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
Summary
Drinking coffee in moderation reduces your risk of heart disease, cancer, and all sorts of other bad things, but what happens when you start drinking it by the gallon all the time? Well, you get sick of it.
Transcript
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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
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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
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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
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versus Kong is actually pretty good I'm surprised I can't believe honestly I can't even imagine how that
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movie could be good here's a spoiler for the uh King Kong and Godzilla movie so if if you're going to
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watch the movie I haven't watched the movie I haven't watched it so I'm going to give you a spoiler
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for the movie having never watched it and never heard anything about it all right this hand is Godzilla
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this hand is King Kong I will now show you the entire movie Godzilla versus King Kong
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the end that is the entire movie and I believe I've saved you a little bit money there and also a
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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
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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
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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
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the Marines should or should not get vaccinated I'll leave that to them and and the medical
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professionals and the military professionals there's certainly some precedent that you could
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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thinking once wouldn't we be better off if you always made the court balanced so they actually have the
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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
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of the system uh basically to kill it but he might do some court reforms that you might like who knows
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um south korea reportedly and i don't believe any news that comes out of i'm sorry north korea i don't
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believe any news that comes out of north korea but the news is that there was some uh guy who was a
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official in education who had been tasked with fixing education in some way in north korea but given no
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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
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let's just get that clear it's not funny i'm a terrible person
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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
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implement the act create this commission and call busy professors away from their university jobs
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if they were not going to give the commission any resources park said even if we make suggestions
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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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now doesn't that sound like every employee of a big company
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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
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kim jong-un has just become the pointy head boss pointy-haired boss
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have you seen a picture of kim jong-un he is getting closer and closer to a little pointy hair thing
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sort of like flatter in the middle a little bit a little bit pointy-haired
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code reuse simulation all right let's uh talk about the big news of the day the uh floyd trial
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and before i give you my uh my legal analysis here's the thing you need to know and hear this clearly
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number one you should never get medical advice from a cartoonist number two don't take your
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financial advice from cartoonists number three don't take legal advice from cartoonists all
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right we're going to do this just for fun most of us are not lawyers although weirdly i have a very
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large percentage of lawyers who watch this based on based on the messages i get um so you people who
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are really lawyers can you um please keep me honest i'll be watching the comments as i make my
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ignorant and ill-informed analysis all right are we all on the same page that what will follow
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will be ignorant and uninformed but fun but fun right so i think one of the things i would like to
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do is do my analysis um from a uh citizen perspective not a lawyer's perspective because
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there really are two two things happening there's the the lawyers doing lawyer things and they understand
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that world and they know what they're doing and that will create some kind of result but then
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there's this other thing which is unfortunately bigger and more important which is how the public
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is viewing it the public are for the most part not lawyers just like us most of us right so i'm
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going to be talking in a way that i don't think is too far off from what this big batch of non-lawyers
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will be thinking and feeling in other words very approximate and inaccurate and not really
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understanding the law so i'm in that group so let's talk about that um in my opinion after watching both
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the prosecution and the defense do their job yesterday uh i would say that they that the cause of
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death is established that the cause of death is established now in my opinion so this is my
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opinion as just a person watching it like a non-lawyer and in my opinion homicide has been established
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by both the prosecution and the defense so right now the defense witness i believe has you know they
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and i get the names confused of you know who's the which doctor is is saying what but um i believe
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that even the defense has said that it was the police action that was the the cause and that means
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homicide right so here's here's the first part i want to assert that homicide that question is now
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answered and i believe that even the the jury will say to themselves okay homicide has now been proven
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and what i mean by that is that the evidence for a drug overdose i think has been eliminated
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because the there's nobody who testified he had pills in the stomach or that he had immediately
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ingested it right before you know we had all heard that right uh hadn't we all heard that it looked
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like he had taken some pills during the arrest or something but there weren't there there was no
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indication that it was in his stomach so we don't have evidence that he did anything that is likely in any
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realistic way to have coincidentally caused him to die from drugs at coincidentally the time the police
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were holding him down right now i'm going to talk about drugs being part of the cause
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you know they're part of the story for sure in my opinion um but here's what you need to know about
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homicide it's not a crime did you know that how many in the comments tell me how many of you knew
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but homicide has been demonstrated to be true it's just not a crime and he hasn't been charged with
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homicide do you know why he hasn't been charged with homicide because it's not a crime right yeah
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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
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homicide simply means that a human killed somebody and killed is somewhat strictly defined you know or
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let's say by precedent to mean that a human did the last thing that was like push them over the edge
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so it could be that the human shot them or it could be that the human did some other kind of action that
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was the the the final variable now this is really important if a human was the final variable
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in the death that's homicide and i think that both the i think all of the medical people have said
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that if you took away the police action um it's unlikely he would have died because what are the
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odds that he somehow had an overdose without taking drugs recently like you don't really
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my understanding is overdoses happen pretty quickly after you take the wrong amount of drugs
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so it would be weird if he had taken the drugs hours before and then just by coincidence he happened
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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
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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
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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
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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
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a reasonable person would not know that what he was doing was a a mortal danger
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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
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that gets to either intention and by the way he's not even being charged with intentionally killing
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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
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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
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of laying out you know what the charges are so here are the charges uh he's charged with second degree
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unintentional murder third degree murder and second degree manslaughter now here's a little bit more
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on that now first of all is this confusing this is really confusing stuff how many people in the jury
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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
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and and i have at least some optimism that they'll they'll get it right um so here's what we need to
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know there's nothing about intentional in the charges uh but proving second degree unintentional murder
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this is what it would require showing that the defendant officer chauvin chauvin chauvin
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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
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floyd um but maybe he didn't think that would kill him but he was trying to cause him a lot of harm
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and if that went too far he would be guilty of murder is that what happened well how do you treat
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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
00:31:31.720
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
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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
00:36:05.720
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
00:44:00.680
if the best you could do is yell at me in all caps
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
00:47:14.280
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
00:57:52.680
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
01:03:18.360
where the the first thing that you say is the thing people remember now i think i saw jake tapper
01:03:24.840
say he was accused of having sex with a minor and then clarified a 17 year old
01:03:32.760
wouldn't it be better to say he was accused of having sex with a 17 year old who's technically a minor
01:03:40.840
do those sound the same to you because one of them is trying to get a result and the other one is
01:03:48.040
describing what happened i would say and by the way if you have two ways to describe something and
01:03:55.160
it's only an allegation you do have a social responsibility to use the description that doesn't
01:04:02.200
make him look guilty because there's not even a there's not even a charge much less a court case we
01:04:09.640
don't even have a victim and they're already talking about him like he's guilty without a
01:04:14.760
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
01:04:37.560
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
01:04:52.920
people who refuse to get vaccinated are very or somewhat worried about catching covet and then here's
01:04:58.760
his punchline great job everyone that's like a perfect punchline great job everyone it's so droll
01:05:11.000
basically it doesn't matter what you do you're going to be unhappy i guess
01:05:17.400
uh one way or another you'll be unhappy all right uh there's a video that i think youtube
01:05:24.520
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
01:06:25.320
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
01:07:20.680
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
01:08:24.280
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
01:09:21.080
i don't know that 70 is necessary i think it's more like getting all the super spreaders and then
01:09:27.880
maybe it takes care of itself i don't know just a question i have a second question
01:09:32.680
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
01:10:07.160
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
01:11:02.200
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