The Matt Walsh Show - Ep. 1499 - This Could Be the Beginning of the End for Gender Ideology

00:00:00.000 Today on the Matt Wall Show, I was outside the Supreme Court yesterday as they heard arguments in a case stemming from the law in Tennessee banning child castration.

00:00:06.420 The whole scene, what happened outside the court and also inside, shows that the gender ideologues are definitely losing, and we'll talk about it.

00:00:12.560 Also, the Women's Golf League finally bans males from competing, but why did it take this long?

00:00:17.260 And the prosecutor in the Daniel Penny case went easy on a guy who murdered an elderly man at an ATM because she felt sorry for the emotional trauma he'd suffered in the past.

00:00:26.400 So why doesn't she have any of that sympathy for Daniel Penny?

00:00:28.560 We'll talk about all that and more today on the Matt Wall Show.

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00:01:04.660 Don't wait. This deal ends soon. Head to dailywire.com slash cyberweek and join the fight today.

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00:02:11.260 The Supreme Court held oral arguments yesterday in one of the most important cases in this country's history.

00:02:16.840 It's a case that will decide whether, under the U.S. Constitution, states are allowed to outlaw child sterilization and mutilation in the name of gender ideology.

00:02:25.540 Now, in any other generation, this question would not have made it to the Supreme Court in the first place.

00:02:29.940 The question itself would have been bewildering to anyone who heard it for the simple reason that sterilizing, castrating, and mutilating children is one of the greatest evils imaginable.

00:02:38.120 Even some of the most barbaric civilizations throughout history wouldn't even contemplate it.

00:02:43.560 You don't need a law degree to understand that. You don't need a convoluted analysis under the Equal Protection Clause of the Constitution.

00:02:49.260 You just need to be a moral person. You need to be sane and have a basic working understanding of human biology.

00:02:55.240 Now, one of the main reasons that we've come to this point is that trans activists have successfully intimidated everyone else into silence. 0.85

00:03:01.600 Trans activists aren't capable of making coherent or rational arguments in defense of child butchery because child butchery is indefensible. 1.00

00:03:09.980 But they're very capable of shouting down anyone who opposes their ideology.

00:03:13.980 And predictably, that's what they tried to do to me when I spoke yesterday at the rally outside the Supreme Court.

00:03:19.280 Here's part of my remarks in front of the Capitol, just to give you an idea of what the scene was like. Here it is.

00:03:26.040 This case is about the rights of children. It's about the right of a child to be protected from the gender butchers. 0.98

00:03:33.700 That's what it's about. Children have the constitutional right, the human right, the God-given right to live and grow and learn about themselves and the world

00:03:41.900 without being indoctrinated and exploited by people who reject the fundamental realities of existence.

00:03:48.920 Children have a right to go through phases, to have moments of confusion and discomfort in their own bodies,

00:03:54.680 just like every generation of children before them, without that confusion being seized upon as a pretense to do irreparable harm to their bodies.

00:04:03.840 Now, as you can probably tell, trans activists were shouting into megaphones the entire time that I was speaking.

00:04:08.740 It happened to the other speakers, too. They were doing it the whole time.

00:04:10.980 And the trans activists showed up in large numbers outside the court with the intention of making it difficult for us to speak and be heard.

00:04:18.040 And that's what I expected would happen. It is what happened.

00:04:22.340 Leftists are very good at mobilizing protesters to show up and be as obnoxious as possible.

00:04:27.380 They're certainly much better at that than we are.

00:04:30.120 But they're still losing this fight.

00:04:33.160 They're losing in the state legislatures. They're losing in the culture.

00:04:36.820 And after yesterday's oral arguments, it's pretty clear that they're about to lose in the Supreme Court as well.

00:04:42.260 Every indication we have at this point is that a majority of the justices will vote to uphold Tennessee's ban on child mutilation.

00:04:48.760 And if that happens, it won't just protect millions of children in Tennessee and many other states have implemented similar bans.

00:04:54.260 We'll also clear the way for a national ban on these grotesque practices,

00:04:57.340 which have ruined the lives of untold numbers of children.

00:05:02.000 The reason we can be confident in the outcome of this case is that one by one,

00:05:07.040 each of the arguments from the Biden DOJ and the ACLU collapsed under questioning from the conservative justices in the majority.

00:05:13.780 And when the liberal justices tried their best to defend gender ideology,

00:05:18.000 somehow they only managed to make matters even worse.

00:05:19.920 And we predicted that something like this would happen when they can't shout you down,

00:05:24.020 when they actually have to construct arguments and respond to objections.

00:05:27.780 Trans activists tend to fall apart pretty quickly.

00:05:30.780 And that was the case for the ACLU's lead attorney in this case, Chase Strangio,

00:05:36.960 a female who, quote, identifies as a man.

00:05:39.840 And to give you some idea of the kind of person Chase Strangio is,

00:05:44.500 she's posted a variety of emotionally charged, unhinged content on social media over the years,

00:05:49.460 including this video in which she declared F the court.

00:05:53.040 So she's not exactly out of central casting for the job of arguing in front of the court. 0.96

00:05:58.920 Watch.

00:06:00.340 So for pride, let us recognize that reproductive justice is trans justice, is queer justice.

00:06:09.060 Our liberation is not going to come from the courts.

00:06:12.480 It is not going to come from Congress.

00:06:14.740 It is going to come from us.

00:06:16.300 It's going to come from our histories of knowing exactly how to take care of each other, 0.99

00:06:21.000 how to get each other health care, how to say unjust laws, and fuck this court, quite frankly. 0.97

00:06:28.600 Because that's not where justice is going to live. 0.98

00:06:31.240 So I am excited to be out here with all of you.

00:06:34.080 I'm excited to build upon the histories of liberation and resistance that have been centuries in the making.

00:06:40.700 So this is the esteemed orator that the ACLU selected to argue in front of the Supreme Court yesterday.

00:06:49.400 Someone who says F the court and then uploads it on social media.

00:06:53.740 Now, in case it's not obvious, this is yet another DEI selection.

00:06:57.460 Chase Strangio identifies as trans, so they put her up there to get a headline out of it.

00:07:01.580 She's the first trans attorney to argue at the Supreme Court and so on. 0.97

00:07:07.560 That's the logic.

00:07:08.600 And it didn't go very well.

00:07:10.180 Like all DEI hires, Chase Strangio crashed and burned multiple times.

00:07:16.180 At one point during oral arguments, for example, Justice Alito pressed Strangio on a question of whether so-called gender-affirming treatments

00:07:23.740 actually helped prevent suicides in children.

00:07:26.220 And this is a question that goes to the very heart of the trans agenda as well as the merits of the case.

00:07:31.580 A core argument in the ACLU's petition that was filed with the Supreme Court is that child sex changes are necessary because they save lives.

00:07:39.740 It's also one of the most common refrains we hear from trans activists all the time.

00:07:43.180 This is a life-saving medicine, they say.

00:07:46.600 They use that line, would you rather have a living son or a dead daughter,

00:07:49.620 implying that it's better to castrate a child than lose that child to suicide.

00:07:52.620 This is maybe their number one argument, in fact.

00:07:58.340 Now, they don't use this line because it's accurate or grounded in reality.

00:08:01.540 They use it because it's often very effective.

00:08:03.600 It's a tool of emotional blackmail, and it works where it has in the past.

00:08:09.400 And if you don't challenge the premise of the question, which is false, you might fall for it and give the trans activists what they want. 0.72

00:08:15.940 But Alito didn't accept the false premise, and Strangio had no follow-up, had no way of dealing with that.

00:08:21.280 Instead, she admitted that there's no evidence that child sex changes, quote-unquote, actually reduce the number of suicides in children.

00:08:30.240 A pretty remarkable moment. Watch.

00:08:32.740 But on page 195 of the Cass report, it says,

00:08:36.220 there is no evidence that gender-affirmative treatments reduce suicide.

00:08:42.960 What I think that is referring to is there is no evidence in the studies that this treatment reduces completed suicide.

00:08:52.760 And the reason for that is completed suicide, thankfully and admittedly, is rare.

00:08:57.000 And we're talking about a very small population of individuals with studies that don't necessarily have completed suicides within them.

00:09:04.500 However, there are multiple studies, long-term longitudinal studies, that do show that there is a reduction in suicidality,

00:09:12.920 which I think is a positive outcome to this treatment.

00:09:16.800 So this is what always happens when trans activists have to answer a follow-up question.

00:09:22.620 Every single time, this is what you get.

