On this episode of The Charlie Kirk Show, host Charlie Kirk and Jack Posobiec discuss the verdict in the Daniel Patrick Penny case. Jack was inside the courtroom when the verdict was delivered, and was there when it was delivered.
00:00:00.000Hey everybody enjoy this episode become a member members.charliekirk.com that is members.charliekirk.com email us as always freedom at charliekirk.com and become a member to support this program buckle up everybody here we go Charlie what you've done is incredible here maybe Charlie Kirk is on the college campus I want you to know we are lucky to have Charlie Kirk Charlie Kirk's running the White House folks I want to thank Charlie.
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00:01:17.000We have some big breaking news that just hit, if you haven't heard it yet.
00:01:22.000Marine Corps veteran, national hero, Daniel Penny is a free man.
00:01:28.000We had some sweating last Friday when we learned that the jury was deadlocked on the higher level charge, manslaughter.
00:01:36.000The state of New York dismissed that charge to try to trick the jury into some sort of compromise guilty verdict on a lower charge of negligent homicide.
00:02:42.000This is a huge moment for America, and I want people to be very clear that this is just four years after the George Floyd racial reckoning moment, which, Blake, I know you and Charlie have discussed so many times, that this comes at a time where Just a couple of years ago,
00:03:00.000a case like this with the racially charged overtones where people were saying, oh, this is a white man and a black man, where in many instances in New York, particularly under D.A. Alvin Bragg, who is a Soros-backed D.A., the same guy who went after Donald Trump in the same jurisdiction where they're going after Steve Bannon this February, was putting all this together and so many people looked at the video and said it's a clear case of self-defense.
00:03:30.000There was even a case last year where a guy stabbed someone to death on the subway and those charges were dismissed because that was again self-defense regarding a homeless person that was acting crazy on the subway.
00:03:53.000No, Daniel Penny, we have to understand this is a moment for the country.
00:03:59.000This is a moment for the, I don't want to say the movement.
00:04:03.000This is just the mood of the country, the moment for society, a moment where people can say, you know what, we do want to live in a country that has rules, that has standards.
00:04:12.000Obviously, it was a terrible situation.
00:04:15.000It was a situation that nobody wanted to be in, a situation that nobody wanted anyone in.
00:04:20.000But instead, we have a situation now where people can get up and say, you know what, we're sick and tired of the crime and...
00:04:28.000So I had heard last week from, you know, take with a grain of salt, but I had heard that there was some rumor going around the DA's office there in Manhattan that the jury, yes, while they were deadlocked, the deadlock was actually towards a We're good to
00:05:03.000Because that first, and this is more of a legal question, because that first charge was dismissed and not ruled on, could that charge still be brought?
00:05:11.000I don't necessarily think that they're going to, but is that a possibility?
00:05:14.000My understanding is no, that because they went through the whole trial, at that point in legal parlance, Jeopardy had attached.
00:05:24.000And so it would be double Jeopardy to try to bring Yeah.
00:05:31.000Oh, you know, the trial's not going well.
00:05:37.000So I think Penny is golden on the New York legal front.
00:05:41.000The vulnerabilities would be a federal charge against him, which I think very safe to say that won't be happening with President Trump in charge.
00:05:49.000If anyone tried to bring that, I think we would get them turfed out pretty quickly.
00:05:54.000The other possibility would be a civil case against him.
00:06:14.000And by the way, that would be something, and I haven't talked to anyone about this, but I do know that there's that give, send, go.
00:06:20.000And we, I guess, what, a year and a half ago when this happened, I think it was May of 23.
00:06:25.000Please make sure that you're still giving to the give, send, go for Daniel Penny.
00:06:30.000I'll go find it and post it on my Twitter accounts up on X and across my social medias.
00:06:36.000And while this is a great day and we're going to talk about this and there's a lot that's going into this, there's been a lot that, you know, it certainly goes with the current mood of the country right now where I think people are sick of wokeness.
00:06:49.000They want to get away from this stuff.
00:06:51.000And more importantly, they want to get away from crime.
00:06:53.000We want to live in a place where – and Stephen Miller was at the Turning Point event, this incredible Turning Point event in Mar-a-Lago last weekend, last Saturday night.
