The Megyn Kelly Show - January 19, 2022


Free Speech Under Attack and Crime Wave in American Cities, with Greg Lukianoff and Ray Kelly | Ep. 243


Episode Stats

Length

1 hour and 30 minutes

Words per Minute

180.66264

Word Count

16,402

Sentence Count

1,110

Misogynist Sentences

19

Hate Speech Sentences

13


Summary

Free speech is under siege, and it's reaching peak concern on college campuses. Former NYPD Commissioner Ray Kelly joins me to talk about the spike in violent crime and the use of "soft-on-crime" tactics by law enforcement officers.


Transcript

00:00:00.000 When I found out my friend got a great deal
00:00:02.160 on a wool coat from Winners,
00:00:03.760 I started wondering,
00:00:05.440 is every fabulous item I see from Winners?
00:00:08.560 Like that woman over there with the designer jeans.
00:00:11.260 Are those from Winners?
00:00:12.780 Ooh, or those beautiful gold earrings.
00:00:15.260 Did she pay full price?
00:00:16.600 Or that leather tote?
00:00:17.620 Or that cashmere sweater?
00:00:18.500 Or those knee-high boots?
00:00:20.300 That dress?
00:00:21.080 That jacket?
00:00:21.740 Those shoes?
00:00:22.780 Is anyone paying full price for anything?
00:00:25.800 Stop wondering.
00:00:27.000 Start winning.
00:00:27.940 Winners.
00:00:28.520 Find fabulous for less.
00:00:30.560 Welcome to The Megyn Kelly Show.
00:00:32.520 Your home for open, honest, and provocative conversations.
00:00:41.960 Hey everyone, I'm Megyn Kelly.
00:00:43.740 Welcome to The Megyn Kelly Show.
00:00:45.520 America in disarray
00:00:47.640 as criminal justice reforms lead to violence
00:00:50.800 and our constitutional protections take a hit.
00:00:54.180 A little later in the show,
00:00:55.180 we're going to be joined by former NYPD Commissioner Ray Kelly
00:00:58.480 about the spike in violence
00:01:00.340 and these soft-on-crime DAs,
00:01:02.500 which are becoming a real problem.
00:01:04.480 Recall efforts in cities already underway.
00:01:06.960 The guy here in New York City,
00:01:08.060 just two weeks in office.
00:01:09.500 We don't have a recall provision,
00:01:11.520 but the citizens are now asking themselves
00:01:13.240 what their other options are
00:01:14.420 as some dozen DAs underneath him,
00:01:16.840 ADAs, leave the office.
00:01:18.960 There have been something like 70 leaving,
00:01:21.320 I think it's the San Francisco office,
00:01:23.200 50 leaving an office in L.A.,
00:01:25.660 and I could go on and I will in just a bit.
00:01:28.580 But first, free speech is also under siege,
00:01:32.140 and it has been for quite some time,
00:01:34.060 but it's reaching peak concern.
00:01:37.140 Students shout down professors
00:01:38.340 or anyone else who dares to disagree with them.
00:01:41.140 Administrators threaten to take action
00:01:42.700 against professors and students
00:01:44.420 for sometimes unspecified misconduct.
00:01:47.460 They just know it when they see it.
00:01:49.060 They know you're wrong when they see it.
00:01:50.640 One of the latest examples involves a Michigan professor.
00:01:54.560 He's a professor at a school in Michigan
00:01:56.520 whose attempted humor
00:01:58.080 apparently did not sit well with the powers that be.
00:02:00.880 Well, it sat well with me.
00:02:02.580 The Foundation for Individual Rights in Education,
00:02:05.100 you need to know about this group if you don't.
00:02:06.840 FIRE is how we all refer to them,
00:02:08.660 is defending this guy,
00:02:10.040 as they do with so many free speech cases
00:02:11.740 on college campuses for any and all issues.
00:02:14.700 Greg Lukianoff is its president and CEO,
00:02:17.460 and he joins me now.
00:02:18.340 Greg, what a pleasure.
00:02:19.100 I haven't spoken to you since you came
00:02:20.520 on the Kelly file years ago,
00:02:21.740 but thank God for you.
00:02:23.160 Thank God, because you're fighting the good fight.
00:02:26.060 It's great to chat with you again.
00:02:27.220 I really love last time we talked.
00:02:28.920 Yeah, the same.
00:02:30.120 And, you know, everybody knows in general
00:02:32.320 that there's a problem with free speech
00:02:33.520 on college campuses these days,
00:02:34.840 which is now morphed out into our society.
00:02:38.540 But I don't know that they know
00:02:40.020 just how bad it's gotten,
00:02:41.420 how oppressive, how stifling.
00:02:44.260 It's gone from bad to worse.
00:02:45.700 And you are really, as far as I know,
00:02:48.240 the main organization trying to keep an eye on this
00:02:51.080 and not just keep an eye on it,
00:02:52.740 but step in and help those who are under attack
00:02:55.900 for speaking their mind fight back
00:02:57.760 as they get fired, as they get censored,
00:02:59.720 as they potentially get kicked off
00:03:01.120 of university campuses.
00:03:03.060 So let's just start with the broad base.
00:03:04.780 How bad is it now compared to,
00:03:07.260 let's say, where it was 10 years ago?
00:03:09.040 Well, I'd say it reaches the point.
00:03:10.380 It's reached the point where people who say
00:03:11.960 there's nothing to see there
00:03:12.940 and there's no threat to free speech
00:03:14.140 or academic freedom on campus.
00:03:15.900 You probably don't need to listen to them anymore
00:03:17.920 because it's just so overwhelming.
00:03:19.600 I mean, people have been warning about this
00:03:21.400 since the late 1980s.
00:03:24.160 Speech codes actually increased since the 1980s.
00:03:27.200 It took like 150 lawsuits to get them to decrease.
00:03:30.900 And when it comes to threats to professors
00:03:32.800 that we've seen over the past couple of years,
00:03:35.160 we've seen 508 attempts to get professors punished
00:03:38.320 for their research or pedagogy or speech.
00:03:41.120 The very thing that tenure is supposed to protect,
00:03:44.380 we've seen 508 examples of that just since 2015.
00:03:48.100 And that includes, by the way, like 20 just at Stanford,
00:03:52.840 my law school alma mater as well.
00:03:55.600 I think Harvard has like a dozen.
00:03:57.940 And the worst year I've ever seen,
00:03:59.960 and I've been doing this since 2001,
00:04:01.760 the worst year I've ever seen for free speech on campus
00:04:04.320 and academic freedom was last year.
00:04:06.640 And second worst was this year.
00:04:09.160 We saw there was something like 120 attempts
00:04:12.800 to get professors fired in 2020.
00:04:15.020 They're mostly successful.
00:04:16.380 And this includes, by the way,
00:04:17.400 nearly 30 examples of tenured professors,
00:04:20.780 something that was unthinkable for that even to happen once.
00:04:24.120 We've seen about 30, close to 30 of them.
00:04:27.200 You did a survey.
00:04:28.600 Your group fire did a survey that tells the story.
00:04:30.820 It showed that 69% that I should mention,
00:04:34.660 this was apparently the largest survey of student attitudes about free speech on 160 campuses.
00:04:39.300 Over 37,000 students surveyed.
00:04:42.400 And you found that 69% of the students agreed
00:04:45.680 that if a professor says something the students find offensive,
00:04:49.340 he or she should be reported to the university.
00:04:52.980 They should be reported.
00:04:53.880 And 60% agreed the same for if a student says something that other students find offensive.
00:04:58.840 They ought to be reported.
00:05:01.140 What?
00:05:01.340 Yeah, no.
00:05:03.020 And that's something that I remember when we first started seeing that stat come up
00:05:06.200 when we did smaller surveys even 10 years ago.
00:05:09.180 And for the older people, you know, in my organization, like me, for example,
00:05:12.560 when we first saw students say, you know, like,
00:05:16.140 I don't speak up in class because I'm afraid I'll get reported.
00:05:19.380 And I remember having younger employees.
00:05:21.400 And it was like something like 9% of them were saying that they don't speak up in class
