RD 171 - The Weinstein Case Unravels

Automatic TRANSCRIPT

Hey, it's Adam Corolla this county night from lady gang urged evolves. From the Steve Joe, this is Heather Dubrow from Heather rose world, this rob Riggle and Ferte on from wriggles picks. This is Kaitlyn bristowe from off the vine on podcast one. This Veterans Day. I'd like to give a special thanks to all those who've served in the armed forces for the baby the Brig air force coast guard and the reserves because of your bravery we can live without fear because of your valour we can soar into the bright future because of your sacrifice. We don't have to sacrifice the liberty that we hold so dear we could not do it without you. Thank you again for your service and all of us have podcast one. Hope you enjoy a safe holiday weekend. This is Corolla digital. This is a reasonable doubt with your hosts, Mark Garriga's and Adam Cole. Yeah. Get it on got to get it on a treadmill mandate get on and welcome to reasonable doubt amount of crawl as Mark guests over there, by the way. Best our best hour in the universe. You know, when the best hour of the universe is best is when I'm here in the studio. I get to see you. I get to watch you finish ACS. I get the hug Gina. Always always good. Always good the Allthough. Her Tupperware was empty today. Do you notice that? Yeah. I can say you for. Part of ood. Yeah. She's got fun Tupperware. I am. Yes. And and then you'll we were just talking about if I'm going to be here this week. And I was saying one of the highlights of as I father that you can get I was telling you that by the time this drops. I will have just finished the second time that I will present to a bar association with my daughter, and it doesn't get much better than that than Tenny. And I will be in or were in New Orleans as of yesterday when you hear this presenting to the federal bar association. I love I love it. I love a proud dad. This show by the way, brought to you by legalzoom dot com. Promo code doubt. Theraworx relief dot com, truecar dot com. And you can also download Pluto TV on all your favorite devices. I what's going on in the news. What's going on legally out there? Well, as we are taping. This we call tape is a tape. I guess so digitally recording. Yeah. I think that's what you that's more accurate. Like, I've learned what a terabyte is in discovery when they told me I need external hard drive for his covering now. I have to act like I know what that is. Oh terabyte. Okay. Then I saw some ad on TV was the phone. It's a terabyte which you'll never need. So you need it. So what's going on legally today? Interestingly in this is Monday when we're talking about this. They filed by friend, Ben Bronfman. Speaking of Tenny were tiny works filed a motion to dismiss all of the Weinstein case, all all. And it was filed publicly, and I have not talked to Ben about it. But I did skim through it. And it's fascinating absolutely fascinating New York as differentiated from California in California. If I'm going to indict somebody, and I'm a prosecutor, we have a doctrine in California. It's based on a case called people versus Johnson, which is predicated by the way on the constitution that you have a right. And that the grand jury should know about any exculpatory evidence evidence that appears to show that you're not guilty. That's what we call Brady material New York, apparently does not have that same mandate or legal principle that is that. It's codified in their case law, the Johnson principal in fact, Ben, and I have talked about it in the past when we represented Michael Jackson. We delivered to the grand jury back in the early two thousands binders to give to the grand jury that showed all of the sculptor Tori evidence about Michael Jackson. They don't have that same concept in New York. And so he files a motion to dismiss and it's fascinating because the woman on the charges. I think were counts four five and six if I remember when I was reading had alleged that Weinstein had raped her and that he is should forcibly or early copulated her. And as it turns out there were four years worth of emails between this woman and Harvey if that were never presented to the grand jury and the four years of emails are astonishing. I mean, you have to read and this'll be online. So you can look at it. Online. And if you want it's one hundred pages, but these emails are a relationship like, you would not believe I mean over a period of years, you know, the DA's responses to that to that mind, you this is a woman who promptly told her friend that Harvey had said, as you know, the fact you had done the best routines. One of your best comedic routines. I've ever seen show me your, dick. I I've never been able to. I've I've it's more of an indictment of all actors and they skill of acting. When someone goes would you like to engage in this behavior, in fact, engage in this endeavor, and you go? Yeah. All right. Well, this blow that fat guy can go ahead. And I it's it's I the joke was basically shuffle your deck. It doesn't. Well. It's like saying would you like to fly commercial aircraft? Yes. I would. Okay. Just blow that guy. Go ahead and do it. Would you like to drive a forklift would you like to be a board certified physician diction medicine specialists? Yeah. Suck off that guy. It saying that the you can't have as much respect for the craft is you formerly, Dan. If all you have to do is blow a guy, and then you can do it you pick the job firemen attorney dentist pediatrician orthodontists. Like keep going. Caper? I'd like to keep that guy. Go ahead. And do it. When do I start? It's an indictment of how shitty acting is. And how easy it is. Somebody tweeted at us that they thought you broke. And it does every time. I think about it. I just start crying from laughter. I just so apparently the nub of this arrangement was that. She says that Harvey said this or that and that she was forced to blow and the friend says that no what she said at the time was if you Harvey was very upfront. You wanna part in the movie VO me, and she blew him and went outside and told her friend that then when the friend gets interviewed by the cop the cop apparently says. Something to the effect of less is more. And there's a New Yorker interview by Ronan Farrow, and God only knows what's going to happen when they subpoena those notes and. Because as you're looking at all of this all of this is contained in the motion. And so the motion is basically, look if you've got you haven't presented a full picture of the grand jury. And now, you're indicting the guy and now you're claiming there's a cast of thousands who were get it cast