The Megyn Kelly Show - October 12, 2022


Crime in American Cities, and Myth of "Red State Murder Problem," with Rafael Mangual and Jennifer Castro | Ep. 410


Episode Stats

Length

1 hour and 35 minutes

Words per Minute

181.56123

Word Count

17,323

Sentence Count

1,021

Misogynist Sentences

41

Hate Speech Sentences

42


Summary

Three Philadelphia police officers were shot and killed while serving a murder warrant, and the suspect has been charged with first-degree murder. This is the latest in a growing list of high-profile cases involving police officers in America s biggest cities. In this episode, we talk to Raphael Mangual, a senior fellow at the Manhattan Institute and author of Criminally Incorrect: What the push for decarceration gets wrong, and who it hurts most.


Transcript

00:00:00.000 Now streaming on Paramount Plus.
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00:00:30.620 Welcome to The Megyn Kelly Show.
00:00:32.540 Your home for open, honest, and provocative conversations.
00:00:42.040 Hey everyone, I'm Megyn Kelly.
00:00:43.740 Welcome to The Megyn Kelly Show.
00:00:45.280 Today, a deep dive into the violence engulfing our nation.
00:00:49.480 Just as we were preparing to go to air,
00:00:51.560 we got word that three SWAT officers have been shot in Philadelphia
00:00:55.200 while serving a murder warrant.
00:00:56.560 The suspect is dead.
00:00:58.340 Fortunately, the officers are expected to survive.
00:01:01.920 But in too many of these cases, it goes the other way.
00:01:05.980 This is just one of many stories that we've seen in America's big cities as of late.
00:01:09.820 And all of this mayhem is increasingly becoming a hot-button issue on the campaign trail
00:01:15.260 as we approach the midterms.
00:01:17.820 Republicans label Democrats soft on crime.
00:01:20.740 Democrats now trying to fight back, saying in reality,
00:01:23.820 there's a red state murder problem.
00:01:26.520 We're going to take a hard look at that one.
00:01:28.640 We have one of the best minds on this topic in America.
00:01:31.740 Joining us today, Raphael Mangual is a senior fellow at the Manhattan Institute
00:01:36.040 and author of Criminal Injustice,
00:01:39.200 what the push for decarceration and depolicing gets wrong,
00:01:43.040 and who it hurts most.
00:01:49.600 Raphael, welcome back to the show.
00:01:50.860 Great to have you.
00:01:51.920 So great to be back.
00:01:52.780 Thanks, Megan.
00:01:53.240 So this thing out of Philadelphia is horrifying,
00:01:57.080 but I can't say it's entirely surprising.
00:01:59.080 That is one of the many cities just plagued with crime and increasing murder rates
00:02:03.980 and a DA at the top who doesn't seem all that interested in prosecuting crime.
00:02:08.580 Let's just start there in Philadelphia and
00:02:10.380 what Philadelphia tells us, if anything, about the rest of the nation.
00:02:14.240 Yeah.
00:02:14.420 I mean, well, if you look at Philadelphia, it really is kind of leading the nation in a lot of ways.
00:02:18.060 Every single year since their DA, Larry Krasner, who campaigned and has governed on a platform of
00:02:25.640 decarceration for its own sake, every single year since he's been in office, he's presided over
00:02:30.200 significant homicide increases.
00:02:32.380 And in 2021, Philadelphia set an all-time record, aka meaning that it's the worst it's ever been in
00:02:39.640 that city for homicides.
00:02:40.980 And it is on track to keep pace with that record again this year.
00:02:44.260 So, yeah, violence is probably the most massive it's ever been in that city, as it is in a lot
00:02:50.980 of other American cities.
00:02:52.660 But Philadelphia, in a lot of ways, is really ground zero.
00:02:55.500 Now, with respect to this police shooting, I mean, it's incredibly tragic, but it's also
00:03:00.080 something that's not unaligned with the broader trends.
00:03:04.260 We have seen an increase, not just in crime more broadly, but also in violence directed at
00:03:09.220 police officers.
00:03:10.000 We have seen the policing profession become more dangerous in a multitude of ways, but
00:03:15.740 especially with respect to physical danger.
00:03:18.460 And that's also problematic as cities like Philadelphia and other major cities around the
00:03:23.080 world, and country especially, struggle to find officers to fill vacant slots.
00:03:28.500 Now, what's really interesting about this, or perhaps really tragic about this, is that
00:03:33.320 I talk a lot about the phenomenon of crime concentration, right?
00:03:36.480 Crime is not a problem that's evenly distributed around the United States.
00:03:40.460 It's not a problem that's evenly distributed around American cities, including Philadelphia.
00:03:44.200 It's very hyper-concentrated.
00:03:45.600 And I harp on that point because I think people all too often forget about what it's like for
00:03:51.740 the people who are unfortunately living in the pockets of concentrated crime in American
00:03:56.920 cities.
00:03:57.300 But one of the other sort of populations dealing with that disproportionately are police officers
00:04:02.640 who are tasked with going into those pockets of concentrated crime and patrolling on a daily
00:04:07.660 basis.
00:04:08.340 And so in addition to the residents of those high crime communities, police officers are
00:04:13.700 also bearing the brunt of the downside risk associated with the kind of decarceration project
00:04:18.580 that people like Larry Krasner have engaged in since they took office.
00:04:22.660 Mm-hmm.
00:04:23.860 And, you know, the rhetoric about police was so disgusting over the past couple of years.
00:04:28.700 And now the Democrats have realized that the defund the police policies don't work.
00:04:32.380 And in city after city, they're quietly restoring the funding.
00:04:35.460 But I haven't seen an apology for the rhetoric.
00:04:38.880 I haven't seen them going out there and celebrating our police officers as the brave heroes.
00:04:44.060 Ninety-eight percent of them are.
00:04:45.940 I mean, I would say there's a two percent bad apple rate like there is in any profession that
00:04:49.620 give the rest a bad name.
00:04:50.660 But I haven't seen that.
00:04:51.820 I mean, these guys need to be built back up and we need to show them our appreciation
00:04:55.480 and affection given the risks that we ask them to take.
00:04:59.960 And to the contrary, these Democrats won't budge off of their old rhetoric because I think
00:05:03.900 they they understand if you're a member of the squad, that's just going to cost you with
00:05:08.220 your core base.
00:05:09.720 I think that's exactly right.
00:05:11.080 I mean, and also for the past decade plus, you know, opposition to the police, opposition
00:05:16.700 to the criminal justice system more broadly has been made a central part of the Democratic
00:05:22.020 Party's brand.
00:05:22.920 I mean, I really don't think there's any way around that reality.
00:05:26.060 Now, I would welcome any effort on the part of Democrats to walk that back.
00:05:30.960 I think it's important for police officers in major cities to feel appreciated, to feel
00:05:36.700 like they are going to get a fair shake in the unfortunate event that they're involved
00:05:40.460 in a controversial use of force.
00:05:41.900 What we're seeing in the survey data is that police officers don't feel that way.
00:05:46.400 They consistently report believing that they're not going to be treated fairly.
00:05:49.960 And that fear we know, you know, is associated with things like the Ferguson effect and the
00:05:54.240 Minneapolis effect where police officers disengage and they aren't as proactive as they otherwise
00:05:59.100 would be.
00:06:00.320 And that's not out of antipathy for the communities that they're serving.
00:06:05.260 It's out of, you know, a genuine fear and out of a desire to preserve themselves and their
00:06:10.620 careers and the life that they've built for their families.
00:06:14.500 And I don't think people fully appreciate just what it is that we ask police officers
00:06:18.880 to take on.
00:06:20.840 And not just in terms of the tasks that we ask them to do, but also just the mental burden
00:06:28.160 that we ask them to bear as a result of the things that they see.
00:06:31.020 I mean, you know, you, I, lots of people listening right now.
00:06:34.120 I mean, we are very fortunate in so far as we get to go about our days and kind of live
00:06:39.740 in a way that's insulated from, you know, the really terrible things that happened, that
00:06:44.580 happened in this world.
00:06:45.940 Police officers, on the other hand, are dealing with people often on their very worst days
00:06:50.080 and their very worst moments, seeing the very worst of humanity.
00:06:53.360 I mean, they see dead bodies, they respond to deadly car crashes and, you know, just terrible
00:07:00.060 problems of familial abuse and drug addiction.
00:07:03.920 And it's incredibly depressing.
00:07:05.940 It's incredibly psychologically taxing, which is one of the reasons why in addition, you know,
00:07:11.460 to the problem with respect to police being subjected to violence at the hands of criminals,
00:07:17.400 we also see police struggling with mental health and committing suicide at a significantly higher
00:07:22.600 rate than other professions.
00:07:23.600 And, you know, it's just something that hasn't made its way into the rhetoric and really should.
00:07:27.700 But this is one of the reasons why the narrative about police bothers me so much.
00:07:31.780 I have a brother who's a police officer.
00:07:34.000 He's now just retired, but he became a lieutenant.
00:07:36.300 So he rose all the way up through the ranks in inner city, Albany, where I'm from.
00:07:41.060 And he was attacked at one point by a gang of thugs who came after him and really hurt him.
00:07:47.780 He was in the hospital for a long time.
00:07:49.840 And what did he do when he got better?
00:07:51.220 He went right back out.
00:07:52.720 This is when he was a beat, you know, on foot patrolman, went right back out and kept protecting
00:07:56.400 them and went into house after house is a predominantly black neighborhood house after
00:08:00.840 house, protecting women who are getting beaten and kids who are getting hurt and, you know,
00:08:05.600 black members of the community who are victims of black on black crime, which is what it tended
00:08:09.380 to be there and never once said a racist thing.
00:08:12.720 I mean, I this is my brother.
00:08:13.800 I know him well.
00:08:15.160 Never once said a racist thing, had a racist thought, just kept going back together to protect
00:08:18.800 folks, was never accused of anything like that, had a stellar career.
00:08:22.180 And then because of some cop in Minneapolis, he's got the nation pointing at him saying,
00:08:27.700 you're racist.
00:08:28.540 You're a terrible person.
00:08:29.980 You're racist.
00:08:31.020 And you and your fellow cops don't deserve funding for what you do.
00:08:34.820 He's just one example of cops who are like, what?
00:08:38.940 You know what?
00:08:39.740 Like, this is the thanks that we get.
00:08:41.640 And he continued doing his job, as did his brethren out there serving the community.
00:08:46.420 But so many have said, forget this.
00:08:49.920 Forget it.
00:08:50.500 Why?
00:08:50.760 Why would I do this?
00:08:52.660 Yeah, well, that's the thing I don't think people quite fully appreciate.
00:08:55.700 And it's a real incongruity in the left's critique, right?
00:08:58.820 I mean, the idea that policing is an institution built on and built for the oppression of low income
00:09:07.980 minority communities is just incongruous with the reality of policing, which is that police
00:09:13.800 officers are being disproportionately deployed to areas with the largest crime problems, which
00:09:19.160 tend to have disproportionately Black and Latino populations.
00:09:23.600 As a result, when they do their job, the public safety benefits associated with that job,
00:09:30.400 and you're primarily to those very communities.
00:09:32.620 And I like to ask people the rhetorical question, why on earth would an institution allegedly
00:09:37.860 designed and operated for the specific oppression of this particular community so disproportionately
00:09:43.660 benefit that community when the institution achieves its stated ends, as stated by the
00:09:50.560 people at the institution's helm?
00:09:51.940 I mean, ask any police chief in the country, what is it that you want to do?
00:09:56.260 How do you define success?
00:09:57.440 And they say, I want to keep crime under control.
00:09:59.400 I want to get crime down.
00:10:00.540 That's how I define my success.
00:10:01.840 Well, who benefits if crime goes down, right?
00:10:04.620 In the United States of America, the homicide victimization rate for Black men is 10x that
00:10:10.140 of white men, right?
00:10:11.860 In my home city of New York, 95% of all shooting victims every single year, at least, that's
00:10:17.520 a minimum, are either Black or Hispanic.
00:10:19.920 Almost all of them are male, right?
00:10:21.680 So when you look at things like the crime decline, which over the course of the 1990s, what you find
00:10:26.320 is that it disproportionately, in fact, almost exclusively benefited low income minority communities.
00:10:31.740 Between 1990 and 2014, the decline in homicides added a full year of life expectancy to the
00:10:38.600 average Black man's life.
00:10:40.200 It only added 0.14 years of life expectancy to the average white man's life.
00:10:45.100 Now, the public health equivalent of that, according to a study done by a very liberal
00:10:48.560 criminologist named Patrick Sharkey, is the elimination of obesity altogether.