00:05:24.940 because they're afraid of actually getting reported to the university.
00:05:27.600 And we're like, that's unheard of.
00:05:29.280 Like, we never thought about stuff like that when we were in school.
00:05:33.640 That's nuts.
00:05:35.180 And this is so it's gotten even worse since then.
00:05:38.000 And students get in trouble.
00:05:39.540 People, students were already getting in trouble for pretty tame speech back in,
00:05:43.200 back in when I started back in 2001.
00:05:45.320 But it has gotten so much worse.
00:05:47.220 We even have a case at UC, University of Chicago, Illinois,
00:05:51.720 where a professor was actually taught in an anti-discrimination case.
00:05:56.480 He was talking about a scenario that involved the use of racial epithets.
00:06:00.220 And if you're doing anti-discrimination law, a lot of the cases involve racial epithets.
00:06:04.060 But in order to be nice to his students and not to offend anybody,
00:06:06.900 he actually used euphemisms.
00:06:10.060 He just put B blank and N blank and then explained that referring to epithets for students.
00:06:15.080 They threw the book at this guy as as if he had really broken a rule,
00:06:19.740 even though he was trying to be as inoffensive as possible to his students.
00:06:23.620 How are you supposed to communicate what the offensive word was without doing like N blank?
00:06:28.420 I mean, you know, what what are you supposed to say?
00:06:31.300 And up until very recently, like we made this very sensible decision for in academia
00:06:37.440 that if you're referring to a word saying it is not the same thing as, for example,
00:06:42.560 calling someone that's just common sense.
00:06:44.760 But even that we've seen dozens of cases where a professor there was a professor even at the
00:06:48.700 new school who was explaining that it took a lot of temerity because there was a book called
00:06:53.100 Not Your Negro.
00:06:54.700 But there was a book there was a movie called Not Your Negro about the life of James Baldwin.
00:07:00.300 And the professor pointed out accurately that that's not what James Baldwin said.
00:07:04.320 And it takes a lot of temerity to correct someone as great as James Baldwin.
00:07:09.040 And that got her.
00:07:10.220 They threw the book at her as well.
00:07:11.440 We defended her successfully in that case.
00:07:13.800 You know, we Larry Elder was on the show not long ago talking about his great movie,
00:07:17.860 Uncle Tom, and he talked about his dad who grew up in Jim Crow South and had been called
00:07:24.220 the N word.
00:07:24.860 N word and and Larry said the N word in saying what had been, you know, thrown at his dad.
00:07:31.580 And we actually had this debate internally on my show.
00:07:34.280 I'm like, can we air that?
00:07:36.140 You know, it's a black man talking about how his black father was called that word.
00:07:40.240 Yeah.
00:07:40.680 And in the end, I said, I it is not my place to share to censor Larry Elder's story about
00:07:48.000 the racism his own dad was subjected to.
00:07:50.920 We didn't have any trouble as a result, but I'm not on a college campus.
00:07:55.420 If Larry himself, a black man, had stood up and said that in front of a class as a professor,
00:08:00.900 he he would have gotten in trouble.
00:08:02.280 Race doesn't save you.
00:08:03.460 Gender doesn't save you.
00:08:04.780 There are certain words and it's not just the N word.
00:08:07.060 That's the most extreme example.
00:08:08.620 There's a lot of other things.
00:08:09.560 Yeah.
00:08:11.640 And one of the things that's also so stunning about this, I wrote like a very long piece
00:08:15.200 for Reason magazine.
00:08:16.100 It was a good almost six thousand word piece explaining how bad things have gotten in historical
00:08:22.020 context.
00:08:23.320 And one thing that's really astounding about a place like Stanford that could have 20
00:08:26.820 attempts to get professors shut up or Harvard, where there was more than a dozen.
00:08:31.340 And that's just professors here.
00:08:32.740 Students try to get each other in trouble all the time.
00:08:35.200 There was only something like three percent of the entire faculty at Harvard self-identify
00:08:40.020 as any kind of conservative.
00:08:41.760 So it's like there's already incredibly low viewpoint diversity among professors.
00:08:45.460 It's even lower among administrators.
00:08:47.700 Yet, nonetheless, you are still on a regular basis trying to get professors in trouble,
00:08:52.300 students in trouble.
00:08:53.580 It really has gotten much worse than I ever feared it would get, much faster than I ever
00:08:58.080 feared it would get.
00:08:58.600 My gosh, right, because I remember reading the FIRE survey and it said four out of five
00:09:03.300 students, 83 percent self-censor their own viewpoints.
00:09:06.580 They're like, no way.
00:09:07.480 I know what not to say.
00:09:09.140 One in five censor themselves often.
00:09:12.260 And I thought, God, that's awful.
00:09:13.620 And then when I read the next paragraph about how, well, they're the ones reporting each other
00:09:18.080 and reporting on their professors.
00:09:19.680 I'm like, well, they created this bed.
00:09:22.000 Now they have to lie in it.
00:09:23.100 You know, it's like you should at least be taking a stand for the ability to express your
00:09:27.560 own opinion, even though some might find it offensive if you want us to care about these
00:09:34.280 oppressive college environments.
00:09:35.760 But they're not.
00:09:36.380 They're kind of on board with the censorship.
00:09:38.300 Well, to be fair, that's what they're being taught.
00:09:40.920 One of the things that I do is I always give this this list of five things that everybody
00:09:44.940 should run to their alma mater, ask their president to do the following things.
00:09:48.580 And one of the most basic ones on that five list is, of course, stand up for professors,
00:09:52.360 get rid of your speech codes, pull your students.
00:09:54.300 But one of them is just explain freedom of speech in the orientation.
00:09:58.980 They explain things like the bias-related incident program, which is one of the main tools for
00:10:03.020 students reporting on each other and reporting on professors.
00:10:06.340 A lot of times they'll explain the speech code, but they don't explain this kind of sophisticated
00:10:10.780 democratic idea of freedom of inquiry and freedom of speech, even when it's offensive.
00:10:15.820 And so I have some sympathy for these students because they're doing what they have been told
00:10:20.480 and they can't know things that they've never been taught.
00:10:23.620 And in K through 12, and in higher education, there's a much greater sense that you have
00:10:28.680 something much more like a right not to be offended than explaining the deep wisdom of
00:10:33.520 freedom of speech.
00:10:35.560 You're not wrong.
00:10:36.760 I want to stay on college campuses, but I'll give you a story as an aside.
00:10:39.480 I told this once before about my daughter, who's now 10, and we've since pulled our kids
00:10:44.380 from these New York City private schools, which are just around the bend on all these issues.
00:10:48.220 Um, so we found better places to raise them and place them in terms of education.
00:10:53.760 But anyway, last year she was in fourth grade in the city and they were discussing the Derek
00:10:58.400 Chauvin verdict, you know, the, the police officer who had killed George Floyd.
00:11:02.420 And these are fourth grade girls.
00:11:04.080 It was an all girls school.
00:11:04.920 They handed out a Newzilla article to the girl saying, read the article about what happened
00:11:08.760 in the case.
00:11:09.320 And then let's discuss.
00:11:11.340 And so my daughter's information came from the article and so did all the other girls
00:11:15.120 information.
00:11:16.340 And apparently it was a pretty balanced piece because I guess they were saying this.