00:07:01.000I know Charlie was in rare form that night and it was an incredible celebration.
00:07:06.000Stephen Miller got up and spoke and he said, every single American, regardless of your background, has the right to live in safe cities and safe neighborhoods.
00:07:16.000You should be able to ride a train in this country in one of America's greatest cities, New York City, without having to worry about you, your family, and your children being accosted.
00:07:26.000And unfortunately, in this situation, someone did accost them, but you had a hero named Daniel Penny who didn't do anything wrong.
00:07:37.000But I do want to also point out that because of this lawsuit that's still going on, Please go and check out the Give, Send, Go for Daniel Penny because it does look like he's still facing some legal repercussions on that front.
00:08:39.000We already see it on X. People are saying, this is the day BLM dies.
00:08:44.000The movement that sort of terrorized America that said, if you don't listen to us, we will burn your stores, we will burn your city, we will make your cities unlivable.
00:08:57.000They demanded that Penny go to prison.
00:09:01.000Just this morning, they were protesting so loudly that on the 13th floor of the courthouse where the jury was deliberating, their chants demanding that Penny go to prison could be heard.
00:09:12.000There were arguments that that would be grounds for a mistrial all on its own.
00:09:16.000But if the jury was able to hear those protests, they ignored them, they didn't care, and BLM's ability to just terrorize the country Is broken, I think.
00:09:46.000And he tweeted that when the not guilty charge came out, that from the Penny side, there was applause, there was cheering, the judge asked him to be quiet.
00:09:56.000And I'm just going to read what it says.
00:09:58.000From the Neely side, someone said, gonna be killed.
00:10:03.000The judge instructed that person to be taken out.
00:10:06.000Then either someone else from the Neely side or the same person responded, it's a small world, buddy.
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00:14:04.000There was speculation but not confirmation that we could get that the jury was hearing this as well and that this was either intimidating or influencing the jury.
00:14:16.000Part of the issue, too, was that there wasn't really anywhere else for them to move them that would have been any better.
00:14:22.000The judge offered to ask the jury, hey, if you have any notes for us that you're able to hear this, we'll try to move you, but communicated to both parties that even if that were the case, it's not that we'd be able to move them anywhere that would be quieter.
00:14:40.000So my colleague Jack is saying, from one of his, someone was saying there were threats from the Neely side inside the courtroom.
00:14:50.000Yeah, so Hock Newsome did actually say it's a small world, and some of the reporters heard it's a small world whitey.
00:15:02.000Some of the reporters heard it's a small world buddy.
00:15:06.000So we're a little bit of back and forth on that.
00:15:10.000But yes, that could have been interpreted as a threat, and that was actually audibly, that was as Hawk Newsom, the founder of Black Lives Matter in Greater New York, was leaving.
00:15:21.000Then, outside of the courtroom, during the press conference of the various activists that were involved, Hawk Newsom did call for black vigilantes, specifically.
00:15:50.000I think that many in the courtroom were expecting that we would get another hung jury.
00:15:54.000The difference between, they indicated that they were still debating self-defense, which applies to both negligence and manslaughter, when they arrived there at being a hung jury.
00:16:07.000So many were expecting that that debate would either carry over or this would indicate that they had ruled that this didn't matter, They would have much more to either deliberate on or rule guilty.
00:16:24.000So yes, there was surprise that it was this verdict this quickly after the hung jury.
00:19:51.000All of the reporters had noted that this was more intensity than we'd ever seen any other day of trial in terms of hearing these protesters, which we've heard very, very consistently.
00:20:09.000Later in that clip, later in that same press conference, you'll hear Hawk Newsome, the founder of Black Lives Matter Greater New York, call for vigilantes, black vigilantes, seemingly in response to how he sees Daniel Penny.
00:20:26.000Earlier, Thomas Kenneth, who is the defense attorney for Daniel Penny, brought up several chants that he interpreted as threats specifically against the jury.
00:20:39.000Quote, if we don't get no justice, they don't get no peace.
00:20:45.000ADA-Uran seemed to dismiss the likelihood of that, even going to the extent of saying that she hadn't heard any of some of these slogans at all.
00:20:57.000But the judge denied the equivocation later and agreed that there aren't two sides to this.