00:10:53.240 Now, why on earth would these institutions be okay with providing those kinds of benefits
00:11:02.460 to those communities if it were true that they harbored nothing but racial animus for those
00:11:07.980 communities?
00:11:08.480 It's a glaring incongruity that no one seems keen to explain, but it tells us why policing
00:11:16.140 is such a noble profession.
00:11:17.520 I mean, these are people who are going into communities that are incredibly disadvantaged
00:11:22.400 and literally risking their lives on a daily basis to make life more livable.
00:11:28.000 And that is something that should be applauded.
00:11:30.740 And instead, it's dead of great.
00:11:32.780 Yeah.
00:11:33.600 In college, I had a boyfriend whose dad was a New York City cop.
00:11:36.920 He worked in White Plains.
00:11:38.800 And he was talking to, you know, once you know one cop, you know a lot of cops because they
00:11:42.360 hang out together and his his brothers down in the Bronx in blue, they're drawing their
00:11:49.180 guns every day, every day.
00:11:51.060 This is in the 90s in New York in the Bronx.
00:11:53.980 Some some cops never have to draw their gun.
00:11:55.800 Never once.
00:11:56.560 These guys are in such a dangerous area back then.
00:11:59.320 It was.
00:12:00.340 Can you imagine in a in a profession where you have to draw your gun every day, which means
00:12:05.600 you're in great danger, too?
00:12:07.660 And all we do in today's day and age is crap all over them and tell them they're awful.
00:12:12.260 I mean, to me, it's a congruence of the media, which in particular in particular in an election
00:12:17.160 year, like we saw with George Floyd, takes a tape like that and puts it on loop and works
00:12:22.440 to elect Democrats with it.
00:12:24.000 And an underlying problem with the cops, which is short of.
00:12:28.700 Of unjustified shootings, they have been too rough, in particular with black suspects.
00:12:33.920 And that that pops up in the research, too, even people like Roland Fryer, who are, you
00:12:38.260 know, he did the seminal study showing that there is not a disproportionate rate of cops
00:12:42.160 killing unarmed black men short of killing is brutality.
00:12:47.620 And so so the experience of many black men in America of having been roughed up by cops
00:12:54.080 or pulled over too many times by cops.
00:12:56.580 You know, Tim Scott was talking about I think it was like 17 times or some ridiculous number
00:13:00.660 he's been pulled over just in the past 20 years, me one time, one.
00:13:04.760 Right.
00:13:05.740 So that experience that sort of forgive the term because I hate it, but lived experience
00:13:10.060 of black men feeling extra suspect when dealing with cops layered into an agenda driven media
00:13:17.080 and Democrats agenda driven party that represents half the United States merging to produce this
00:13:24.020 false narrative of cops, as LeBron James said, like on the hunt to kill black men.
00:13:29.100 Right, right.
00:13:31.040 And, you know, and even with respect to the disproportionality that we see in non deadly
00:13:37.180 uses of force, such as what was found in Roland's study, which, you know, it's important to
00:13:43.660 remember that use of force generally is still a very rare occurrence.
00:13:49.140 Right.
00:13:49.520 So we're seeing disproportionality in what is still a very statistically rare outcome of a
00:13:55.880 police citizen interaction.
00:13:57.220 Right.
00:13:57.340 If you look at studies of arrests or police contacts, police use force at about 1% of all
00:14:04.060 arrests that they affect.
00:14:05.420 So it is incredibly reflective of their restraint as a broader profession.
00:14:12.560 And that often gets lost in the media sort of hyper focus on any evidence that sort of backs up
00:14:18.880 this narrative that we know has huge political implications, which is that the police are part
00:14:24.060 of this sort of broader racist system that produces inequities that need to be addressed.
00:14:31.100 I mean, you know, there was a study done and I talk about it in the book that looked at a million
00:14:36.000 calls for service across three police departments in three different states in Arizona, Louisiana and
00:14:41.780 North Carolina over a two year period that led to 114,000 criminal arrests.
00:14:47.460 And that entire data set, a million calls for service, 114,000 arrests.
00:14:51.380 There's just one fatal police shooting captured.
00:14:53.820 It was of an armed suspect and police use force in less than 1% of all of the arrests that they affected.
00:14:59.840 And in 98% of the cases in which they did use force, there was either no injury or mild injury to the suspect.
00:15:07.700 And so that context gets lost in our national conversation.
00:15:12.440 And what that leads to is the sorts of really radical policy interventions that we saw rush
00:15:18.380 through the legislative process since 2020.
00:15:20.680 I mean, more than 30 states passed in excess of 140 police reform bills just in the year
00:15:25.860 after George Floyd's death in this country.
00:15:28.040 Can you say that again?
00:15:28.580 More than 30?
00:15:29.380 Say that again.
00:15:30.080 More than 30 states passed over 140 police reform bills in the year after George Floyd's death.
00:15:36.940 That is an enormous amount of policy movement in a very short period of time, probably policies
00:15:46.500 enacted with very little thought given to the potential downside risks associated with that.
00:15:50.680 And now I think we're starting to have to grapple with the reality that maybe it wasn't such
00:15:56.780 a good idea to systematically lower the transaction costs of committing a crime and to systematically
00:16:02.220 raise the transaction costs of enforcing the law.
00:16:04.760 And, you know, I did an event at UC Berkeley yesterday to talk about my book.
00:16:11.820 And then someone asked the question of, you know, why is it that despite crime going up
00:16:16.400 in so many American cities, you know, we haven't seen the kind of backlash that you might expect?
00:16:20.420 And I think the answer to that is a function of where crime concentrates.
00:16:24.640 You know, the vast majority of Americans live in places that are as safe as the safest places
00:16:29.240 in the world.
00:16:29.740 There are just so many degrees of removal between the typical American and the sort of violence that
00:16:35.180 is currently plaguing the north side of Philadelphia or the west side of Chicago.
00:16:39.220 And so those degrees of removal create a sense of sort of foreignness to that kind of problem.
00:16:45.500 And the lack of understanding, the lack of experience with actual high levels of criminal
00:16:50.060 violence, I think sort of artificially increases a tolerance for a policy agenda that probably
00:16:57.020 shouldn't be tolerated to the degree that it is.
00:16:59.700 You know, the cover of the New York Post today has it highlights the immigration issue coming
00:17:04.560 to New York, you know, thanks to all these buses that are bringing illegal immigrants here
00:17:08.040 to Manhattan and showing how the New York City public schools are getting overwhelmed,
00:17:12.740 overwhelmed with children who speak no English, who are showing up for school.
00:17:16.760 There's one district has one Spanish speaking teacher.
00:17:19.380 You know, you've got 100 plus kids who are new sitting there ready to, you know, it's like,
00:17:22.560 what are they going to do?
00:17:23.480 And this is a function of the border state governors trying to show some of these sanctuary
00:17:28.060 cities and sanctuary states what their policies are wreaking down south.
00:17:33.040 And you think about what you just said about the cities versus the burbs and whether there
00:17:36.640 should be a similar busing program for, you know, inner city gangs or inner city criminals
00:17:41.900 out to the burbs.
00:17:43.440 So these, you know, they tend to be white liberal women who push these policies on the inner cities,
00:17:50.140 taking away their police funding, getting rid of cash bail and all that would have to actually
00:17:55.360 deal with the consequences.
00:17:56.920 You know, the repeat offenders who never should have been let out now have no bail.
00:18:01.400 How do you want him?
00:18:03.160 How much you want him living next to you, hanging out at your kid's school?
00:18:07.140 Because that's what has to happen for the residents of Manhattan and Philadelphia and Chicago,
00:18:12.320 who are the victims of these policies, but may not have the time to go protest on the Upper
00:18:18.400 West Side like these other women do all the time.
00:18:21.480 Yeah.
00:18:21.600 I mean, I suspect that has a little something to do with New York's turnaround in the 90s.
00:18:25.460 I mean, you know, for the most part, you know, crime tends to remain very, very sort of
00:18:31.700 concentrated in a lot of American cities.
00:18:33.380 But New York is somewhat unique in that our subway system is very integrated or, you know,
00:18:38.720 and so a lot of really highly valued public spaces in the early 90s and late 80s started
00:18:45.880 to suffer.
00:18:46.540 I mean, if you were a stockbroker living on the Upper East Side, but working on Wall Street,
00:18:51.060 it was more convenient to take the six train to work than it was, you know, to get in a
00:18:56.860 car service and, you know, be stuck on the FDR in traffic.
00:19:00.380 But you couldn't take the subways back then, not without taking your life in your hands,
00:19:04.260 essentially, right?
00:19:04.800 They were covered in graffiti.
00:19:05.780 They were gross.
00:19:06.440 They, you know, were very dangerous, lots of robberies, sexual assault, et cetera.
00:19:10.160 So that was, you know, a major public space that was really valued by, you know, sort of
00:19:14.260 politically active people that they couldn't access because the crime had gotten so bad.
00:19:18.540 You know, if you enjoyed the theater, you know, the area in and around Times Square was
00:19:23.320 incredibly hostile, you know, to tourists and people who were just trying to, you know,
00:19:28.380 enjoy that part of the city.
00:19:30.380 And so, you know, you couldn't really go to a show without being accosted by, you know,
00:19:34.420 prostitutes and drug dealers and pimps.
00:19:37.120 And, you know, there was like porn shops all over the place.
00:19:40.360 And it was, again, it was really gross.
00:19:41.860 If you, you know, had a million dollar mansion on Central Park West, you wanted to be able
00:19:45.700 to go jog in the park in the morning, but you couldn't do that without risking getting
00:19:49.560 robbed or worse.
00:19:50.540 And so as those highly valued public spaces deteriorated more and more, I think that is
00:19:57.220 what drove the sort of rethinking that led to the revolution that allowed New York to
00:20:02.760 kind of win the war on crime for as long as it did.
00:20:05.920 But that's not going to happen in a lot of other cities where the crime is just, you know,
00:20:10.280 going to remain concentrated in the places where it's always been concentrated.
00:20:14.040 You know, it's starting to change in some places like Chicago where, you know, parts
00:20:17.560 of the loop and, you know, the Gold Coast and River North are starting to see shootings,
00:20:22.480 you know, at rates that they never saw before.
00:20:24.180 And maybe that'll start to change things there.
00:20:26.400 But in lots of other parts of the country, that's just not going to happen.
00:20:30.460 And so, you know, one of the reasons I do the work that I do is to try and sort of bring
00:20:33.280 these stories to people so that they understand or at least, you know, come closer to understanding
00:20:38.660 what life is like living in a place where that is a sort of everyday occurrence.
00:20:44.180 I mean, you know, you and I remember the D.C. sniper situation.
00:20:47.720 I mean, people living in and around, you know, Virginia and Washington, D.C. back then were
00:20:51.720 losing their minds around this time.
00:20:54.100 I mean, they were, you know, pumping gas while dunking behind their car.
00:20:57.900 They'd drive past the E on their gas tank at night so as not to, you know, have to get
00:21:02.220 out and be targeted.
00:21:03.160 They would zigzag through empty parking lots if they left work late.
00:21:05.760 I mean, these are very rational people living in America's most elite zip codes, taking
00:21:10.220 all of these drastic steps to minimize their risk of being victimized, which, by the way,
00:21:15.080 was on par with being struck by lightning.
00:21:17.540 And yet the psychological impact was so profound for them.
00:21:20.280 But they don't seem to be able to internalize what life is like in a neighborhood where someone
00:21:25.360 gets shot every week, where gunshots are heard on a near daily basis and where your chances,
00:21:33.500 you know, of being victimized by gun violence are actually higher than of you graduating
00:21:38.340 from college on time.
00:21:39.580 Right.
00:21:39.740 I mean, so that is something that I think needs to change.
00:21:43.140 And it's one of the things that really kind of motivates me to bring attention to these
00:21:47.580 issues.
00:21:48.660 We talked about Philadelphia here and there in the first 20 minutes.
00:21:52.140 And Larry Krasner is their soft on crime D.A., George Soros backed.
00:21:55.760 He was interviewed by the local Fox reporters.
00:21:59.600 I think Mike Jarek is one of the guys in this clip or my old pal from Fox News channel
00:22:03.820 and got very defensive and then kind of went on offense in a fascinating clip.
00:22:11.360 Here it is.
00:22:11.860 Watch this.
00:22:12.340 Sot 10.
00:22:14.000 Or a reformed district attorney.
00:22:15.660 Everybody in the country knows that.