00:11:20.540 The teacher stood up and said, there's a massive problem in America with police killing unarmed
00:11:24.860 black men.
00:11:25.580 Now, that's not true.
00:11:26.480 That's an overstatement of the problem.
00:11:27.780 It is a problem.
00:11:28.620 And when it, whenever a cop kills an unarmed black man, that's not good, black or white,
00:11:33.260 but to state it's a massive problem is not true.
00:11:35.720 In any event, she stated it and one of the other little girls said, well, wasn't George
00:11:40.840 Floyd resisting arrest?
00:11:43.200 And the teacher said they always blame the victim.
00:11:46.220 OK, as if that's not an OK factor raise.
00:11:48.820 Right.
00:11:49.200 So then my daughter said, wasn't George Floyd on a lot of drugs at the time he died?
00:11:56.220 And that, of course, was a factor that the defense argued a lot, you know, that the drugs
00:12:01.440 actually were the were the cause of the death and so on.
00:12:03.340 So great.
00:12:04.060 Let's debate it.
00:12:04.680 Right.
00:12:04.820 Let's get into it.
00:12:06.200 The teacher said to the girls, this conversation is making me uncomfortable and I'm shutting
00:12:11.960 it down right now.
00:12:13.800 So that's what's happening.
00:12:14.960 That's just one story in our little school.
00:12:16.420 But in the K through 12 education system before they even get to the college now, Greg, you
00:12:21.600 know, they're they're not teaching critical thinking.
00:12:24.420 They're not teaching the full fledged debate of ideas, the excitement of hearing disagreement
00:12:29.220 with your own points of view and learning and defending and exploring their teaching.
00:12:34.340 I'm uncomfortable with your opinion.
00:12:37.580 So you have to be quiet and the conversation's over.
00:12:40.340 And that's why I'm worried that this is not going to be a problem that's going to go away
00:12:45.360 fast.
00:12:45.760 That essentially what we're teaching kids in K through 12 with regards to freedom of speech
00:12:50.200 and sort of democratic norms is and what we started teaching them even 20 years ago is
00:12:55.260 what we're seeing now.
00:12:56.300 And I'm not seeing a big move to reform.
00:12:59.660 I'm not seeing I see a push sometimes from Republicans to reform what's going on in K
00:13:05.200 through 12.
00:13:05.580 And sometimes those are unconstitutional, too.
00:13:07.660 So it's been it's been a tough, tough discussion.
00:13:10.260 But I do think that our expectations, you know, like creating an expectation that if you bring
00:13:15.840 up a political topic that there isn't going to be healthy back and forth and debate around
00:13:20.660 it, that's fundamentally undemocratic.
00:13:22.720 And you look at what's going on in higher education.
00:13:27.120 There is so much of what I call intermediated relationships that essentially rather than have
00:13:32.000 that argument with someone in your class, if you're a Republican or a Democrat, you go and
00:13:36.040 report them to the bias related incident program because you've been trained since you were young
00:13:40.260 to always go to, quote unquote, an adult when you have these kind of problems.
00:13:43.940 And when you get to corporations, people go to H.R., for example.
00:13:47.680 Now, the problem with that is that's not teaching people the habits of living in a
00:13:51.420 democratic society.
00:13:52.440 That's making them go to power all the time.
00:13:54.660 And that's just fundamentally it should be antithetical to the way we teach.
00:13:58.380 Yet we're training young people in this way of always having intermediated discussions.
00:14:03.520 Oh, you write about this a lot.
00:14:06.940 And I have been subjected to this line.
00:14:08.820 I I've spoken at many universities, Stanford, Yale.
00:14:13.360 I could go on.
00:14:14.620 But the students do now believe and I've seen this just myself.
00:14:18.740 I say to them every time words are not violence.
00:14:22.700 They're not violence.
00:14:24.940 And you've written basically the right there.
00:14:27.220 They're a tool to avoid violence.
00:14:28.540 That's sort of why we have the First Amendment.
00:14:30.400 And I'd love to get you to expand on that, because we hear that all the time from young
00:14:34.540 people.
00:14:35.000 Oh, yeah.
00:14:35.680 Speech is violence.
00:14:37.360 The thing that I think is amazing is I've seen students come up with this and I've watched
00:14:41.100 professors make this argument as if it's a sophisticated, cutting edge argument.
00:14:45.380 But we now understand that words can be hurtful and that could be traumatic.
00:14:49.460 And therefore, words are the same things as violence.
00:14:51.620 And it's just like so you live in a world where you seriously think that John Stuart Mill was
00:14:55.780 incapable of thinking of the fact that words can sometimes hurt.
00:14:58.580 Like, what do you think Sticks and Stones was about?
00:15:03.460 Sticks and Stones would make no sense if words never hurt.
00:15:06.280 It's something you teach children to make them hurt less.
00:15:09.760 And so the way I open up all of my talks now is I talk about the bad rap that free speech
00:15:14.920 has gotten and about how people will argue that speech is violence and that speech is
00:15:20.620 only the bully, the bigot and the robber bearer and care about freedom of speech are my
00:15:25.640 three B's. And I go in and have to explain that in a democratic society, 50% plus gets to decide
00:15:35.660 who gets to talk. And before they were democratic societies, the rich and powerful
00:15:42.340 who are always protected because they're rich and powerful.
00:15:45.840 So this argument that only the rich and powerful and only the bigots and the bullies are protected
00:15:50.180 by freedom of speech is nonsense. You only need freedom of speech and a First Amendment to protect
00:15:55.860 things that aren't popular with the majority because the majority has majority majority rule.
00:16:00.580 And this is this is this is civics 101. The fact that students are like, wow, I never really thought
00:16:05.760 that way is mind blowing me. And the idea that they're making the argument that speech is violence.
00:16:11.720 I'm like, yes, that is an ancient idea. It's an ancient, very bad idea baked in baked into the
00:16:19.340 whole idea of freedom of speech is that we now settle our disputes through argumentation.
00:16:23.160 And given it's about like how we rule our society, of course, it's going to be ugly. It's literally
00:16:28.060 replacing the way we have dealt with conflict in the past, which was usually through violence
00:16:33.680 and coercion. So, of course, it's intense. It's replacement for violence. But freedom of speech
00:16:38.260 is one of the best inventions in human history for innovation, for peace, which is very badly
00:16:45.660 underappreciated and, of course, absolutely essential to having a democracy in the first place.
00:16:50.920 This I should have mentioned this up top, but you are also co-author of Cuddling of the American
00:16:55.420 Mind with Jonathan Haidt, which is one of the most famous books in the past 10, 15 years. I mean,
00:17:00.280 it's just everybody talks about it now because it was prescient. It was spot on. And there's actually
00:17:06.340 now an update to it, which you can get. They've published it online. But if you haven't read it,
00:17:11.000 read it and read the update, the afterward. But this is from the book. I've been reading so much
00:17:17.640 of your stuff that, forgive me if this isn't from the actual book or the afterward, but I think it's
00:17:22.000 from the actual principal work. You write, the idea that we should campaign against hurtful speech
00:17:27.140 among adults arises from a failure to understand that free speech is our chosen method of resolving
00:17:32.180 disagreements, using words rather than weapons. Open debate is our enlightened means of determining
