00:00:00.000Today, The Matt Walsh Show, justice prevails against the odds in the Daniel Penny case as he is finally acquitted on charges that never should have been brought in the first place.
00:00:07.240Plus, one of the most prominent gender transition doctors in the country is facing a major lawsuit, hopefully many more to come.
00:00:13.580And another prominent far-left commentator is starting to suddenly warm up to Trump and conservatives.
00:00:18.580Why are all these people having these mysterious conversion experiences, and how should we react to them?
00:00:23.020We'll talk about all that and more today on The Matt Walsh Show.
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00:02:16.300We begin with the big breaking news today.
00:02:18.840In the trial we've been following very closely on this show,
00:02:21.660Daniel Penny, the man who stepped up to protect a subway car full of passengers from a violent, drug-addled vagrant,
00:03:26.040It is a lesser charge, which did carry up to four years in prison, though there was no minimum sentence in this charge.
00:03:34.420I can hear behind me the protesters are beginning their chance.
00:03:37.580There are now police vehicles, sirens going off behind me.
00:03:41.460The energy in the air is very charged.
00:03:44.260We can expect the—I'm sure you can hear them behind me, the protesters beginning their chance after the jury came down with this verdict.
00:03:56.080Daniel Penny is now off the hook for these two charges that were against him.
00:03:59.880We're going to be out here for the rest of the morning to see how this progresses, how the temperature on the street, what exactly happens outside this courthouse, how that progresses as well.
00:04:10.260As you can already hear, the protesters beginning behind me.
00:04:13.360But, Emma John, this is massive, huge breaking news in this case.
00:04:16.600Is Daniel Penny not guilty of negligent homicide, the only charge which was now against him?
00:04:22.740So this is, of course, a major victory for justice, fairness, the rule of law.
00:04:27.980But we should not succumb to the temptation to just move on and let bygones be bygones and forget about the injustice and persecution Penny suffered.
00:04:36.240As if, you know, the not guilty verdict means there's no harm and no foul.
00:04:40.100Well, Penny's acquittal is a credit to the jury, which ultimately made the right choice in spite of the media pressure and also the violent threats from the crazed mob of BLM protesters outside and around the country.
00:04:52.480But justice is happening here in spite of the court system in New York, in spite of the corrupt far-left prosecutor and in spite of the judge.
00:05:02.040So let's go back and review what happened just in the last couple of days before this verdict was decided.
00:05:08.560Of course, as we've been following this, we've talked about all the corrupt, crazy things that have happened in this trial and before it.
00:05:13.920But we haven't talked about the most outrageous bit of maneuvering that happened because it happened on Friday.
00:05:22.120And then we have the verdict this morning.
00:05:26.360There was an attempt, a rather desperate one at the last minute, to rig this trial once and for all against Penny.
00:05:34.800It failed, but we should remember it and we should talk about it.
00:05:39.620And before we do, I want you to remember back to the trial of Kyle Rittenhouse when one of the arguments we heard over and over again was that Rittenhouse had unlawfully carried a firearm across state lines.
00:05:49.880PolitiFact published a whole fact check asserting that it was false to claim that Rittenhouse had any legal right to possess his AR-15 in Kenosha.
00:05:58.440Don Lemon, meanwhile, claimed that Rittenhouse was a, quote, white teenager who crossed state lines with an AR-15-style rifle.
00:06:04.780Joe Scarborough said, quote, he crossed state lines with an AR-15.
00:06:08.720Various members of Congress made the same claim, clearly implying that there was something sinister, even illegal, about Rittenhouse possessing and transporting his firearm.
00:06:17.140Now, ultimately, the entire narrative fell apart, and not just because Rittenhouse never actually crossed state lines with an AR-15.
00:06:23.980Shortly before jury deliberations began in Rittenhouse's murder trial, the prosecution was forced to admit that under Wisconsin law, Rittenhouse had every legal right to possess his rifle.
00:06:34.720That's because the rifle barrel of Rittenhouse's AR-15 was longer than 16 inches, which is the minimum barrel length that Wisconsin state law allowed.
00:06:43.360So, with very little fanfare, after months of lying by the press, the judge dismissed the gun charge against Rittenhouse before the jury could ever consider it.
00:06:52.220Now, the reason I bring that up is because that's the normal procedure that occurs in a criminal trial before the judge sends the jury to deliberate.
00:07:01.120It's the kind of thing that happens when the judge is interested in a fair trial, as the Rittenhouse judge was.
00:07:05.360It was, before the jury gets the case, there's an effort to make sure that the jury is considering a specific slate of charges that are well-founded in the law.
00:07:14.800You want to clarify exactly what charges the defendant is facing prior to sending the jury away to deliberate.
00:07:21.020Otherwise, if you start removing or adding charges after deliberations have begun, then you risk confusing the jury and sending signals that are obviously unfair to the defendant.