00:09:24.260 They'll make some outrageous claim, and then you ask for evidence, and they don't have any.

00:09:28.540 They'll shout you down if they can.

00:09:30.760 Or in this context, because they can't shout you down at the Supreme Court,

00:09:34.540 they're forced to admit that they were lying, that it's not true.

00:09:37.860 And again, you can't emphasize enough, this is one of the key claims of their whole case,

00:09:43.460 that the lawyer arguing the case just admitted was false.

00:09:47.880 Now, what happened here is that Justice Alito noticed that the ACLU barely mentioned the CAST report

00:09:52.500 in their brief before the court.

00:09:54.660 They put the CAST report in a footnote and didn't address it in any meaningful way.

00:09:59.540 So Alito picked up on the fact that they wanted to bury the evidence they didn't like.

00:10:03.100 And then they were called out on it, and they had to admit that the CAST report was devastating

00:10:08.700 to their whole argument.

00:10:10.520 Here we have the ACLU's lead attorney admitting that, according to the data,

00:10:15.520 so-called gender-affirming care doesn't actually reduce the rates of suicide among young people.

00:10:21.580 So what does this gender-affirming care, quote-unquote, accomplish?

00:10:26.540 Chase Strangio goes on to claim that it reduces the number of young people who say they want to kill

00:10:30.500 themselves, but it doesn't really make sense either.

00:10:33.100 I mean, if you really did have some magical treatment that greatly reduced the number of people

00:10:37.280 who say they want to kill themselves, you'd think that naturally the number of suicides

00:10:41.200 would go down too, but apparently that's not happening.

00:10:44.240 It's enough to make you wonder if anything this Chase Strangio person is saying is remotely true.

00:10:50.740 It also raises questions about how exactly we're measuring the suicidality of young people.

00:10:55.420 But even if this new argument did somehow make sense, it's still a massive retreat from the previous

00:11:04.220 position of the Biden DOJ, the ACLU, trans activists.

00:11:08.320 They claimed for years that child sex changes were necessary because they were life-saving,

00:11:14.760 and now they're finally admitting that they have no evidence to support that contention.

00:11:19.780 They expected us to believe in absurdity that disfiguring a child would save his life somehow

00:11:24.460 on the basis of statistics and expert opinions that they were completely fabricating.

00:11:29.740 This was a devastating moment for the ACLU.

00:11:34.400 The DOJ and the trans agenda also, in general, a devastating moment. 0.96

00:11:38.300 And the reason the ACLU and the Biden DOJ are almost certainly going to lose this case,

00:11:44.760 although we don't want to count our chickens before they hatch, but it looks very likely that

00:11:50.400 they're going to lose, is that the Supreme Court in its current makeup is reluctant to override

00:11:55.740 the democratic will of the voters on account of experts and data that are clearly unreliable,

00:12:00.560 if not totally invented.

00:12:02.820 And what Strangio just admitted is that the experts and the data are indeed highly unreliable,

00:12:06.760 if not outright lies.

00:12:09.280 In his questions during oral arguments, John Roberts made it clear that this is a big problem

00:12:14.180 for the government's case.

00:12:15.500 The alleged consensus among medical organizations on this issue has collapsed, largely because

00:12:20.540 of countries like Sweden and the UK.

00:12:22.060 And that makes it very hard for the Supreme Court to overturn the democratic will of the

00:12:25.900 people.

00:12:26.200 Justice Kavanaugh made the same point.

00:12:28.360 Listen.

00:12:30.040 If it's evolving like that and changing, and England's pulling back and Sweden's pulling

00:12:35.380 back, it strikes me as, you know, pretty heavy yellow light, if not red light, for this

00:12:41.580 court to come in, the nine of us, and to constitutionalize the whole area when the rest of the world,

00:12:49.040 or at least the people who, the countries that have been at the forefront of this, are, you

00:12:54.700 know, pumping the brakes on this kind of treatment because of concerns about the risks.

00:13:01.820 That's a good way of putting it.

00:13:03.040 And that's what the ACLU and the Biden administration wants.

00:13:06.480 As Kavanaugh points out, the whole rest of the world, you know, they are, they either never

00:13:13.000 engaged in this madness to begin with, or they're pulling back from it.

00:13:16.220 And the Biden administration and the ACLU, they want to go the opposite way and, you

00:13:22.640 know, put this into the Constitution, engrave it in the Constitution, that these doctors

00:13:31.820 have a constitutional right to do this to kids.

00:13:34.320 Now, the other major problem for the DOJ and the ACLU is that in their understanding,

00:13:38.100 anyone can become transgender at any moment.

00:13:41.820 I mean, that's the entire concept underpinning gender ideology. 1.00

00:13:45.000 If you want to be a woman, just say you're a woman. 1.00

00:13:47.980 And it's true. 0.56

00:13:48.960 If you change your mind at any point, you can switch back.

00:13:52.240 No problem.

00:13:53.640 Somebody can be a man and a woman on the same day, if they want.

00:13:58.680 Now, this is an attractive proposition for, you know, narcissistic people who think that

00:14:04.580 they can play God over, you know, themselves and biology.

00:14:09.800 But practically, in this case, it creates a lot of issues.

00:14:13.300 And that's because a key argument that the ACLU and the Biden administration are making

00:14:16.280 is that the Tennessee's, the Tennessee's ban violates the equal protection clause of the

00:14:20.520 Constitution on the grounds that it grounds that it supposedly treats people differently

00:14:24.020 depending on an immutable characteristic, namely their sex.

00:14:27.260 So here's the ACLU's argument.

00:14:30.300 They say that under this law, if you're a boy and you need puberty blockers to address

00:14:35.860 a medical issue like precocious puberty, then you can get puberty blockers.

00:14:40.340 But if you're a girl and you want puberty blockers in order to stall your physical development,

00:14:43.980 in order to affirm your sense of gender identity, you can't get them.

00:14:47.480 Therefore, they say the law is discriminating on the basis of sex.

00:14:50.560 Now, there are about four major problems with this, more than four.

00:14:54.140 But the whole thing is nonsensical.

00:14:55.620 But just to highlight four, first of all, the purpose of the medical intervention is

00:14:59.940 vastly different in those two cases I just mentioned.

00:15:02.800 The boy in that example wants to get puberty blockers in order to address the condition

00:15:07.140 of an abnormally premature puberty, while the perfectly healthy girl wants puberty blockers 0.98

00:15:12.280 to suppress the normal and healthy functions and development of her body.

00:15:16.780 These are not just different reasons for getting the puberty blockers.

00:15:19.300 They are like opposite reasons.

00:15:20.900 So the law is treating people differently here, but not based on their sex.

00:15:25.740 It's treating them differently based on the kind of treatment they want and the reason

00:15:28.840 they want it.

00:15:29.380 And it's normal for a law to distinguish between situations like that, because certain kinds

00:15:33.320 of medical interventions are far more dangerous than others.

00:15:36.240 They're not the same thing.

00:15:38.300 Okay, if a child has cancer, the benefits of giving the child chemotherapy probably outweighs

00:15:42.460 the risks.

00:15:43.540 If a child doesn't have cancer, then giving the child chemotherapy would be child abuse.

00:15:48.620 It would be torture.

00:15:50.640 It's the exact same procedure, but in one case it's okay, another case it's not.

00:15:56.880 How could that be the case?

00:15:57.900 Well, because in one case it's treating a legitimate illness, and in another case it

00:16:02.680 isn't.

00:16:04.160 So pretty obvious distinction there.

00:16:06.880 Another problem here is that in every other equal protection case that involves sex discrimination,

00:16:11.360 one gender can clearly say that they're losing out in some way. 0.95

00:16:16.820 There's usually some obvious injury to a member of one gender and not the other.

00:16:21.760 So for example, maybe a man is denied a job while a woman is hired solely on the basis of

00:16:26.180 sex, something like that.

00:16:27.940 But that's not the case here.

00:16:29.740 The Tennessee law applies to both girls and boys equally.

00:16:32.720 It's not negatively affecting either group.

00:16:34.500 In fact, it's positively affecting everybody.

00:16:35.960 It's protecting all kids regardless of sex, but also regardless, it applies the same regardless

00:16:43.700 of your sex. 0.88

00:16:45.300 And that was an observation that Clarence Thomas made at one point during the arguments.