00:17:39.480 nothing less than how we order our society, what is true and what is false, what wars we should fight,
00:17:45.980 what policies we should pass. And you go on and you write this. I love this part being this is so
00:17:52.080 this is profound. Being a citizen in a democratic republic is supposed to be challenging. It's
00:17:59.920 supposed to ask something of its citizens. It requires a certain minimal toughness and commitment
00:18:06.680 to self-governing to become informed about difficult issues and to argue, organize and vote accordingly.
00:18:15.340 Oh, my God. Yes, I'm putting that out and putting it over my desk. And you'll make a great argument,
00:18:20.780 which is the only other model is authoritarianism. So explain that.
00:18:26.700 Well, that essentially like this, this idea that, you know, speech is speech of violence is
00:18:31.540 essentially forgetting the fact that this is a tool for exolving conflict. And this is something
00:18:39.420 that Jonathan Rauch wrote, wrote a lot about that. The normal model for human society is what he calls
00:18:45.140 the fundamentalist model. And he doesn't mean religious fundamentalists. He means there's someone in
00:18:48.840 charge who gets to decide what is true and what is not. The enlightenment to a degree, and this is one
00:18:53.800 of the reasons why I think it gets a little bit of a bad rap, was the discovery of ignorance, of
00:18:58.080 actually going, wait a second, all this stuff that we thought was absolutely true, and all the shamans and
00:19:02.900 chiefs had told us was true, when you start to test it, it actually, it's completely false. And it's one of the
00:19:09.100 things that I do think is funny, is that sometimes we free speech defenders can get sort of like
00:19:13.760 labeled as paternalistic or arrogant. And while that might be, it might be true individually,
00:19:19.340 ultimately, the freedom of speech is about a very humble idea that we are all wrong all the time,
00:19:26.100 our individual biases are going to get us, in some cases, nowhere, in some cases, worse than nowhere.
00:19:32.380 There's a humility to being in favor of freedom of speech, which is that you always take seriously the
00:19:37.940 possibility, you might be wrong. And there's an arrogance to anyone who thinks that they are, that they can
00:19:44.660 be the perfect censor. Because when you're saying, like, I can actually eliminate discussion on this
00:19:50.540 topic, if I don't like it, you are putting yourself in the position of the final arbiter of truth, which is a
00:19:55.920 position that no person should ever take on entirely themselves.
00:19:59.680 That's exactly right. And if you want that, what you really are asking for is authoritarianism over you,
00:20:06.540 because you won't be the ultimate arbiter, somebody will be more powerful than you are.
00:20:10.440 And and why should they get to decide what capital T truth is, you might like it, for example, to get
00:20:16.220 political in the Joe Biden era, and not so much during the Trump era. Like, that's generally why we
00:20:20.680 don't want our leaders telling us what's okay to say and what's not okay to say. We used to be in college
00:20:26.260 environments and in a country in which it was kind of fun to say subversive things and to hear other
00:20:34.040 people's controversial views and debate them openly and have controversial figures come on campus and
00:20:40.540 sit and listen and then tear them apart. Great, let's do that. But just to have that intellectual
00:20:45.940 stimulation and figure out how you feel about it.
00:20:49.920 Yeah, I used what I used to say, and it sounds very old fashioned now. But being offended is what
00:20:54.900 happens when you have your deepest beliefs challenged. And if you make it through four years or five years,
00:20:59.400 in this case, of college, without that happening, you should demand your money back.
00:21:04.420 I like that. I hadn't heard that. But I like I mean, there's so much to go over with you. My
00:21:08.220 God, I could spend all day doing this. There's so many fun cases. Well, sorry, they're fun to talk
00:21:12.660 about, but they're not fun for the people involved. And I do want to get to that case out of Detroit
00:21:17.320 at Ferris University, because that poor professor is getting it. And the audience needs to know what's
00:21:21.840 being done to this guy. Greg, by the way, was the guy he was on the Yale campus. Remember when the
00:21:27.200 students were shouting down the professor over the Halloween costumes? He was there. He's the one
00:21:32.920 who took that video that we've all seen. I'm going to get into that. I'm going to get into really what
00:21:37.440 the causes are and how overprotective parenting is in part to blame for this problem. Don't miss
00:21:43.080 any of today's discussion. So excited to be bringing you, Greg. Don't go away.
00:21:47.020 Free speech and religion at the center of Supreme Court arguments yesterday as the justices considered
00:21:59.720 whether Boston, the city of Boston, violated the First Amendment when it refused a request
00:22:05.540 to temporarily raise a Christian flag outside of City Hall. Greg Lukianoff of FIRE is back with us.
00:22:14.240 So, Greg, this was a free speech case that went up to the U.S. Supreme Court yesterday in which I
00:22:19.980 didn't listen to the arguments, but according to what I read, they did the impossible. They managed
00:22:24.980 to unite the left wings and right wing of the of the Supreme Court. It sounds like this this could
00:22:31.520 wind up being a nine zero decision, possibly in favor of free speech. In other words, you got to let
00:22:39.560 the Christian flag fly. Yeah. And that would be consistent with previous decisions that essentially
00:22:45.920 and this goes back to cases going back decades that it's considered to be viewpoint discrimination,
00:22:51.540 which is the highest sin you can commit in First Amendment land if you allow every other viewpoint,
00:22:59.520 but you don't allow a religious viewpoint. And this is something that goes back to cases on campus as
00:23:04.140 well. It's not it's not the biggest sin you can commit if you're part of big tech tech, however,
00:23:09.620 they love viewpoint discrimination. And I actually want to get to that with you later, because
00:23:13.200 you have the exact same philosophy that I do, which is there's the First Amendment, which protects
00:23:18.560 us from the government interfering with our with our ability to speak freely. But there's also just the
00:23:24.860 concept of free speech. And it matters outside of the government setting. It matters in big tech.
00:23:29.160 It matters in the rest of our lives. And the more we crack down on people's speech, the more into these
00:23:34.320 deep rabbit holes they go. I think it explains a lot of what we're seeing right now. I've been talking
00:23:38.540 about it a lot. And I know I know you believe this. So we'll get to that, too. But let's let's just start
00:23:42.620 with this poor, poor guy at Ferris University. OK, this poor guy. I love him. I want the audience to get to
00:23:50.480 know him. And I ideally would like for them to write in and help him. His name is Barry. Is it Mellor?
00:23:55.240 Mellor. Yeah, Mellor. OK, he's a history professor. He's 74 years old. OK, the guy had tenure and he
00:24:03.840 did the unthinkable. He went he opened up his class. I guess it was this was it when was it fall
00:24:10.860 semester? It was just in the recent past. Yeah. Oh, OK. He opened up his class. OK, no, it just
00:24:18.140 happened. OK, so it just happened. And instead of being a normal, boring professor who stands up there
00:24:22.920 and says, welcome to history, we're going to start this day, I'm going to go forward. Here's
00:24:28.280 what I expect of you. Be honest. Don't copy other people's work and in your own assignment, whatever.