00:22:17.740 But maybe it's not working.
00:22:20.000 It is working.
00:22:20.760 The reality is there are 2,000 people killed in 20 months.
00:22:24.920 It is working.
00:22:26.420 The reality is when you look at all these different jurisdictions, we have had a devastating
00:22:30.880 blow from the pandemic.
00:22:32.500 And there is absolutely no correlation between being progressive or traditional and the rate
00:22:37.880 of crime.
00:22:38.780 These states in the United States that have a rate of homicide that is 40 percent higher
00:22:43.900 are MAGA states.
00:22:45.540 They are Trump states.
00:22:46.800 I'll say it again.
00:22:47.800 The rate of homicide in Trump states as compared to Biden states, take all 50 of them, is 40
00:22:53.120 percent higher.
00:22:53.800 You know Republicans say the opposite.
00:22:55.200 It's all the blue Republicans lie.
00:22:57.240 I mean, let's just get down to it.
00:22:58.960 Republicans lie.
00:23:00.420 That is what they do.
00:23:01.540 Eight of the 10 cities without not.
00:23:03.560 Well, OK, that's right.
00:23:04.500 Not all of them do.
00:23:05.140 But the MAGA ones do.
00:23:06.420 Eight out of 10 of the most violent cities are Trump cities.
00:23:10.920 Like we got to get real about this.
00:23:12.460 Facts matter.
00:23:13.180 Eight out of 10 of the most violent cities are Trump cities.
00:23:19.720 Is that true or isn't it?
00:23:21.900 I'm going to have to request a citation on that because to my knowledge, that is completely
00:23:27.320 false.
00:23:28.020 And this whole red state murder problem meme is really.
00:23:31.520 Wait, let me pause you on that because I know I know you've got points on that.
00:23:34.020 But can I just say as a fact check, a compilation of June police data from cities with populations
00:23:41.380 greater than 200,000 shows that so far in 2022, the cities with the highest murder rates
00:23:49.240 are in, you know, from top to descending order.
00:23:52.960 New Orleans, Baltimore, Birmingham, St.
00:23:55.340 Louis, Milwaukee, Cleveland, Rochester, Philadelphia, Atlanta and Kansas City.
00:23:59.420 What do all those cities have in common?
00:24:02.500 Democrat mayors.
00:24:04.140 He's just wrong.
00:24:05.220 It's just not true.
00:24:06.080 So that second point he just said, I'll do him the courtesy of not saying it was a lie,
00:24:10.660 but he doesn't have his facts straight at all.
00:24:13.000 The top 10 cities when it comes to violent crime are Democrat controlled cities, not MAGA
00:24:18.560 Trump cities.
00:24:19.740 I mean, give me a break.
00:24:20.660 Really?
00:24:21.620 OK.
00:24:22.060 OK, Philadelphia.
00:24:23.480 Is that a Trump MAGA city?
00:24:25.440 Because last I looked, it looked pretty blue to me.
00:24:27.420 Baltimore, New Orleans.
00:24:29.020 All right.
00:24:29.860 Do your homework, sir.
00:24:31.300 Now, let's go to the larger point of states, because there are red states that are in the
00:24:38.080 top 10 when it comes to states with the biggest crime problems.
00:24:41.820 Go ahead.
00:24:43.100 Yeah, I mean, well, it's just kind of a silly point to make.
00:24:46.440 I mean, first off, you know, state murder rates are an aggregation of crime across a geographic
00:24:52.300 area that can't possibly be occupied at the same time.
00:24:55.300 Right.
00:24:55.520 So it doesn't really tell us anything about how safe or, you know, at risk we are at any
00:25:00.460 given point in time in any given place within that state.
00:25:03.180 So, you know, to me, those rates are usually pretty useless.
00:25:06.520 But if you look at red states and their murder rates, what you'll find is that their murder
00:25:12.460 rates are almost entirely a function or largely a function of their biggest cities, which are
00:25:18.720 often very blue and often very dangerous.
00:25:21.300 Right.
00:25:21.580 So there are a couple of examples that I give in a New York Post piece on this today.
00:25:25.760 If you look at, you know, Mississippi or Louisiana, in Louisiana, New Orleans, Shreveport and Baton Rouge,
00:25:34.580 which are all blue cities, if you took those out of the analysis, Louisiana's state murder rate goes
00:25:40.480 down by nearly 30 percent.
00:25:41.780 In Mississippi, if you just took Jackson, Mississippi out, which is another blue state with a
00:25:45.600 progressive prosecutor, I might add, the state's murder rate goes down by nearly 20 percent.
00:25:50.720 18.7 percent.
00:25:52.780 So, you know, the idea that this sort of red state murder problem is evidence that, you
00:25:58.740 know, conservative MAGA types, as they put it, are just wrong on crime is a little silly
00:26:07.200 because there's really no, they're not making an actual connection between policy and outcomes.
00:26:13.000 I mean, the better question to ask is, are we better off for policy decisions that make
00:26:19.200 it more likely that repeat offenders will spend more time on the street?
00:26:23.100 Are we better off?
00:26:24.780 Oh, wait, I do want to talk to you about the policies that are driving this.
00:26:27.580 But can I can I just stop on Larry Krasner for a second?
00:26:30.380 The D.A.
00:26:31.960 And number one, generally is supposed to be anti-criminal and want to lower the crime rate
00:26:37.340 and be pro-fact.
00:26:38.680 That's why we say of our prosecutors, you have an obligation to the truth and to justice.
00:26:42.380 And if you pursue a crime and you figure out that the guy didn't do it or you don't have
00:26:46.420 a good faith belief that you can convict this guy beyond a reasonable doubt, you're supposed
00:26:50.580 to drop the charges on your own without making it go to trial.
00:26:53.340 You have a different obligation than the defense attorney.
00:26:56.940 This guy is a partisan hack.
00:26:59.460 That's what that soundbite tells me.
00:27:01.180 What he so what Raphael's basically told us is that the only reason he can say that red
00:27:06.080 states Trump Trump supporting red states have a higher murder rate than some blue states
00:27:11.180 is because their largest blue Democrat run cities are jacking up the average in these
00:27:19.180 red states.
00:27:19.860 The reason they have a problematic murder rate and homicide and violent crime rate is because
00:27:23.240 of the Democrat run large cities within the red states.
00:27:27.400 Knowing that, can we just listen to that soundbite again and listen to the dishonesty of this man
00:27:32.780 who's the prosecutor for one of the cities most plagued by homicide and violent crimes in the
00:27:37.820 United States?
00:27:38.440 Here he is again.
00:27:39.520 Larry Krasner.
00:27:41.180 For our reformed district attorney, everybody in the country knows that, but maybe it's
00:27:46.020 not working.
00:27:47.420 It is working.
00:27:48.260 The reality is there aren't 2,000 people killed in 20 months.
00:27:52.440 It is working.
00:27:54.320 The reality is when you look at all these different jurisdictions, we've had a devastating blow
00:27:58.780 from the pandemic and there is absolutely no correlation between being progressive or
00:28:03.920 traditional and the rate of crime.
00:28:05.860 These states in the United States that have a rate of homicide that is 40% higher are MAGA
00:28:12.440 states.
00:28:13.060 They are Trump states.
00:28:14.300 I'll say it again.
00:28:15.300 The rate of homicide in Trump states as compared to Biden states, take all 50 of them, is 40%
00:28:21.180 higher.
00:28:21.300 You know Republicans say the opposite.
00:28:22.840 It's all the blue cities.
00:28:23.820 Republicans lie.
00:28:24.760 I mean, let's just get down to it.
00:28:26.460 Republicans lie.
00:28:27.940 That is what they do.
00:28:29.040 Eight of the 10 cities without not.
00:28:31.080 Well, OK, that's right.
00:28:32.020 Not all of them do.
00:28:32.660 But the MAGA ones do.
00:28:33.920 Eight out of 10 of the most violent cities are Trump cities.
00:28:38.260 Like, we got to get real about this.
00:28:39.980 Facts matter.
00:28:41.980 This is crazy.
00:28:42.920 Those poor Philadelphians, Raphael.
00:28:44.580 I mean, their murder rate is through the roof.
00:28:46.620 And this is the guy that they're depending on to correct that.
00:28:50.500 And all he seems to want to do is mislead and just deny the facts, never mind address
00:28:57.480 them.
00:28:58.660 Yeah.
00:28:58.820 I mean, the audacity is really just jaw dropping.
00:29:01.720 The idea that he would sit there on TV and say that what he's doing is working in the
00:29:06.800 face of all time highs for homicide, right?
00:29:10.920 This is if Philadelphia cannot say like other cities can, that it was worse in the 1990s.
00:29:16.140 No, it is as bad as it has ever been.
00:29:18.480 And that has happened under Larry Krasner's watch.
00:29:21.400 What is it that's where I mean, I suppose he can say it's working insofar as he campaigned
00:29:26.860 on releasing a lot more criminals and not prosecuting a lot more criminals.
00:29:31.720 And not incarcerating a lot more criminals.
00:29:34.000 So, you know, I guess in some sense it's working, but it's not working for the people
00:29:38.360 on the north side that are dealing with violence levels that have never been seen before in
00:29:42.680 that city.
00:29:43.740 I mean, it really is.
00:29:45.400 And these people are not going to go pull the stats and do their homework to figure out
00:29:50.100 whether he's lying to them or not.
00:29:52.040 There's there still tends to be a level of trust in our public officials.
00:29:55.500 We used to really respect prosecutors who put bad guys away.
00:29:59.140 Not this one.
00:30:00.060 This guy is an obfuscator and the nerve to be accusing the Republicans of being liars
00:30:05.640 as he lies through his teeth on television.
00:30:09.820 That one was particularly galling.
00:30:11.780 Now, you you have taken a look at how what got us here.
00:30:16.340 I mean, that's the question, right?
00:30:17.420 Is it is it because the Democrats all say pandemic pandemic drove people crazy, drove people into
00:30:22.000 the streets.
00:30:22.460 We're still recovering from that.
00:30:23.660 That may be a factor in the rising crime rate we've seen over the past few years, but it
00:30:29.600 certainly doesn't tell the whole story.
00:30:31.200 So what does?
00:30:33.520 Yeah.
00:30:33.720 Well, it's the pandemic.
00:30:34.980 Like, I mean, not telling the whole story, I think, is a little bit of an understatement.
00:30:38.600 I mean, the pandemic affected the entire world.
00:30:40.720 The entire world did not see violent crime rise the way that the U.S. saw, right?
00:30:46.180 The pandemic affected the entire country.
00:30:48.620 As far as I can tell, violent crime remained as geographically and demographically concentrated
00:30:53.460 as it was before the pandemic in the post-pandemic years.
00:30:56.760 So, you know, if, in fact, exposure to the pandemic caused people to commit violent crime
00:31:02.840 that otherwise wouldn't commit violent crime, we would have we would have expected to see
00:31:07.460 violent crime become a sort of more widespread problem as opposed to just a bigger problem
00:31:12.520 in the pockets of concentrated crime where it was already a problem.
00:31:17.560 And so, you know, that that is just, I think, something that really has to get said at the
00:31:22.740 outset.
00:31:23.040 But, you know, one of the things that I think we have to open our minds to is the possibility
00:31:27.280 that the broad trend toward decarceration and depolicing has something to do with what
00:31:32.180 we're experiencing right now.
00:31:33.780 And what we're experiencing right now isn't just a function of the post-2020 world.
00:31:38.400 People forget that in 2015 and 2016, the U.S. saw pretty significant increases in the homicide
00:31:44.300 rate across the country.
00:31:46.020 Lots of cities started dealing with much higher rates of crime.
00:31:49.780 Chicago saw something like a 58 percent increase in homicides in 2016.
00:31:53.880 In 2019, Baltimore set its homicide rate record.
00:31:57.820 So this isn't just a pandemic era phenomenon.
00:32:01.520 Now, what might it have to do with?
00:32:03.380 I think it might have something to do with the fact that over the last 15 years, our incarcerated
00:32:10.060 or imprisonment population has gone down by about 20 percent.
00:32:14.680 You know, the pandemic probably contributed to that to some degree insofar as when the
00:32:20.740 court shut down, we saw a lot fewer people going to jail in the short term and more people
00:32:24.960 being released earlier from prisons.
00:32:26.400 And that probably had an impact on public safety.
00:32:28.580 But just as a matter of policy, we have made it less likely that committing a crime will result
00:32:35.100 in incarceration.
00:32:35.840 We have seen the advent of the progressive prosecutor movement to the extent that now nearly 50 million
00:32:41.380 Americans are living in progressive prosecutor jurisdictions.
00:32:44.560 That would have been unheard of 10 years ago.
00:32:47.380 We've seen sentencing reforms, bail reforms, juvenile justice reforms, discovery reforms.
00:32:53.900 All of these things have been aimed in one direction.
00:32:57.000 And that is, like I said before, to lower the costs of committing crime as well as to raise
00:33:02.000 the cost of enforcing the law.
00:33:03.300 And those things have come in the form of new restrictions on prosecutors, you know, new
00:33:08.580 restrictions on police.
00:33:09.620 And we've also seen depolicing as a result of fear on the part of police of being proactive
00:33:15.380 and being treated unfairly and tried and convicted in the court of public opinion for things that
00:33:21.200 were actually completely lawfully done.
00:33:23.400 I mean, I'm thinking here.
00:33:24.240 The post-George Floyd.
00:33:25.960 Yeah.