00:21:07.000So looking back over the course of the trial, you were able to observe the jury.
00:21:12.000Obviously, there's also a lot of experts there.
00:21:15.000Do you have a sense maybe what proved decisive in Neely being able to win his freedom?
00:21:24.000Is there something that really affected people?
00:21:27.000So, I mean, there are two big things, right, that became issues of focus.
00:21:33.000One, for Daniel Penny, you know, is the question of self-defense, which the last indication that we have is that this is something that the jury was fixated on.
00:21:42.000And we had testimony, emotional testimony, of a mother who was protecting her child and who had thanked Daniel Penny.
00:21:52.000There was a woman who had thanked Daniel Penny after the event.
00:21:57.000There was testimony describing, we had an expert witness going through his psychiatric records and describing just how scary and They really, really tried to emphasize the extent to which the subway passengers did or could have felt threatened.
00:22:24.000And Daniel Penny, in his interview with the police, says, you know, I look, I see women, I see children, and that was his impetus.
00:22:35.000The other issue is that the prosecution had to prove the cause of death.
00:22:45.000We don't know, obviously, to what extent the jury felt doubtful towards the prosecution's case.
00:22:55.000But he did have this sickling event, an extremely rare event.
00:23:01.000That is just how rare this event is, even though people have a sickle cell trait.
00:23:06.000Both medical examiners, the prosecutions, and the defenses both agreed that this is an extremely rare event that inhibited the oxygen flow to Jordan Ely's cells.
00:23:22.000And also, the jury was very focused that the medical examiner gave up looking or said something to the extent of That she didn't need more information after seeing the video.
00:23:39.000So she had toxicology reports on the way.
00:23:42.000She had other information on the way and she decided not to move forward with it or didn't need it to decide the cause of death as the chokehold, which obviously many people ran away.
00:23:54.000Alright, I think we're getting the clip here.
00:23:57.000Yeah, this is what you were just describing, I think.
00:23:59.000Let's play Hawk Newsome getting a little menacing after the announcement today.
00:24:06.000Let's play clip 21. We need some black vigilantes.
00:25:27.000I don't want to expect you to celebrate off the cuff.
00:25:30.000But I think this was the right outcome in the case.
00:25:34.000And I know a lot of people were following this.
00:25:36.000And it's good to see that people didn't get the tunnel vision of thinking that the protesters who were right outside, who were not going to work that day and were just coming in to protest during the trial, that they were not the mob that would just get its way.
00:25:53.000I mean, you've been following it longer than just about anyone.
00:25:56.000Yeah, I mean, I guess the biggest thing is that it's not over yet.
00:26:00.000We have potentially the civil trial, if you recall.
00:26:04.000Bernie Getz, you know, he was acquitted but then had this major civil trial afterwards in which a judgment was levied against him.
00:26:12.000Tens of millions of dollars, apparently.
00:26:16.000His livelihood is still affected by this.
00:26:20.000So, you know, this is certainly a victory for Daniel Penny, but it's not the end of the road.
00:26:26.000And it's also not the end of the road in terms of the public reaction.
00:26:30.000In the days after the original lack of charges against Penny and the protests following, you know, protesters had been arrested with accusations of, like, throwing Molotov cocktails and such.
00:26:45.000In fact, that hearing was during this trial.
00:26:51.000Joe, thank you very much, and thank you for coming on.
00:26:56.000I'm taking in the full extent of what this is all going to mean, and I think you're correct that a big thing we need to focus on is it doesn't end here.
00:27:06.000Obviously, if you can donate to support him, if his Give, Send, Go is still operating, we'll want people to support that.
00:27:12.000And we have to make sure that we follow up on Building a world where there's not even a fear that if you are protecting your fellow Americans when they're in distress, when they're in danger, that you would have to worry about this sort of punitive, anarcho-tyranny lawfare being levied against you.
00:27:34.000I'm already seeing people say this, that the damage is already done.
00:27:37.000That because Penny had these charges brought against him, that no one is going to step up to protect innocent people if they see them in danger.
00:27:46.000And so we need to make sure that we...
00:27:48.000We can rebuild people's heroism, that we can send the message that this prosecution was a one-off.