00:24:34.060 He decided to make it interesting. He's dealing with adults. You're in college. You're an adult
00:24:38.420 at this point. They're young adults, but they're adults. And what he did in order to prove the point
00:24:43.460 of don't plagiarize while you're in this class was he took a scene from the show Deadwood and he he would
00:24:52.620 he would show the scene in a minute. But he started by sort of reenacting it in his own words. He changed
00:24:58.140 the words to to have more of a professor to student message. And it was irreverent and it was vulgar and
00:25:05.460 it was hilarious. And then he showed the students the actual clip from Deadwood, which is almost exactly
00:25:11.340 the same, but for a few words. And he said, did I plagiarize from Deadwood? And he said, no, I
00:25:16.120 didn't. If I had just done this little bit in it, like in a paper or for you guys without crediting
00:25:20.900 the original source, that'd be plagiarism. That was that would cause you a problem in this class.
00:25:25.820 But that's not what happened. OK, so this is a fun way of teaching an ethics rule right up off the top
00:25:30.000 of class. I'm going to show you the video. Our audience is there are no strangers to profanity.
00:25:35.820 So they it's not that I use it every day. It's just when I really need to. So here is soundbite
00:25:41.540 one with the professor sort of his own. Again, it's got some R rated words in here. Take on this
00:25:48.200 scene out of Deadwood. Listen. I may have fucked up my life flatter than hammered shit, but I stand
00:25:55.740 before you today beholden to no human cocksucker and working a paying fucking union job and no limber
00:26:02.740 dick cocksucker of an administrator is going to tell me how to teach my classes because I'm a
00:26:08.520 fucking tenured professor. So if you want to go complain to your dean, fuck you. Go ahead. I'm
00:26:15.440 retiring at the end of this year and I couldn't give a flying fuck any longer. You people are just
00:26:20.200 vectors of disease to me and I don't want to be anywhere near you. So keep your fucking distance.
00:26:27.120 If you want to talk to me, come to my zoom. I love him. It's funny. He was trying to make them laugh
00:26:37.340 and make a point and tell us what happened to him as a result of all this. Oh, they're going they're
00:26:43.600 going after him. They're going after his tenure. The university is planning to discipline him. We've
00:26:49.220 actually we have a faculty legal defense fund at fire and we're defending him in court if need be.
00:26:56.040 And what's funny, Megan, is that that's one of the cases that like is on the less sympathetic
00:27:01.600 sort of spectrum from what I do all the time. It's amazing how tame speech can get you in trouble.
00:27:07.660 You're not all that surprised sometimes when, you know, people are funny about swears, Megan. Like
00:27:11.680 I'm not. But it's amazing how often if something involves like vulgar language, you'll have even
00:27:17.060 people right or left go like, well, that's that's pushing it too far. And I like to remind them
00:27:21.980 that one of the most important cases regarding campus free speech is a case called Papish,
00:27:29.340 which which is a student with the Supreme Court saying you cannot expel a student for printing a
00:27:34.880 cartoon, mocking the police by showing them raping the Statue of Liberty. Like and if so, if stuff that
00:27:42.360 offensive is protected, obviously this joking tirade that he went on is protected. And to be clear,
00:27:48.660 he sets it up with him in a in a spacesuit, essentially, like he talks about being from
00:27:53.280 Rigel seven. There's no way the university could actually say with a straight face that they didn't
00:27:58.140 understand. He was kidding for the whole thing. Of course. Right. Exactly. And the students
00:28:02.600 apparently, well, at least some of them thought it was hilarious. It's been posted online now. It has
00:28:07.140 at least my last check half a million views. Tons of Ford of former students are writing to him saying,
00:28:14.580 this is absurd. You were the funniest, best professor I ever had. You don't deserve this.
00:28:18.580 You know, God forbid the guy try to make it something that'll catch their attention,
00:28:22.280 something that they'll remember, something that isn't mind numbingly boring and utterly forgettable.
00:28:28.880 This is the thanks he gets. They've placed him on leave. They're coming for his job. And I am 100%
00:28:35.360 team, Barry Mailer. And if you are to find a way to email into this school, this Ferris State,
00:28:43.680 Michigan, northwest of Detroit, and tell them they have it wrong. This is disgusting what they're
00:28:48.240 doing to this guy. Can I ask you about what's happening at Vanderbilt? Because this one seems
00:28:53.580 so amorphous. They have some sort of a discrimination policy, I guess, that allows the, quote,
00:28:58.860 equal opportunity and access office. Already, I'm concerned that that's so broad to, quote,
00:29:06.020 take action against conduct that is inconsistent with the university's values. And apparently they
00:29:12.660 can take action, take action against you if you're the student or your child, if he or she's the
00:29:17.740 student, even if they haven't actually done an investigation and there are no appeals. So the
00:29:26.520 university just gets a report that some kid did something stupid. Based on the allegation,
00:29:31.700 they can discipline the student. And by the way, they say the action could include increased
00:29:36.960 monitoring, supervision, or security at various locations where the conduct occurred. Of course,
00:29:43.140 training and education for the students, they got to re-educate you into their thinking. But
00:29:48.300 monitoring and supervision and security and so on, for what? How is this? What?
00:29:52.620 Yeah. Now, it goes back to the free speech movement. 1964 starts at Berkeley. 1974, suddenly the Supreme
00:30:02.340 Court really recognizes that free speech rights include even highly offensive speech. And then by
00:30:06.680 1984, the actual year, you start having universities passing speech codes to ban offensive speech, whether
00:30:13.660 it's on the basis of race or sex. And these all get shot down. These get shot down by the court of
00:30:20.000 public opinion. This is something that brought actually a lot of liberals and conservatives
00:30:23.020 together in the 80s and 90s. It was defeated in court. And amazingly, as I mentioned before,
00:30:29.560 even though it was consistent, even though every time these were brought in front of courts,
00:30:34.240 they were shot down, universities actually had 79% of them had crazy speech codes. So what happens next
00:30:39.800 is that we help with lawsuits all over the country, always defeating the speech codes. And what they've
00:30:47.440 replaced them with are these things called bias-related incident programs or procedures that are as vague
00:30:54.500 as the one you just read, that basically they try to just barely be constitutional, just barely squeak
00:31:01.440 by, but they nonetheless enforce orthodoxy. They mean that students really should be scared about what
00:31:08.680 they say. And professors should be because they can be reported and, as you saw, punished without even
00:31:14.220 being found guilty of anything other than free speech. So how are these bearing in the courts?
00:31:19.100 Because, you know, one thing we've been noticing on the show as we cover, you know, woke culture and
00:31:23.460 all this stuff is that the courts overall, in my view, have been doing a pretty good job of not
00:31:28.960 becoming woke and just following the law. You know, it's been my one comfort as a recovering lawyer that
00:31:36.380 we still have. Yes, we have more and more woke jurists and so on, and certainly law schools are
