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Real Coffee with Scott Adams
- April 10, 2021
Episode 1340 Scott Adams: Court Packing, Floyd Trial, Vaccination Passports, North Korea and Fun
Episode Stats
Length
1 hour and 11 minutes
Words per Minute
150.90495
Word Count
10,789
Sentence Count
1
Summary
Summaries are generated with
gmurro/bart-large-finetuned-filtered-spotify-podcast-summ
.
Transcript
Transcript is generated with
Whisper
(
turbo
).
00:00:00.000
oh do I have a show for you today yeah today will be the best coffee with Scott
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Adams of all time and I don't say that lightly well what are we going to do
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first yes it's a simultaneous sip and all you need is a cup or a mug or a glass of
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tanker chalice of style canteen jug glass a vessel of any kind fill it with your
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favorite liquid I like coffee wait hold breaking news I'm getting breaking news
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there's a new study that shows that drinking coffee in moderation keyword
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moderation substantially reduces cancer and all cardiovascular problems true
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story by the way I just tweeted it thank you Ian for pointing that out so just
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think about this for a moment just think about this moderate coffee drinking
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reduces your cancer and your cardiovascular risk if that's what you can do with
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moderate coffee drinking think what you can do when you just start swilling it by
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the gallon yeah superpowers that's how science works join me now for the
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simultaneous sip go hold on hold on hold on that's not enough we're trying to
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protect our health now one more go ah I feel a little bit I think I had a little
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cancer in my shoulder but it feels better now yeah cardiovascular 20% better oh I'll
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tell you you don't expect it to work that quickly but here it is all right well I
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like to think that everybody who watches my content gets healthier and smarter and I
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actually think that's really happening you know based on my feedback from people you
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don't get to see it so you don't you don't see the the view that I see but the
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number of people who contact me literally every day you know multiple people every day they've
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lost weight they you know they're healthier they're happier they're getting younger and
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apparently they're drinking coffee and and reducing the risk of serious illness so it's
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all working it's working my plan is working I love the fact that every Saturday Bill Maher is
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trending for something he said and I say to myself okay I get that it's a political show and stuff
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so you know those things make news but every week every week he's trending and I'm trying to figure
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out what is it he does that makes him trend every week and I think the answer is he sometimes tells
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the truth now I think actually most of the time he tells the truth uh like most people but they don't
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do it on tv he actually tells the truth on tv and everybody goes whoa what the hell the next thing
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you know it's like trending on twitter and and that literally is what's happening he literally is just
00:03:31.120
telling you the truth and it becomes like a national story it's so rare but uh he uh apparently he's
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joining me uh somewhat in this opinion that movies uh are no longer worth your time and
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this is what he said in a tweet today about about the current batch of movies I love this tweet so
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Bill Maher says I don't have to leave the theater whistling but would it kill Hollywood to once in a
00:04:06.440
while make a movie that doesn't make me want to take a bath with a toaster he says we all had a rough
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year a little escapism would have been appreciated now let me let me climb on that a little bit you
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know I've been telling you for a long time that if you willingly consume uh sad fiction there's just a
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bunch of people with problems because that's what a movie is you know the movie arc is I got a really
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big problem and I'm going to make you look at my big problems for three hours and maybe at the end
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we'll be happy or maybe at the end a lot of people will be dead one of those and yeah I hear Godzilla
00:04:48.100
versus Kong is actually pretty good I'm surprised I can't believe honestly I can't even imagine how that
00:04:55.180
movie could be good here's a spoiler for the uh King Kong and Godzilla movie so if if you're going to
00:05:05.140
watch the movie I haven't watched the movie I haven't watched it so I'm going to give you a spoiler
00:05:09.340
for the movie having never watched it and never heard anything about it all right this hand is Godzilla
00:05:15.960
this hand is King Kong I will now show you the entire movie Godzilla versus King Kong
00:05:25.140
the end that is the entire movie and I believe I've saved you a little bit money there and also a
00:05:49.560
little bit of risk of getting COVID so yeah there's no reason to watch uh bad entertainment that's why
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um I'm not trying to do a commercial for YouTube but YouTube gets it totally right because YouTube
00:06:03.880
gets you you know short little bits that are often educational useful expand your awareness and don't hurt
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you can watch YouTube for days and never see anything I mean if you want to yeah you'd have to look for it
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you can find stuff that'll make you sad if you look for it but mostly YouTube's YouTube is about things that
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make you smarter or make you happy why would anybody ever watch a movie again unless it's a comedy which
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they don't make anymore yeah sure super a superhero one is really a comedy when I watch these superhero
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movies which I do watch those I watch them for the dialogue in between the fight scenes because
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sometimes it's really funny like when the Hulk was you know banging loci against the the ground that
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was just funny so that's the closest Hollywood gets to humor now there's a story that 40 percent of
00:07:02.840
the Marines say they won't get vaccinated what do you think of that do you know it would have been a
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good statistic to include with that story I'll bet it wasn't there I haven't read all of the reports of
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it but I would like to know what exactly is the death rate for unusually healthy young people with perfect
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diets and no zero obesity I'm thinking it's kind of low so isn't this exactly the group of people that
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you wouldn't be surprised you know forget about what your opinion is whether they should or should not
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do it but I wouldn't be surprised because here's what we did wrong with the Marines we meaning America