00:33:26.400 I mean, just think about the Micaiah Bryant case, right?
00:33:28.520 I mean, here is an officer saving the life of of one girl who was about to have a large
00:33:34.780 knife plunged into her abdomen.
00:33:37.040 And he was, you know, plastered all over social media as a racist killer.
00:33:42.800 Mm hmm.
00:33:43.260 This is the one where MSNBC was saying, oh, it was playful.
00:33:46.540 You know, this is playful.
00:33:47.420 This is what you do when you're when you're growing up.
00:33:49.340 And Gadsad has his amazing, his amazing video.
00:33:53.180 I'll never forget going.
00:33:54.520 It was just a tickling of the aorta, you know, like we all used to do when we were growing
00:33:59.520 up.
00:34:00.040 It was absurd.
00:34:02.460 It really, truly is.
00:34:03.660 I mean, we are living in bizarre world in many ways.
00:34:06.060 And so, yeah, I mean, I think all of that in the aggregate is probably explains a big
00:34:12.260 chunk of where we're going and what we're seeing on the streets.
00:34:16.540 You know, there's just no real getting around that.
00:34:20.880 I mean, we know just from from past analyses, incarceration works, policing works.
00:34:28.120 We just haven't invented some other way to produce the same kind of public safety.
00:34:32.640 Well, you know, you just know you have these bleeding hearts who are like, well, incarceration,
00:34:36.180 we need to decarcerate because it disproportionately affects black men.
00:34:40.800 It's like, well, the stats show that that is who's committing the majority of violent crime.
00:34:45.440 These two things are related, but you're supposed to just feel bad.
00:34:49.320 And in the name of racial justice, open the prison doors.
00:34:51.940 That's a good place to pause it because there's much more to discuss, including what's going
00:34:55.500 on in New York City and these videos that have come out, which I will show you right
00:34:58.680 after this break is Raphael stays with us.
00:35:06.860 So decarceration has been the big, big push.
00:35:09.500 No, we've got to let people out of the jails because we have a racist criminal justice system.
00:35:12.580 I mean, BLM basically says, open the jails, open the jails, let them all out.
00:35:15.960 That was on their policy prescription on their website for a long time may still be, which
00:35:20.600 is absurd.
00:35:21.140 Of course, you know, you know how many people who black and brown people in particular are
00:35:25.500 going to get killed if we do that.
00:35:27.820 OK, so that's not going to happen.
00:35:29.880 But decarceration and a racist criminal justice system leading to overcrowding of black and
00:35:36.200 brown people in the jails has been something I've heard from people I respect who are not
00:35:40.620 crazed race essentialists like BLM, too.
00:35:44.720 So what do you say to that?
00:35:46.980 Yeah, I mean, I said we have to understand that just looking at top line disparities doesn't
00:35:53.120 really tell us much about what's going on.
00:35:55.240 Right.
00:35:55.500 The overrepresentation of black and brown men in U.S.
00:35:59.120 prisons is primarily a function of an overrepresentation of black and brown men involved in serious crime.
00:36:06.780 And it is serious crime that lands people in prison.
00:36:10.000 We have this sort of narrative in our country that our incarceration rate reflects a punitive
00:36:14.860 disposition on the part of our nation's criminal justice systems, a systematic failure to provide
00:36:21.620 second chances.
00:36:22.920 And the reality is that could be further for the truth.
00:36:25.400 First of all, post-conviction imprisonment is not even the most likely outcome of a criminal
00:36:31.740 felony case.
00:36:32.500 In the state system, only 40 percent of felony convictions will result in a post-conviction
00:36:38.340 prison sentence.
00:36:39.220 The majority of people are either getting time served in pretrial detention or they're
00:36:43.900 getting sentences of probation or they're having their cases, you know, their sentences deferred.
00:36:48.600 So that's that's number one.
00:36:50.580 Number two is if you look at the average prisoner, this is someone who has somewhere between 10
00:36:55.240 and 12 prior arrests and about five prior convictions.
00:36:59.260 These are not people who have been denied second chances.
00:37:01.720 So then the question becomes, well, is it in fact better to release these people out into
00:37:08.300 the community rather than incarcerate them?
00:37:10.480 And I think the answer to that question is obviously no.
00:37:13.220 And the reason I think that is because I've looked at our recidivism data and our recidivism
00:37:17.220 data show consistently that somewhere in the range of 80 percent of state prisoners will
00:37:22.220 re-offend at least once when they're released.
00:37:24.900 Over a 10-year period, released state prisoners will generate five re-arrests.
00:37:29.840 And that's a lot considering the fact that a good chunk of them will actually find themselves
00:37:34.120 back in prison before that 10-year period is up, which means that they won't be on the
00:37:38.140 street to generate more re-arrests.
00:37:39.940 So, you know, and again, this is a problem that is not going to be evenly distributed.
00:37:44.780 So if we're going to talk about, you know, the over-representation of certain, you know,
00:37:49.560 racial groups in our incarcerated population, we also have to talk about the disparities with
00:37:55.960 respect to the distribution of the risks associated with decarceration.
00:37:59.900 If crime goes up, we know that it's not going to go up in rich white communities.
00:38:04.860 That's just not the reality.
00:38:06.940 And so I just always ask people who harp on the racial disparities in incarceration,
00:38:13.040 why they aren't equally concerned with the racial disparities in victimization.
00:38:18.420 Again, you know, I repeat myself, but the black male homicide victimization rate in this country
00:38:23.640 is 10x that of the white male homicide victimization rate.
00:38:27.320 That is a massive, consistent, and incredibly stark disparity that ought to inform our decisions
00:38:34.240 with respect to whether we should pursue large-scale decarceration, which we simply cannot safely
00:38:39.780 pursue.
00:38:40.160 I mean, you know, the other thing, too, is like, if you just look at the top-line disparities,
00:38:45.880 yeah, it looks bad because, you know, black and brown men are X percent of the population,
00:38:50.460 but X plus some other number percent of the prison population.
00:38:54.200 And the implication is that, you know, well, this is just a function of racial animus within
00:38:58.740 the system.
00:38:59.500 But that's just not true.
00:39:00.580 When you actually look at, you know, at the data and control for race-neutral factors that
00:39:07.660 would explain incarceration, the disparity shrinks to almost nothing, right?
00:39:12.980 So when you control for the type of crime committed, the severity of the crime committed,
00:39:17.240 the age and criminal histories of the offenders, the jurisdiction in which the crime was committed,
00:39:22.720 the disparity in sentencing basically comes down to a matter of weeks, maybe a couple months,
00:39:27.560 which would be a really weird way for judges to manifest their racial animus toward a particular
00:39:33.020 group.
00:39:34.720 And so, you know, it really is one of the more frustrating points that I find myself sort of
00:39:40.420 repeatedly responding to because, you know, it just continues to commit the same two errors,
00:39:45.500 which is one, you're not actually controlling for all the relevant factors that might explain
00:39:48.980 the top-line disparity that you're harping on.
00:39:51.160 And two, you're assuming that whatever disparity remains after you control for those factors,
00:39:55.240 which we know is very, very small, you're attributing that to racial animus
00:40:00.300 without any real basis for that, right? Just because we haven't identified some obvious
00:40:05.420 factor that explains a disparity doesn't mean that racism is the only other explanation.
00:40:11.040 Right. Of course, that's exactly the opposite of what Ibram X.
00:40:15.040 Kennedy believes. Any disparity means racism, and the only answer is racism against the dominant
00:40:19.480 group. Can we just spend one minute on why? Did you take a look at why? Why do black men
00:40:29.120 disproportionately commit the violent crime, right? Like, that seems like a relevant question. I'm
00:40:34.080 sure Kendi would tell me because of white supremacy. You know, we've set up the system in a way that
00:40:38.340 gives them no chance in life, and therefore they resort to a life of crime. But what is the actual
00:40:43.200 answer?
00:40:44.800 Yeah, I mean, you know, I'm not sure I have the actual answer. I suspect that culture is a big
00:40:49.780 explanation. It's a big part of the explanation. If you, you know, look at the arguments of people
00:40:57.160 like Kendi and other, you know, sort of decarceration activists, what they'll say is that,
00:41:01.440 well, you know, the broader economic system is sort of rigged against, you know, black men in
00:41:08.360 particular. But that doesn't seem quite right to me. First off, the majority of blacks in our society
00:41:14.580 don't commit crimes. They're completely law abiding, right? So that seems an overly broad explanation
00:41:21.220 for a problem that is very hyper-concentrated within a subset of that population. But it also
00:41:26.940 is in tension with the sort of lack of nexus between the sort of socioeconomic indicators that
00:41:33.940 are being alluded to and the kinds of violence that we're seeing, right? If you look at things
00:41:39.160 like poverty rate, unemployment rate, they don't actually provide clear explanations for violent
00:41:44.920 crime. You know, the poverty rate in New York City, for example, has remained essentially steady
00:41:49.600 since the mid-1980s. And yet we've seen a massive decline in homicides over that period. If you look
00:41:57.160 at, you know, the Great Recession, we saw the unemployment rate in this nation nearly double,
00:42:02.540 and yet homicides declined 15% during that period. Homicides didn't rise in New York City,
00:42:07.220 didn't rise in Chicago. And so, you know, that just doesn't make a ton of sense. You know,
00:42:14.760 there's also what criminologist Barry Latzer likes to call crime adversity mismatch,
00:42:19.320 which is that you can actually sort of identify different culturally identifiable groups and,
00:42:25.080 you know, sort of compare them with respect to socioeconomic status. And what you'll see are
00:42:31.020 sort of consistencies in terms of socioeconomic status, but inconsistencies in terms of involvement
00:42:36.060 in violent crime. I mean, so in New York, for example, Black New Yorkers experience poverty at a
00:42:42.040 lower rate than Asian New Yorkers and Hispanic New Yorkers, yet are represented in among violent
00:42:47.780 crime suspects at much higher rates than both of those groups. So, you know, the sort of basic claim
00:42:53.680 that the sort of economic system is really at the root of these differences, I don't think holds much
00:42:59.420 water. And that kind of leaves us with a potential argument in favor of a cultural explanation,
00:43:06.680 which does make some sense. I mean, I think there's some really good work that's been done on this in
00:43:10.780 the past. And I'm thinking now like Elijah Anderson's 1992 book, I want to say, Code of the
00:43:16.940 Street, where he embedded himself in North Philadelphia, and sort of identified the prevailing
00:43:21.460 social mores. And what he found, you know, through this kind of anthropological study was that there
00:43:28.160 was a sort of culture that elevated violence as a legitimate means of respect acquisition, and as a
00:43:33.560 legitimate means of dispute resolution. And it's that culture that explains the disparate rates of
00:43:39.520 a violent crime in those areas as compared to other areas. And, you know, I do think that it's
00:43:45.140 time, you know, for us to start grappling with the possibility that there's something to that. I know
00:43:49.480 the culture word, you know, makes lots of people really uncomfortable. But, but, you know, the other
00:43:55.260 explanations just don't seem to sort of fit the problem very well.
00:43:59.480 Hmm. I did some stories on inner city Chicago, a couple of years ago, and went right in the heart
00:44:07.900 of, you know, the problem. And it was so it was such a, there was such despair in the community. I
00:44:13.980 talked to a lot of moms, whose sons were in prison, whose husbands were in prison, who live in a in a
00:44:20.120 community where there could be shot at any moment for absolutely nothing. And there will be absolutely
00:44:25.140 no criminal penalties, nine times out of 10 for the shooter. And it's to the point where like,
00:44:30.600 you could get shot just for leaving the neighborhood. Like if you leave the one
00:44:34.820 neighborhood that's controlled by certain gangs or certain people, and crossover, say, for example,
00:44:39.660 the predominantly black neighborhood into the predominantly Hispanic neighborhood,
00:44:42.840 that can be a lethal, a fatal offense. And you can you can be somebody who's trying to better his
00:44:49.300 life, you can be going to a community center trying to, you know, take extra classes and still get
00:44:53.780 shot in a drive by on your walkout. Like there's no respect for, you know what, this kid's trying
00:44:58.520 to get out. This kid's trying to make better of himself and help his mom and do that. Like, no.