00:31:40.860 woke. But so far, the law has pretty much held. So how are these cases faring?
00:31:47.480 So, so far, it's a little bit of a mixed bag, partially because they were constructed in order
00:31:51.960 to in order to be found just fairly constitutional. And that's kind of outrageous. We've also seen
00:31:58.280 after winning every single speech code lawsuit that that had been brought in the past five years,
00:32:04.260 we've seen a couple of cases where where judges are saying that students don't have standing to
00:32:10.580 challenge these speech codes, even in cases where it's very clear, the speech code had been had been
00:32:16.500 applied. We saw this at University of South Carolina, for example, easy case, as far as I was concerned,
00:32:21.520 and they investigated a student for two weeks under the speech code. And then when this got in front of
00:32:27.280 court, believe it or not, they actually tried to argue and they succeeded on this argument that
00:32:31.640 because they decided not to find the students guilty at the very end, this wasn't a speech
00:32:36.160 violation. Now, this is going against decades, decades of law. So for the first time, I actually
00:32:41.500 have some worries. Now, of course, Megan, the good news is when things get to get in front of a court on
00:32:46.620 the substance, free speech always wins. There's no right not to be offended. That's very clearly
00:32:51.360 established. First Amendment law is very strong. But I'm afraid with these sort of technical outs,
00:32:55.960 more courts are going to be not striking down speech codes, not defending student rights,
00:33:00.800 because of a misinterpretation of what of who's allowed to bring a case to court.
00:33:05.500 Oh, my gosh. That's basically the court's way of weaseling out of doing the right thing. Right.
00:33:10.760 Which is defending the speech, even if somebody finds it offensive, even if it is offensive,
00:33:14.540 even if it's disgustingly offensive. Right. I know you've defended people, speakers and speech
00:33:19.660 that you don't agree with and that you find offensive. So have I. I mean, I was on the air at Fox
00:33:23.960 defending those lunatics at the Westboro Baptist Church for their signs at the funerals of a
00:33:28.880 fallen military men and women. Did I like what they were doing? No, but I like the First Amendment
00:33:33.440 that that's how we all used to be. We most of us used to be in that camp. It's a more recent
00:33:38.820 phenomenon that, you know, with these young people that it's like somehow free speech itself is the
00:33:43.000 problem. Yeah, no, that's that's a change that happened very fast. And it's the whole reason why I
00:33:48.700 wrote the book Coddling the American Mind with my friend Jonathan Haidt is because it wasn't a subtle
00:33:53.500 shift on campus. It was 2014. Bam. Suddenly students were showing up. And to be clear,
00:34:00.300 for the previous, you know, 15 years of my career, students had been the best constituencies for free
00:34:05.840 speech. They understood offensive comedy. They understood offensive lyrics. They had each other's
00:34:11.120 backs to a degree. And like lightning struck in 2014, suddenly that all that all changed. And the
00:34:17.360 whole book really is trying to figure out what was so different about these students who started
00:34:22.200 hitting campus around 2014. And so much of what we're seeing today, you know, is closely tied to
00:34:28.060 that major shift. And we do think that social media is actually a leading reason why we had this
00:34:34.420 dramatic shift. But also K through 12 education is a big part of it as well.
00:34:40.440 Hmm. Well, you do have it diagnosed. And I think that's that's fascinating because everyone wants
00:34:46.300 to know, like, how, where did they come from? Why are these kids like this? My feeling is who the hell
00:34:50.780 gave birth to these kids? Are these Gen Xers kids, children? Because Jen, I know you're a Gen Xer. So
00:34:55.460 am I. We're tougher than that. Like we our generation takes everything. We never complained. What's so are we
00:35:00.840 raising? Are we the ones raising these coddled little children?
00:35:04.580 Yeah, it's it's an interesting combination. And one of the things we try to figure out in the book
00:35:08.620 is that if you were born in the late 90s and grew up in the zeros, you were growing up at a time that
00:35:14.140 was way safer by basically every single measure than when we were kids or when our parents were
00:35:20.200 kids, et cetera, et cetera, you know, going back in time. But for whatever reason, a lot of these
00:35:24.600 parents were extra paranoid that essentially the the idea of always keeping your kids in it safe
00:35:31.120 took on a sort of unbounded sense. And this is why we call it in the book safetyism. This is
00:35:37.620 actually something that Pamela Paretzky came up with the name and I think is fantastic.
00:35:41.360 But this idea that free that safety is the ultimate goal, no matter how absurd it gets,
00:35:46.840 there are no tradeoffs as long as you can argue that kids are that even if it's the tiniest increase
00:35:52.000 in safety, everything else goes out the window. And we think that this obsession with safety,
00:35:57.180 particularly as it morphed into something that also means emotional safety, it's very harmful to
00:36:03.240 people's ability to talk across lines of difference or for that matter, say anything provocative at
00:36:08.040 all. That's I mean, I don't understand it because I really think that I like my generation, I think,
00:36:16.780 you know, I just saw this thing online. I don't know if you saw this meme, but it was showed this
00:36:19.380 one guy and he's walking through a doorway. Maybe he's he's probably around our age, like, you know,
00:36:23.900 late 40s, young 50s. And he's walking through a doorway and his shoulder hits the doorway and he just
00:36:29.960 keeps going. It's like it didn't even happen. And it says born in 1970. Right. And then have you
00:36:35.780 seen this? And then then he hits it and he kind of gets like slightly irritated, kind of yells at
00:36:41.300 the doorway as a born in 1980. And then they show 1990 where he like acts hurt like it hurt him 1990.
00:36:48.740 And then it gets to the 2000s and the person's like falling down on the ground is like, oh, my God,
00:36:53.320 my shoulder. Ow, ow, ow. And then takes a selfie.
00:36:55.340 So I just don't like I'm trying to figure out how people like us born in that general era where we
00:37:02.080 were dealing with the Cold War who lived through 9-11 and all that are raising these wussy little
00:37:06.520 children. All I can think is that somehow like something happened in a window there because my
00:37:10.140 kids, I'm 51 and I had my kids late, you know, late 30s, early 40s. Like, who are these parents and
00:37:16.760 why are they so scared? Is it because ours is the first generation where that's really the second
00:37:20.700 generation where we were we were both parents outside of the house? Is that way you got upset with
00:37:24.980 safetyism and like, oh, my God, nothing can happen to junior and there could be no independent
00:37:28.280 conflict resolution. And then they go off into life that way. And this is the result.
00:37:32.600 Yeah, well, we call it problems of progress in the book. And in my earlier book, Freedom from Speech,
00:37:37.360 I called it problems of comfort that essentially the kind of problems that we're currently facing
00:37:42.100 with regards to overprotection are the kind of problems that you'd probably want to have
00:37:46.720 throughout most of human history. That essentially, like if you if you're less concerned about the
00:37:51.360 saber tooth tiger eating you or the commissars or the Nazis coming to arrest you, then it's nice