00:07:32.060This is the kind of thing that fair prosecutors and fair judges just simply would never do.
00:07:37.500What happened in the Daniel Penny case on Friday, on the other hand, demonstrated, once again, that neither the judge nor the prosecutors were remotely concerned about basic principles of fairness.
00:07:48.760Now, fortunately, the jury apparently was, but the judge and prosecutor weren't.
00:07:56.000So, after several days of deliberation in the Penny case, the jury announced on Friday that it was deadlocked on the second-degree manslaughter charge,
00:08:04.980which requires the prosecution to prove beyond a reasonable doubt that Penny deliberately disregarded a serious risk of causing death to Jordan Neely and that Penny did not act in self-defense.
00:08:15.740In response, the judge sent the jury back for some more deliberations to make sure that they were actually deadlocked.
00:08:23.240This is called an Allen charge or a dynamite charge.
00:08:25.920And it's normal in many jurisdictions when a jury says they can't reach a verdict, including in New York.
00:08:31.080The judge will send them back and say, you know, try again.
00:08:36.040The idea is to remind jurors that it's important that they try to reach a unanimous verdict, if at all possible, without forcing them into finding one.
00:08:45.320And then, after receiving this Allen charge, the Penny jury came back and confirmed that, indeed, they were deadlocked on the first count.
00:08:55.040The jury didn't return any verdict on the lesser included charge of criminally negligent homicide, which requires that the prosecution prove beyond a reasonable doubt that Penny should have known he was posing some deadly risk to Jordan Neely, even if he didn't deliberately and consciously ignore that risk.
00:09:11.140It also requires that the prosecution prove beyond a reasonable doubt that Penny was not acting in self-defense.
00:09:16.520Now, at this point, the actually appropriate and lawful thing for the judge to do, after they came back a second time and said, we can't reach a verdict, is to declare a mistrial.
00:09:33.020That's what should happen when a jury repeatedly says they can't reach a verdict after deliberating for several days and after the judge does his best to remind them of the importance of finding a verdict.
00:09:43.200Any other result risks influencing the jury and suggesting that they should reach a certain outcome.
00:09:50.620And it also happens to be inconsistent with New York law.
00:09:53.640But instead of declaring a mistrial on Friday, the judge, whose name is Maxwell Wiley, decided to do something that, by his own omission, doesn't have any precedent in his state.
00:10:06.780So he dismissed the manslaughter charge entirely.
00:10:10.960Again, after it had already gone to jury deliberate, it had been, the jury had been deliberating that charge for four days, dismissed that charge, and left the criminally negligent homicide charge intact.
00:10:22.180And then he told jurors to come back for more deliberations on Monday, which is what they did this morning.
00:10:27.420But this, again, is what was happening on Friday.
00:10:32.800The judge has now dismissed the manslaughter charge against Daniel Penny after jurors came back a second time to announce that they were indeed deadlocked.
00:10:41.940Now the jury will consider a lesser charge against Penny, who was charged in the subway chokehold death of Jordan Neely last year.
00:10:48.160So I want to bring in criminal defense attorney Mark Aglarsch.
00:10:51.360Mark, are you surprised that the jurors were not able to come to a unanimous decision on the more serious charge?
00:11:00.980When you bring politically based charges, that's what happens.
00:11:04.860Meaning, I think that prosecutors normally wouldn't bring a case like this, dismissing his actions as one of mere negligence, but not criminal negligence.
00:11:15.620What outrages me candidly is that the judge is sending them back again to deliberate.
00:11:21.000Every jury, and I've been trying cases for 32 years, they're told if they don't have proof beyond a reasonable doubt as to the main charge, consider the lesser charge.
00:12:08.020He said he'll take a chance and implement a novel application of criminal law by dismissing the manslaughter charge while retaining a lesser included offense.
00:12:17.740So basically, he's admitting that he's conducting a little legal experiment in the middle of a homicide trial.
00:12:24.980He's throwing out the established rules and effectively allowing the prosecution to change their strategy after jury deliberations have already begun.
00:12:34.880Where the prosecution realizes it's not going their way.
00:12:38.500And so in the middle of deliberations, they want to completely change the way they approach it.
00:12:42.520Now, this was clearly a violation of Daniel Penny's constitutional rights.
00:12:48.880He has the right to be treated like every other criminal defendant under the Due Process Clause of the Constitution.
00:12:55.240But the prosecution and the judge abandoned that principle for the most flagrantly political reasons imaginable.
00:13:01.080Instead of the jury getting an Allen charge, they're now being told to conduct a whole new set of deliberations with new rules.
00:13:08.860Now, to give you a sense of why this was such a significant ruling,
00:13:12.520take a look at the verdict form that the jury was considering.
00:13:15.500Here it is. You can see it on the screen.