of thousands germs. Okay. That was your show me. Your Dicker blow me is a better mind. Mine I have to just do kind of subtle dry with Monty python puns, which aren't that? Funny. It's, but if they're if you're going to do that how patiently unfair is it to indict somebody when when you haven't presented the full picture to the grand jury. So the full picture is somebody's saying this was a rape or this was a sexual assault. And if somebody said to any churry, hey, this woman was sexually assaulted by this man, and you had years of emails correspondence back and forth. I don't know what they say. But I imagine what are you doing tonight? Or can you come by luck to or did you see this just kibitzing that that completely changes the complexion of sexual assault, which doesn't mean that it didn't happen? But it does change in the eyes of the jury the. Relationship. Exactly and mind, you the DA's response apparently because this was mentioned, and I don't remember reading this. But it was mentioned in the body of the motion filed that the DA's response was well nowhere in those emails. It's not sculpture Tori because nowhere in the males. Did he deny the rape to which Brockman wrote? Wait a second. You mean he's supposed to deny a rape the never happened and -ticipant that five years later somebody's going to accuse him of something that didn't happen rhyme. What are you talking about? There was nothing in there. That said apparently the that I could see it skimming through it. That said, oh, why did you do that to me? And he was somehow silent in the face of the accusation was quite the opposite. So what we're talking about before with Weinstein was all right? This is one case. And now it sort of seems like it is the pendulum swung the other direction. And he. He might not be prosecuted for one case. But then I was asking you about how that affected cases in Los Angeles and beyond and you're telling me, it has implications because of the cop and the cop that was thirty cop or the cop is there and the cop is running around the world, which literally apparently according to this motion he was going overseas. If he's coming down, if he's interviewing all of the people, and I can understand why he would I'm from the standpoint of the prosecution, you wanna be able to show like Cosby, did you want to bring in somebody else to say, there's these other acts the other acts, even though I've always insisted that other acts evidences, nothing, but character assassination, the the law has developed such that you can bring this in if it's a signature of the motives operan die or if it goes to identity or something like that. So would you send the cop out to investigate surely would? But if it turns out your. Op is tainted then that would seem to taint all the other investigations. Then you've got other stuff where you may have one lawyer. I think in particular, there's one lawyer in New York who represents I don't know six seven eight nine of the purported accusers. If that one lawyer is out there, and I vividly remember when the prosecution dismissed the counts that are still not pending in New York. She was out there giving a press conference saying something the effect of well how why are they dismissing? There's there's a lot of people who've made the accusation as if you know, we'll lose we'll lose money on each transaction. What we'll make it up in volume that I think is something. And I think I've mentioned this before that's something that could get in front of the jury. I remember remember the case, I told you that we tried about one years get in front of the jury get in front of the jury that you've got one lawyer who is Ginny up eight or nine different. Cases against him. Right. Literally could get in front of the jury and somebody will say, well, how would that be? I remember in the case on Hollywood Boulevard where there was the transgender who had stabbed my client. Then my client had run down the street, and they claimed it was an assault because it was a hate crime now. And as it turns out that on Santa Monica Santa Monica, I think in front of this in front of the Shakey's. Yeah. I think that's a little more trans I'm in deep with the community. I was gonna say you have a very good connection to the self identifying gender, and that Shakey's down there is you can go get your Mo-jo on and with the train. On the one on Santa Monica. And that was for those of you don't understand Adam just did he went deep on that? Because Mojo potatoes on the buffet at Shakey's did. It did not a lot of people. I wanna make sure I'm highlighting when you have a quick wit. I appreciate it. So that was one where the prosecution actually did what's called emotion and eliminate a four zero two to prevent me from telling the jury in that case that Gloria Allred was the lawyer for the accuser for the transgender accuser. And I said judge that's great. You can rule. However you want but glorious still going to sachet in here in her suit, and I'm gonna turn around and look at her just like all the jurors are, and they're going to know instantly that the lawyers in there and sure enough. That's exactly what happened judge ordered me. Not to say anything about Gloria Allred because that would poison the jury do you love that here in LA that mentioning glorious? They would poison the jury that was the prosecution's motion to keep me to shut me up as they say the gag order. Well, I'm I want you to hit legalzoom. But I know why don't I know if we? Guay on a lot has got so much to get into. Okay. 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The evil billable hour since Lucas zoom is not a law firm, right? Gary. Visit legalzoom dot com now and take care of your business before the year winds down and for special savings, be sure to enter code Adam in the referral box at checkout. That's code atom for special savings only at legalzoom dot com. Legalzoom dot com. So I have I have I have a question. I'll tease it's uniquely Mark arrogance. It's not a law question. But it's a very Mark question that I it's of a per not of a personal nature. But it's something that I've always known about or felt, but I don't have any proof. And I'm very curious what your take is on this. And then we'll get back to. Show quick question. All right million question. I've not seen Harvey Weinstein out and about in months now in as the he'd be out to dinner, and they take pictures and gave him on TMZ, and blah, blah, blah, blah, blah, Tupper all those remember Zona. We. Constantly out eating dinner, and they were bothering him. Bob. First things first is part of this deal. When you're representing a guy like