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right collectively I've never gone through any basic training or Marine training or firearms training
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in the military or anything like that but I have to make an assumption does it is it fair to assume
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that teaching somebody to be a Marine includes a good dose of risk management training in other words
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learning that this situation is more dangerous than this one if even if it's not obvious on the surface
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right in order to win a war it's all risk management decisions plus violence that's sort of all it is
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risk management resources I guess and violence so should we be surprised that the very people who have
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the lowest risk and I think this is speculative but it seems reasonable trained in risk management
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and they've also been trained to not be afraid of bullshit right now I don't think COVID is bullshit I'm
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saying that if you looked at their specific risks the big one is bullets and you know fragmentation
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from bombs right that's like the big risk of going to the war that's like a real risk we've actually
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trained this specific group of people plus you know whatever whatever they brought to the show to not be
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afraid even in the scariest situation should you be surprised that they're also not afraid in
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the least the least scary situation for them now of course COVID is a very scary situation for the world
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for for them specifically it's kind of the last thing they need to worry about
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let's say you're a marine and you get you get infected what what is the downside
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one week off with pay right right I mean maybe you're not where you want to be but
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it's sort of not the worst thing in the world a week off with pay all right so I'm not saying that
00:10:00.340
the Marines should or should not get vaccinated I'll leave that to them and and the medical
00:10:06.040
professionals and the military professionals there's certainly some precedent that you could
00:10:10.660
don't be surprised if it becomes mandatory I wouldn't be surprised but we'll wait on that
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if I told you we're going to develop a system a new system for the world in addition to existing
00:10:24.360
systems and then the new system would have this feature that you could be punished because a
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stranger holds a different opinion opinion right we're not talking about anybody breaking a law or
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anything like that would you agree to a system that allowed you to be punished because a stranger
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somebody you don't even know holds a different opinion than you do would you ever agree to that
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that's that's our current system that's that's the system we we sort of evolved into without
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thinking about it too much because here here's the setup
00:11:03.220
um if you have the opinion which no court has uh has upheld uh actually I can't even say this
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because uh I think I get banned from YouTube even mentioning the topic but there's a topic
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that had something to do with let's say electing and somebody you can you can guess what that might
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be and there are some people who have different opinions about let's say the the perfection of the
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system there's some people who think it was closer to perfect and other people who might have a
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different opinion now since we haven't done a fully transparent look at everything there is to look
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at both of those are opinions meaning that nobody could know they're right you couldn't know which one
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is right so it's just an opinion but our current system is that if the people who manage the various
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platforms have a different opinion than you do they can punish you by taking you off the platform
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because in the modern world that is punishment it could punish you economically it could punish you
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socially it's punishment our current system allows a stranger to punish you for having a different
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opinion now it would be one thing if their opinion was confirmed by science you know it was like two
00:12:38.220
plus two is four it's not really an opinion in that case you could imagine there's some situation where
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you know the misinformation is bad for society and they have to they have to do something about it
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but if it's a valid just difference of opinion they can punish you for your opinion current that's the
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current system well if i get punished for my opinions uh you can find me on the locals platform
00:13:03.340
subscription platform uh that's growing like crazy by the way i've got thousands of subscribers now
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and i'm giving them micro lessons on improving their life with the promise that they will get
00:13:15.720
thousands of dollars of life value per month so far people are saying that they're getting that
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so we'll see if we can keep it up all right um biden is uh is putting together a commission of uh so-called
00:13:30.960
independent scholars and whatnot to talk about court packing and other court reforms now what do you
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think of that does this mean that joe biden is in favor of court packing and he's just putting a
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commission together to cover himself so that when he does it you can say hey all these independent
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people democrats and republicans they said it'd be okay do you think that's what's going to happen
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i'm going to make a prediction and it goes like this i of course and you may have noticed have
00:14:05.700
sometimes been critical of president biden i've been critical of his let's say mental capabilities etc
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but if you wanted to kill something with bureaucracy and make it look like the the shot was fired by
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someone else you couldn't do much better than joe biden because it looks to me like joe biden is
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creating the commission specifically to not do court packing so that this is my prediction
00:14:38.160
i believe most people on the right are saying oh no this is the first step to court packing
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so he plans to do it and he's just giving some cover for himself totally possible all right so let
00:14:50.680
me say as clearly as possible i'm not ruling that out if you're just looking at the surface
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kind of looks that way it doesn't it it looks sort of like he does plan to do it so i will
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acknowledge that it looks exactly like he plans to do it i'll acknowledge that that could be
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actually literally the reality but i'm going to predict the opposite i predict that this is just