00:13:16.600It begins by stating that if the jurors find Daniel Penny guilty of manslaughter, then they're done.
00:13:21.820They don't have to consider the lesser included charge of criminally negligent homicide.
00:13:26.120Then the form goes on to state that, quote,
00:13:27.560If you find the defendant not guilty of count one, manslaughter in second degree,
00:13:32.420for the reason that the people have failed to prove beyond a reasonable doubt that the defendant was not justified,
00:13:36.680then you must not consider count two, criminally negligent homicide,
00:13:39.940and you must also find the defendant not guilty of that count.
00:20:33.340Let's talk about something that keeps business owners up at night, managing finances.
00:20:37.220If your current system feels about as useful as a chocolate teapot, I've got a solution that'll make you wonder how you ever lived without it.
00:53:17.040He pretends that the MAGA base has come to him.
00:53:19.480That this is a left-wing win, basically.
00:53:23.520Now the other problem, and it's a big one, is that Cenk extends this olive branch to Trump supporters and praises them for their stand against corruption and war.
00:53:33.780But here's what he was saying about Donald Trump as recently as last October.
00:56:18.120Why should we listen to him and embrace him as a thought leader?
00:56:23.000Okay, so let's not reach all the way back into the ancient past of 14 months ago.
00:56:30.260What if we went back three days or one day before that interview with PBD that we saw earlier at the beginning?
00:56:39.940Three days ago, Cenk was on his show condemning me for the speech that I gave at the Do No Harm rally outside the Supreme Court on Wednesday.
00:56:48.680Now, in this speech, I condemn the abuse of children and the ideology that promotes it.
00:56:53.700I say that this ideology must be entirely defeated.
00:56:56.400I use the word erase in direct reference to the ideology, not to the people, but to the ideology.
00:57:03.680And I say that about the ideology because it is an ideology that rejects basic reality and promotes and carries out the horrific medical abuse of children.
00:57:09.940Now, Cenk didn't much like what I said, and it didn't make him feel very unified, apparently.
00:57:15.520I don't think I'm one of these brothers and sisters of his, it turns out.
00:57:21.980So in this case, the ACLU lawyer you're talking about, I love that the brother set history there and is the first trans person to argue in front of the Supreme Court.
00:57:32.060That's a great day in America, just another step stone in equality, right?
00:57:37.340Now, at the same time, he was on TV the other day saying two-year-olds know if they're trans.
00:59:13.660Like Marjorie Taylor Greene is saying trans people are satanic.
00:59:16.760So, I mean, how is that not deeply, deeply hateful?
00:59:20.980So, right wing, if you want us to have a reasonable conversation in this country, I'm not gonna have conversations with the Max Wright who are lunatics on this.
00:59:28.700Okay, well, it's fine because no one's trying to have a conversation with you in the first place, Cenk.
00:59:34.360That's not, if you keep acting like this, I'm not gonna talk to you, okay?
01:00:04.100And then Cenk wants to know how I would feel if he said that Christian ideology should be erased or white ideology should be erased.
01:00:11.180Well, I'm happy to answer that for you.
01:00:13.520So, if you said that white ideology should be erased, I would be opposed to that idea because I would have to assume that you meant that you wanted to erase white people.
01:00:25.560I know you're gonna say, oh, see, there, I got you.
01:00:28.520No, but that's because, Cenk, white ideology isn't a thing.
01:00:33.980There is no ideology shared by white people across the whole world.
01:00:38.040That doesn't, if you made that statement, you could only mean that you want to erase white people because there is no such thing as white ideology.
01:00:47.780Now, there is, obviously, such a thing as trans ideology.
01:00:53.940It's the ideology that Cenk himself mildly disagrees with by saying that he wouldn't want to trans a toddler.
01:00:59.400As for erasing Christian ideology, I would strongly disagree with that statement because Christian ideology or Christian teaching, which is what I would take that statement to mean,
01:01:09.300which, and by the way, if you wanted to switch it over and say trans rather than trans ideology, trans teaching, we could call it that too, okay?
01:01:16.820But when it comes to Christian teaching, Christian ideology, it's a positive force in the world.
01:01:24.340It has done immeasurable good for mankind.
01:01:27.140It has shaped Western civilization for the better.
01:01:35.160So there are things you could say about one ideology, and if you say it about that ideology, it's a fair thing to say, whereas if you said it about another one, it would not be fair.
01:02:03.340In fact, you would wholeheartedly agree.
01:02:05.340And that's because you understand the distinction between people and ideologies.
01:02:08.820You understand that, obviously, your fundamental goal when you oppose an ideology is for it to eventually no longer exist.
01:02:18.240If you think an ideology is evil, if you think it does nothing but harm, if you think it hurts people, then you want it to be gone, to no longer exist, to be erased.
01:02:29.340Not by killing the people who profess the ideology, which would be not only wrong, but also, as history shows, a very ineffective way of actually erasing an ideology anyway.