00:16:49.120 Additionally, Clarence Thomas also pointed out that if you think about it, what the ACLU

00:16:53.460 is seeking in this case would actually produce its own form of sex discrimination. 0.89

00:16:57.820 The ACLU wants the plaintiff in the case, a girl who identifies as a boy, to get drugs that 0.93

00:17:03.060 would enable her to undergo a, quote, traditional male puberty.

00:17:05.960 But if the ACLU won the case, boys wouldn't get the same result.

00:17:09.160 They wouldn't be able to get puberty blockers to undergo a male puberty.

00:17:12.640 And as Clarence Thomas pointed out, using the ACLU's own logic, that's a form of sex discrimination.

00:17:17.540 The fourth fatal problem with the ACLU's argument is that, as Justice Alito observed,

00:17:21.980 trans identity is not an immutable characteristic.

00:17:26.580 Through the miracle of gender ideology, somebody can supposedly become a man in the morning and 0.94

00:17:31.720 then revert back to being a woman in the evening. 0.97

00:17:33.900 In other words, so-called trans status is not fixed.

00:17:37.760 And only immutable, fixed characteristics, like race, can qualify for protection under

00:17:42.900 our civil rights laws.

00:17:44.020 That's why this was such a big moment in oral arguments yesterday.

00:17:48.180 Strangio was eventually forced to admit that, indeed, trans identification is not an immutable

00:17:54.260 characteristic.

00:17:55.540 Another huge moment.

00:17:56.620 Listen to this.

00:17:57.080 Does the category of, does transgender status apply to individuals who are gender fluid?

00:18:07.760 I think that the distinguishing characteristic is to have a birth sex that does not align with, 0.93

00:18:13.680 or a gender that does not align with one's birth sex.

00:18:17.060 So it may include people who have different understandings of their gender identity, but

00:18:22.280 I think it is still the distinguishing characteristic of a birth sex and a gender identity that are

00:18:27.400 incongruent.

00:18:29.040 Are there individuals who are born male, assigned male at birth, who at one point identify as

00:18:40.720 female, but then later come to identify as male?

00:18:44.880 And likewise for individuals who are assigned female at birth, at some point identify as

00:18:52.040 male, I'm sorry, identify as male, but later come to identify as female?

00:18:59.300 Are there not such people?

00:19:00.860 There are such people.

00:19:01.720 I agree with that, Justice.

00:19:02.400 So it's not an immutable characteristic, is it?

00:19:04.920 Well, I think people's understanding of it shifts, but the evidence shows that there is

00:19:09.100 at least a strong underlying basis.

00:19:10.760 And I think the normative reason for that particular consideration is whether or not this is something

00:19:16.580 that someone should or could change and whether they should have to change it in order to receive

00:19:22.580 constitutional protections.

00:19:24.100 And I think transgender status squarely fits within.

00:19:26.960 So once again, it all devolves into word salad.

00:19:30.020 And once again, one of the pivotal aspects of the ACLU's case just absolutely crumbled.

00:19:40.400 They had to admit that trans status is not immutable.

00:19:43.500 That alone means you lose.

00:19:46.860 If that's the case, which of course it is, if it's the case that trans status is not immutable,

00:19:52.220 by the, and that's accepting the ACLU's and the trans activists' own argument, like accepting

00:19:59.160 that, just letting them tell us what it means to be trans, according to them, even, it's

00:20:04.880 not immutable.

00:20:05.780 So the whole case is out the window.

00:20:08.800 So we've already heard two or three examples where if you just took just like one moment,

00:20:13.620 just any one of these moments isolated would destroy the whole case.

00:20:17.080 But then you add them all together and you have just an absolute meltdown, which means

00:20:23.060 that Chase Strangio's big day at the Supreme Court didn't go very well, to put it mildly.

00:20:27.740 No one could have seen that coming, but you know, that's what happened.

00:20:30.980 Actually, it's pretty clear that everyone saw it coming, which is why the Biden administration's

00:20:34.620 solicitor general, Elizabeth Preliger, did most of the arguing yesterday.

00:20:38.540 In her remarks, she conceded that some of this gender affirming care, so-called, results

00:20:44.100 in the sterilization of children.

00:20:45.740 But she said it was worth it.

00:20:48.420 Anyway, here's her reasoning.

00:20:51.000 You mentioned fertility and regret, and I'd like to take both of those concerns head on.

00:20:55.200 I do want to acknowledge that there is evidence to suggest that gender affirming care with

00:20:59.580 respect to hormones can have some impacts on fertility.

00:21:02.800 I think you have to recognize that the effect of denying this care is to produce irreversible

00:21:07.640 physical effects that are consistent with their birth sex, because they have to go through

00:21:11.320 puberty before they turn 18.

00:21:12.860 So essentially what this law is doing is saying we're going to make all adolescents in the 0.82

00:21:16.760 state develop the physical secondary sex characteristics consistent with their gender or with their sex

00:21:22.520 assigned at birth, even though that might significantly worsen gender dysphoria, increase the risk of

00:21:27.840 suicide, and I think critically make it much harder to live and be accepted in their gender 1.00

00:21:32.380 identity as an adult.

00:21:33.340 Because if you're requiring someone to undergo a male puberty and they develop an Adam's apple, that's going 0.98

00:21:38.280 to be hard to reverse, and they're more likely to be identified as transgender and subject to

00:21:43.040 discrimination and harassment as adults. 0.95

00:21:46.600 Just utter nonsense.

00:21:47.900 This, of course, is the so-called forced puberty argument.

00:21:52.100 She's saying that Tennessee's law is what forces children to undergo puberty, even though they might not want to.

00:21:57.800 She says, quote, what this law is doing is saying we're going to make all adolescents in the state develop the

00:22:01.660 physical secondary sex characteristics consistent with their gender or with their sex assigned at birth.

00:22:07.200 Well, no, the law in Tennessee isn't making anyone develop secondary sex characteristics.

00:22:11.460 That's just nature, okay?

00:22:13.760 That's what happens naturally.

00:22:15.820 That's the normal series of events that occurs as children get older.

00:22:19.720 I mean, it's no different than saying that, you know, if you won't let a nine-year-old get a nose job,

00:22:25.160 that you're forcing the nine-year-old to have the nose that she was born with.

00:22:31.040 No, we didn't create the nose.

00:22:32.820 That's just your nose.

00:22:33.580 And what we're saying is nine years old is too young to go get cosmetic surgery.

00:22:36.700 Um, so what the Biden administration wants to do is to interrupt the natural development of children

00:22:43.520 with completely untested chemicals that will sterilize them.

00:22:46.620 They're trying to reframe our position as somehow the unnatural one

00:22:50.180 because they recognize at some level that it's grotesque and extremely dangerous to conduct medical experiments on children,

00:22:56.120 and so they have to reduce themselves to these kinds of totally vacuous and absurd arguments.

00:23:01.100 In her questioning, Sonia Sotomayor pretended not to realize all this.

00:23:04.300 She tried to claim that there's no difference between castrating a child and giving a child an aspirin. 0.80

00:23:10.460 Watch.

00:23:12.100 Cannot eliminate the risk of detransitioners. 1.00

00:23:14.560 So it becomes a pure exercise of weighing benefits versus risk.

00:23:20.800 And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left.

00:23:28.400 I'm sorry, counselor.

00:23:30.340 Every medical treatment has a risk.

00:23:33.320 Even taking aspirin.

00:23:36.960 There is always going to be a percentage of the population under any medical treatment that's going to suffer a harm.

00:23:45.800 So the question in my mind is not do policymakers decide whether one person's life is more valuable

00:23:55.920 than the millions of others who get relief from this treatment.

00:24:01.280 The question is, can you stop one sex from the other? 1.00

00:24:06.280 This is one of those moments where we're all supposed to pretend that Sonia Sotomayor isn't a complete idiot. 0.99

00:24:11.420 We're all supposed to pretend that she's a wise Latina who adds much-needed diversity to the court. 0.99

00:24:17.520 It's all very degrading and intentionally so.

00:24:20.220 A JV debate team would disband in shame if they ever made the argument you just heard there.

00:24:25.880 And this is the highest court in the land.

00:24:27.900 Aspirin is one of the most tested medicines on the planet.

00:24:33.060 We know every side effect.

00:24:34.560 We have all the information there is to have about it.

00:24:36.420 We know what ages can safely take it, what ages cannot.

00:24:39.480 We know everything about what the dosage is supposed to be.

00:24:42.400 Aspirin does not pretend to change an immutable characteristic like your sex.

00:24:46.660 There is no aspirin report in the UK that shows that there's no benefit to taking aspirin.