Weinstein, do you start by saying, you just go into hotel, and you order room service, and you don't set foot outside like, I don't want to hear your name Messini pictures. I don't want any anything. I certainly don't wanna kerfuffle with Yona TMZ cameraman, but I just don't even want. I don't even want to hear your name for five months. I think a lot of times the clients themselves get into this head space where they just they they don't want to deal with the story. I mean, I remember when he was in Arizona. And I I mean, if you're better if you're Blair or somebody, you're probably, you know, every day there's a different story because there's a different property. I think clients get into that space where they don't wanna talk. They don't want to be the story. They'd rather have more control over because I think whether it's him whether it's other clients that I've represented there is. A certain aspect of it just wears you down. And when you're in a criminal case, it's different than say. I don't know what Pete Davidson, for instance, right now, he appears you know, there's a lot of chatter about him. And he appears and I don't think it's, you know, it's not all negative, although there's always negative negatively on the internet. But when you're accused criminally there is an aspect where you just want to show where I'd like to just put the client attorney advise. Yeah. That client if the client will ask usually and the attorney will generally say, no, I don't want you talking. I don't want you to famously. I remember there Harland Braun was the original lawyer on Robert Blake Robert Blake gave an interview to Barbara Walters. I think in the county jail Harlan fired him then mezro represented him at the pre limb. And then I think. Blake fired mezro and then. Schwarzenbach represented him at trial. And by the way, interestingly talks about you know, you never know the experts don't always though, I think that when they played the interview of Robert Blake that had been taped. And he had lost his lawyer over lost Harland over I think that helped to acquit him because he didn't have to take the stand. He was able to tell his story to Barbara. But famously I'll give you the opposite of that Diane Sawyer interviewing Scott Peterson. That was cringe-worthy when you watched it, and they played that at the trial that general, but the general rule of thumb for you as an attorney to the client, zip zip. It absolute question, that's very Mark arrogance and very. I mar Mark you'll be one of the you're one of these guys. There's a commercial back in the seventies. When they'd say, how many licks does it take to get to the center of a Tootsie roll Tootsie pop and nobody knew and they said, let's ask mister owl. He's wise, and he knows everything. And that's the way I feel about Mark. I have these ideas, and I go I need to ask more doll to spike. You take a moan? Second. I thought you were going to be Timex. It takes looking, but now on taking I have had things appraised like real estate specifically real estate and every time I get it appraised. It's usually because some loan and the Bank and the, blah, blah, blah, and it always comes in thirty percent low. Right. And it drives me nuts every time. And then I realized what's going on. I have this property for the sake of argument. It's worth a million dollars. And I've had like commercial real estate guys. Tell me it's worth a million dollars. And then they go all right in order to get the Bank where they're going to get their prices are gonna come in. And they're going to appraise on looking up, and then they come back, and they go it's worth six twenty five, and I go it's worth a million dollars. And then I realized they're in cahoots. Get the goddamn appraisers first off. How did this? This guy give a number give you the number. Whether it's a rain or sports car or warehouse appraise it for the number and then banks you decide what percentage to lend based on that number. But do not deflate the number. I had I did it. My like Hollywood house wants the guy came in. This is years ago. That house is probably worth one five and the guy came in at like nine hundred. And I said he's way off the Mark. And the answer was. Yeah. It doesn't work this area. Yeah. I just I find someone who works just air held on. I'm to give you the back. I'm gonna give you the backstory style that's developed because there is a Baxter. I knew you. It is the backtra work because I was thinking right now, I have a little bit of a leg or foot cramp, how painful they can be. They can jolt you out of the sound sleep. You know, I get that casually. Apparently, I read something yesterday that has to do with alcohol consumption. 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Back in the gogo days of, you know, the before the great recession the in having lived down the street from what's his name countrywide? Yeah. The big lender who kind of took a big fall back in the glory days. The appraisers would appraise at you know, off the charts, and they would appraise off the charts because the lenders wanted to loan a ton of money because they were taking the money. They were loaning they were taking those mortgages, they were bundling them and selling them as derivative. So they wanted to loan as much as quickly as possible. No, doc loans. No, just whatever it was ninety five percent. Some cases one hundred percent, then you've got the great recession and all the sudden there's all kinds of banking changes in banking regular regulations and the appraisers start to get sued the appraisers get sued for over appraising not have a justification. And when a loss guests, you know, they start tapping the insurance, and blah, blah, blah. There's certain jobs, there's certain jobs like attorney. For networks. Yeah. Where you going to the turn each office, and you go we want to put this on the air, and they go there's jobs where there's absolutely absolutely nothing in it for you to say, yes. And you get to keep your job if you say, no. And there's never it's not most jobs are like if you just say, no or you just go low eventually doesn't work for you. But there's an attorney to network that goes on. I wouldn't do it. I'm not gonna let you do it. And it's no different than a prosecutor prosecutor. Do you do the right thing and dismissed the case, if you've got doubts or do you just say, let a jury decide right, right? So do you do I give you a deal? Now. Why do I want to read about it on the LA times? If you screw up the day after I dismiss your case, just go to trial. So there's those jobs, and it's the easy way out. And so the appraisers. Will get burned or