00:28:17.000So, you know, people resurface, I think, actually, I think you even posted it, the video where she was gloating that she managed to get a radically reduced sentence for a man who, he murdered someone just during a mugging at an ATM, correct?
00:28:31.000My understanding of the event, so, so, Davin Iran brought the first restorative justice case in New York City, or at least that's one of her claims to fame.
00:28:39.000And the case in which you're referring, I believe the perpetrator stuck up an elderly professor, I think it was, who was shoved over in the course of that altercation.
00:28:54.000In the course of that robbery, he hits his head and dies as a result of those injuries.
00:29:01.000Then following that, she agitates for a reduced sentence.
00:29:06.000Now, if you're interested in this, there's also another case She spoke to the RNC this year and also testified to the House Judiciary Committee and calls out Daphne Iran by name for an unsatisfactory sentence along these same lines.
00:29:29.000My Twitter is, you can follow me on Twitter, I'm at JBRUCJ. I'm Joseph Brucher, and I'll be writing up on this for IM1776. Joseph, thank you very much.
00:29:41.000Thanks for all of your work covering this massive story, and thanks for coming on the program.
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00:31:07.000Apparently they found a manifesto on the person of this guy.
00:31:10.000They caught him at an Altoona McDonald's.
00:31:12.000Someone saw him, thought, that looks like the guy. - Okay, the first thing we have to say, the first thing we have to say is, Before we get to the manifesto, before we get to the fact that it looks like he may have still had the weapon on him, the suppressed, some kind of modified firearm, but the fact that he was caught at a McDonald's because he couldn't resist, folks.
00:31:38.000He's got everyone in the country looking for him, and he just couldn't resist those fries.
00:31:43.000He saw that Donald Trump video going around and said, Those fries just look a little too good when Trump makes them.
00:31:49.000Maybe I can get a little of that so he gets caught in Altoona, so that's on the way to Pittsburgh, across the Midwest, northern tier of Pennsylvania, across from New York City.
00:32:00.000We knew that he was riding buses beforehand, so that could have been It sounds like that's what he was doing, but rather than having been necessarily caught by tracking the buses, it does look as though he was caught because a McDonald's employee at the restaurant observed him, recognized him from the images that we've all seen, and decided to do the right thing.
00:32:26.000So again, very similar to the Daniel Penny situation in a certain sense, Because, once again here, you have a good Samaritan deciding to do the right thing and step up instead of just let something go by.
00:32:40.000Yeah, and the details of this stop are pretty wild.
00:32:44.000Let's play clip 22. So Dana, this starts as a very routine day in a McDonald's in Altoona, Pennsylvania, which has like three McDonald's.
00:32:54.000But an employee there looks at this person and has been seeing on CNN and everywhere else these photos from the NYPD of this masked person with the hood where they're saying, look beyond New York because we think the person has left the city.
00:33:10.000And she believes that this person resembles the photos that have been put out She calls 911, gets the Altoona PD, they respond to the McDonald's, they engage this individual, and as they get him to identify himself and look through things, they find a gun, they find a silencer, they find multiple false IDs.
00:33:32.000Apparently he was just going around in the same getup he did the shooting in with all of the gear.
00:33:38.000Do you remember a couple of days ago we were doing the thought crime show and we were arguing with people and there were still people who said that they thought that this was a professional.
00:33:47.000And they said, oh, we think this was a real, real assassin, a real-time hitman.
00:33:56.000Yeah, and the fact that there are documents here.
00:34:00.000Look, so we have the writing on the...
00:34:01.000The bullet shells was the first instance that this may be something to do with a political-type motive, someone who's animated with anger and animus towards healthcare CEOs and CEOs in general, and now we have this information about, quote, and I think they're stopping short of saying manifesto yet, they're just saying manifesto-like documents, but that certainly seems to be the rumor that's going around.
00:34:30.000Also, I think there was one of his backpacks that was found, that designer backpack.
00:34:36.000By the way, all the clothes in this case, there were some memes going around saying that all the clothes in the backpacks were designer clothes and designer jackets.
00:34:46.000The fact that his gun is apparently, they're saying it's a ghost gun, like he built it himself with parts he either printed or bought online.