00:24:53.180 But the Sonia Sotomayor taking an aspirin and castrating yourself in order to affirm a subjective gender identity are the same thing.

00:25:00.940 No differences that she can detect.

00:25:04.620 But Sotomayor didn't stop there.

00:25:06.560 As a noted feminist, Sotomayor went on to compare a girl with unwanted hair to a girl with, quote, unwanted breasts. 1.00

00:25:13.820 She actually drew that comparison without missing a beat.

00:25:17.360 And then the lawyer for the state of Tennessee informed her that, you know, those are two very different things.

00:25:21.420 Watch.

00:25:23.220 The question is, can you stop one sex from the other? 1.00

00:25:27.860 One person of one sex from another sex from receiving that benefit.

00:25:32.560 So if the medical condition is unwanted hair by a nine-year-old boy who can receive estrogen for that, because at nine years old, if he has hair, he gets laughed at and picked on, and his puberty is coming in too early.

00:25:56.380 But a girl who has unwanted hair says or has unwanted breasts or a boy at that age can get that drug, but the other can't. 1.00

00:26:11.380 That's the sex-based difference.

00:26:14.100 It's not the medical condition is the same.

00:26:17.420 We don't agree.

00:26:18.300 But you're saying one sex is getting it and the other is not.

00:26:20.620 We do not agree that the medical condition is the same.

00:26:22.860 We do not think that giving puberty blockers to a six-year-old that has started precocious puberty is the same medical treatment as giving it to a minor who wants to transition.

00:26:34.200 Those are not the same medical treatment.

00:26:36.040 Yeah, right.

00:26:40.020 I mean, yes, it's not the same. 0.99

00:26:41.540 And this really has always been the primary challenge of debating the left on this issue, on so many other issues too, but particularly on this one, that their arguments are so dumb. 1.00

00:26:54.740 They are so stupid. 1.00

00:26:56.420 They are so mind-bogglingly off base that you don't even know where to begin in responding to them. 1.00

00:27:04.520 They can kind of – you might fall into a kind of stupefied silence when you hear stuff like this because when she says that, it's like hair and breasts are two different things.

00:27:19.660 I mean, can we start with the fact that one is a physical part of your body that if you get rid of that part of your body, it will not grow back, but hair does?

00:27:32.860 So we can start with that, you know?

00:27:36.260 Same reason that, like, cutting your hair and cutting off your arm are not the same things.

00:27:42.640 Well, we let children – we take children to barbershops to cut off their hair. 1.00

00:27:46.860 Why couldn't we cut off their arm? 0.85

00:27:48.500 Answer that now, counselor. 0.89

00:27:51.440 Now, if you understand these oral arguments as a competition among the DEI justices to out-dumb each other, then it starts to make a little bit more sense.

00:27:57.680 That's especially true after you see what Ketanji Brown-Jackson did.

00:28:01.980 She went ahead and compared Tennessee's law to a ban on interracial marriage. 0.92

00:28:07.180 This is the same justice who, lest we forget, couldn't even define the word woman during her confirmation hearing. 0.77

00:28:11.940 And now she's saying that, in effect, there's no difference between protecting kids from castration and preventing white people from marrying black people. 0.97

00:28:20.100 Watch. 0.97

00:28:20.180 Being drawn by the statute.

00:28:23.280 That was sort of like the starting point.

00:28:25.120 The question was whether it was discriminatory because it applied to both races and it wasn't necessarily invidious or whatever.

00:28:32.860 But, you know, as I read the statute here – excuse me, the case here, you know, the court starts off by saying that Virginia is now one of 16 states which prohibit and punish marriages on the basis of racial classifications.

00:28:45.240 And when you look at the structure of that law, it looks in terms of – you know, you can't do something that is inconsistent with your own characteristics.

00:28:53.800 It's sort of the same thing.

00:28:55.060 So it's interesting to me that we now have this different argument.

00:28:58.100 And I wonder whether Virginia could have gotten away with what they did here by just making a classification argument the way that Tennessee is in this case.

00:29:08.020 Yes, I think that's exactly right, that there is absolutely a parallel between any law that says you can't act inconsistent with a protected characteristic.

00:29:16.500 This is what you get when you select justices based on race.

00:29:22.520 They're only capable of talking about race.

00:29:24.500 They have to shoehorn every single issue into some racial framework because it's all they know.

00:29:29.000 It got them to this point in their careers, so what else are they going to do?

00:29:32.140 And in this case, you know, not that it really needs to be said, but there is no comparison between Tennessee's ban on child castration and Virginia's long-defunct law banning interracial marriage.

00:29:40.920 For one thing, Virginia's law prevented adults from marrying based on their immutable characteristics, okay?

00:29:46.820 Tennessee's law, as we've already discussed, does not do any of that.

00:29:51.020 It prevents minors from undergoing experimental sex changes, not because of their immutable characteristics, but because these attempts to change their sex are actively harmful to them and also impossible, okay?

00:30:02.100 They're trying to do an impossible thing.

00:30:04.140 It's an affront to basic biology, okay?

00:30:06.920 It's a law that's saying you cannot do intentional harm to a child all in an attempt to bring about a result that is fundamentally impossible.

00:30:20.740 It's not fundamentally impossible for a black person to marry a white person.

00:30:24.780 That's a very possible thing to happen.

00:30:27.340 It is fundamentally impossible for a boy to become a girl. 0.97

00:30:30.080 And so any attempt to turn him into one will constitute abuse in the worst form.

00:30:38.800 As far as I can tell, based on these oral arguments, this is looking like a six-to-three decision in favor of Tennessee.

00:30:44.220 The best the ACLU could hope for is that the Supreme Court somehow finds that this law does indeed discriminate on the basis of sex.

00:30:50.880 And if that happens, the case goes back to the Sixth Circuit for a rerun of their analysis with a slightly higher standard of review of the law.

00:30:56.720 But that outcome also appears to be very unlikely at this point.

00:31:01.280 For the most part, the conservative justices asked good questions, demonstrated their skepticism of gender ideology.

00:31:06.200 There were some moments that raised some eyebrows, like when John Roberts referred to Chase Strangio as Mr., even though she's a female.

00:31:13.600 There's also the fact that no conservative justice directly refuted the unscientific, made-up terminology that the Biden DOJ used.

00:31:19.800 Like, for example, a gender assigned at birth and so on, the justice mostly accepted some of the definitions and framings of the activists, which they shouldn't have done.

00:31:30.080 But in general, we got exactly what we wanted.

00:31:33.900 The trans activists appear to be losing this fight, and they know it. 0.97

00:31:38.000 We are nearing the culmination of the battle that we began, that really began years and years and years ago.

00:31:46.520 But in terms of this law, you know, that could be one of the catalysts of that was the Vanderbilt expose that we published.

00:31:56.220 You know, all of these activists can do now, all they could do, as they did yesterday, is just scream into the abyss.

00:32:03.140 In the meantime, we'll continue fighting to ensure that these people won't be able to ruin the life of another child.

00:32:10.500 If this case goes the way we expect it to, it's not the end of the fight.

00:32:13.660 It's the start, actually, of a whole new fight, of an effort to ban this butchery nationwide, and then to defeat gender ideology entirely. 0.91

00:32:22.780 We can start by cutting all federal funding to the gender industry, and that would be a good, easy place to start. 1.00

00:32:28.480 Something could be done right away.

00:32:29.560 And from there, we go on, with the ultimate goal, a total ban on this practice.

00:32:37.620 So this is a victory that seemed pretty far away just a few years ago.

00:32:42.880 But based on what just happened in the Supreme Court, it's now clear that finally, we are very close to achieving it.

00:32:50.440 Now let's get to our five headlines.

00:32:51.780 Let's get to our five headlines.

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00:35:44.940 Okay, well, just hit on a couple quick things.

00:35:47.000 I want to play this moment on CNN as, you know, the media was covering this Supreme Court case.

00:35:57.020 And this was, there was actually two things that make this moment interesting to me.

00:36:02.640 As they were, I think, talking to someone with Alliance Defending Freedom.

00:36:06.600 And I want you to listen to what the CNN anchor says and how this exchange goes.

00:36:11.880 Listen.

00:36:12.020 I think a lot of people are confused about this issue.

00:36:16.020 They don't know where they stand on it.

00:36:17.460 But where is the room for a conversation about this?

00:36:22.180 I love that we're having one right now in terms of a conversation.

00:36:25.460 And that's what was at issue today.