could potentially get burned if they went higher right than the actual value of a property, right? And then the they make the loan the loan goes bad and nothing could ever happen. If they were thirty percent lower. Now if they go thirty percent low it's a built in. I mean, it's almost like, I don't even need malpractice insurance. I'm going to praise the thing, and then I'm going to dock thirty or forty percent off. And I know I'm never going to get sued. Nobody's going to me for being too low because the lie in the face of the actual definition of the goddamn word appraisal because we're bringing experts in to tell me what this is wurley. You've just shaved off several hundred thousand dollars because you're chicken shit and the Bank hires you and the Bank understand the relationship. The Bank gets with these people, which is sort of you rub. My back. Rub yours you wash my back. You go. Well, we'll they say, except I will tell you. And I just literally did this within the last forty five days. I some guy appraised the property that I was refined and it came in low, and I just pushed back I went through marked up all of the praise all wrong wrong wrong. And I wrote a letter on the opposite and said this is wrong. This is wrong. This is wrong. You used the wrong cops you used this Jeff is wrong. And and and push back and got the guy to revamp. So you have to spend some time as is spent some time because no, no, I know. But why can't we just hire a professional to do at job? And have it be somewhat near accurate sources you've got to spend some time and write a letter and comb through the paperwork or they could do their goddamn job. And we could just go home because once again to paraphrase, my father who used to say when I come back. I'd be frustrated about some cop testify. And I thought he was just lying through his teeth. My deficit look fees and a cop he'd be a truck driver. Okay. So don't fire. You why are you? Why are you like the jurors and giving them cloaking this cop with some kind of mystical power? So it's the same thing with their appraiser. If it isn't an appraiser your note, this guy would be doing he probably be selling you power tools at Lowe's, so much more respect for him. Yeah. Right is. All right. So fact, my head of security at the engine company his previous life was an appraiser. Really? Yeah. And now, he's not. It's not me being paranoid. These guys come in low all the time. They in the last ten years. You can't get an appraisal. That'll be plus this the other thing that's rigged about appraisals. I've always said to the bankers. Why don't you not tell them how much the either I'm buying the property for or selling the property for let him go in blind? I want to see what the guy comes back to how rigged is it? Then I'm like giving it's worse than an open book test. Right. It's you're giving them you're telling them. Okay. This transaction is three point two million dollars. Now, go appraise it. Well, the guy knows he's never going to go over three point dry right in a million years, and you know, under your theory. He's going to come back into two point two because that's a thirty percent discount back to Weinstein. And then also there's some cavenaugh stuff out there to where they're thinking about possibly bringing some charges against some of his accusers. But I don't know if that's some sort of preemptive strike. I don't know what's going on that. So is is this a safe or fair statement? In comparing let's say OJ right to calve. Sorry now. Sorry OJ. I do. I thought if you were going to pull your dick out if you could connect cavenaugh with OJ, I'm now, but I can connect a Weinstein to Cava. Yes. Okay. And no, no, no, no, no OJ OJ to to Weinstein. Okay. In that. Now, the Cosby trial. It was sort of like, I don't know is he guilty as any go their house. It's gonna play out. There was a hung jury or whenever they retried him bub-bubba. When OJ was first accused of everything and it went to trial. Everyone's like well one hundred percent guilty. I know how to turn out a white guys. I understand is how it's gonna work out. Okay. Now, then Weinstein. Oh, come on. There's so many people so many allegations. So many cases could this be that could this be a version of OJ where going into it all the white guys in World War like please come on? And now as it turns out, he's ends up playing golf in Florida. Like can what what? Yeah. Pretty I wouldn't Weinstein, but I in my heart of hearts. The the problem is and I've said this in with my some of my clients. I always ask at least internally. I don't tell the client because they never want to hear it does this client. I always think towards a jury trial, and I worked backwards when a client comes into the office, you'd think about what's your opening statement. And then what's your who? Do you who? I wanted to jury and one of the things you add the first questions you ask is who's the constituency who is going to support my client? Because after all a jury trial is basically you're handing off your client after the trial is over in your closing argument. You hand them off to the jury and the jury either, you know, they take him outside hang them or they decide they want to help the client. So who do you want on your jury? And is there a constituency I used to joke about Scott Peterson that I couldn't find a constituency, although I wanted to move the trial to Orange County because I thought that was the highest proportion of adulterous golfers that I could find in California, and that would be potentially. A constituency the problem with Harvey Weinstein is who is your constituency. I think today Harvey's got a better shot post Cavanaugh than he did pre Cavanaugh because I think now the Republican party has become the party of criminal defense. They actually believe in a presumption of innocence. They argue forcefully for it. Whereas the left has a tendency to presume guilt and not to question you can't question that that's become somewhat. You know, the due process is separate that's an courtroom, and it's really not anywhere else. So there is a Porsche a part of me that believes that he could get his. Not only will this case on Ravel famously was interviewed by CNN saying, I think the case is unraveling because when you see the cop through, you know, basically grenade thrown grenade or fragging the DA. That's all you need. That's red flag. Hello. We've thrown the flag. This case is going down the toilet. And if that's the case could he make a comeback. I could see where he makes a comeback. Absolutely. Well, come come back aside. There's a version of this where he doesn't go to prison. There's