Speaker 1>happen while we're waiting for a remedy to be handed

0:32:21.000 --> 0:32:22.800
<v Speaker 1>out on the Search case. Same thing with the ad

0:32:22.800 --> 0:32:25.480
<v Speaker 1>Tech case, where we're working on remedies there. The government

0:32:25.640 --> 0:32:27.800
<v Speaker 1>certainly can settle claims at any time it wants to

0:32:27.960 --> 0:32:30.440
<v Speaker 1>during that phase or even up through an appellet process,

0:32:30.480 --> 0:32:32.400
<v Speaker 1>which is what happened in Microsoft, right, We were well

0:32:32.440 --> 0:32:35.680
<v Speaker 1>into an appeals process before a settlement happened there. So

0:32:36.120 --> 0:32:37.680
<v Speaker 1>you know, the court will find what it's fine, the

0:32:37.680 --> 0:32:40.200
<v Speaker 1>appeals court will say what it says. But at the

0:32:40.280 --> 0:32:41.960
<v Speaker 1>end of the day, there's a lot of time here

0:32:42.040 --> 0:32:43.880
<v Speaker 1>left and a lot of runway left for the government

0:32:43.880 --> 0:32:45.920
<v Speaker 1>to settle claims if they want to have the actual

0:32:46.000 --> 0:32:46.920
<v Speaker 1>ultimate say here.

0:32:47.960 --> 0:32:50.800
<v Speaker 2>And the Google case is different from the medic case

0:32:50.920 --> 0:32:55.960
<v Speaker 2>because Google actually developed what's at stake here, while Meta

0:32:56.600 --> 0:32:57.680
<v Speaker 2>bought the competition.

0:32:58.120 --> 0:33:00.200
<v Speaker 1>To your point, I think that's a lot of what

0:33:00.240 --> 0:33:02.720
<v Speaker 1>the court was saying in both of these findings too,

0:33:02.840 --> 0:33:05.280
<v Speaker 1>is that there has been given some degree of credit

0:33:05.280 --> 0:33:08.520
<v Speaker 1>to Google for actually developing all of this, know how

0:33:08.600 --> 0:33:11.320
<v Speaker 1>on their own. They haven't just run out and acquired

0:33:11.360 --> 0:33:14.240
<v Speaker 1>a lot of these subsidiaries that are issue here. So

0:33:15.000 --> 0:33:17.600
<v Speaker 1>your points well taken. I'll tell you myself personally, I

0:33:17.640 --> 0:33:19.760
<v Speaker 1>love Google Search too. I don't know that I trust

0:33:19.880 --> 0:33:20.640
<v Speaker 1>everything else.

0:33:20.880 --> 0:33:22.920
<v Speaker 2>Now, the final step is going to be well not

0:33:23.000 --> 0:33:27.120
<v Speaker 2>the final step because there's President Trump possibly intervening, but

0:33:27.160 --> 0:33:29.040
<v Speaker 2>these are all going to go to the Supreme Court.

0:33:29.200 --> 0:33:31.720
<v Speaker 1>There's a high likelihood and not even just because we're

0:33:31.720 --> 0:33:34.200
<v Speaker 1>talking about a large defendant like Google. I think we're

0:33:34.200 --> 0:33:36.800
<v Speaker 1>talking about areas of antitrust law that really haven't been

0:33:36.840 --> 0:33:39.360
<v Speaker 1>tested for a very long time here, right, and there

0:33:39.400 --> 0:33:41.800
<v Speaker 1>are a lot of them with both of these cases.

0:33:42.080 --> 0:33:45.080
<v Speaker 1>The ad Tech case specifically, we're talking about refusals to deal.

0:33:45.120 --> 0:33:47.640
<v Speaker 1>On how far that goes. I think Google still will

0:33:47.680 --> 0:33:49.800
<v Speaker 1>fight that fight, even though they lost the trial court

0:33:50.040 --> 0:33:53.080
<v Speaker 1>on appeal. We're talking about two sided transaction markets, all

0:33:53.120 --> 0:33:55.960
<v Speaker 1>of these these kind of corners and you know, nitty

0:33:55.960 --> 0:33:58.560
<v Speaker 1>gritty of edit trust law where there's a lot of disagreement.

0:33:58.880 --> 0:34:01.840
<v Speaker 1>Folks love to have a lot of theoretical conversations about them,

0:34:01.880 --> 0:34:04.120
<v Speaker 1>but when it comes to black letter law, we're kind

0:34:04.120 --> 0:34:06.320
<v Speaker 1>of starving for it in some ways. From the court.

0:34:06.480 --> 0:34:09.600
<v Speaker 2>I mean, we're talking about if there's no settlement years

0:34:09.880 --> 0:34:12.600
<v Speaker 2>and years before this is finalized.

0:34:12.960 --> 0:34:15.000
<v Speaker 1>I think that's accurate. I think we're looking at a

0:34:15.120 --> 0:34:17.520
<v Speaker 1>one to two window for just an appellate review of

0:34:17.560 --> 0:34:20.400
<v Speaker 1>some kind, even in the Search case. But yes, I

0:34:20.440 --> 0:34:22.279
<v Speaker 1>think we're looking at a long time down the road here.

0:34:22.360 --> 0:34:25.640
<v Speaker 1>Google showed no signs of kind of going away quietly either.

0:34:25.880 --> 0:34:28.759
<v Speaker 2>I don't think anyone expects Google to go away quietly.

0:34:29.239 --> 0:34:34.640
<v Speaker 2>Thanks so much, Justin. That's Bloomberg Intelligence antitrust analyst Justin Terteresi.

0:34:35.600 --> 0:34:37.960
<v Speaker 2>And that's it for this edition of The Bloomberg Law Show.

0:34:38.280 --> 0:34:40.640
<v Speaker 2>Remember you can always get the latest legal news on

0:34:40.680 --> 0:34:44.960
<v Speaker 2>our Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify,

0:34:45.120 --> 0:34:50.160
<v Speaker 2>and at www dot bloomberg dot com, slash podcast Slash Law,

0:34:50.560 --> 0:34:53.160
<v Speaker 2>and remember to tune into The Bloomberg Law Show every

0:34:53.200 --> 0:34:57.120
<v Speaker 2>weeknight at ten pm Wall Street Time. I'm June Grosso

0:34:57.239 --> 0:34:58.840
<v Speaker 2>and you're listening to Bloomberg