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cover so that when the scholars most of them or all of them say this is a bad idea and why
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that uh that biden will have cover for not doing it now i think he might do some other court reforms
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i don't even know what they are but there might you know it's always good to look at reforms
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here's why i think the commission will not recommend court packing
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it's kind of obvious isn't it because the next president would just court pack again and then when
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it changes parties again they court pack again why wouldn't they and then where does it stop
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how big is the court but more importantly it doesn't even matter how big the court is what matters is
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that would uh eliminate independence or even the semblance of independence of the judiciary it would
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effectively destroy the republic as it was originally conceived now now you could argue i'd like to destroy
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the republic but if you're not arguing that you would like to destroy the public the republic
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uh that's a bad idea because it would the the independence of the three branches of government
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is the most essential part of the government and this would eliminate it it would make them basically
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it would make the court a captive of the executive of office so there's no point in having a court
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if the executive office pretty much not a hundred percent but pretty much determines what they're going to
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decide before they even get a case right so i can't believe that you would even get democrats who are
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actual scholars right real scholars i'm not sure you could get a democrat scholar to buy into this
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now i was thinking the other day and uh i'm going to modify a suggestion i had a long time ago i was
00:17:09.080
thinking once wouldn't we be better off if you always made the court balanced so they actually have the
00:17:17.240
same amount of conservative leaning and right leading people and that that was my first thought
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it's like well that would be perfect because then they wouldn't make any decisions unless you could get
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at least one person to to kind of go over to the other side otherwise it would just be tie tie tie tie
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but if it was something important and the court you know really thought they need to move on it
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somebody could go over to the other side that's what i was thinking i feel now that was a terrible
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idea here's why if it's even your incentive to start trading gets really high as in well we can't get
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anything done on anything but you'd like to get this thing done you conservatives and we liberals would
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like to get this other thing passed why don't we make a deal we just need one of you to come over on
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this issue and then we'll have one of us go over on that other issue now i don't believe that the
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justices have ever had a conversation like that i mean i would like to believe that these are serious
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people who would never come close to any kind of horse trading but right now they don't have to
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what happens if they had to it would be just like congress it would just be horse trading and then
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what happens if you get that situation are they more susceptible to bribery if you take nine justices
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and expand it to any larger number have you increased or decreased or kept the same the risk of bribery or
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blackmail it's more right it's more because there are more people to bribe so there are all kinds of
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things wrong with court packing and i think and i predict that joe biden is using the bureaucracy
00:19:04.840
of the system uh basically to kill it but he might do some court reforms that you might like who knows
00:19:13.000
um south korea reportedly and i don't believe any news that comes out of i'm sorry north korea i don't
00:19:19.240
believe any news that comes out of north korea but the news is that there was some uh guy who was a
00:19:26.920
official in education who had been tasked with fixing education in some way in north korea but given no
00:19:35.640
resources to do it and i guess he made the mistake of complaining that he wasn't getting enough resources
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to do his job and the way uh kim jong-un decided to fix this was by executing him which is not funny
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just the fact that i laughed uh that's just because i'm a terrible person it's not because it's funny
00:20:00.680
let's just get that clear it's not funny i'm a terrible person
00:20:06.760
um
00:20:09.000
so
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this is what the guy said uh before they killed him
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allegedly the chairman reportedly said i don't understand why the authorities would choose to
00:20:20.440
implement the act create this commission and call busy professors away from their university jobs
00:20:26.200
if they were not going to give the commission any resources park said even if we make suggestions
00:20:32.600
they just tell us to keep our mouths shut so let's go through the motions of gathering and then go home
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he reportedly told his commission members
00:20:41.480
now doesn't that sound like every employee of a big company
00:20:46.440
you gave me this assignment but you didn't give me enough resources
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and then the pointy-haired boss just executes him so this is a case of the simulation and code reuse
00:20:58.680
kim jong-un has just become the pointy head boss pointy-haired boss
00:21:04.440
have you seen a picture of kim jong-un he is getting closer and closer to a little pointy hair thing
00:21:11.880
sort of like flatter in the middle a little bit a little bit pointy-haired
00:21:15.800
code reuse simulation all right let's uh talk about the big news of the day the uh floyd trial
00:21:24.920
and before i give you my uh my legal analysis here's the thing you need to know and hear this clearly
00:21:35.240
number one you should never get medical advice from a cartoonist number two don't take your
00:21:41.640
financial advice from cartoonists number three don't take legal advice from cartoonists all
00:21:50.200
right we're going to do this just for fun most of us are not lawyers although weirdly i have a very
00:21:55.480
large percentage of lawyers who watch this based on based on the messages i get um so you people who
00:22:02.760
are really lawyers can you um please keep me honest i'll be watching the comments as i make my
00:22:10.440
ignorant and ill-informed analysis all right are we all on the same page that what will follow
00:22:16.200
will be ignorant and uninformed but fun but fun right so i think one of the things i would like to
00:22:23.320
do is do my analysis um from a uh citizen perspective not a lawyer's perspective because
00:22:32.680
there really are two two things happening there's the the lawyers doing lawyer things and they understand
00:22:38.600
that world and they know what they're doing and that will create some kind of result but then
00:22:43.000
there's this other thing which is unfortunately bigger and more important which is how the public
00:22:47.800
is viewing it the public are for the most part not lawyers just like us most of us right so i'm
00:22:54.840