00:37:56.660 that you get to a stage where you can worry about smaller and smaller things. But that was usually
00:38:01.300 met with some amount of like, but, you know, it's good to be challenged. It's actually even good to
00:38:06.120 be offended. It's good to engage. You know, like all of these kind of aspects of wisdom that we used to
00:38:12.920 teach younger people have been largely sort of dismissed. And so I feel like once again, I don't think it's a
00:38:18.680 student's fault that they're being raised in an environment where they're being told you have a
00:38:22.400 right not to be offended. In some cases, that words are violence, as we mentioned before, that
00:38:27.380 they're permanently harmful to people and that people will never recover. And the reason why this
00:38:31.680 anchors me so much, though, is it's telling students that and this is the major takeaway of
00:38:36.820 coddling the American mind. We are teaching a generation of young people the habits of anxious
00:38:42.680 and depressed people that everything they're always under threat, they're always under harm,
00:38:46.740 and they won't bounce back if they are harmed by words or thoughts. And it's leading to incredibly
00:38:53.120 bad mental health outcomes. And that's on us. Like, why on earth would we be whispering into
00:38:57.860 students' ears? It's like, by the way, if you hear something that really bothers you, it might
00:39:01.720 permanently damage you. And you definitely shouldn't do that to someone else. Then, of course, they're
00:39:06.040 going to be anxious and depressed. Right, right. I've said this before, but at my daughter's old
00:39:11.680 school, I said to the head of school, hey, you know, you do all this diversity training for the
00:39:16.480 girls, for the faculty, for everybody. You know, at some point you might consider spending
00:39:20.420 some time on grit because at some point in life they may meet somebody who hasn't had
00:39:24.800 the training. And they may actually say something offensive to these girls. And she said, will
00:39:28.860 you teach the class? I said, well, first of all, it's more than just one class. But second
00:39:32.760 of all, I will do it, but I'm going to show up in an inappropriate Halloween costume.
00:39:38.460 That's how it goes. I'm going to offend everyone. I'm going to say swears. I'm going to call
00:39:43.020 them names. And you know what they're going to learn? They're fine. They can handle it.
00:39:48.940 They're strong enough. And that's the thing that happens naturally psychologically. If
00:39:54.540 you basically say, like, this is the worst thing that could ever happen to you, it's
00:39:58.080 always going to be in your head a million times worse than when it actually happens.
00:40:01.700 And you're like, OK, that was fine. Like he gave a popular opinion among people who don't
00:40:07.360 go to don't go to elite colleges. And that's one thing that I do get frustrated with as well,
00:40:12.220 Megan, is so much of this is classism. So much of this is upper class, you know, elite educated
00:40:18.800 people. You know, they have a really hard time distinguishing the ideas and political ideas
00:40:25.920 that they're born with or raised in as being the same thing as truth. When I started Stanford
00:40:31.800 law school in 1997, I was constantly pointing out. It's like, listen, my dad's a Russian refugee.
00:40:38.780 My mom's a British immigrant. I was probably the only one in my class who was working when
00:40:43.020 I was 11. And constantly you are saying things that you think are the are the God's honest
00:40:48.340 truth that any working class kid would come in and say, well, you'd be kind of horrified by
00:40:53.660 how we actually talk.
00:40:56.020 Right, exactly. Some of these families are actually more worried about getting food on the table
00:40:59.700 for dinner that night than they are about, you know, the girl in the Argyle sweater with her
00:41:03.640 cute little pleated skirt sitting there gazing at her navel and then feeling, oh, what color is my
00:41:07.940 skin? Oh, it's white. Maybe that's important. Oh, look, there's my lady parts. Maybe I should
00:41:11.080 focus on those. Oh, that's that's what I stand for. It's like, oh, my God, you get a real problem.
00:41:16.120 Get a real problem. All right. Stand by, Greg. There's so much more to go over with. And I think what
00:41:20.400 you said about social media is really important. Why Greg revised his original condemnation of
00:41:27.520 screen time in his addendum and is now more focused on social media and why he thinks that's
00:41:33.320 actually the villain we need to keep our kids away from. Don't go away. And remember, folks,
00:41:36.920 you can find The Megyn Kelly Show live on Sirius XM Triumph Channel 111 every weekday at noon East and
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00:41:49.040 If you prefer an audio podcast, subscribe, download for free on Apple, Spotify, Pandora, Stitcher or wherever
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00:42:00.440 many downloads in the archives every day. Love seeing all of you find our library.
00:42:11.040 A stat from 2019 from our then Surgeon General. One in three, this is before the pandemic,
00:42:18.160 one in three high school students and half of female students report persistent feelings of sadness
00:42:23.620 and hopelessness, an increase of 40 percent since 10 years earlier, saying technology is largely to
00:42:30.200 blame. Research done during the pandemic of 80,000 students worldwide found depressive and anxiety
00:42:35.940 symptoms doubled during the pandemic on a worldwide basis. Back in the United States in early 2021,
00:42:42.620 ER visits for suspected suicide attempts were 51 percent higher for adolescent girls,
00:42:49.060 4 percent higher, a much lower rate, but still higher for boys than the same period back in 2019.
00:42:55.520 We're going in the wrong direction. And technology is not the only thing, but it's a huge factor.
00:43:01.780 And you have zeroed in, in particular, on not the cell phone, not the screen, the social media.
00:43:08.580 Explain.
00:43:09.720 Yeah. Initially, when we were trying to figure out what was so different about the kids hitting campus
00:43:14.660 around 2014 and why they were so much more anxious and depressed and all this kind of stuff,
00:43:18.780 the obvious candidate was the cell phone, because that basically it being the iPhone being
00:43:25.300 released, you know, changing the world forever, lined up in terms of time perfectly.
00:43:32.420 And the only data we had when we were working in 2018, we were wondering if maybe it was screen time.
00:43:36.840 But it's since become much clearer that the thing that is the most harmful, particularly young girls,
00:43:42.280 is social media and particularly, you know, websites like Instagram.
00:43:46.380 So we talked in the book about how Instagram is harmful to the mental health of teenage girls,
00:43:52.660 partially because it's this constant social comparison thing, which is which is kind of like
00:43:56.060 taking the existing nasty behavior from adolescents and giving it superpowers,
00:44:01.720 making it a thousand times worse so that you're dealing with the mean girls 24 hours a day
00:44:06.040 for the rest of your life, which even just saying it makes me depressed and sad just thinking about
00:44:10.200 it. And it turns out Facebook, as we fairly recently discovered, had some of this research
00:44:15.740 itself. So I don't have daughters. I have two little boys. But if I had if I had daughters,
00:44:21.760 I would keep them off social media as long as possible.
00:44:25.200 Yep. Same. Now, there's zero chance my kids are going to be allowed on social media. I just don't
00:44:29.360 care. I don't care how many of their friends are on it. That's where I draw the line.
00:44:32.260 Um, you write about things like overprotective parenting, loss of unstructured playtime that