00:36:27.360 What kid, what girl, knows whether she's going to want to have a baby long term? 0.99

00:36:33.320 Or what testosterone will do to her uterus? 1.00

00:36:36.120 Or that she will increase her risk of heart attacks by taking this drug?

00:36:39.800 Some of them do.

00:36:41.500 No.

00:36:42.320 No.

00:36:42.780 None of them.

00:36:44.040 No.

00:36:44.800 I don't think that.

00:36:45.420 None of them do.

00:36:46.680 85% what we know from the science.

00:36:49.320 And again, it's about not putting ideology over evidence.

00:36:53.400 And that's what's happening here.

00:36:57.320 Yeah, I love that moment.

00:36:59.540 Some of them do.

00:37:00.680 No. 1.00

00:37:02.320 No, you moron. 1.00

00:37:03.720 No. 1.00

00:37:04.120 Well, I just, the patronizing tone was perfectly appropriate.

00:37:08.640 And I really liked it there.

00:37:10.800 But I think, so like I said, there are two things here.

00:37:14.440 First is just the framing by the CNN anchor.

00:37:18.440 And we're hearing this more and more from the left about this issue.

00:37:22.700 You notice how she starts.

00:37:24.980 She says, well, is there room for conversation?

00:37:27.660 Can't we at least talk about it?

00:37:29.840 So that's already a retreat, okay?

00:37:32.560 There's very much a retreat going on on the left, especially in the mainstream media on this issue.

00:37:38.040 Because as I've been saying for a while now, they're embarrassed of the issue.

00:37:41.860 Most of these people know that they're totally wrong about it, that they're just on the wrong side.

00:37:46.000 Most of them know that.

00:37:48.640 Because most of them are not crazy.

00:37:51.100 So they do, I mean, despite appearances, they do in fact know that this is totally wrong.

00:37:56.340 But they were much more gung-ho about it a few years ago, even though they knew it was wrong.

00:38:02.600 Because it seemed like the political, the winning side politically and culturally.

00:38:07.580 And now it isn't.

00:38:08.540 And so now, if you're on the left, and especially if you're, you know, in the public, if you have a platform, and you go out and defend the idea that we should chemically castrate children, or you defend the idea that men can get pregnant or any of this other nonsense, you are saying something you know isn't true.

00:38:29.240 You're saying something you know is crazy. 0.50

00:38:31.600 You're embarrassing yourself.

00:38:33.800 And you're not even on the winning side.

00:38:36.160 So you're doing all that.

00:38:37.060 You're disgracing yourself for a side that isn't even winning.

00:38:41.080 There's no benefit anymore to you.

00:38:43.360 So what you're seeing is this kind of, this retreat and this recalibration.

00:38:49.900 And so now you get a lot of stuff like this, where the CNN anchor, well, can't we talk about, isn't there room for a conversation?

00:38:58.560 Yeah, well, you know what, that's, that's, sure, we can talk about it.

00:39:02.840 But that's what we've been saying for years.

00:39:05.800 Let's have a conversation about it.

00:39:08.500 Now, it's, it's, there's not much to actually talk about because you, you on that side are just totally, completely wrong.

00:39:16.700 And you have not, you have no argument.

00:39:19.380 You have no evidence.

00:39:20.300 You have no logic.

00:39:21.140 You have no common sense.

00:39:22.080 Everything you're saying is, is, is clearly objectively wrong and not to mention just totally incoherent.

00:39:30.460 But if you want to talk about it, sure.

00:39:33.520 We're not the ones who have ever been scared about talking about this issue.

00:39:35.640 But you guys were the ones for years that were doing everything you could to shut down any conversation about this.

00:39:45.520 Okay.

00:39:45.860 You were the ones, if we tried to talk about it on any platform, we would get deplatformed, censored, shut down.

00:39:52.740 Okay.

00:39:53.220 So you, you're the ones who have prevented that from happening, prevented this conversation from taking place.

00:39:58.420 Um, but now, sure, you want to let, let's, let's talk about, we're, we're going to continue beating you and we're going to continue advancing our agenda, which our agenda is just simple truth and common sense and basic human decency.

00:40:14.920 Um, but yeah, we could talk about it in the meantime.

00:40:17.780 And they were talking about it there and we hear from the CNN anchor that, uh, well, the Alliance, the woman with Alliance Defending Freedom says that it makes the very obvious point that, you know, when, when you sterilize a child, when you do these irreversible things to a child, uh, the child is now sacrificing something that they don't understand what they're sacrificing.

00:40:44.840 You know, a child can't make the, can't actually consent to, uh, the, the decision to, for example, not have kids in the future, to not to in the future, not be a parent that they can't actually make that decision because they have no idea what that means.

00:41:06.740 And they have no idea what they're going to want to do or how their priorities are going to change when they're adults.

00:41:12.100 So no child can know that no young girl at the age of 10 or whatever can say, Oh yeah, I know for a fact, I'm never going to want to be a mother when I got, I'll never want that 20 years from now.

00:41:26.540 I'm not going to want it.

00:41:28.240 No 10 year old girl can say that they can say it. 0.93

00:41:31.460 They can physically say it, but they can't know it.

00:41:34.280 Um, and that was the, the point that, that we heard there.

00:41:41.060 And the only thing the CNN anchor could say is, well, well, really all of them.

00:41:45.520 Are you saying no, no child, no child could possibly know that.

00:41:50.080 Yeah.

00:41:50.420 That's what we're saying.

00:41:51.320 Yes.

00:41:52.340 No child, no child can possibly know, um, what they're going to want or what kind of life they're

00:42:02.120 going to want to lead, uh, or what, or what, you know, uh, uh, big decisions they're going to make

00:42:07.400 about for, for, for themselves and about their lives when they're adults, no child can know that.

00:42:12.020 The fact that a child says as a child, I'm not going to want to have children in the future.

00:42:19.220 That doesn't mean anything.

00:42:21.400 Okay.

00:42:21.720 As I've said many times, why up until the age of as recently as the age of 23 or 24, I would

00:42:28.080 have told you that.

00:42:28.820 Yeah.

00:42:28.940 I don't even know if I really want to have, have kids.

00:42:31.740 Uh, now I have six of them.

00:42:33.980 You know?

00:42:34.460 So, uh, if you had asked me when I was 10, I was like, I, yeah, if, if, if you'd asked me

00:42:41.520 when I was 10, do I want to have kids in the future?

00:42:43.140 I almost certainly would have said, no, I don't want, what?

00:42:46.120 I want to have little me's running around. 1.00

00:42:48.080 I'm, I'm a pain in the ass. 0.99

00:42:48.980 I don't want, I don't want, I wouldn't want to have to deal with this. 0.99

00:42:51.900 Um, of course a child says that and thinks that way.

00:42:55.600 Uh, so just total, total nonsense.

00:43:00.520 Um, all right.

00:43:02.580 Staying on the same general plane here.

00:43:06.420 Daily Wire has this report.

00:43:07.600 The ladies professional golf association tour has announced a major change to its

00:43:11.320 eligibility rules for competition for transgender identifying male players starting in 2025.

00:43:16.220 On Wednesday, the LPGA released findings from its working group, which included experts in

00:43:22.160 medicine, science, sports physiology, golf performance, and gender policy law that found

00:43:27.220 quote, the effects of male puberty confer competitive advantages in golf performance

00:43:31.200 compared to players who have not undergone male puberty.

00:43:34.500 Uh, the statement read quote, under the new policy, athletes who are assigned female at

00:43:37.840 birth are eligible to compete on the LPGA tour, Epson tour, ladies, European tour, and

00:43:42.440 in all other elite LPGA competitions.

00:43:45.140 It added quote, players assigned to male at birth and who have gone through male puberty

00:43:49.340 are not eligible to compete in the aforementioned events.

00:43:52.260 The policies governing the LPGA is recreational programs and non-elite events utilize different

00:43:57.140 criteria to provide opportunities for participation in the broader LPGA community.

00:44:01.260 The move comes after trans-identifying male golfer Haley Davidson had competed in the NXXT tour

00:44:07.220 before the group changed its rules and was removed.

00:44:09.820 The move on Wednesday now cuts off Davidson's possible path to the tour or Epson tours after

00:44:14.320 competing in Q school in the fall as the player inched closer to qualifying for an LPGA tour card.

00:44:19.800 Davidson, who formerly played on a men's collegiate golf team, took to Instagram after the gender

00:44:24.060 eligibility rule change was announced.

00:44:25.580 Davidson wrote quote, can't say I didn't see this coming, banned from the Epson and LPGA,

00:44:32.640 all the silence and people wanting to stay neutral, thanks for absolutely nothing, this

00:44:37.260 happened because of all of your silence.