going to be talking in a way that i don't think is too far off from what this big batch of non-lawyers
00:23:01.240
will be thinking and feeling in other words very approximate and inaccurate and not really
00:23:08.040
understanding the law so i'm in that group so let's talk about that um in my opinion after watching both
00:23:18.840
the prosecution and the defense do their job yesterday uh i would say that they that the cause of
00:23:25.800
death is established that the cause of death is established now in my opinion so this is my
00:23:32.920
opinion as just a person watching it like a non-lawyer and in my opinion homicide has been established
00:23:41.000
by both the prosecution and the defense so right now the defense witness i believe has you know they
00:23:51.560
and i get the names confused of you know who's the which doctor is is saying what but um i believe
00:23:59.400
that even the defense has said that it was the police action that was the the cause and that means
00:24:08.200
homicide right so here's here's the first part i want to assert that homicide that question is now
00:24:18.680
answered and i believe that even the the jury will say to themselves okay homicide has now been proven
00:24:26.360
and what i mean by that is that the evidence for a drug overdose i think has been eliminated
00:24:33.800
because the there's nobody who testified he had pills in the stomach or that he had immediately
00:24:39.800
ingested it right before you know we had all heard that right uh hadn't we all heard that it looked
00:24:45.640
like he had taken some pills during the arrest or something but there weren't there there was no
00:24:51.320
indication that it was in his stomach so we don't have evidence that he did anything that is likely in any
00:24:59.320
realistic way to have coincidentally caused him to die from drugs at coincidentally the time the police
00:25:07.240
were holding him down right now i'm going to talk about drugs being part of the cause
00:25:12.120
you know they're part of the story for sure in my opinion um but here's what you need to know about
00:25:19.880
homicide it's not a crime did you know that how many in the comments tell me how many of you knew
00:25:31.400
that homicide is not a crime
00:25:34.440
but homicide has been demonstrated to be true it's just not a crime and he hasn't been charged with
00:25:44.760
homicide do you know why he hasn't been charged with homicide because it's not a crime right yeah
00:25:53.480
watch the comments some people are saying what the yeah that's what you should be saying i'm trying to
00:25:59.160
trigger you into saying what are you talking about how could homicide not be a crime it's not look it up
00:26:07.880
homicide simply means that a human killed somebody and killed is somewhat strictly defined you know or
00:26:17.240
let's say by precedent to mean that a human did the last thing that was like push them over the edge
00:26:25.560
so it could be that the human shot them or it could be that the human did some other kind of action that
00:26:31.240
was the the the final variable now this is really important if a human was the final variable
00:26:42.440
in the death that's homicide and i think that both the i think all of the medical people have said
00:26:49.480
that if you took away the police action um it's unlikely he would have died because what are the
00:26:56.520
odds that he somehow had an overdose without taking drugs recently like you don't really
00:27:04.360
my understanding is overdoses happen pretty quickly after you take the wrong amount of drugs
00:27:08.920
so it would be weird if he had taken the drugs hours before and then just by coincidence he happened
00:27:15.080
to have an overdose death right when the police were sitting on him i mean what are the odds so yes the
00:27:21.240
police the police action resulted in his death that's homicide all right so are we all on the same page
00:27:29.320
the homicide at least i think from the jury's perspective has been completely proven because there's
00:27:35.880
there is no medical person who says anything different there's no medical person who is saying
00:27:42.440
the cause was an overdose or the cause was his health nobody's saying that so it is homicide right again
00:27:51.480
i'm speaking as a non-lawyer just like a person just a person it's homicide but that is not illegal per
00:27:58.920
se because there were different reasons that you could be not guilty of any crime one would be self-defense
00:28:06.360
if you kill somebody in self-defense it's homicide it just doesn't happen to be illegal and i think that
00:28:14.760
shaven has one other opportunity to do homicide without being illegal and it goes like this
00:28:22.280
a reasonable person would not know that what he was doing was a a mortal danger
00:28:29.800
so if shaven chauvin whatever and his lawyers can demonstrate that a reasonable person wouldn't have
00:28:37.880
known this could kill somebody no crime is committed there has to be something in the officer's head
00:28:46.280
that gets to either intention and by the way he's not even being charged with intentionally killing
00:28:53.240
him did you know that the charge does not include any thought that he did it intentionally it's just
00:29:00.280
not even in the charges that would i think that'd be first degree right um the charge is that a reasonable
00:29:07.560
person should have known that his actions would put at least at least a risk of death so that's what
00:29:15.400
the prosecution has to show let me give you a little more detail on this here in psychology today i know
00:29:25.160
it's not a legal document but there was a writer uh barrett brogard who did a real good job of just sort
00:29:32.600
of laying out you know what the charges are so here are the charges uh he's charged with second degree
00:29:39.880
unintentional murder third degree murder and second degree manslaughter now here's a little bit more
00:29:49.960
on that now first of all is this confusing this is really confusing stuff how many people in the jury
00:29:59.000
are going to be capable of really sorting through this amount of nuance it's kind of hard you know we're
00:30:05.000
asking ordinary people to do a pretty tough task here but i think they'll take it very seriously and
00:30:11.240
and and i have at least some optimism that they'll they'll get it right um so here's what we need to
00:30:18.440
know there's nothing about intentional in the charges uh but proving second degree unintentional murder
00:30:27.240
this is what it would require showing that the defendant officer chauvin chauvin chauvin
00:30:34.040
caused the victim's death that part we know from the medical examiners or at least that's the testimony
00:30:40.040
and had specific intent to hold on inflict bodily harm short of death so was the officer trying to harm
00:30:50.280
floyd um but maybe he didn't think that would kill him but he was trying to cause him a lot of harm
00:30:56.920
and if that went too far he would be guilty of murder is that what happened well how do you treat
00:31:04.840
um a police officer who does intentional harm in the in the uh in the act of subduing somebody
00:31:14.440
don't you if you tase somebody and they die with a taser are you guilty of murder
00:31:20.200
because we know that a taser can kill people do you know what kind of people can be killed by a taser
00:31:30.040
people with weak hearts
00:31:31.720
such as i'll just pick one example of a person with a weak heart george floyd if george floyd had
00:31:40.600
been tased there was a pretty high likelihood he would have died from being tased is tasing an ordinary
00:31:50.360
thing that police do well i i hate to use the word ordinary but we see it a lot if you're a citizen
00:31:57.880
you've seen lots of footage of police tasing people and there is evidence that if you had a weak heart
00:32:04.760
and you got tased you could die there's there's some evidence a number of people have died that way
00:32:10.520
now i don't believe that this situation was taser worthy meaning that um i don't think he would
00:32:18.040
have appropriately used the taser in that case because that might have been a little bit more
00:32:22.280
i don't know that for sure but it seemed like it wasn't really called for the the police had enough
00:32:27.320
human power and floyd was sort of only half resisting it didn't look like a taser situation to me
00:32:34.440
but suppose you knew that within police procedure there's this thing called the taser
00:32:41.080
and it would have killed him or could have you know there's more risk with him
00:32:45.320
that sort of gives you a context in your head as just a citizen that police do things that can kill
00:32:53.560
people without intending to kill them that it's actually a normal fairly routine the police are