00:45:02.520 So I can see how you and of course, most of these homes are fatherless and so on. But it's like,
00:45:07.720 I can see how you'd be living by a different code that would lead you to say, I don't follow the normal
00:45:15.300 rules. And no one's really going to make me and just F this system that doesn't give a shit about me
00:45:21.260 or anybody I love. Yeah, no, I think that the broken homes point is also really important,
00:45:26.640 because, you know, one of the things that the research on family structure tells us is that
00:45:31.920 two parents are generally better than one, assuming that both parents are prosocial,
00:45:36.280 their dispositions. And when you have an absent parent, or you have the presence of an antisocial
00:45:42.140 parent, the socialization process for young children becomes much more likely to break down.
00:45:49.300 And when the socialization process breaks down, that's much more likely to result in conduct
00:45:54.860 disorders, which can then metastasize into full-blown personality disorders. And one of the
00:45:59.400 things that people don't really talk much about is the fact that in the general male population in
00:46:04.860 this country, something like antisocial personality disorder has a prevalence rate of between two and
00:46:09.880 four percent. But in prison settings, it has a prevalence rate of between 40 and 70 percent,
00:46:15.080 which is massive. That's a much higher rate even than poverty, right? So antisocial personality
00:46:21.320 disorder is more common among prisoners than poverty. So is a substance use disorder, which is
00:46:27.040 another thing that we know is very likely to come from small children who develop diagnosable conduct
00:46:34.240 disorders. And we know that conduct disorders are much more likely to develop if the socialization
00:46:39.460 process breaks down, which is much more likely to break down if you don't have two pro-social parents
00:46:45.240 in the house sort of dedicated to that process. I mean, you know, people kind of think that, you know,
00:46:50.000 children are born into the world generally good and that we learn how to be bad. But I think anyone
00:46:54.440 with toddlers knows that that's not true. You know, our sort of natural disposition as, you know,
00:47:01.020 uncivilized humans is to use violence and our parents and our teachers socialize us out of that.
00:47:05.920 And when that process breaks down, it's problematic. Wow. All right. Up next, we're going to get into
00:47:11.560 some specifics. There have been some horrific crime videos making the rounds in the news. And I have to
00:47:17.780 say for good reason, because it does seem to speak to a general deterioration in our humanity. So why,
00:47:25.360 why and what is the answer? Raphael's got thoughts. That's next. And remember, folks, you can find the
00:47:30.200 Megyn Kelly show live on Sirius XM Triumph Channel 111 every weekday at noon east and the full video
00:47:36.060 show and clips by subscribing to our YouTube channel, youtube.com slash Megyn Kelly. The
00:47:41.000 YouTube channel's on fire right now. Don't miss all the fun happening over there. If you prefer an
00:47:45.640 audio podcast, follow, download on Apple, Spotify, Pandora, Stitcher, or wherever you get your podcast
00:47:50.400 for free. And there you will find our full archives, including the very first time Raphael was on
00:47:54.960 in episode 363. Check it out.
00:48:00.200 Raphael, let's talk about what we're seeing. I mean, of course, I live in the New York area and
00:48:07.520 it's horrendous what's happening here. I lived in New York in the late 1990s. I lived downtown. I
00:48:13.960 rode the six train that you mentioned about. This is during the Giuliani era when things started to
00:48:18.080 get better, you know, and then we had Bloomberg. Thanks to Giuliana and Bloomberg, we had a nice long
00:48:23.100 time here in New York where you could live in a neighborhood without having to worry about
00:48:26.660 crime that much. Boy, how things have changed on our horrific last mayor,
00:48:32.060 the soft on crime DA that we now have now and so on. But there was this one video that really
00:48:37.480 underscored. Just how we've lost our moral compass, we've we've lost our connection, our humanity.
00:48:44.560 And it happened just the other day. A dead man, a man was run over by a truck in Midtown Manhattan.
00:48:52.740 I think it was 8th Avenue and 44th Street, which is right right in Midtown. And the guy was in his
00:48:58.760 young fifties. He was there underneath the wheel of the truck dead. It's a tragedy. And some guy ran
00:49:10.460 over and pick pocketed him to the point where they couldn't even identify the guy without checking
00:49:17.760 dental records later because they took his ID. And the worst part of it, maybe it's hard to pick
00:49:23.180 is he was cheered on. These New Yorkers standing there right in the middle of Midtown, New York
00:49:29.840 cheered him. I'm going to play it. You can see it on YouTube later in our listening audience. We'll hear
00:49:34.960 the exuberant cheers as this man picked the pocket of a dead man in Midtown.
00:49:41.300 They loved it. The man still underneath the enormous wheel of the truck dead in front. I don't I don't even
00:50:07.420 know what to say. We've lost our humanity. Yeah, yeah, there really aren't any words that fully
00:50:12.860 capture just how disgusting that is. I mean, you know, it's and the laughter that the sense of
00:50:20.220 enjoyment is, you know, that that's the kind of thing that I think indicates, you know, sort of
00:50:24.840 cultural argument as to what undergirds this, right? Because if you could make the argument that
00:50:31.180 this was just a function of poverty, this is just, you know, someone trying to make ends meet because
00:50:35.840 they're desperate, you that that doesn't come with the laughter that doesn't come with the go ahead
00:50:41.240 gangster. I mean, you know, what is that? It's, I think you're exactly right. I think in a lot of ways,
00:50:47.020 too many people are becoming far too desensitized to tragedy and gore and violence. And that's only
00:50:54.480 going to breed more of it. Yeah, and they see it everywhere. They see it in the New York City subway,
00:50:58.940 former New York governor, Democrat, Patterson came out this week, I think it was and said,
00:51:04.880 I have never felt more unsafe in my life in New York City ever. This is a lifetime record for him.
00:51:12.120 I think a lot of people are feeling that you cannot take the subway anymore. I would not take
00:51:16.880 this up. I took the subway. You mentioned the six train again. I took it every day, every day when
00:51:21.280 I was a young lawyer practicing in Manhattan in 1997 through 1999. Every day I took it. You I would not
00:51:28.860 take the subway anymore. The hell no. There's I saw you had a tweet the other day about the murder
00:51:35.900 rate down in the subway and how we're seeing it go up and up and up this year. I think it's they've
00:51:41.300 had seven this year. Seven people get get killed. That doesn't count. All the people have just been
00:51:45.600 stabbed in the face and stabbed in the shoulder. And these are young dads, young moms doing nothing,
00:51:52.160 nothing wrong. And people say, well, it's only seven. OK, well, it it tends to be one, one per year.
00:52:01.340 Seven is a huge increase. It's the point you were making. And the videos are every day. We see another
00:52:06.680 one of people down in the subway harassing people. Here's just one bizarre one just to show the viewers
00:52:11.460 at home. Some I think it was women dressed as green goblins took to the subway and committed a crime.
00:52:19.160 Um, this is just a video. It was on October 2nd. I don't even know what they're doing.
00:52:24.320 I don't even know. It's like organized crime who think they think it's funny. They think it's going
00:52:29.280 to be like a laugh riot to deck themselves out in bizarre neon green body suits, brutally attacking
00:52:35.060 and mobbing to 19 year olds where Times Square Times Square subway station, 2 a.m. after one of the
00:52:42.320 victims committed the sin of apparently bumping into them happens over and over nine times out of 10,
00:52:48.240 Rafael, though, not always. It's some homeless person shoving somebody onto the tracks.
00:52:53.600 Yeah, no, this is a real problem. I mean, people try to downplay it and say, oh, well,
00:52:57.300 it's only seven. Yeah, well, it's only seven compared to one or zero, right, in prior years
00:53:04.160 before 2020. And that doesn't even begin to account for the fact that we have significantly
00:53:08.980 lower ridership so that on our best day, we're at about 70 percent of what our pre-pandemic
00:53:13.420 ridership was. So the rate's even higher when you account for that change. But basically in the last
00:53:19.180 three years, we have seen a decade's worth of subway murders compressed into three years,
00:53:25.320 less than three years, really, because 2022 isn't over yet. That's a massive change. And it's a change
00:53:30.780 that really matters for the future health of the city, right? If people don't take public
00:53:35.620 transportation out of fear, which is a completely reasonable thing to do. You know, our family got
00:53:41.260 a car recently when my wife took a job in the Bronx because I just didn't want her taking the subway,
00:53:47.160 you know, at six o'clock in the morning by herself and at six o'clock at night by herself.
00:53:52.560 And, you know, I suspect lots of people who can afford to and who are fortunate enough to be in
00:53:57.480 that position are making similar decisions, if not deciding to leave the city altogether on that
00:54:02.140 basis. And that's really, really not good for the future of New York, which depends on a tax base
00:54:08.100 of people that really valued having a 24-7 public transportation system that was safe. I mean,
00:54:15.400 I remember being, you know, young and in college and, you know, in my young professional life,
00:54:20.760 you know, taking the subway home from a bar at 2.30 in the morning, not thinking twice about,
00:54:24.620 you know, closing my eyes and taking a nap. Now, when I take the subway, I don't even,
00:54:28.920 you know, turn my headphones on. I'm, you know, I do feel tense and sometimes afraid. I mean,
00:54:35.640 for the first time in my life, actually, in 2020, I changed cars out of fear of someone who was in
00:54:41.080 the car. I'd never done that. I'd been riding the subway by myself since I'm nine years old.
00:54:45.380 And I had never done that until I was in the mid-30s.
00:54:48.020 Oh my God, I've done that a million times. I've done it a million times. But that's,
00:54:50.820 especially because I was on the subway a lot in my young 20s. And I'm telling you,
00:54:54.360 like, young women in their 20s are the ones who get attacked. I mean, so it's like, you know,
00:54:59.420 when you're a young woman in your 20s, you're at like peak possible victimization. I've moved
00:55:04.080 subway trains more times than I can count. But now everybody's, everybody's in that same boat.
00:55:08.740 That's right. And you know, what's interesting about that is that, you know, there is a mental
00:55:11.920 health problem aspect to this, right? I do think that, you know, we see an overrepresentation of
00:55:17.040 people suffering from mental illness among subway attackers. But what's interesting to me about that is
00:55:21.840 that they're not quite so mentally ill as to attack a, you know, fit, muscular, 25-year-old
00:55:27.820 guy in the prime of his life. They tend to pick on weaker targets who aren't paying attention,
00:55:32.960 who are unsuspecting. And, you know, it's just one of the reasons that more has to be done to get
00:55:40.160 the subways under control. Because again, if people leave that system abruptly, and they already have,
00:55:45.960 right, again, on our best day, we're at about 70% of pre-pandemic ridership.
00:55:50.460 That system, which is already financially taxed, is going to suffer and be degraded further. And
00:55:56.380 that, I think, spells real trouble for the future health of New York as a city.
00:56:01.020 How has policy led to this? You know, how, I'm very curious, you know, from the homelessness that
00:56:07.400 we see everywhere, that why are people naked everywhere now? I mean, like a video a day comes
00:56:12.300 out of somebody naked committing a crime, misbehaving with police, down in the subway all the time,
00:56:19.320 all the time, not to mention human excrement everywhere. It's disgusting. So why? What
00:56:26.060 policies, let's just take New York, because we're on the subject of it, are leading to this?
00:56:31.240 I think the deinstitutionalization that took place throughout the 70s and early 80s has a lot to do
00:56:36.080 with it. And we have sort of built our mental health system in a way that has moved further and further
00:56:41.980 away from models that prioritize real supervision, so that people can actually be forced into compliance
00:56:48.000 with, you know, taking medication so that they can be healthy. This idea that people who are suffering
00:56:53.740 from acute mental illness can just be trusted to go out into the world and take care of themselves
00:56:58.380 is incredibly misguided. And I think is that the misguided nature of that idea is being illustrated
00:57:04.620 for everyone to see. I mean, when I see someone, you know, who is, you know, naked, you know,
00:57:09.840 on the floor of the subway, talking to himself, I don't see compassion, right? There's nothing
00:57:14.480 compassionate about that. You know, again, there were lots of problems with our mental
00:57:19.540 health institutions, which is one of the reasons why there was such a backlash against them. But