a version of this where they never get to a jury. There's Jerry this version of this. Where a judge may say, I'm not letting this go to a jury. This was outrageous. How did you? How did you go to a grand jury and not see this is what irritates me you can think he's the worst person in the world. You're back to the you know, that old MSNBC segment about the worst person in the world. I get it. I've represented people who everyone has universally condemned it as the worst. In the world. But the fact remains if you're going to talk about America being the greatest place in the universe. Then you have to understand that the thing that makes us great is we have due process and due process means you get a fair, shake, even if you're the slime of the world key did not get a fair shake. I mean, you cannot read these emails, I defy anybody. Who says, you know, fuck him? He's the worst person in the universe. Fine. Read those emails and tell me that you don't think for a second that that grand jury should have seen those emails because you see those emails and you say I call bullshit. I mean, that's your immediate reaction. Nobody should be criminally prosecuted. Once those emails have been seen. It's an outrage at that point. And this is not that's why I say pre and post Cavanaugh because Cavanaugh I mean, you know, his calendar was squeeze and everything else. I mean that was almost laughable, and it was when the Matt Damon skit, but this is by the way criminal charges where we could go to. Prison for the rest of his life in somebody thought, you shouldn't show the four years worth of hundreds of pages of emails to the grand jury that you're asking to find a strong suspicion that who crime was committed. You don't think that they should have seen emails where she's thanking him, and and profusely professing love and everything else to him that to be is outrageous. Well, isn't it by definition? If you are a basically, you got a coach on one side, and you got a coach on the other side of the field, and you're both trying to win a game, and you're instructed by law to exchange playbook and the rule in the league is they get your playbook and you get their playbook. But there are things you pages you've torn out and didn't include. And then you say, oh, these pages were just blanked on worry about these pages. They went to help is. By nature. If you're not sharing information, then by almost definition that information is going to hurt your cause. Correct. I mean, it's almost it's if it were a defendant, and you flee from the scene. That's what you get a jury instruction. It's called consciousness of guilt. You ran away with the other guilty don't flee where no man pursueth. So that's one issue. But the other issue is you're describing a situation where there are the same ethical obligations on both sides of the field. There aren't in a criminal case. The defense lawyer has got an ethical obligation to zealously defend his client. He can even a defense lawyer can can put out a theory that the defense lawyer knows is or suspects may not be true. But if it is a reasonable inference from the facts, you can you can put that out there ethically. The prosecutor can. You can try to convict somebody. But if the prosecutor thinks that the person is not guilty. You don't get to ignore that. They've got a higher duty the prosecutor is supposed to seek Justice not supposed to win not supposed to win at any cost. Let alone win at any cost. So there is a you start off with that. But that that kind of ethical imbalance between the prosecution and the defense gets lost. I mean, most I if you were to test a lot of young prosecutors. They would not that they don't clearly understand the difference. They don't understand that. They're not there just to get a conviction right there to also do Justice. Yeah. They're there to examine evidence and possibly find the other direction. I mean, I mean like famously that knife on Duke lacrosse thing where he's accusing this guy of rape. And there's Bank records of this guy to eight. Across town. And they basically say it's time stamped how could he beat the and being in the bathroom or the frat house raping someone simultaneously, and he's not interested in that care? It's like it's like with with mine, midway through the trial. I'll never forget incompetent. I mentioned this before the ballistics fest comes back because we didn't wave time in the case. And it shows us not the gun the prosecutor stand up and dismiss now they can't they invented a second gun theory. Yeah. Guys are almost Hispanics appraisers. Yeah. Let me tell you about Pluto TV the leading free streaming television service. You can watch over one hundred TV channels and thousands of movies on demand completely frayed. Pluto TV never asked for credit card. You don't even need to sign up to watch for free. Pluto TV's easing completely legal way to watch your favorite TV shows and hit movies, and it is all for free. Never pay for TV again by downloading Pluto, TV I can't figure out their business model. How do they make money? I don't know because it's all for it's all for free. It's amazing. You can download Pluto TV for free on your favorite devices. You got your iphone, you got Roku Amazon. Whenever phone you have Amazon fire TV apple, TV smart TVs, PlayStations and chassis. That's my channel CHA SS. Why? And that's available now on five. Oh, one channel five. Oh, one on Pluto TV. So the so Cavanaugh. Okay. So there's some rumblings about oh, they're going to try to get some of his accusers. Yeah. This is Chuck Grassley. Who is I don't know. What's happened to this guy? I used to really really think he was a kind of a statesman this kind of judicious, fair guy and. You know, I always say males. But we have to look forward to is. When you hit seventy four seventy five you really a rapid decline after that. This guy's eighty five. So he's about ten years past the bell curve. And he's referring anybody in everybody over to the department of Justice the problem. He's got is the one accuser who came out and admitted that she made it up in his crazy sounds crazy. At least there may be something there, but that's a really tough case to prosecute specifically unless you're going to do an obstruction because obstructions got a pretty wide expanse. But the others they didn't do anything and they didn't act on it. They're not going to go after Kris blassie Ford. That's so that's given. They didn't do much on the second one. And I think Venetis they was completely ignored at least when I watched. I didn't see anything to do with that. If you're. Going to say that submitting a declaration to