00:33:01.160
putting um let's say force on people in a variety of ways and each of those variety of ways could
00:33:08.360
actually kill somebody so i don't believe that in the context of police work holding somebody down with
00:33:15.000
the intent that it would hurt if they tried to get up it didn't look like trying to hurt him so much
00:33:21.240
as obviously trying to contain him or since we're talking about reasonable doubt a reasonable person
00:33:29.160
could say i don't know i can't read his mind i don't know if his intention to hurt him it looked like
00:33:35.400
it was in his intention just to keep him subdued so i think this part about specific intent to inflict
00:33:43.320
bodily harm short of death is not demonstrated by any evidence is it does anybody have any evidence
00:33:51.560
from anybody that would suggest we know the officer's internal mental thoughts i don't think so so it
00:33:57.640
looks like the prosecution hasn't made that case so that one is a second degree unintentional murder
00:34:04.360
so here's another one third degree murder it requires showing that the accused officer shaven
00:34:10.600
caused the victim's death and their acts were eminently dangerous and were performed with a depraved mind
00:34:20.760
now a depraved mind means that you have you're just sort of an evil person you're an evil person and you did
00:34:28.520
things that you knew put somebody in mortal danger but you did it anyway because you're just sort of a
00:34:34.920
bastard right what evidence has been presented that would show that uh chauvin has a depraved mind
00:34:46.200
none right i don't believe there's any evidence presented to that is there has anybody seen any evidence even
00:34:53.320
proposed that goes in that direction i haven't seen any um and that their acts were eminently
00:35:00.760
dangerous now this so it's even two parts because there's the word and here so i'd have to be a lawyer
00:35:07.160
to know that if you could really separate these ands but let's take it the way this writer wrote it and
00:35:13.240
say that it has to be both eminently dangerous and done with this depraved mind thing there's no evidence
00:35:20.520
of a depraved mind no motivation in in evidence etc um so eminently dangerous let's just look at that
00:35:31.000
and see what evidence we have for that now remember the standard is reasonable doubt
00:35:37.080
the standard is not we know what happened the standard is is there a reasonable doubt about the
00:35:43.560
prosecution story so let's see if there is what would uh oh this is interesting before i do that so
00:35:55.480
without anybody really making note of it the prosecution and the defense have agreed
00:36:03.800
that the video has been debunked
00:36:05.720
do you believe that is my statement true that as of yesterday both the prosecution
00:36:15.960
and the defense are on the same page on this following fact that the video has been debunked
00:36:24.760
here's what i mean up until really about yesterday a hundred percent of the world believed that his knee
00:36:32.040
was on uh george floyd's neck for nine minutes pretty much that's all anybody's talking about
00:36:40.200
his knee was on his neck for nine minutes and now both the prosecution and the defense based on witnesses
00:36:48.360
agree that wasn't the case it looked like it but it wasn't because the video shows that his his
00:36:56.440
knee was in different places and i'm saying that the prosecution agrees because they changed the way
00:37:00.840
they talked about it now they're talking about the knee and the neck area on the on the back and the neck
00:37:06.920
area they started moving it off the you know off of the artery stuff and now it's just sort of in that
00:37:12.520
area and we don't know how much pressure was on it etc so this is um although the um the fact that his knee was
00:37:24.600
not on a neck did not change the potential liability for the officer because we have medical testimony now
00:37:33.320
that wherever that knee was whether it was sort of backish or neckish both of them could have killed
00:37:40.360
him or would have been the cause of death so it's no defense apparently to say no it wasn't exactly on
00:37:47.400
the neck the whole time because the position of him with the handcuffs on on the ground with a guy on his
00:37:53.880
back uh and a bad heart and had some drugs in him he put all that together and he could have and one of
00:38:01.640
the medical people said he was killed cause of death by the knee on the neckish backish area but here's the
00:38:10.040
point it debunks the video it doesn't it doesn't defend shaven because the the new theory of death
00:38:18.680
death about the specifics of it still would make him guilty of something if he did it with this
00:38:24.200
depraved whatever and some kind of uh knowledge that it would be bad but it's important that the
00:38:32.680
defense change their entire theory in the middle of the the thing the entire world believed that the one
00:38:41.320
thing that we all believed to be true was that this damn knee was on george floyd's neck for nine
00:38:47.800
minutes and we just found out that wasn't true and even the defense is acknowledging it that's a big deal
00:38:56.760
here's why it showed that you can't tell what's happening on videos right that's the takeaway the
00:39:05.560
takeaway is we were all defense prosecution public a hundred percent of the people who saw the video
00:39:13.640
initially were all wrong about a really important point where exactly was that knee because if the
00:39:20.840
knee was on the neck the whole time suddenly that feels like you know a little bit about his intentions
00:39:26.840
right maybe you don't but it feels like you do doesn't it that feels like an intention
00:39:31.800
but if you see that he moved it around now you've got reasonable doubt but that reasonable doubt would
00:39:40.680
be removed perhaps if you thought that shaven knew that no matter where his knee was this positional
00:39:48.440
asphyxiation thing was potentially going to be fatal did he know that so um i think it's amazing that
00:39:58.680
the video has been debunked but it's still the evidence uh so here's how i would approach it if
00:40:04.760
i were the defense and again i'm not a lawyer so just assume that i don't even know what's going to
00:40:09.880
be allowable in court right it doesn't mean any of this could actually happen i'm just giving you my
00:40:15.560
human being defense not a lawyer defense i would start by saying that we live in a world in which
00:40:21.960
it is typical to see two movies on one screen and i would explain that that's a how many of you in the
00:40:31.320
jury are familiar with the laurel and yanny situation and you would see the people nervously giggle in the
00:40:39.080
jury because most of them are familiar with how easily they're fooled with the laurel and yanny and
00:40:45.080
then you say then i'd say and ladies and gentlemen of the jury you know that before you came in here
00:40:51.320
every one of us and i have to admit even the defense before we looked at the the video in detail we too
00:40:58.920
thought that knee was on his neck for nine minutes that was the movie we thought we were watching
00:41:05.560
but now that we've watched it from a number of angles and had experts testify we know that there was
00:41:10.920
another movie playing at the same time there was one that we all thought we saw and there's one that's
00:41:17.080
different so different in fact that the prosecution has changed the cause of death still they say it's my
00:41:23.320
client but a completely different mechanism of death that we're just learning now it was the video that
00:41:30.200
got us here and we've all just agreed that we didn't see it right video is bad evidence laurel and
00:41:38.360
yanny taught you that um you've probably seen a number of videos uh you know in your own experience
00:41:44.280
i don't have to mention which ones but in your own experience have you had let's say in the last year or
00:41:49.720
two have you seen anything that looked real on video and later you found out it wasn't besides this case
00:41:56.680
and most people would be yeah i can think of an example and by the way it's good hypnosis to let
00:42:02.840
them come up with their own example if you give them an example they'll fight with it and say
00:42:08.120
i'm not sure that's an example if you say have you ever seen an example where people were fooled
00:42:13.640
by video and maybe you were people will come up with their own example that they don't fight with
00:42:19.880
so that's why you you let them fill in the blank you don't you don't fill it in for them
00:42:27.000
so once i have established that the prosecution had changed their entire argument from the neck thing