00:57:23.620 as is the case with our broader criminal justice policy, you know, the response to a perceived
00:57:30.140 problem cannot be throwing the baby out with the bathwater, because oftentimes the unintended
00:57:36.000 consequences of that kind of policy are worse. And I think we're seeing exactly that. I mean,
00:57:41.720 these are unstable individuals who need to be protected from themselves and who other people
00:57:48.020 need to be protected from as well. We're not doing them any favors by allowing them to roam the subways
00:57:53.420 or to roam the streets, to live unhealthily, to not take medications, to suffer, you know, from the
00:58:00.540 psychosis that they're suffering from, and that they're often exacerbating by, you know, taking drugs
00:58:05.720 as well, which is another big part of this. And so, you know, the idea- And by the way, our mayor
00:58:09.580 in New York, basically, our chief of, sorry, our DA, basically said, I'm not going to go after
00:58:15.280 anybody for jumping the fair. So it's like, welcome, go on in there, homeless people and people who are
00:58:21.260 mentally unwell. You're not going to get prosecuted for jumping the turnstile. You don't have to pay your
00:58:25.820 fair way in. And this would be a great place for you to hang out. No one's going to bother you,
00:58:29.640 is essentially what he said. And guess what? They did it. And they started bothering others in record numbers.
00:58:35.720 Yeah, yeah. I think part of it, too, had to do with the pandemic insofar as the subways were
00:58:40.460 essentially emptied. And, you know, there were no real sort of capable guardians in the system
00:58:44.920 keeping order. And, you know, I think as we see in lots of aspects of life, it's very easy to tear
00:58:50.600 something down and not so easy to build something up. I just think about my own physical experience
00:58:55.520 during the pandemic. I was really in shape going into it. And within two months, I was in the worst
00:59:00.460 shape ever, right? Torn down. Eat a few donuts and, you know, have a couple of
00:59:05.640 cocktails at night and there goes your beach bod. Well, I think the same can be said for
00:59:10.280 safety in the city, right? It takes a lot of hard work and vigilance to build up to the point that
00:59:15.100 New York got to. And what we're seeing is a much more rapid deterioration than I think anyone really
00:59:20.000 expected as a result of, you know, these kinds of policy approaches. I mean, the order maintenance
00:59:26.340 has to be a central part of the mission of the city's criminal justice apparatus. The idea that we
00:59:32.120 can just ignore order maintenance and focus on serious crime is just so wrong in so many ways.
00:59:37.420 And one of the ways is that it ignores the significant overlap between people who commit
00:59:42.140 sort of public order offenses and more serious crime. Just the other day.
00:59:45.220 Explain order maintenance.
00:59:47.640 You know, like things like enforcing laws against littering, enforcing laws against fair evasion,
00:59:52.540 enforcing laws against public urination and public defecation and open air drug use.
00:59:56.440 You know, all of these things do, they have a lot of effects. One of them is that it sends a signal
01:00:02.560 to people that they process in the following way. It's like when I go into the subway and I see
01:00:07.420 someone injecting heroin into their arm on my subway platform, as I saw just very recently,
01:00:12.100 what that tells you is that that person feels completely comfortable engaging in that antisocial
01:00:16.280 behavior in that space. And if they feel comfortable, then it's because no one else is in
01:00:20.540 charge of this space. And if no one is in charge, then anything goes. And if anything goes,
01:00:24.480 anything can happen to me, which means that I'm vulnerable. That's how people process that
01:00:28.280 psychologically. This is the great innovation of the broken windows theory. It recognized
01:00:32.240 this psychological impact of exposure to consistent public disorder. When that happens,
01:00:38.060 people do exactly what they're doing now, which is avoid those public spaces that they see as unsafe
01:00:43.200 in greater numbers, which in turn makes them even more vulnerable to more serious kinds of crime.
01:00:48.360 And then on top of that, I mean, there just really isn't such thing as an exclusively violent
01:00:54.900 criminal, right? This idea that we can just sort of take resources from order maintenance and put them
01:01:01.840 towards violent crime investigations is wrong in the following way, which is that there's no one who
01:01:07.080 says like, I'm just a violent criminal, right? I don't jump the turnstile. I don't litter. I don't
01:01:11.600 drive past the speed limit, right?
01:01:13.000 That's not my thing, right? That just doesn't exist, right? People who commit serious violent
01:01:18.880 crime are often very antisocial in their dispositions. And that antisocial disposition
01:01:23.400 will manifest itself in a multitude of ways, including in the commission of quality of life
01:01:30.340 offenses, which is one of the reasons why when Commissioner Bratton took over the transit police
01:01:34.580 in 1990, they had such success in lowering the crime rate underground with respect to their
01:01:39.700 fair evasion program, because one in seven fair evaders had an open warrant and one in something
01:01:45.080 like 20 or 21 were found to be carrying an illegal weapon. So, you know, acknowledging that overlap,
01:01:52.120 I think, is kind of step one towards getting back to a system that recognizes the importance of order
01:01:59.120 maintenance. These are not just victimless crimes, right? You may not be able to identify an individual
01:02:03.820 victim, but the victim is the neighborhood. The victim is the public space itself. And that needs
01:02:09.600 to get reintegrated into our broader crime fighting strategy.
01:02:14.440 You know, this is reminding me a bit of, as you know, we left New York because of the lunacy in
01:02:18.680 the public, in the private schools. It's also happening in the public schools, but moved to
01:02:22.740 Connecticut and our kids are in private school out here and our sons are at an all boys school. And I
01:02:28.260 love the head of school. He's, he's great on all these issues. And he, at our annual dinner the other
01:02:34.380 week was talking about how, um, he, he was endorsing the broken windows policy of Giuliani and saying,
01:02:40.980 you know, that kind of approach to life works not only when it comes to crime, but even when it comes
01:02:47.140 to the raising of young men, young boys and men. And he was saying how they take a similar approach
01:02:52.820 in that, um, he, he was encouraging, encouraging us to have our children make their beds every day,
01:02:58.500 um, to have chores that they really have to do, you know, real responsibilities that they have to
01:03:03.020 live up to. He was saying that's one of the reasons why they have them say the pledge in the lower
01:03:06.340 school every morning. Um, and it reminded me of my older son's complaint that they go outside and
01:03:11.600 they play at recess and, you know, they have to wear their little uniforms. You know, they have a
01:03:15.380 little suit and tie or coat and tie and they play and they run around. And then before they go in for
01:03:20.180 their lunch, they have to tuck in their shirts. They have to fix their ties. They have to make
01:03:23.480 sure their jackets are on. They have to make sure they're not covered in dirt. And my son found it
01:03:26.760 annoying because he just wants to eat, you know, he's hungry and they don't have a lot of time to
01:03:30.640 eat. And the head of school is explaining separately, very coincidentally, the same week my
01:03:36.940 son had complained about this to me, that they make them do that too. For, for very good reason.
01:03:42.880 They're trying to instill order in these kids, not by saying like, walk a straight line,
01:03:48.100 shoulders back, no talking, just respect, respect for one's self, for one's environment,
01:03:54.140 for one's elders and a system, you know, that acknowledges the importance of that,
01:03:59.160 right? That will produce a responsible citizen who takes himself seriously and those around him,
01:04:05.460 you know, respect, he treats them respectfully. So anyway, it's all connected. It's all connected.
01:04:09.720 So when you let them jump the turnstile or urinate on the subway bench, or, you know,
01:04:16.760 the one guy pushed somebody off the subway onto the tracks in the morning, just this past two weeks
01:04:23.120 in New York. And thank God the guy lived. But later that afternoon did the same thing. He did it to
01:04:28.980 somebody else. It's like one little step over the line leads to a bigger step, leads to a bigger step.
01:04:35.740 And then you're making only big steps. So the small stuff matters.
01:04:39.160 It does, it does. And it reflects on society more broadly, right? If you enforce order,
01:04:45.980 you are communicating what the expectations are. And believe it or not, that does affect how people
01:04:51.360 behave in those public spaces. And if you fail to enforce those rules, those rules essentially go away
01:04:58.100 because, you know, enforcement matters. It matters that we communicate, you know, what it is that we
01:05:04.060 expect of our fellow citizens. And I think we've lost sight of that as a city. I think lots of
01:05:09.180 cities have lost sight of that. But, you know, New York is really kind of the city on a hill. And,
01:05:13.220 you know, as was the case in the 90s, when we were moving in the right direction, as New York goes,
01:05:17.480 so goes the rest of the country in a lot of ways. And so, you know, I think this is a real important
01:05:22.380 moment for New York to step up and set an example again. And, you know, I hope we can do that. I think
01:05:27.940 Mayor Adams has his head in the right place. I think the NYPD has its heart in the right place.
01:05:32.260 What I fear is that the broader system, you know, our DAs, our, you know, lawmakers in the city
01:05:39.500 council who are incredibly radical, our lawmakers in Albany are just not on the same page. And until
01:05:45.900 that happens, I think we're going to continue to see things get worse.
01:05:49.120 We have a budded soundbite from Gianno Caldwell of Fox News, whose younger brother, who was just 18,
01:05:55.020 was killed in Chicago. And he's been speaking out about it. And he's also doing reporting on it.
01:06:00.340 By the way, Chicago, we haven't touched on it this time. We talked about it the last time you were
01:06:04.120 here. Chicago is now about to end cash bail entirely. New York and New Jersey passed legislation
01:06:11.640 that largely curtails the use of cash bail. So you basically just write out back out on the streets
01:06:16.640 after you get accused of a crime. And Illinois is going to end it all together, though people
01:06:22.920 accused of some of the worst crimes, forcible felonies, stalking and domestic abuse will be
01:06:27.160 exempt from pretrial release. So they think that that's a reasonable compromise, like the worst
01:06:32.320 felons won't won't be getting pretrial release, but everybody else will get turned out on the street
01:06:36.600 immediately. Anyway, I mentioned it just because Gianno has been doing good reporting. His brother got
01:06:41.960 killed in Chicago. And now Gianno took a microphone to some of these folks here in New York, like Chuck
01:06:47.140 Schumer, Jerry Nadler. He went they were down in Washington, but some of the lawmakers are from New York
01:06:53.380 and and tried to get some accountability from them on what they've done and the policies they've
01:06:58.660 pushed. And it's pretty extraordinary how this went. It was in order of appearance that you hear
01:07:02.760 Jerry Nadler, Chuck Schumer, Ilan Omar and Ayanna Pressley, the last two in particular,
01:07:08.180 huge defund the policers. Take a listen to how that went.
01:07:11.820 I can't do it now. I can't talk now.
01:07:23.200 I'm going to be pretty busy.
01:07:30.820 Tomorrow, is that where? Who should we reach out to in your office, Congressman?
01:07:36.960 You just want to talk about the crime crisis in America.
01:07:41.560 The elevator door is closed.
01:07:42.900 Any reaction to the crime crisis in America? Crime is up, sir. There's a crisis. You have
01:07:47.140 any reaction? You're a leader. I would think you would have a reaction to what's going on
01:07:50.860 in the country. You supported the defund the police movement. It led to a rise in crime.
01:07:54.940 Do you have any reaction? Any reaction? No reaction. It impacts your citizens.
01:08:03.920 Any reaction to the rise in violent crime across the country, which is impacting students?
01:08:09.520 Well, I mean, our work on student debt cancellation is a direct response to what I would consider
01:08:14.400 to be policy violence. You mentioned policy violence. I just want to follow up on that.
01:08:19.920 She got your question. Yeah, I know the policy violence. I just wanted to know,
01:08:22.920 do you feel that the police should still be defunded? Shoot your note. We'll set it.
01:08:28.140 Unbelievable. Unbelievable. But policy, her response, Ayanna Press has been one of the
01:08:35.440 worst on defund the police. Her response is, well, student debt. That's what's leading to
01:08:40.520 all these, this uptick in crime. I don't even know, like, this is going to come back to haunt
01:08:45.200 these Dems in these midterm elections.
01:08:47.920 It should, you know, because that'll send a signal that people aren't going to tolerate
01:08:53.080 arguments as silly as that. I mean, it really is just beyond the pale. I mean, what do you even