00:44:40.140 And somehow people are surprised the suicide rate for transgender people is around 50%.

00:44:44.340 Situations just like this are part of the reason.

00:44:48.380 So the trans golfer has the emotional blackmail there at the end as usual. 1.00

00:44:52.520 As we covered in the opening, this is a favorite tactic of these people.

00:44:56.820 He essentially threatens to kill himself because he didn't get his way.

00:45:00.740 And this is what trans activists do. 0.95

00:45:02.800 They put a proverbial gun to their own heads and say, give me what I want or I'll pull the 0.99

00:45:06.660 trigger.

00:45:07.400 And for a long time, the country acquiesced to their ransom demands.

00:45:11.480 But that isn't happening anymore.

00:45:13.000 You know, the tactic isn't working because now the answer to this kind of threat is the

00:45:17.260 answer it always should have been, which is, look, we don't want you to hurt yourself.

00:45:21.460 We hope you don't.

00:45:23.160 We hope you get the help you need.

00:45:24.600 But we're not going to let you manipulate and control us.

00:45:27.580 OK, it doesn't work that way.

00:45:28.620 You can't say, give me everything I want or something bad is going to happen to me because

00:45:32.300 I'm going to do it to myself.

00:45:34.220 It doesn't work that way.

00:45:36.800 You can't get what you want in adult life that way.

00:45:40.500 I mean, for a while you were able to, but that time is over.

00:45:45.860 You're going to make whatever choice you're going to make.

00:45:47.620 You're going to respond however you choose to respond.

00:45:50.340 We can't control that.

00:45:51.600 We can't control your actions, but we can say that you're not going to control ours.

00:45:56.940 And that has been the response finally.

00:45:59.720 And even now, an organization like the LPGA is getting it right.

00:46:04.300 I mean, mostly right.

00:46:06.120 You know, because they stipulate that if an athlete was assigned male at birth and has

00:46:09.840 undergone male puberty, then they're not eligible to compete in women's golf.

00:46:14.020 The effect of this policy is that it's going to eliminate the vast majority of trans-identified

00:46:19.120 males who would want to play in women's golf, like Haley Davidson, the person who uses the 0.52

00:46:23.040 name Haley Davidson.

00:46:24.420 But it does technically leave the door open for males to compete.

00:46:29.560 They just have to be males who never underwent male puberty, which is to say males who were 0.58

00:46:33.880 chemically castrated with gender transition drugs at a young age.

00:46:36.660 Like, that's what the policy actually says and allows.

00:46:43.060 And this is a door that shouldn't be left open.

00:46:45.000 First, because even a male in that camp is still a male.

00:46:48.560 And second, because such a policy implicitly, even if unintentionally, endorses and even

00:46:54.020 encourages the use of puberty blockers and all of that.

00:46:56.720 It becomes an argument for giving these drugs to children, a bad argument, but an argument

00:47:02.240 that you will hear from the trans activists.

00:47:04.000 And they're going to say, OK, well, I guess that means we've got to, that's all the more

00:47:07.540 reason why we've got to give these drugs to kids at the youngest age possible.

00:47:11.740 So the decision here isn't perfect, but it is a lot better than the previous policy of

00:47:17.080 letting any male who says he's a woman into the competition.

00:47:20.920 So it's a marked improvement.

00:47:23.760 And aside from leaving the door cracked open a bit more than it should, it's a common sense

00:47:28.200 policy.

00:47:28.740 It's the kind of policy that should have been in place all along.

00:47:32.200 And it really is, well, it's frustrating for me at one level when I see all of these organizations

00:47:42.700 reversing their, you know, so-called trans-inclusive policies and embracing common sense and science

00:47:49.760 all again.

00:47:51.200 And what's frustrating about it, even though I'm happy about the policies, I do have to

00:47:58.300 think, OK, great.

00:48:01.080 Was that so hard?

00:48:03.660 Why didn't you say this from the beginning?

00:48:06.180 You know, when I hear the LPGA now in the year 2024, say, well, we've looked into this

00:48:10.700 and we've decided men can't compete.

00:48:14.560 Why couldn't you have said that 10 years ago?

00:48:16.580 Why did it take you all this time?

00:48:19.300 It wasn't very hard to say, was it?

00:48:20.740 Now, we don't have to dwell on this aspect of things right now.

00:48:25.420 There will come a time for that maybe in the future.

00:48:27.780 For now, we don't have to dwell on it.

00:48:29.220 For now, the only thing that really matters is that everybody gets on board with common

00:48:32.380 sense and biology and protecting women's spaces, protecting children, protecting men, too.

00:48:38.980 So we need everybody on board.

00:48:40.160 I welcome everybody on board.

00:48:41.660 I throw open my arms and I embrace any of the prodigal sons who return home to the land 1.00

00:48:48.680 of reality, OK?

00:48:50.620 But I can't forget the past 10 years where so many people, seemingly the majority of people

00:48:59.740 really, openly affirmed or silently kowtowed to this insane agenda, you know, that went along

00:49:06.100 with this idea that men can become women and vice versa and all of that.

00:49:10.880 I can't forget that.

00:49:14.560 And all the people who went along with it and all the organizations that went along with

00:49:17.620 it, I remember that.

00:49:20.840 And we should all remember it because we'll never be able to trust any of those people

00:49:27.200 again or take them seriously again.

00:49:29.520 And that, once again, I'm not saying, yeah, we welcome everybody in.

00:49:33.060 Please come in.

00:49:33.740 Please come in out of the cold.

00:49:35.000 Leave this madness behind and come back to reality.

00:49:41.440 And I certainly welcome that.

00:49:42.900 But it doesn't, you know, it's a little bit of a forgive but don't forget kind of thing.

00:49:48.640 That we can't just pretend all this didn't happen.

00:49:51.780 And there is a price for getting something like this wrong.

00:49:59.520 Like, the trans ideology issue, if you got it wrong, there's a price.

00:50:07.720 And the price is simply that your credibility is permanently shot forever.

00:50:13.160 However, you know, and we don't have to hash that out right now.

00:50:17.420 Let's finish the job of defeating gender ideology. 1.00

00:50:20.200 And then we can figure out what happens going forward.

00:50:22.320 And we can talk about whose voices and opinions can be taken seriously in the future.

00:50:28.500 And whose can't.

00:50:31.540 Because if you didn't immediately sniff this thing out for what it is, you know, and understand

00:50:40.180 that it had to be opposed, if you didn't have the common sense or the gumption or the courage

00:50:45.920 to do that, then, like I said, it's just, it's just something we keep in mind in the future.

00:50:52.000 We just can't rely on you.

00:50:53.720 And we can't trust you and you have no credibility.

00:50:55.740 But even so, welcome to the LPGA.

00:51:01.360 Very, very glad to finally have them, you know, on board with this basic common sense thing.

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00:53:02.280 Well, I lied, actually.

00:53:05.420 There is no daily cancellation this time.

00:53:08.100 Because there were two massive stories, news stories, unfolding yesterday.

00:53:11.380 And I wanted to have a chance to talk about both of them,

00:53:13.600 which means that our normal closing segment has to be pushed off for today.

00:53:17.300 And that's because today marks the third day of jury deliberations in a trial

00:53:22.380 that never should have occurred in the first place.

00:53:24.920 And that's possible that by the time you listen to this,

00:53:26.820 the verdict will have already been decided and announced.

00:53:28.720 But as I say these words, they are still in deliberation.

00:53:34.120 New York, of course, is prosecuting Daniel Penny for the crime of defending a subway car

00:53:39.200 full of passengers from a violent maniac named Jordan Neely.

00:53:43.120 On May 1st of last year, Neely, who at the time had an active warrant out for his arrest

00:53:47.300 for assaulting a woman on the subway, boarded a subway car in Manhattan

00:53:50.940 and announced that he wasn't afraid to go to prison and that, quote,

00:53:53.560 someone is going to die today.

00:53:55.360 Multiple people on the train later said that they had never been more terrified

00:53:58.660 in their lives.

00:53:59.880 Penny then put Neely in a neck restraint and eventually Neely died.

00:54:03.980 New York Medical Examiner's Office says that Neely died of neck compression,

00:54:08.260 but a Texas-based forensic pathologist retained by the defense

00:54:11.140 says that New York's experts are wrong and that the Neely, in fact,

00:54:15.140 died due to a combination of factors, including a sickle cell crisis caused by exertion,

00:54:19.800 schizophrenia, and his use of synthetic marijuana.