00:42:33.880
to the positional thing i would say look how easily we can be fooled just to put some doubt in their
00:42:39.400
heads right and then i would say if we're trying to figure out whether derek shaven knew that he was
00:42:47.080
putting his client at risk here are the questions we must ask number one why did all the other police
00:42:54.440
officers who were in the scene not intervene well there's a number of possibilities and we don't
00:43:02.680
have it in evidence right one possibility is they were just um maybe they were timid they didn't want
00:43:10.040
to you know uh interfere with a veteran officer um one is there they were all racists every one of them
00:43:18.200
was a racist and they were just happy to see uh floyd killed i don't think that's the case but i'm just
00:43:25.320
saying all the things that are possible here's another thing that's possible did you notice that all the
00:43:31.080
police did nothing but yet all of the non-police the citizens were quite sure that he was being killed
00:43:40.120
but none of the police at least acted as if they thought that was a serious risk why would that be
00:43:49.880
well i'll give you a few possibilities one you're a bum bro um
00:43:59.720
i'll just get rid of you
00:44:00.680
if the best you could do is yell at me in all caps
00:44:08.520
um
00:44:10.760
and by the way you haven't heard my conclusion yet so i'm just i'm just saying what the defense could be
00:44:15.640
uh don't assume this is my opinion all right i'm just telling you what the defense could be all right
00:44:23.560
um so why did all the cops stand down and the non-cops thought it looked like murder here's one
00:44:29.880
possibility remember we're only going for reasonable doubt so you don't have to agree that this is the
00:44:36.120
reason you just have to agree it's one of the possible reasons and we don't know that's all i'm
00:44:42.120
going for one of the possible reasons is police are experienced and they're trained citizens are not
00:44:51.080
experienced in police stops and they're not trained the police probably are aware of the guy who
00:44:59.320
is the police trainer who testified and said that in his opinion chauvin used the least amount of
00:45:06.040
force that was the you know to get the job done and that it was not a deadly situation now is he right
00:45:16.040
or is he wrong the police trainer it doesn't matter here's why the police trainer is
00:45:25.080
a reasonable person nobody said he's crazy he's a reasonable person if you would put the police
00:45:33.720
trainer in chauvin's situation he was saying he would have acted about the same and he trains it
00:45:42.120
he not only trained chauvin but he probably directly or indirectly was involved with the training
00:45:47.320
for all of the other officers could it be that the reason people who are trained didn't get into it is
00:45:54.440
because the training told them this was safe but if you were a citizen you had not been trained by that
00:46:01.000
you've never heard this training remember they usually say they can't breathe they say they're in pain
00:46:08.120
the handcuffs are hurting their wrists they all say it it doesn't mean it's true but the public's
00:46:16.600
never had that training never had that experience so i would say that the the activity of the other
00:46:22.600
police officers the fact that not one of them would get involved suggests that police are watching a
00:46:30.280
different movie the movie they were seeing is just somebody taken down according to policy
00:46:37.880
the mood and it would be safe according to their movie the way they were trained the citizens were
00:46:43.320
seeing somebody with uh with a neck with a knee on their neck for nine minutes as the lights were going
00:46:49.320
out and in his life they were watching a different movie so to imagine that these people viewed the same
00:46:57.400
incident is just not true they weren't viewing the same incident it was the same facts but the way they
00:47:04.600
they filtered it had to be different one was filtered through training and experience one was filtered
00:47:09.960
through no training and experience
00:47:14.280
so there's some reasonable doubt right there now what about the way shaven himself acted do you think
00:47:22.360
that if he believed that he was putting floyd in mortal danger that he would have continued to do it in
00:47:28.680
front of lots of witnesses in front of other police cameras going could shaven have reasonably believed
00:47:38.360
that putting himself just the officer himself in a situation where witnesses would watch him end the life
00:47:46.200
of a black man who's on the ground do you think that shaven thought that there would be no consequences
00:47:54.440
if something bad happened to floyd in that situation not reasonably no reasonable person would think that he
00:48:02.040
would be you know just go about his day if floyd died is there any evidence that shaven is a sociopath
00:48:10.920
i don't believe so i don't believe there's any evidence that he's some kind of weird sociopath
00:48:17.640
how would you feel if you if you held somebody down and they died how would you feel it would ruin your
00:48:27.480
frickin life if you killed somebody accidentally you would never get over that even if you're a cop
00:48:35.080
right cops are a little tougher right they've seen more things they've got training but even a cop it's
00:48:40.760
going to ruin his frickin life if he accidentally kills a guy because he had his knee on him for nine
00:48:46.280
minutes right so is it reasonable to imagine that even shaven shaven knew that he was putting this guy in
00:48:54.680
that much danger when his trainer would have done the same thing the police around him apparently either
00:49:02.760
didn't intervene or would have done the same thing now you could ask yourself should he have known
00:49:11.640
and that would be an interesting question but i don't think it would be legally
00:49:17.560
useful because all you have to demonstrate is that a reasonable person in that same situation
00:49:23.960
would have acted the same way a reasonable person and we have that proof because the trainer acted the
00:49:31.000
same way and all of the other police officers acted the same way everybody who had similar training
00:49:38.200
everybody acted the same way and everybody who didn't have that training acted a different way
00:49:45.240
two movies on one screen with a perfect explanation of why people are seeing the movie differently
00:49:51.160
all right um there's also the issue that the crowd was threatening and apparently police procedure is that
00:50:01.080
you take care of the threat to the officers first and then you treat anybody who might be having medical
00:50:07.240
problems you could argue that it shouldn't be that way but it is that way and that's exculpatory too
00:50:14.840
but here's the interesting thing oh so here are two kinds of demonstrations that the um the the defense
00:50:23.160
could do now i don't know if these would be allowed right so there's a question of what the judge allows
00:50:28.680
but imagine the defense attorney takes in a bathroom scale puts it on the floor during closing arguments
00:50:35.640
gets down on two knees one knee on the bathroom scale and one knee on the floor what do you think the scale
00:50:42.280
would register as weight assuming that you're you're trying to not put your full weight on the the the
00:50:49.720
down knee what what would be the weight it would well have you tried it i tried it this morning
00:50:57.080
i i put down it looks like somebody tried it because they've already because they have a number there so
00:51:02.600
with me it was around 50 pounds all right so i my weight is uh probably 158 something like that
00:51:12.200
shaven was 140 so not too far out of the the range and my mine was about 50 pounds okay so one demonstration
00:51:22.280
is just having somebody get down and about the same size as shaven or have shaven himself i guess you
00:51:28.680
could have him do it himself just get down on the on the thing and show that it looks like about 50
00:51:33.640
pounds at minimum now does that mean that shaven was giving him only 50 pounds of pressure or could he
00:51:42.280
have been leaning right into it it'd be hard to tell in the video but it gives a reasonable doubt
00:51:49.080
because now you're not sure was he putting you know 140 pounds on it or is he putting 50 pounds on it
00:51:55.640
because george floyd was a big guy right let me ask you this well actually let's take the next example
00:52:03.880
first the other thing and i don't think this would necessarily be allowed by the judge but you can
00:52:09.000
imagine the defense attorney giving his closing arguments on handcuffed and on his uh stomach while