the the tribunal. Meaning they judiciary committee is going to constitute an obstruction. That's never gonna go anywhere. That's a nonstop. Well, because everything is political nature nowadays, I'm assuming this is either to send a a cannonball over the bow. The Democrats say don't if you take control the house of the Senate or wherever do not plan on bringing bringing on more these people because we will be prosecuting them. Like is there is this? I'm sending a message. I think it's look you've got Grassley Grassley is head of his committee. So he can run through if the Republicans lose the Senate, which is you know, two votes. Basically if there are two seats, I should say, then he's no longer. The chairman it flips over to Feinstein and. So he knows that the way to kind of fire up the base is by saying Cavanaugh Cavanaugh, the the Democrats completely misplayed if you will how that was how that unfolded and the cavenaugh hearing unfolded, and they and the Republicans had quite a bit of momentum going into the midterms up until the Skara van in the and then the van with the Trump Caesar's say rock or something like that. Yeah. Which by the way, do your to break some news, apparently, my my client was targeted with a bomb as well, Colin, but apparently apper knit cap for Nick. Apparently, they couldn't find his address online. So you know, when I wanna know is where they looking at my address because I get nothing, but Colin Kaepernick nasty Email. Nls nasty letters, and I would've expected the FBI to have come to my door and knocked on it and said, Mark, you should know this. But I didn't I didn't get a whole lot of information from the FBI. Well, I'll tell you what other story fifteen years ago fourteen years ago. I get a call special agent, whatever his name is Jones Friday afternoon, we Mr Garriga, we'd like to come visit you and so immediately you think I what did I do wrong with into custody on a Friday. I'll sit there to the weekend even though so let's go to the magistrate immediately. So they come to NATO, we have a credible threat on your life said really from who can't tell you about what can't tight they said. Well, then why did you come in ruin my fucking weekend? Telling me, there's a credible threat of my life. Yeah. Thanks a lot. We'll get does that do me at least with CEO, ker, whatever his name is the the mad stripper. The you. Understood the guys. In custody in the information. They're deriving from his label maker in from his right internet searches. But in the other case where they tell you we've got a credible threat. But we're not gonna do anything. You have to wonder what I frankly would rather not know at that point. I agree. Right. Yeah. Yeah. You don't wanna know that something bad's in your hot dog? But I can't tell you what keep eating it. I have a question for you, which I've been meaning to ask for episodes. Didn't I see Jimmy with Ben Affleck and Matt Damon at the dodger game? Yes with I'm with stupid t shirt. Yeah. Well, but my question was more fundamental who buys tickets in threes. You buy in force, right? Why weren't you the four seat? It's a good. It's a very shit because nobody's buying. Nobody says, hey, I got three seats to the game tonight. Or you may say I've got three extras feel like as a guy who's a couple Laker games. Sat courtside a couple of times. Somebody has those tickets somebody quizzed them to somebody nobody goes out and buys them. They're just there. It's it's the rich getting richer. Well, then can I ask you another question, it's on legal topic? But if you did you watch the World Series. I watched some of it when you watched it. Did you see Larry King sitting behind the plate? Probably. Yes. Did you see Mary Hart? Yes. Okay. Did you see Mary Hart doing that thing with her arms? Now, look like a giant grasshopper. I did not. Okay. I this is why I haven't I've been inspired by Mary Hart who many years ago did that move where she insured her legs for like one million dollars. And I don't know how it works. It just lets the world. No. You have great legs. And I've decided to that. I'm not sure Michael courts. No, my brain your brain for how are fine. Five hundred million dollars of London for Loyd's London. I liked that. But but I think I'm smart I have a question for you. Well, yeah, especially they get they send you an appraiser up. Yeah. Reads in the third grade level. No, it's not a fifth grade level, by the way, you can't you don't know all the spelling of the there's a third grade. And I got two out of three. I have a question for you. This was Sutton. We used too much time on our hands. Would you rather? This came to play last year when I met for my whole life. I wanted to meet Mike Connors, whose original name was jail onion. You know? That is Ryan my honors. Oh, he's arm hair hundred that hair. Yeah. Exactly. Like, connor. She was Mannix like back when they had all like McCloud Kojak. And I was just like seventies cop. You know? All you needed you needed. Good hair. Right. You needed a hot secretary, you need a kind of a cool convertible car. And then you went by one name, right, man. X men, and is like on the case, and it could fem- song. Great the montage you at the beginning of Boston people at some point ladies checking the out. I always thought Mannix was the air was the kind of the the foundation for magnum PI same thing. Magnum vertebral good hair. So my when I met him because he's armone. He was always kind of an arm. Oh, it's weird because it was Soir. They and had big thick black hair. Right. Right. Same as Mike Connor Mike Connors. Well, here's a ritual name grew up in Fresno was Jay Owen? And my mother said she and her. Her girlfriends used to go to the was called the Bosco theater. I think is what it was called. And he was an usher at the theatre. Now, we're going back about eighty years and the arm oh girls used to go and just like drool over him at his one looking Armagh one good look at arm. Oh, so I finally met him last year before he died for he pass away it might even been longer than a year ago. And he was telling me he was sharp as a tack is in his ninety s and he was telling me that from the neck up. Everything was great. But from the neck down. It was a disaster many passed away shortly thereafter, and so the question, and we and I started this game with Mike Connors before he passed away. Would you rather have the neck down because or the next up? Good because he made it pretty good argument for what good is the neck up. If you realize everything below the neck is a disaster that. If your neck up, if you're basically, you know, you've got the the the awareness and the