00:54:22.900 So it's a George Floyd-type scenario all over again.

00:54:26.100 Now, we've been through the outline of this case many times before.

00:54:29.920 We've been following this case closely, as you know, ever since the incident first occurred

00:54:35.200 on the subway.

00:54:36.800 And I believe it is one of the most important murder trials in American history.

00:54:43.340 And so at this point, the details don't bear repeating.

00:54:45.840 If you've been listening to the show, you know all of them.

00:54:48.320 It's well established that a functioning, sane society would be giving Daniel Penny an award

00:54:53.580 for doing what the state refused to do, which is to protect its citizens from an unstable,

00:54:58.680 lifelong criminal with dozens of prior arrests.

00:55:02.240 But as these deliberations stretch into their third day, it's becoming clear that

00:55:05.660 at least some people in New York disagree.

00:55:08.500 This is not an easy verdict for these jurors, apparently.

00:55:12.040 It should be, but it isn't.

00:55:14.840 And just by itself, that's a very stark commentary on where things stand right now in our nation's

00:55:19.080 largest city.

00:55:20.100 The fact that Daniel Penny wasn't acquitted in two seconds tells you that, for all intents

00:55:23.840 and purposes, the right of self-defense has been nullified in New York.

00:55:28.400 You can act to defend yourself and others in the most obvious manner imaginable, and yet

00:55:34.580 still face a very real prospect of spending up to 15 years in prison.

00:55:39.920 So unfortunately, no matter what happens from here on out, and hopefully they come back with

00:55:43.400 not guilty, but it cannot be a truly happy conclusion at this point.

00:55:49.440 The happiest conclusion is that after deliberating for days and days, they find him not guilty.

00:55:53.840 It's obviously what we're praying for.

00:55:56.180 But we couldn't even call that a happy conclusion at this point, because number one, the case was

00:56:02.340 brought in the first place.

00:56:03.220 And number two, the jury had to deliberate about it for days, rather than going back and

00:56:11.360 talking it over for two minutes, and maybe having a lunch break, and then coming out and

00:56:16.180 saying, yeah, of course, not guilty.

00:56:18.400 Now, the more you look into why exactly this case was brought and how it was conducted, the

00:56:22.400 more it becomes clear that this case really isn't about Daniel Penny or anything he did.

00:56:26.720 It's about something called restorative justice.

00:56:28.620 And you don't have to look very hard to see that restorative justice, in practical terms,

00:56:33.960 is a system of race-based punishment.

00:56:36.220 So here, for example, is a video that's been going viral the last couple days of the prosecutor

00:56:41.100 in the Penny case, a woman named Daphna Yorin.

00:56:44.320 She's an assistant DA in Manhattan.

00:56:46.140 And in this clip, she's discussing a previous case from 2019 in which she explains her decision

00:56:51.300 to go easy on a 57-year-old black man who killed an 87-year-old Asian college professor

00:56:57.060 while robbing him at an ATM machine.

00:57:00.280 Now, Yorin says that she felt sorry for the 57-year-old black man, and so she decided to

00:57:04.700 pursue manslaughter charges instead of felony murder.

00:57:07.800 Watch.

00:57:09.160 I had a murder case where the defendant did not intentionally kill the victim.

00:57:20.020 He went into an ATM on the Upper West Side and tried to rob an individual.

00:57:26.880 Unfortunately, it was an older individual.

00:57:29.300 He was 86.

00:57:30.960 And in the course of the robbery, he fell to the ground.

00:57:35.760 And as a result, he died.

00:57:39.120 This is, under the law, a felony murder, which is akin to intentional murder.

00:57:44.340 However, when I first got the case, I learned, I took the time to learn about the defendant.

00:57:54.040 And it was a strong case, so it wasn't about a whodunit.

00:57:58.060 I knew immediately who did it.

00:57:59.520 I could prove it.

00:58:00.320 I could take it to trial that day and win it.

00:58:02.960 But it wasn't about that.

00:58:04.280 It was that the more I learned about the defendant and his life and the circumstances, the kinds

00:58:09.500 of things that Jor-El was talking about, that one should take into account the trauma of

00:58:15.560 that individual, I really felt incredibly sorry for him that he had gotten to that point

00:58:22.060 in his life where he felt like there was no other choice but to commit this robbery.

00:58:29.760 So, Joran is very concerned about the emotional trauma that the killer supposedly suffered, but

00:58:34.900 she's much less concerned with the actual trauma that the 85-year-old man suffered.

00:58:39.500 Trauma which killed him.

00:58:41.140 And therefore, she came up with an arrangement that would reduce the killer's potential sentence

00:58:44.240 from 25 years to life imprisonment all the way down to 10 years.

00:58:47.280 And he won't even serve anywhere near the full 10 years.

00:58:49.480 He's eligible for parole next year, in fact.

00:58:52.080 And to be clear, because it's not obvious from that clip, the victim in this case didn't

00:58:59.140 slip on a banana peel while he was being robbed.

00:59:03.520 This wasn't some freak accident.

00:59:05.100 The 87-year-old victim was hit in the back of the head by a man 30 years younger than

00:59:10.680 he was.

00:59:11.580 We're talking about a violent felony that occurred.

00:59:14.640 There was clear intent to cause serious and potentially fatal injury at a minimum.

00:59:20.020 So, what might explain Daphne Joran's sympathy for a murderer who killed someone while committing

00:59:25.240 a felony, even as she demonstrates no sympathy whatsoever for Daniel Penny?

00:59:29.160 Unlike the ATM murderer, Daniel Penny didn't set out to commit a violent felony.

00:59:34.480 He didn't attack an innocent elderly man so that he could steal $300.

00:59:38.600 Instead, he responded to the actions of a violent felon who was terrorizing everybody

00:59:42.140 around him.

00:59:43.720 But Joran's sympathies are strangely absent this time around.

00:59:48.140 Now, online, there are reports that Daphne Joran is a lesbian who's married to a BLM activist.

00:59:52.640 And that's not particularly surprising.

00:59:53.700 What we're seeing in this case is a clear example of race-based restorative justice. 0.87

00:59:58.700 The ATM killer was black.

01:00:00.200 Daniel Penny's white. 0.97

01:00:01.980 So, he's not entitled to sympathy.

01:00:04.720 He's not entitled to the right of self-defense either.

01:00:07.340 He needs to be punished solely on account of his skin color. 0.99

01:00:10.080 That's what this is really about.

01:00:11.620 That's why throughout the trial, the prosecution has repeatedly referred to Daniel Penny as the

01:00:15.920 white man.

01:00:17.040 So, here's one exchange from the courtroom, for example.

01:00:19.400 This is the DA asking questions and a witness answering.

01:00:21.940 Question, when you saw the white man holding on to Mr. Neely, how were they?

01:00:27.020 Answer, his arm was on his neck.

01:00:28.480 Question, where is Mr. Neely's back with respect to the white man?

01:00:31.900 Was Mr. Neely laying on top of the white man?

01:00:35.800 Answer, like this.

01:00:37.160 He had him held.

01:00:38.100 The doors opened.

01:00:38.860 Question, did the white man's arm ever leave Mr. Neely's neck?

01:00:42.060 Answer, not that I saw.

01:00:45.140 The racial emphasis was so overt and so over the top that Penny's lawyer made reference to

01:00:49.680 it when it was his turn to cross-examine the witness.

01:00:52.340 He began, quote, the prosecutor kept calling him the white man.

01:00:55.300 I'm going to call him Danny.

01:00:56.460 Is that okay?

01:00:57.560 The witness replied that it was indeed okay.

01:01:00.320 The defense has also sought a mistrial over this, which, of course, the judge denied. 0.77

01:01:04.240 In New York, Soros DAs have no problem reminding jurors that white people deserve to be punished,

01:01:08.680 while black defendants should get out of jail as quickly as possible, even when they bludgeon 1.00

01:01:12.920 elderly Asian men to death. 1.00

01:01:15.720 The prosecution has used a bunch of other dirty arguments, too.

01:01:19.040 For example, they used Penny's interrogation footage to portray him as callous and indifferent

01:01:24.600 to Jordan Neely.

01:01:26.220 Here's part of that footage.

01:01:28.800 Daniel?

01:01:29.380 Yeah.

01:01:30.660 I'm Detective McCarthy.

01:01:32.160 I'm Detective Medina.

01:01:33.100 I'm actually working here.