00:52:17.640
three people were sitting on him and he just you know talks through it you know so so he could
00:52:23.240
demonstrate it that way but let me tell you the most persuasive way to do a demonstration one of the
00:52:30.440
things that the that the video lies about is the sizes of the people involved remember you know a
00:52:38.600
picture doesn't lie yes it does pictures lie better than than anything there's nothing that lies better
00:52:44.760
than a picture pictures are the best way to lie um but one of the things that the video doesn't give you
00:52:51.720
when you're seeing george floyd's head basically and then you're seeing shaven you can't tell how big
00:52:58.120
either of them are floyd was like six uh six four and you know probably 200 something and he was big
00:53:06.760
strapping youngish guy shaven was 140 pounds and five eight i think five eight so if you did your
00:53:16.600
demonstration in the courtroom and you were trying to show the jury what they didn't necessarily see
00:53:22.520
on video somebody says six six and 240 pounds um i could say that it's somewhere in that range um
00:53:34.680
so here's how you do the demonstration in the court you would get a very large wait for it white man
00:53:43.000
to play george floyd got to be white but about the same size about the same age big healthy looking
00:53:53.000
muscular youngish big white guy then you get three black guys who are about 140 pounds
00:54:02.440
to play the role of the police officers and then you could see that there was a big difference between
00:54:08.680
the people on top and the person that they were subduing because imagine um imagine the
00:54:17.160
the jury is seeing the actual dimensions of the people which you can't tell on the video it doesn't
00:54:22.680
show you right somebody thinks i'm a right-wing shill
00:54:30.280
um if anybody's new to this i'm left of bernie and i don't identify with too many things that you
00:54:39.240
would call right wing uh so do your homework don't be a fucking bitch learn something about me before you
00:54:49.000
before you criticize okay just just don't be a bitch about it just try to up your game a little bit
00:54:55.320
criticism is fine you're welcome to criticize but just get a little bit of information before you do it
00:55:01.800
because if you're criticizing without even knowing who i am you're just being a bitch so don't be that okay
00:55:09.720
all right uh and it is fair and interesting to talk about the trial and how it will go this is not a political thing
00:55:17.320
it's legal thing and it's interesting it's also a prediction thing let you know where things are going all right
00:55:23.560
so if you did that demonstration i think people would see it and if you reversed the ethnicities
00:55:29.640
of the people involved it would really mess up the brains of the jury because then they would see with
00:55:35.960
their own eyes that race had influenced them you want the jury to know that the races of the people
00:55:44.120
involved biased them and the way to do it is give a demonstration where you reverse the races
00:55:49.720
and nobody would give a fuck if a if a four if a 140 pound black police officer put his knee for nine
00:56:00.520
minutes on a 240 pound strapping six foot six white guy on the ground nobody would give a fuck right
00:56:12.120
and and i'm not saying that has anything to do with racism it has to do with um there's a natural
00:56:20.120
there's a natural what would you call it revulsion toward the powerful beating up the less powerful
00:56:27.320
it's a natural revulsion and you you can even be a racist and you'd have the revulsion right because
00:56:34.920
when you see somebody in power doing something bad to somebody who you know you think is a group that has
00:56:41.240
no power that's way worse than if you reversed it and the person getting hurt is the powerful one in in
00:56:48.360
other situations right and reversing the ethnicities to do your demonstration you wouldn't have to say
00:56:54.840
any of that the people in the jury would get it they would say why did this seem so bad when the
00:57:01.640
races were the other way and the answer is it is worse when the races are the other way that's not
00:57:08.280
not it's not um it's not an illusion it is worse when when the powerful are squishing the less powerful
00:57:17.960
that's worse but that doesn't change the legal liability the fact that it feels worse and is
00:57:25.960
worse it is worse right i won't even say it feels worse it's just worse you know squashing the less
00:57:31.480
powerful is just the worst but it's not worse from a legal perspective it's no worse from the legal
00:57:40.840
perspective and this is the context so um
00:57:48.520
let's see
00:57:52.680
here's a question i have if you if it takes three things to kill somebody which one is the cause of
00:57:59.320
death so the defense's witness said that the death was caused by a a collection of three things
00:58:10.600
that he had a bad heart he was on drugs which can change your breathing and breathing was the issue
00:58:18.680
and the police officers put him in a position that restricted his breathing now legally that's homicide
00:58:27.720
as i said and legally it puts the last action as the cause the last action was the police
00:58:35.320
so technically legally the way definitions work the way the law works the cop killed him doesn't mean
00:58:42.680
it's illegal because he maybe didn't know it but the uh the important thing here is that your common
00:58:52.040
sense about this is a little different than how the law treats it and necessarily right that doesn't
00:58:57.400
mean anything's broken my common sense goes like this if it took all three of those things to kill him
00:59:06.200
they were all the cause i get that the last thing that happens always looks like the cause but that's an
00:59:14.040
illusion it required all three things or at least wait for it there's a reasonable doubt that he would have
00:59:23.320
died without the first two things is there anybody who testified that if he did anybody testify that it's
00:59:33.640
we could know he would have died short of having a heart problem and the drug problem you kind of don't know
00:59:41.400
if you took those other two things away the drugs that affects your breathing the heart that affects your
00:59:48.040
breathing and then he died because he couldn't breathe i don't know i feel like i get that one
00:59:56.360
has to be the cause it's just the last thing that happened but our common sense says three things killed
01:00:04.360
him because if you took away any of those one any one of the three he'd probably be alive right if the
01:00:10.760
police hadn't stopped him i think he'd be alive if he didn't have a heart problem don't know but there's a
01:00:16.920
good chance he'd be alive if he hadn't done drugs don't know if it made a difference for sure but
01:00:23.240
there's a good chance so we're only talking about reasonable doubt right that's pretty reasonable in
01:00:29.400
the doubt category i would say especially when we know that tasing can actually kill you if you have a
01:00:35.000
heart like george floyd's actually i shouldn't say that that would be a little bit too much medical
01:00:41.640
certainty but say somebody has a weak heart would be in trouble um
01:00:49.240
so let's see what else we got here all right that's enough for that so my my take on it is
01:00:55.400
that uh the news will be so far the news is reporting this the news is reporting that uh
01:01:03.560
homicide has largely been demonstrated what they don't tell you is what i just told you
01:01:08.920
that that doesn't mean it's a crime watch how illegitimate the press is when they uh
01:01:16.520
when they describe the homicide without telling you that's not illegal by itself they won't tell
01:01:23.080
you that you will be led to believe that proving it was homicide which i believe has been proven and
01:01:29.800
to my satisfaction anyway they're going to tell you that that's the same as murder by sort of just
01:01:36.600
talking about it the same way they won't say it directly they'll just conflate murder with homicide
01:01:43.320
until you can't tell the difference and you want to riot over it that's what that's where it's going
01:01:48.360
speaking of uh propaganda let me give you two sentences and you tell me which one of these is
01:01:54.680
propaganda and which one of these is just an accurate statement we'll take a hypothetical
01:02:01.880
hypothetically let's say there was a congress person who had been charged with something
01:02:08.360
and there were two ways to describe this thing they had been well not not charged with let's say
01:02:12.680