01:02:37.420Instead, you want to rid the world of it by exposing it and defeating it and discrediting the ideas that it espouses.
01:02:46.380This is a distinction that I know you're smart enough to understand.
01:02:50.340But you pretend you don't in this case because you actually agree with trans ideology.
01:02:57.480You don't have a problem with the way I oppose it, but rather with the fact that I do.
01:03:02.440Which I know because you start by fundamentally agreeing with the ideology when you affirm the manhood of somebody who is 100% female.
01:03:12.860Now, Cenk says that I'm a lunatic on the trans issue.
01:03:15.540Even though I have been right about the issue for 10 years, while he's just now coming around to mildly criticizing some of the excesses of this, what he perceives to be excesses of this ideology.
01:03:31.580But even if his criticisms are weak and tentative and toothless, which they are, he is still inching ever so slightly in my direction.
01:03:42.000I have not come his direction even one centimeter.
01:03:45.860He is cautiously tiptoeing towards me on this topic while still condemning me as a lunatic on the same topic.
01:03:52.680Now, the case of Cenk Uygur's non-conversion conversion perfectly illustrates all of the reasons why conservatives must take these sorts of people with a giant, boulder-sized chunk of salt.
01:04:05.940Now, it's of course possible that somebody who was once an extreme leftist might actually see the light.
01:04:10.380When that happens, we should embrace them with open arms and generous spirits.
01:04:13.740But if it's genuine, we should see on their part some amount of remorse.
01:04:19.720They should be willing to admit they were wrong.
01:04:21.900They should apologize to the people on our side who they have unfairly demeaned and slandered and villainized.
01:04:28.500If all of that happens, then I'll be the first to shake their hand and welcome the prodigal son as he returns.
01:04:34.840Yet, even in that case, I would not immediately take that person and put them on stage and listen to their ideas like they're thought leaders of a movement they just joined 80 seconds ago.
01:04:48.760If you've been wrong about everything forever and have now changed your mind, I'm glad you changed your mind.
01:04:56.300But you certainly have less insight, less wisdom, and less to offer intellectually than people who have not spent their entire adult lives on the wrong side of literally every issue.
01:05:06.520So, you, as the person crossing over, should recognize that and have humility and be willing to take a back seat.
01:05:15.820And yet, out of all the janks in the world, out of all the radical leftists who have been reborn, either as moderates or conservatives or whatever they're calling themselves now,
01:05:24.980almost none of them fall into the category I just described.
01:05:29.940Almost none of them have ever shown any remorse or any humility.
01:05:35.260Almost none of them have apologized to any of the people who they lied about and defamed and whose reputations they tried to destroy.
01:05:43.600Almost none of them have even been willing to admit that they were wrong.
01:05:47.560Instead, they claim that they've remained consistent while the left abandoned them.
01:05:52.060And this is, as I said, at the absolute most, only partially true.
01:05:55.960There is always at least another part, the part where, in fact, they have drastically changed their tune on a number of serious issues, but they won't admit it.
01:06:02.700At the very least, these are people who ignored and probably scoffed at and demeaned the conservatives who told them that the left was on a slippery slope into madness.
01:06:48.980So, what all this tells us, at best, is that these people still have all of the same arrogance and ignorance that made them radical leftists in the first place.
01:06:59.660It also tells us that these are not credible voices we should be listening to or taking seriously.
01:07:11.100And if you've been wrong about everything and are still too arrogant to even admit it, even while you try to cozy up to the people you've demonized for years,
01:07:17.940then you should certainly be in the non-thought leader crowd.
01:07:20.820Especially considering that about 99% of the people who are not thought leaders on our side are vastly more equipped for the role than you are.
01:07:29.920But, of course, this is all just the best case scenario.
01:07:33.760You know, so far I've only really considered the possibility that these supposed former radical leftists have sincerely converted,
01:07:40.040but are just too egotistical and shallow to admit their own errors.
01:07:44.560There is the other scenario, which I think, in many cases, is far more likely.
01:07:49.200That's the scenario where the conversion is not remotely sincere.
01:07:53.500Where somebody like Cenk Uygur pretends to have turned a new leaf and discovered a strange new respect for the conservative base
01:08:00.120for the one simple and straightforward reason that his traffic is tanking and the clicks are drying up and he's looking for a new shtick.
01:08:08.160He's going where the money and the audience are.
01:08:11.600Now, I can't see inside the souls of any of these people or read their minds, but I can read between the lines.
01:08:16.560And when I look there, I see the word grifter in giant, bold letters.
01:08:21.800That's why I'm not interested in hearing Cenk's ideas for how to unite and heal the country.
01:08:26.860I'm not really interested in hearing his ideas about anything because he has no credibility.
01:08:32.960And he is still today, I'm afraid to say, canceled.