consciousness of an ripe avocado the better off. Well, it's interesting. You know, if I was still swinging hammer, I'd probably say neck down. But then when you end up just sort of talking for living, then you gotta think neck got unless you're insured, and then does that does Lynette cat too. You know, and then is it if your brain goes, and do they have a definition of wet triggers the payout 'cause is it disability. Are you going to ensure for disability the brain? So if you have a TI, you get to collect a little something, and then you have to figure out what's TI like a the, unlike a mini stroke. So then do you have to have a percentage of disability? How much does your brain have to dial back and be? Be disabled in order for you to collect on the policy to eighty percent, seventy fifty what would you what would be the call? But if if you observe me more than three days a week watching the view in its entirety. That means something went wrong and Lynette can just stand behind me. All I listen to Choi pay harsh take on what's going on in the news, and she can just film on her phone, and then she'll turn that in. But don't you love, you know, my favorite one of my favorite humans favorite females. Sorry, poet apologies. Sunny, hosting on the view, and she's great. I love Sonny. Sonny is just a kick. Well, let me ask you. I have a fourteenth amendment. Question for you that I I've again, I sit around I turn on the news. I hear both sides of the story. And then I go now, let's see if I can get the truth from March. I want your take on that being brought up being discussed. There's few different takes on it. I I'll tell you about true car car tips. Great. You may not know say get some air in those tires man and remove excess weight from the car get that junk out of the trunk. It better mileage you can put your key fob under your chin to increase its range. Here's another tip. You might not know truecar also helps people get used cars with a certified dealer network in nationwide inventory of nearly one million used cars enjoy real pricing on actual inventory. Simpler, buying experience experience whether going new or going us is he what other people paid apples to apples. Finding exact same car. They paid for you. Find out what the price was you. Go pick up your new car. No haggling. Enjoy a faster buying experience by connecting with truecar certified dealers. So when you're ready to buy newer us, check out truecar enjoy a more confident car buying experience. Some features not available in all states. So last subject for you. Mark the fourteenth amendment. Yes. You know, it's one of these things where everyone has a kind of a knee jerk was like, oh my God. No, this is hit Larry. And and we've now begun the unraveling of America and everything like that. But then when you hear it or you think about what the founding fathers were trying to prevent and then you think about what about people coming here from China or. Drew would say at a sorta interesting thing. The founding fathers could have never pictured Chinese people getting in a big aluminum tube and flying here from China and having a kid here. And I said, you know, in a way, if you're having this discussion with the left, it's the same argument, they make about the founding fathers in the second amendment and machine guns. Like all of those guys all had muskets that could have never envisioned a world where people had AK forty sevens and AR fifteen they didn't envision that. And it's like all right, but they also may not have envisioned. Chinese people come in here and doing like birth turns them, so it's the same kind of argument. What is tell me your opinion on it? Well, the remember the fourteenth enshrines this idea that the that there is a birthright citizenship through to the through the constitution. So. So the first thing that came out was and this is what you do when you do statutory construction or you do any kind of analysis of the law. There is a hierarchy of what Trump's what pun intended. Right. So the constitution is the bedrock. That is kind of the highest then under the constitution. You can have case law, which are cases that interprets the constitution or cases that interpret what's called the common law. You then have statutes that that are there and in some states, and in some where you have a code pleading state or states that have codes than the codes can take priority over the common law. So without teaching law school class. There's a great interplay. But there's a hierarchy if he was when he first came out and said by executive order, I'm going to revoke it you could not do that. So legally you were he's not. Not going to be able to issue an executive order like he did with some of the others where an executive order that he issued that repealed or revoked is a better probably the better term one of Obama's executive orders. You can do that because they're on kind of a lateral plane, but an executive order cannot be issued that's going to undercut the constitution. So that's a non starter if he wants to or if they want to do that, I their first challenge would be the he dabbed the department of Justice or somebody else, for instance, if he said there was an immigration somebody somebody had their citizenship revoked, and then the person who had it revoked challenges whether they have it revoked, and there's a history of this in the law. Most famously with Nazi war criminals who basically misled the department when they came in here on the application got became naturalized citizens and then years later, they determine it's a Nazi war criminal. He didn't talk about this. Or he didn't answer the questions we're going to now go through a preceding where we revoke the the thing. That's you get yourself into the legal proceedings. A judge makes a ruling and then you determine whether or not you can do it. I'm so that's the that is the process by what you doing if they wanted to do that they could they could amend the constitution, and that requires state legislatures in constitutional conventions and things of that nature. There's a process, but it's not going to happen clearly overnight. It's going to be like something where you've got the equal rights amendment. You've got back in the day where you had prohibition back in the day. When you add. Women's voting you in there are processes by which to do it. And you know, it is when you hear the discussion, I'm sure if somebody isn't up on their civics or involved in the law, you say to yourself, none of this makes sense because I listened to it, and it's just gibberish for the most part. I mean, the idea that he's going to issue an