accused let's say there's a congressman who's merely been accused of something no trial he's been
01:02:18.520
accused of something and uh there are two ways to say it one way goes like this the congressman
01:02:27.160
congressman is accused of having sex with a minor here's the second way to say it and both of these
01:02:34.360
will be true the congressman has been accused of having sex with a 17 year old which one of those is
01:02:42.440
propaganda and which one of those is just the news which one did cnn say cnn always says sex with a minor
01:02:54.200
right and they're trying to trap you into saying wait a minute 17 is not so bad oh what did you say
01:03:07.080
pedophile it's a trap so uh somebody says the first one yeah so when you see propaganda like that
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where the the first thing that you say is the thing people remember now i think i saw jake tapper
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say he was accused of having sex with a minor and then clarified a 17 year old
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wouldn't it be better to say he was accused of having sex with a 17 year old who's technically a minor
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do those sound the same to you because one of them is trying to get a result and the other one is
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describing what happened i would say and by the way if you have two ways to describe something and
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it's only an allegation you do have a social responsibility to use the description that doesn't
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make him look guilty because there's not even a there's not even a charge much less a court case we
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don't even have a victim and they're already talking about him like he's guilty without a
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victim meaning we don't we don't know there's a real person yet if there ever is all right
01:04:23.960
nate silver was hilarious and a tweet you should be following nate silver uh he does a better job of
01:04:31.000
sticking with the uh the data and out of the politics than most people yeah and here's what he
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he tweeted and this i laughed for like a long time over this he goes uh 54 of people who have
01:04:44.200
already been vaccinated are still very or somewhat worried about catching covet and but only 29 of
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people who refuse to get vaccinated are very or somewhat worried about catching covet and then here's
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his punchline great job everyone that's like a perfect punchline great job everyone it's so droll
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basically it doesn't matter what you do you're going to be unhappy i guess
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uh one way or another you'll be unhappy all right uh there's a video that i think youtube
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took down but i i saw it i don't know i'm not sure how it took down it is since i saw it but uh
01:05:32.440
there's this dr cole who's made a couple of claims and i want to run them by you because i don't know
01:05:37.560
that they're true and he said the following so fact checking you on this he said all super spreader
01:05:43.400
events have been indoors can somebody fact check that first of all i'm not sure we know where all the
01:05:50.360
uh super spreader events have been because i'm not sure you'd know there was a super spreader event
01:05:56.760
you just know a lot of people are infected um but is that true that uh all super spreader events have
01:06:04.920
been indoors because that would be a pretty big deal yeah all known so the problem is whether that's
01:06:11.960
just the ones that are known here's the other uh thing he said which i have much lower opinion of
01:06:19.160
its credibility he he said there's no such thing as flu and cold season there's only low vitamin d
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season in other words he's saying that in some seasons your vitamin d is low and that's why you
01:06:31.880
catch things that you wouldn't normally catch otherwise do you buy that here's here's the problem
01:06:38.840
with the vitamin d thing and you might remember that you know a year ago i was making all kinds of
01:06:44.360
noise about the fact that it looked like vitamin d was the the big correlation here it just seemed to
01:06:50.120
be that where there was lots of vitamin d people had better results and i didn't know that that was
01:06:57.080
uh anything but a coincidence but it was worth looking at and i still think that you have to be careful
01:07:03.720
about that correlation because people who are old and sick have low vitamin d it could be just another
01:07:11.160
way to know you're old and sick it doesn't have to necessarily um yeah yeah it doesn't necessarily
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have to be the the vitamin d works it could just be a correlation that sick people don't have much
01:07:25.960
vitamin d but that said i'm still going to keep my vitamin d up because it's good for you in general
01:07:32.920
here's my next speculative question we've all been told that herd immunity
01:07:38.120
is when you get to you know 70 80 percent or whatever i think this virus they're thinking
01:07:44.120
it's higher because it's so spready but does the herd immunity number in that 70 range does
01:07:54.120
that make sense when your virus attacks certain parts of the population and leaves others largely
01:08:00.920
unhurt and when only the only people who are super spreaders are the people who are pretty sick and
01:08:08.840
obese and they're the ones who are getting vaccinated first it seems to me that the idea of herd immunity
01:08:17.400
that made sense for all other things doesn't make sense in this case and what i'm saying is that and
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this is just speculation right so don't take this as anything you should believe more of a question
01:08:30.520
i guess even question if you were to uh let's say hypothetically you vaccinated everybody over 70
01:08:39.800
and everybody over 50 who's obese and i think we could do that right that or at least you get almost
01:08:48.280
all of them everybody else could still get the virus and it could rage through the rest of the community
01:08:56.040
but there wouldn't be any super spreaders right how fast does this virus spread if you could snap
01:09:05.400
your fingers and the only kind of spread was the one-to-one type and that's it and the the person's
01:09:12.040
getting it never got sick because let's say they're they're young or whatever they are um
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i don't know that 70 is necessary i think it's more like getting all the super spreaders and then
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maybe it takes care of itself i don't know just a question i have a second question
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is there anything like micro immunity so we've heard that the the amount of the viral load you get
01:09:43.240
has a lot to do with how sick you get you know that plus your natural health so what would happen to a
01:09:50.360
perfectly healthy person who is exposed to just a little bit of virus could they beat the virus without
01:09:59.880
getting symptoms and become sort of micro immune
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and you get to herd immunity just because they were exposed but maybe they don't even test could
01:10:13.080
could you have uh could you test negative for covid but have antibodies is that a thing
01:10:21.400
i don't know and if you can't get covid outdoors and we don't think you get it on airplanes enough to
01:10:32.360
stop flights where the hell are you getting it you know i've i have this uh this theory that i've never
01:10:40.040
said before let's say hypothesis that it's a sexually transmitted problem i'm just going to put that out
01:10:47.560
there i just have a theory that it might be sexually transmitted
01:10:54.840
i'm only kidding about that but uh but when you see the kids are not having bad problems and
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the seniors are uh there's actually a there is rampant sex in old folks homes and nursing homes a lot
01:11:09.160
a lot of people don't know that but there is pretty rampant unprotected sex among seniors
01:11:17.720
all right that's all i got to say for today and i'll talk to you tomorrow
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