01:08:58.260 say to that? There's the, you know, it's, it's as if she just, you know, doesn't care
01:09:02.480 about being, you know, called out. And I suspect she doesn't in part because she just sees herself
01:09:07.680 as, you know, a team member and she's going to be loyal to her team no matter what the facts say.
01:09:12.900 But, but yeah, this is, this is the problem, right? This is, you know, kind of takes us full
01:09:16.640 circle to the beginning of our conversation. This is what, you know, the American people are being told
01:09:21.000 now, you know, to, to, to sort of close their eyes to, they're not, to not believe they're
01:09:25.960 lying. I mean, you know, the Democratic Party has a problem with individuals like this who just
01:09:31.640 are not willing to engage on this issue and are not, at least not in a serious way. You know,
01:09:38.520 the reality is, is that we have experimented with the lives of people who live in already
01:09:43.840 distressed communities. It's like walking into a casino and gambling with the 401k of a complete
01:09:48.000 stranger, right? We're, we're, we're going down a policy road that makes it less likely that crimes
01:09:54.820 will be solved. That makes it less likely that crimes will result in incarcerations. That makes
01:10:00.280 it, you know, much harder for, for police to be proactive that, you know, and, and where's that all
01:10:06.800 happening in the, in the midst of a nearly unprecedented crisis. I mean, I say unprecedented,
01:10:12.500 not because crime has never been hired, but because in 2020, we saw the single largest year
01:10:18.260 over year increase in homicides that our country has ever seen in recorded history that, that should
01:10:23.640 matter. And, you know, it just doesn't seem to be getting the attention that it deserves. And I
01:10:29.780 suspect that's because our broader criminal justice and policing debates have moved concerns,
01:10:35.940 you know, for people who come into contact with the criminal justice system to the front burner of
01:10:40.940 those debates and move concerns for the potential victims of those individuals to the back burner.
01:10:45.560 And I think that needs to change. We need to rebalance that debate. I mean, you know, these are both
01:10:50.780 important considerations, but I suspect that, that, that we have lost sight of, of the true and first
01:10:57.560 duty of government, which is to provide for the public safety. We have definitely seen this raised in
01:11:02.900 debates for the Senate seats in Ohio, in Wisconsin. It's become a campaign issue in terms of the ads
01:11:10.740 in places like Pennsylvania, certainly in New York now and the gubernatorial race, we're seeing it. So on
01:11:16.380 and on, these Republicans are starting to get on message and, and remind people of how we got to this
01:11:22.160 place. It wasn't accidental. It didn't have to happen and it can be undone. Rafael Manguel, thank you so much
01:11:29.040 for all the great, great work you've done in this criminal injustice is the book. Check it out.
01:11:35.080 Thank you.
01:11:36.460 Coming up a new story of a trans woman dominating over biological women in a women's sport. Uh,
01:11:46.680 and the people who run the sport couldn't care less. One of the biological women is here in a moment to
01:11:52.460 speak out. This is another Leah Thomas situation. So this woman is brave to come on and tell us what's
01:11:57.800 happening. Um, that's up next in a Megan Kelly show exclusive. Don't go away.
01:12:06.640 The world of sports continues to navigate through the inclusion of trans players in gender specific
01:12:11.980 leagues and always to the disadvantage of biological women. Professional disc golf is experiencing its own
01:12:19.660 Leah Thomas moment right now with trans women winning top awards and monetary prizes at the expense
01:12:26.140 of the biological women. Some female disc golfers are now speaking out, including our next guest,
01:12:32.200 Jennifer Castro. She's here to share why she is concerned about the position. The professional
01:12:37.260 disc golf association is taking on trans players. Jennifer, welcome to the show.
01:12:43.380 Hi, thanks for having me. Yeah. Thanks for being here. So just explain for our audience what disc golf
01:12:48.920 is. Cause not everybody knows that sport. Disc golf is basically playing golf, but instead of,
01:12:56.000 um, a hole in the ground, there's a basket and we're throwing Frisbees, you know, that we say discs
01:13:02.600 now, but older generations still say Frisbee. Okay. Okay. Got it. And this is actually, I mean,
01:13:08.640 it's got a, a very devoted following and there are people who've been working on this for decades of
01:13:13.860 their lives. And as you move up in the rankings and the competitions become more professional,
01:13:19.740 you can make some good money as a, as a winner or competitor in these competitions. Oh yeah,
01:13:26.440 absolutely. And we're sponsors alone are paying lots of money to have, uh, players represent them.
01:13:33.780 So it's, it's, there's a lot of money to be made in the sport. And, and like most sports,
01:13:39.340 there's a men's league and a women's league. Yes. Okay. So, well, actually let me correct you. It's
01:13:45.980 not men's, it's a mixed league. So it's primarily men that play in that division, but it's not considered
01:13:53.220 men's. It's now mixed. Hmm. Oh, so a trans man can play against the biological men. Correct. Yeah.
01:14:02.100 Which of course, I mean, it never works the other way. You know, it's like, that's fine. They can say
01:14:05.140 that's fine, but they'll never win. So is it a situation where a man's physical advantages over
01:14:11.480 a woman could be helpful to it? Like a trans woman is a biological man. So like in the Leah Thomas
01:14:17.720 situation, we could see that this, this man, biological man had physical advantages over
01:14:23.520 the other swimmers. Is this the same situation? Oh yeah, definitely. We are absolutely seeing that
01:14:28.780 across the board. Um, recently, uh, Natalie Ryan just won the distance competition and through 458
01:14:36.780 feet. The average woman is about 250. So that makes it a big advantage for these transgender players.
01:14:46.420 This is Natalie Ryan that we're showing on the screen right now. So you're saying that the,
01:14:50.600 that the trans women like Natalie can throw the frisbee much farther than the biological woman can.
01:14:56.620 Okay. And that's obviously an advantage because you want to make the frisbee in the hole in as few
01:15:01.720 throws as possible. Precise. Okay. So how, how you're an amateur player, right? You're not a,
01:15:08.720 you're not a professional player. Correct. And what was the first you noticed trans women are coming
01:15:15.400 into this sport and they're starting to crush the biological women? Um, honestly, when I started
01:15:20.780 playing about three years ago, um, locally to where I was at at the time, there was a transgender
01:15:26.520 player, uh, but however she was playing in the mixed division. So I have a lot of respect for her
01:15:31.720 because she knows what her talent level is and that she can handle her own. And so she played,
01:15:38.160 plays in the mixed division. Um, but then we started seeing a bunch of transgenders in the female,
01:15:44.440 uh, divisions and I'm watching it on TV and I'm just seeing all of these biological women just being
01:15:51.620 crushed and having, you know, their financial security basically at risk the entire time.
01:15:56.960 Yeah. Their financial security. Exactly. Because they're not going to win. That's your point. Like
01:16:01.660 in most of these competitions, they're going to lose to the trans women. All right. So then there was an
01:16:06.600 event at, um, you tell me how you, how you pronounce this. I'd see it as D glow, um, which is a big elite
01:16:15.100 event. When was that? And what happened? Uh, that was back in July. Um, and Natalie Ryan took first
01:16:27.260 place in that. And it was the first time, uh, she had won a major event, um, and took such a prize
01:16:35.080 purse from the biological females. So how much did, how much did Natalie win? Uh, I don't have the exact
01:16:44.240 number offhand. I believe it was six, actually it was six grand, 6,000 bucks, 6,000. Yes. And how
01:16:51.880 often do these competitions come along? Oh, they're all the time there. They, these pros are touring all
01:16:58.080 the time. Um, locally I have one about every weekend, sometimes two. So you could really support
01:17:03.860 yourself doing this if you're good at it. Yes. If you're pro yes. And how long has Natalie Ryan,
01:17:11.360 this trans woman been playing disc golf? Do you know? Three years, three years as a woman or three,
01:17:18.560 just three years total, three years total. She's been playing about as long as I have.
01:17:23.900 And so you, she goes up against biological women who've been playing the sport for 10 plus years.
01:17:31.000 And how's that, how's that going? Um, honestly, it's kind of defeating because a lot of the females
01:17:37.560 work day in and day night, day in and day out, you know, to make sure that their game is to a level
01:17:43.660 where they can, you know, get the furthest distance and be the best in their fields. Cause
01:17:49.100 females, if you're not one of the best, you're not going to get a sponsorship,
01:17:52.980 you know, worth, worth it financially. So they're doing the best they can and they can't keep up with
01:18:00.040 these men. And so the spotlight is in essence being taken away from them. And instead of them
01:18:04.520 being celebrated, like they should be, they're basically being forgotten or the opposite is,
01:18:11.180 which is happening now. It's the transgender is getting all of the limelight and it's kind of
01:18:17.260 almost negative, negative to be a biological woman. Like you're not the fun, sexy, exciting new
01:18:25.580 thing. Exactly. We're not even, we're like a blip now because the transgender in disc golf happens to
01:18:34.240 be the big story. Wow. And it's not just Natalie Ryan. It looks like, um, there's a couple of trans
01:18:40.640 players. Uh, one of whom I know you raised this issue, Chloe Alice, we have on camera admitting that
01:18:49.640 Chloe sometimes forget to take, forgets to take Chloe's quote, pretty pills, which is what Chloe
01:18:56.600 needs to take to transition from male to female. Chloe's talking about, I guess, estrogen, uh, and
01:19:02.780 you know, the, whatever Chloe has to take to appear and, and seem, I guess, I don't know how to say it
01:19:10.020 more female than Chloe actually is. Cause Chloe's a biological man. Here's that soundbite. It's number 12.
01:19:14.960 They give me medicine. I'm supposed to take it twice a day, every day. They're called my pretty
01:19:22.160 pills. I forget to take these a lot. You know, just the medicine that's solely responsible for
01:19:29.340 creating a lot of what I am today. Just forget whatever. It's whatever. Three days will go by
01:19:37.560 and I'll like, remember, Oh, I haven't taken my pills. If I stopped taking these for an extended period
01:19:44.060 of time, I will start reverting back, like transitioning back to how my natural testosterone
01:19:52.840 works. Hmm. And okay. So there may be a lot of people out there saying, well, if the testosterone
01:20:01.000 spiked up, disc golf would tell this person, Chloe, you may no longer compete because your testosterone
01:20:07.720 rose to a level that was not appropriate for the women's division. But is that true?
01:20:14.060 Not at all. We recently found out, um, that they don't do any testing whatsoever.
01:20:21.060 So you found this out because you decided as, as an amateur player, which I have to tip my hat to
01:20:27.700 you because it's pretty ballsy, um, to do a little experiment on whether they were actually doing any
01:20:34.760 enforcement to make sure testosterone levels were at a certain place, or that these are not just,
01:20:39.760 you know, completely biological men claiming that they're women and overnight playing in the women's
01:20:45.880 league. And tell us about how that went. Uh, back in August, uh, August 30th, I decided to set up an
01:20:54.100 email account cause I kind of wanted to know how it was working from the ground up to get some kind of
01:20:58.800 answers. Um, so I set up this email and I messaged the board and asked them, I did an inquiry asking them
01:21:06.680 as a transgender woman, do I need to document or show any documentation, prove that I had the
01:21:11.880 surgery, et cetera. Uh, and I was told that a medical committee member would get back in touch
01:21:18.020 with me. And the person who reached back out to me happened to be Elaine King, who is big in the
01:21:23.440 disc golf world in very respectable, respectable woman, um, in the FPO field. So she was the one that
01:21:31.320 messaged me back, basically letting me know that one, they don't test, they don't look for, I don't
01:21:38.740 need to have the surgery. All I had to do was basically read the criteria. And if I felt that
01:21:43.920 I met the criteria, then I could definitely join as a female. And what about testosterone levels?
01:21:51.060 Would they ever be checked? No. The only time anything ever gets checked is when they started
01:21:57.120 off disc golf as a man and decided that they wanted to transition in that case, they would have to show
01:22:03.020 12 months straight of being under 10, um, nano nanomoles per liter, um, of testosterone to make
01:22:12.680 it acceptable and fair, or they have to have the, um, surgery, the reassignment surgery. And Chloe is
01:22:21.640 one that has neither. So in essence, she is a man playing against women. Chloe came on the scene as a trans