executive order revoking birthright citizenship is just not going to happen. It just won't say it's a non starter. Can somebody argue can one argue that you don't have to get rid of the fourteenth amendment. But it's not being applied properly. Yeah. You could make that would your Chinese and you fly in and you have kids at a birthing hotel that that's an abuse and a misinterpretation of the of the fourteenth amendment. Right. And so they would have to in order because the law generally does not answer hypothetical questions. So you. Can't present that to a judge and say, look judge, hypothetically, I want you to rule on this. I mean, every judge I've appeared in front of would tell you. I I don't do hypotheticals. You would have to have it done. Somebody would have to say I'm going to revoke your citizenship. The person who citizenship is being revoked would then contested, and it would have to go through the court system. All the way presumably to the US supreme court, which would have to rule on the argument, then depending on which way they ruled on the argument, congress can get involved. So that is the process by which it works interesting. And that's why I'm always always. And so always glad to talk to you. So when Trump is doing this Trump is grandstanding. Yeah. I mean, it's no different. I suppose. Than a lot. When he says, I'm going to do the Muslim ban. You saw played out. That's exactly what happens you get an attorney general in some state who contested they go through they go through the legal process. It works that way up. It may get you may get one ruling at the district court another at the circuit court, and in the US supreme court's going to rule on it. So that's the way the process works. It doesn't just happen overnight. It's a legal challenge, you know, to their credit. The federal is society takes the long view because they've been trying to push the law of the right for twenty five years. Now, they've been very successful in doing it by taking the long view looking for cases in the system that are percolating up on their particular issue. And then they forced that issue to push it through to get the courts to do what they can't get the legislature to do. So it's an interesting, but that's also for my standpoint, why always get such a such a tickle about or such a kiss? Out of the idea that you know, the liberals are the activists courts in the the others. The right is the strict construction, it's no, they're both active. Both sides are activists both sides want what they want on their particular issue. And they just go about it differently. They looked for ways in which to present their issue, whether it's a proper challenge to gay marriage or a decorating a cake challenge to servicing those who are getting married his gays. So I'm the idea of strict construction as forces liberal activists courts, it's all nonsense, by the way on that subject of the over zealous DA's. I think in that case at a Portland or somewhere around there. There were about the florist who didn't want to do the floral arrangement for the gay couple of a gay wedding because of Florence's religious convictions. The gay couple evidently who was friendly with the full floors. Didn't have a problem with it. They said, I get it. We'll go to the other floors, then they'll make something the DA just decided to move in on this not with a complaint by the gay couple just heard of this and said, I'm going to get insert. I'm gonna cert- myself into this transaction. Well, the thirty years ago thirty five years ago, maybe when during the whole eight scare I we had a client. Jessica of our two Ginza in Jessica's nails. She a nail salon in Beverly Hills and the city of Beverly Hills or west Holly West Hollywood Beverly Hills passed an ordinance he couldn't discriminate against somebody with aids. And so some guy walks into. To Jessica's nail salon and promptly announces. I have aids and I wanna pedicure, and you know, and they said, well, we can't do it. We don't have the, you know, we want to keep our people safer, whatever else ends up prosecuting, criminally. I mean, you know, it was the whole thing appeared to be as setup. But that was you know, that's how a lot of these things when you want to use the law as a way to litigate your social issues. That's the way it starts. Well, I gotta tell you though, I would argue that in one thousand nine hundred eighty s if you did have aids you probably didn't need a pedicure. That would be my only argument, and I will tell you about their works right now leg or foot cramps. You know, how painful they can be it jolt you out of a sound sleep interrupt your David by theraworx relief. Its non greasy, it's a foam and foam. It's it's Mussi. It's proven kind of Mussi. Isn't it Mussi? We're in the eighties. But you don't put on your hair put it on your feet and your joints in your hands. Wherever those cramps your legs wherever short show. Learn the eighties here. That's right. Plus with daily use theraworx relief can prevent muscle cramps before they start takes only minutes. Apply absorbed. Quickly works great. Dr Drew's been talking about this stuff. All the time. We see him on TV doing this do theraworx relief. Holidays around the corner, you really love someone don't get them a tie or sweater, get him some theraworx relief. And let them put a put an end to their suffering. With the muscle cramps. A soreness. No better gift. Get their works relief today at WalMart CVS, Rite Aid, Walgreens and talk to your pharmacist about theraworx relief. All right. You can check me out. I think we're being Anaheim grove on the thirtieth. That's up there somewhere. I'm looking at it. But either way robbery Gle and doing a live pot up Anaheim grove, and you've got AMC role dot com for all the stuff, you need all the live shows and events and swag and checkout chassis and see all the movies and everything there. What do you got Mark God? It was just noticing. You're doing my birthday cruise next year October fourth through seventh. I may have to join you on that food. Celebrate my birthday. I've got engine company twenty eight downtown terminal seven at LAX Mediterranean top house at Tenny CASA Tropicana at Saint Clemente. Pier. Gary's favorite place to be. Also. I think our young man right here. Yes. I've also you've also partaken. Clementi right. And the Palm Springs and coming soon, we'll make an announcement does to another spun Palm Springs, so TELMEX. I'm am remark. Erica, say Mahala. Thanks for listening to reasonable doubt. Tune in next Saturday for an all new episode. This is Corolla digital.

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