01:01:34.660 This is where you're at right now.

01:01:36.720 Cool.

01:01:37.300 How are you doing today?

01:01:37.980 I'm doing well.

01:01:38.460 How are you guys?

01:01:38.980 Very good.

01:01:39.600 Very good.

01:01:40.240 I'm doing well.

01:01:40.880 You served in the Marine Corps now?

01:01:42.440 I did, yeah.

01:01:42.960 I served in the Marine Corps.

01:01:43.680 Oh, nice.

01:01:44.320 Nice, man.

01:01:44.940 Got my little death before the sign of text.

01:01:46.780 There you go.

01:01:47.420 Nice, man.

01:01:48.700 What you doing?

01:01:49.360 What was your MOS in the middle?

01:01:50.300 I was in 0351.

01:01:52.220 I was in 0331.

01:01:53.720 Oh, cool.

01:01:54.200 Machine gun weapons platoon.

01:01:55.380 Nice, man.

01:01:55.740 I was not military, so I don't know what that stuff is.

01:01:58.380 It's like another language. 0.96

01:01:59.740 Third battalion, six Marines.

01:02:00.920 Okay, there you go.

01:02:01.600 Three six.

01:02:02.180 96 to 2000.

01:02:03.380 Nice, man.

01:02:03.900 Two mid floats.

01:02:05.040 Did my thing, and then I ended up here.

01:02:06.860 Now I've got close to 22 years here now, man.

01:02:08.960 Good pension.

01:02:09.460 It was on there.

01:02:12.000 I forget what stop it was at, but some guy came in, and he's like, whipped his jacket 0.92

01:02:16.560 off, and he's like, I'm going to kill everybody. 0.90

01:02:19.320 I'm going to go to prison forever. 0.99

01:02:22.900 I don't care.

01:02:23.640 I don't do this.

01:02:24.080 At that point, I looked to the person next to me like, hey, just hang on to this phone

01:02:27.720 for me.

01:02:28.080 I had my headphones in and took it off, and just kind of grabbed him from behind because 0.99

01:02:31.800 he came in just to like, because he was acting like a lunatic, like a crazy person. 0.87

01:02:36.820 And so, and he was rolling around on the floor. 0.83

01:02:40.140 Yeah, absolutely.

01:02:40.520 Sometimes he didn't hide.

01:02:41.780 Something like that.

01:02:42.620 I mean, that K2 that they're smoking, pushing people in front, like these people are going

01:02:48.180 crazy.

01:02:48.820 So he seemed more physically.

01:02:50.580 A little bit, yeah.

01:02:51.120 Now, a key point here is that at this point during the interview, Daniel Penny did not

01:02:57.640 know that Jordan Ely was dead.

01:02:59.660 He also thought that law enforcement was on his side, so he spoke to them without a lawyer,

01:03:03.840 which is always a huge mistake. 0.97

01:03:07.500 Then he proceeds to describe Jordan Ely as a crazy, unhinged crackhead, which is true.

01:03:14.340 And now, a big part of the prosecution's closing argument is that Daniel Penny, in this interrogation, 0.85

01:03:17.900 wasn't using nice words to describe Jordan Ely.

01:03:20.320 They're saying that he shouldn't have called him a crackhead or referenced all the other

01:03:23.880 violent thugs who have pushed people in front of subway cars.

01:03:26.620 That's their evidence that Daniel Penny should go to prison.

01:03:29.200 That he wasn't telling the cops that Jordan Ely was a talented Michael Jackson impersonator.

01:03:33.620 He wasn't mourning the BLM martyr.

01:03:35.280 He was saying things about Ely that were true.

01:03:37.220 He was revealing, perhaps, that he has a negative opinion of violent crackheads, just like everybody

01:03:43.640 else on the planet who isn't a violent crackhead, or who isn't, apparently, a New York DA.

01:03:49.500 This is an injustice that's so undeniable that the city's mayor, Eric Adams, has just come

01:03:54.000 out, once again, to essentially say that Daniel Penny is getting railroaded.

01:03:57.460 He didn't use those exact words, and he says he can't comment on jury verdicts and so on,

01:04:01.480 but he makes it clear that this prosecution is completely corrupt.

01:04:04.800 He also criticized the media for portraying Jordan Ely as a Michael Jackson impersonator

01:04:08.880 instead of a career felon.

01:04:10.340 Listen.

01:04:12.020 You can look at that on a multifaceted approach of everything that's wrong with the system

01:04:18.980 that we're facing.

01:04:20.720 One, look at the photo that they used to show the victims.

01:04:26.160 It seemed like it was a young, innocent child who was brutally murdered, and it gave that impression.

01:04:35.660 When you looked at the photo that was being used, it wanted to set up in the minds of people

01:04:40.140 that we were dealing with, a young, innocent child that, you know, just a Michael Jackson

01:04:45.540 intimidator that, you know, was just brutally assaulted.

01:04:50.460 Then you look at the complete failure of our mental health system, a complete failure from

01:04:57.340 the days of closing psychiatric wards and having those who needed help just turned over into

01:05:03.520 the street.

01:05:04.080 Now, we're on the subway where we're hearing someone talking about hurting people, killing

01:05:09.940 people.

01:05:10.600 You have someone on that subway who was responding, doing what we should have done as a city in

01:05:18.380 a state of having a better mental health facility.

01:05:22.240 Those passengers were afraid.

01:05:23.600 I'm hoping that the jury will hear all the facts.

01:05:27.640 Based on all the facts that's laid out, a jury of his peers would make the right decision.

01:05:32.320 And I don't want to prejudge that.

01:05:34.400 I'm just looking at all the facts that are involved here and what we did to get to where

01:05:39.380 we are and what we're seeing.

01:05:40.680 Because that could have easily been a case where you saw three innocent people murdered

01:05:43.900 on our street two weeks ago.

01:05:46.180 So Eric Adams says that the media portrayed Jordan Neely as a Michael Jackson intimidator instead

01:05:54.100 of an impersonator because words are very challenging for the mayor of New York.

01:05:57.420 We can't expect too much here from the leader of the biggest city in the United States.

01:06:00.180 But you do have to give Eric Adams some credit for being the only Democrat in the entire country

01:06:03.720 to contradict the official narrative on this thing, even if he's doing it as tepidly as

01:06:07.940 he possibly can.

01:06:09.600 In New York, this is what passes for bravery at the moment.

01:06:11.820 Pretty much no one else is standing up for Daniel Penny.

01:06:14.340 There are BLM mobs outside the courthouse every day. 0.83

01:06:16.440 They're so loud that jurors can apparently hear them inside the courthouse 13 floors up.

01:06:21.620 It's like the trial of Derek Chauvin all over again.

01:06:24.200 Everyone on the jury knows that.

01:06:26.140 They all know that if they acquit, the city will probably burn, which makes this whole procedure

01:06:32.880 totally invalid.

01:06:34.560 But again, whether the jurors ultimately bow to that pressure or not, the fact that the jury

01:06:39.680 has taken so long to reach a verdict is already a pretty clear sign that the right of self-defense

01:06:44.700 doesn't exist anymore in New York City.

01:06:47.200 There are no guarantees in New York that you can defend yourself or others, even when a

01:06:51.200 violent felon storms your subway car and vows to kill people. 0.94

01:06:54.780 Instead, especially if you're white, your only guarantee is that a Soros DA will try to 1.00

01:06:58.900 destroy your life. 0.56

01:07:00.740 That is the reality that the Daniel Penny trial has laid bare.

01:07:04.000 It's an utter travesty of a prosecution.

01:07:06.320 And until all of these DAs are removed from office, we can be sure that it won't be the

01:07:12.680 last one.

01:07:14.740 And that'll do it for the show today.

01:07:16.280 Thanks for listening.

01:07:17.400 Thanks for watching.

01:07:18.220 Talk to you tomorrow.

01:07:19.120 Have a great day.

01:07:19.960 Godspeed.

01:07:20.260 Don't miss it.

01:07:30.840 Bye.

01:07:31.160 Bye.

01:07:32.220 Bye.

01:07:32.920 Bye.

01:07:33.060 Bye.

01:07:33.420 Bye.

01:07:33.680 Bye.

01:07:34.060 Bye.

01:07:34.860 Bye.

01:07:47.460 Bye.

01:07:47.860 Bye.

01:07:48.420 Bye.

The Matt Walsh Show - December 05, 2024

Ep. 1499 - This Could Be the Beginning of the End for Gender Ideology

Episode Stats

Summary

Transcript