01:22:29.700 player. Like Chloe wasn't Clyde. Chloe actually started as Chloe did start as a man and she took two
01:22:38.540 years off, but the way, um, we've looked at it, it's nothing. If they're not being asked for anything, she
01:22:45.640 didn't supply anything. We highly doubt the, the PDGA is definitely not letting us know whether,
01:22:51.120 or anybody has submitted anything and we can't do anything. We can't challenge it. We can't,
01:22:56.160 you know, show anything. The only time we can challenge is, challenge it is if we have
01:23:01.220 actual evidence. And the only evidence that'll work is if a doctor breaks HIPAA and gives us the
01:23:07.040 documentation we need. And they're not going to do that. So you can't just say we want Chloe tested
01:23:11.880 because Chloe looks exactly like a man and is the size of a man and was playing as a man very recently.
01:23:18.320 So we want the testosterone tested because to keep it fair, you can't do that. You need somebody to
01:23:22.940 actually leak to you a test or some sort of documentation that you could bring to them.
01:23:29.640 Yeah. We need to have medical documentation to prove it or else the medical committee will just
01:23:34.860 throw out the challenges when I was told. So they're, they're basically encouraging you to commit a crime
01:23:40.560 to investigate this issue. From what I was told is the PDGA is not big enough yet to be able to do
01:23:49.580 the medical testing. So they've got it written in their bylaws that this is what they have to do in
01:23:55.920 order to, you know, play as a female, but they've openly admitted they don't have the money to make
01:24:02.440 sure that, you know, the testing is being carried out. So they just expect nobody to challenge it.
01:24:07.900 And, and I, I mean, I don't know if this would be sufficient to you, but could they go back to
01:24:13.540 Chloe and say, you need to prove it. You need to submit your testing to us on your own dime.
01:24:19.260 I would hope so. Plenty of people have put in challenges, but we're getting a copy and paste
01:24:24.780 response on it. So I highly doubt that they're doing anything. What's the copy and paste response?
01:24:29.760 It's basically saying that the subcommittee and the medical committee, um, are meeting soon,
01:24:37.620 which happened to be last night to take a vote on it and submit their results to the board of
01:24:43.040 directors on what they think should be done as far as transgenders playing with, with females.
01:24:48.520 So do you think they're reevaluating it? Do you think there's a chance that this Chloe and, uh,
01:24:53.380 Natalie Ryan, and I know there's a couple of others might get booted out of the women's league?
01:24:57.920 Uh, I would certainly hope so, but we're not holding our breath. Every, everything that's
01:25:03.680 been thrown out there or proven has been combated with, uh, very, uh, a very lack response. They're,
01:25:12.660 they're not helping out in any way, shape or form. And the, currently the BOD sits where there's
01:25:18.100 four who are biased leaning towards this happening and two who aren't. So we're kind of,
01:25:23.800 the only way we can make a change is if it gets out there. And unfortunately, sponsors aren't
01:25:29.360 letting the pros speak. And the pros are the ones that need to be able to speak. So the PDGA sees
01:25:34.280 that there is an issue. I want to talk about the pros. I want to talk about them. Yeah. I'm just
01:25:40.120 an amateur. Let me, yeah. So you've got more freedom, but what that four to makeup on the board,
01:25:45.660 that's going to decide this. Um, do we know anything about those folks and what their leanings are?
01:25:50.760 You say, you think it's, you know, four who want the trans people to compete against the women and
01:25:54.980 two who might not like, I mean, cause I only ask because we've seen this happen time and time again,
01:26:00.720 where the entire board making the decision is men or trans women. And there's no biological woman
01:26:08.560 on the board representing them who are the, the ones who are going to suffer if it goes the wrong way.
01:26:14.540 Um, yeah, we have, uh, two men that are definitely for it. Uh, we have a transgender who's obviously
01:26:22.540 for it. And then we have a doctor who specializes in, uh, that field. So she is also very for it.
01:26:31.600 Of course. Uh, like I'm telling you, there's no hope for it. You can take it to the bank. So I know
01:26:37.200 I read the Quillette piece, which they, which is how I found you. And I thought it was really
01:26:40.840 interesting. And they were saying that when you got your receipt, your response email from this
01:26:46.180 Elaine King, who's the head of medical community or committee, um, she, she informed you that no
01:26:54.460 proof. This is when she thought you were a trans woman versus on your, based on your email, no proof
01:26:59.020 of gender reassignment surgeries needed. Testing is not done to make sure testosterone level is at the
01:27:04.700 proper levels. Nothing will be monitored. Uh, once you are a member of the group and allowed to play,
01:27:11.560 no one can challenge a trans woman based on looks or ability, even though, I mean, it's so obvious
01:27:18.020 when you show that video of Natalie Ryan throwing the disc, I mean, this is clearly a man. I, with all
01:27:23.200 due respect, I understand that this person identifies as trans trans, but this is clearly a biological man
01:27:27.820 who's made actually very little effort to appear a female in order to challenge. Uh, we must have
01:27:33.740 proof. This is what you were just pointing out. You, you, you can't get proof without a doctor
01:27:38.480 breaking HIPAA and that all you would have to do is read the criteria for playing in the women's
01:27:44.580 league. And if you felt you met the criteria, that was all that was needed to register as a female
01:27:50.380 in the gender protected division. I mean, this is no protection at all. This is basically a middle
01:27:57.640 finger to the biological women competing as amateurs or pros. Exactly. So have you heard
01:28:04.540 from the pros? Have any of the pros who feel less able to speak out spoken to you off the record
01:28:10.020 behind the scenes? I've spoken to some behind the scenes and I have yet to speak to one who is
01:28:16.240 actually for it. Not one. And I, I, I truly invite them to message me or get in contact with me
01:28:24.060 because I'd love to hear a different point of view, but we have science on our side and they
01:28:29.300 need to go off the science on this because we fought for years to get this protective division
01:28:33.880 and just to go back and undo it. It's basically two mixed divisions again.
01:28:40.120 Two mixed divisions, right? Where I see. So you fought to get a female league so that you can get
01:28:44.680 your own sponsorships and prize money and so on. Exactly. So it's financially feasible for women to be
01:28:52.780 able to be professional athletes in this field, in this sport.
01:28:57.320 So what, what are, what are the women saying? You know, you say you've spoken to a couple of them.
01:29:01.500 Like, how are they feeling?
01:29:04.800 Some of them don't feel that their form is very great. Like a lot of these females,
01:29:11.920 that transgenders that are playing as female, they haven't been in the game very long. And for them
01:29:18.140 to be in the game and automatically be conquering in the sport, it's just baffling. And we're just
01:29:27.320 dumbfounded by it. And we just feel like we're being robbed here and nobody's listening.
01:29:31.780 Um, I have made an effort to like, look everybody's individuals, um, PDGA records. Like for example,
01:29:42.460 Chloe Alice, who we were looking up for before she did her transition, she was playing in men's
01:29:48.420 advance amateur league. She wasn't even professional. She was an amateur. So she was playing for plastic.
01:29:54.440 So for her to go and do this transition and come back and professionally play in the female league
01:30:04.720 and winning and taking money from women, it's like, if you hadn't gone through this transition,
01:30:10.120 you would still be playing for a disc. And even when she was playing advanced, she wasn't placing
01:30:15.800 to even get free discs. So it's clearly an advantage here.
01:30:20.740 It's just like the Leah Thomas situation where when Leah Thomas was Will Thomas,
01:30:25.020 he was placing 500th plus in the league. That's where he was ranked. And then as soon as he said
01:30:31.000 he was a woman, he was number one and winning tournaments, including at the NCAA. So I understand
01:30:37.780 as they reevaluate what they want their policy to be, they sent out some survey, uh, to all the
01:30:44.820 professional disc golf association members last week, and it's causing some outrage. Why is that?
01:30:51.620 The survey that was sent out, we were informed through email from the PDGA on an official
01:30:58.060 letterhead that it was going to be through a university. They didn't tell us which one at the
01:31:02.840 time, but it was supposed to help the board make a decision on what they should do about transgenders
01:31:09.660 playing in the female divisions. And so when the email went out the very next day, and we all looked
01:31:15.460 today, it took about five minutes for everybody to get on social media outlets with just rage because
01:31:21.760 all about two questions had anything to do with the topic at all. The rest was, um, should my child be
01:31:30.340 well-behaved or obedient? Should, or is it more, um, on becoming for a woman to be pushy or for a man
01:31:39.220 to be pushy? Are you left-leaning on a scale from zero to seven or are you right-leaning? It's like,
01:31:44.580 what? What? It had nothing to do with the topic on hand.
01:31:49.840 So what, like, are they just looking for cover? I don't understand. Like, why would they go through
01:31:55.360 the effort? Because I think there's at least a couple transgender questions on that survey. What,
01:31:59.280 what's the point? What are the care, whether you're left-leaning or right-leaning?
01:32:02.240 We couldn't quite understand it. Um, and because nothing was like given out as far as like who was
01:32:11.620 doing the survey university and stuff. I actually saw in the, um, link that was sent to us that it
01:32:18.740 was WDU. So I looked it up and I called Western Carolina university and I asked them, Hey, who's
01:32:24.560 responsible for doing this survey? Because a lot of us disc golfers have questions on it. And he asked me
01:32:31.720 to send him a link. I did. And when he received it and looked it up on his end, he was like, Oh,
01:32:36.380 it's associate professor, Justin Mick. I'm going to mess with this thing. McKinney. McKinney. Um,
01:32:44.040 anyway, he happens to be the old president of the professional disc golf association. So they were
01:32:51.040 hiding this survey through the university without saying, Hey, it's actually the board giving you this
01:32:56.420 survey. Hmm. It's a, sounds agenda driven. I mean, that's the bottom line.
01:33:01.040 It really is. So what happens to you as an amateur player, aspiring to move up? I imagine
01:33:05.960 what, if they say transgender players can continue on as is no proof of anything required.
01:33:14.040 What will you do?
01:33:16.160 Myself and a whole lot of females that are playing right now, as well as men have decided
01:33:21.780 they're not going to re up their membership with the professional disc golf association.
01:33:25.380 If they don't make this right, it's just not fair. There's no point in us paying registration fees to
01:33:31.920 get into these are not cheap. So we're putting our money into something in the hopes that we're going
01:33:37.720 to get something back. And when we don't, because we have no chance because there's a man playing in
01:33:44.800 our division, then there's really no point in registering whatsoever. So a lot of people are just
01:33:50.100 like, I'm just not going to pay for another membership this year.
01:33:53.820 How do the trans women react when they win and they beat all the biological women?
01:33:59.820 Um, well, I can tell you, Natalie, uh, Ryan definitely thinks that she is a ambassador for
01:34:06.620 the sport now for transgender women and has a very almost cocky attitude about how great she is.
01:34:15.300 And she doesn't need to practice all that often. And women are just like, we're working in day in
01:34:20.360 and day out to be able to beat them for her to be able to just like, it's no big deal. It's like,
01:34:26.580 ouch.
01:34:29.140 It's just like Leah Thomas all over again, who's completely unsympathetic to the plight of the women
01:34:35.800 whose titles and trophies Leah has now taken. Uh, Jennifer, it is brave of you to speak out on
01:34:42.960 this, but you're in the, you're in the moral, right? I think you know that. And we're going
01:34:46.540 to continue to follow this. Uh, this is, it's not right. What's happening to you and to the other
01:34:50.880 women in your sport. So please keep us, keep us informed. Okay. We'll do a follow-up when you get
01:34:54.860 a ruling.
01:34:55.740 I will do. Thank you so much.
01:34:57.940 And, uh, we look forward in naming names, uh, of the people who, who issue that ruling,
01:35:02.500 Jennifer, all the best.
01:35:03.220 Remember we talked about that story on the documentary focused on reform terrorists that
01:35:08.980 the left seemed to love until they decided it was somehow racist and turned against it.
01:35:13.560 That filmmaker will be here exclusively tomorrow. I just watched it. It's extraordinary. Don't miss it.
01:35:19.960 Thanks for listening to the Megan Kelly show. No BS, no agenda, and no fear.