00:44:37.420 allows children to learn how to get along. Um, some of these, all of this feeding into the
00:44:43.020 intolerance that we're seeing left and right in our society today.
00:44:47.020 Yeah. Yeah. That was a genuine surprise. Like when we were writing the book, we didn't think that the
00:44:52.020 lack of free time would play such a big role, but free time and free play. That's when you learn how
00:44:56.340 to interact with each other. That's how you learn how to take a joke. That's how you, that's,
00:44:59.700 that's how you get over yourself to a degree. And then I realized that all of my, the parents,
00:45:03.620 my age, like they, they schedule their kids from six o'clock in the morning until they go to bed at
00:45:07.640 night. And that's bad for you. It's so true. Last but not least, we don't have such a short time.
00:45:13.480 There's so much I wanted to cover. You got to come back. Um, censorship, censorship by big tech and
00:45:18.700 others. It doesn't change people's opinions. You right. Um, but it does make them more likely to
00:45:24.360 talk only to those with whom they already agree. Group polarization. Uh, this is one of these things
00:45:31.600 like in first amendment law, there's this idea that, you know, you have to let people say hateful
00:45:35.640 things because it will drive it underground. Well, it'll get worse. It's actually much worse than
00:45:39.840 that. It will lead them to talk to people they only agree with. And when you, when that starts
00:45:43.820 happening, you start spiraling off into crazy land. And this happens on the right and the left of,
00:45:48.560 as we've seen, it's really good to know what people really think. So you can know the world as it is.
00:45:53.460 And if you don't, they're just going to talk to the people who are either as radical as they are
00:45:57.800 or more, and it's just going to get worse. So expose them to dissenting opinions,
00:46:03.380 expose everyone to opinions that sound different from the way they think. And that might lead them
00:46:10.000 to moderate their own views. Yeah. Well, teach people also, also to listen as far, if I could
00:46:16.020 wave a magic wand, like one of the things I'd love to do is have people from different, you know,
00:46:19.800 polarized communities, not, not automatically go and debate each other, but hear what they're
00:46:25.400 coming from. We've, we've, we've seemed to fundamentally lost curiosity about each other
00:46:29.360 in the culture war. That's so true that this is what, I mean, like this is why after January 6th,
00:46:35.500 when people ask like, how did it happen? How these people actually believe that Mike Pence was going
00:46:38.540 to become president that day. And I tried to say, look, all the censorship and all of the,
00:46:43.580 you know, sanctimonious broadcasting where these people felt judged, made them turn you off and
00:46:50.560 find their own information sites. And that wasn't necessarily a good thing. You know, that really
00:46:56.260 wasn't and remains a serious problem on so many levels. Thank you for being one of the warriors on
00:47:02.120 the side of the angels, Greg. It's a pleasure. I love, I love your organization. Love, I love fair.
00:47:07.380 That's a different one. And I love fire, which is equally important. All right. To be continued
00:47:12.900 coming up, we're going to take a deep dive into the crime wave in America right now. The latest
00:47:18.420 statistics on murders in our major cities are far worse than even I understood. But now I've taken a
00:47:25.820 hard look at it. And Ray Kelly, former NYPD commissioner, will be here with his take on these
00:47:30.980 soft on crime DAs popping up in city after city after city, often thanks to George Soros.
00:47:37.380 Don't go away.
00:47:42.900 We are taking an in-depth look now at how left-wing criminal justice reform policies are getting
00:47:48.420 young women in particular this week killed in America. Over the past two weeks, we saw three
00:47:54.480 high-profile murders of young women killed by men who police say have extensive criminal records.
00:48:00.460 Joining me now is Ray Kelly, former New York City police commissioner and CEO of the global security
00:48:05.220 firm, The Guardian Group. Commissioner, it's great to have you here. I'm so disturbed by all of this.
00:48:13.620 And I just want to sort of give people an overview because for a while there, after George Floyd,
00:48:17.720 we saw defund the police, defund the police. And then the cities started to realize that was a disaster
00:48:23.700 and the money started to get replaced for police departments. But people like yourself, people like
00:48:30.420 Bill Bratton, Commissioner Bratton and others had been saying it's so far beyond this. You've got to
00:48:36.420 go after the soft on crime DAs who have been placed in office by these far left wingers. And a lot of other
00:48:43.840 things are going to have to happen to shore up the safety in these communities. And now we're living that.
00:48:48.520 So we've got this one woman out, a UCLA grad student, 24 years old, working in a furniture store
00:48:56.880 who was gunned down this past weekend. We've got a woman on the New York City subway, 40 years old,
00:49:03.580 shoved to her death as an oncoming subway train came with absolutely no possibility of saving her
00:49:10.180 own life. And in East Harlem, you've got a 19 year old girl killed at a Burger King as she was totally
00:49:16.160 complying with this guy's demands to hand over the cash from the cash register. And he still shot her
00:49:22.720 in the head and she was killed. That's just the latest. Your thoughts on where we're going and how
00:49:26.880 we got here? Well, I'm pretty pessimistic, quite frankly, Megan. The future, at least for New York
00:49:33.180 City, and probably in the short term, because New York will always survive, is bleak. We see Alvin
00:49:43.180 Bragg, a George Soros promoted district attorney who took the radical step of putting out a memo
00:49:52.160 that said, you know, we're just not going to prosecute a lot of crimes, a lot of felony crimes,
00:49:58.080 robbery, for instance, that sort of thing. We're going to make the transit system free. We won't
00:50:03.540 prosecute anybody for fare evasion. We won't prosecute anybody for resisting arrest. And this is
00:50:11.020 emblematic of what these other so-called progressive district attorneys have done and are doing in 25
00:50:18.480 cities throughout America, supported, promoted, funded to a large degree by George Soros and his Open
00:50:27.940 Society Foundation. He's been doing things like this for years, but this is really an insidious plot
00:50:36.580 that he's foisted upon us. And it has resulted in criminals knowing that they're going to walk
00:50:45.880 free. It resulted also, to a large degree, in bail reform, which has not worked well, certainly not
00:50:53.260 in New York City. So another thing that has to be factored in is that in the aftermath of the death of
00:51:01.880 George Floyd, cities, counties, states throughout America overreacted and put all sorts of unreasonable
00:51:13.580 rules and regulations upon the police. Now, there's a lot of discretion in policing. Cops can make a
00:51:21.600 decision to act or not to act. So police are reacting by pulling back, by not engaging in the
00:51:31.580 proactive strategies that have been successful in the, certainly in the 90s and in 2000.
00:51:40.480 Mm-hmm. The Ferguson effect.
00:51:42.500 The cops. Well, that's right. Exactly. The Ferguson effect, which is 2014. And we've seen the Ferguson
00:51:49.660 effect to a certain degree up until George Floyd death. But then there was a sea change,
00:51:58.040 major sea change. Cops have gotten the message, don't do anything. We don't want you to do anything.
00:52:04.640 And they don't want to do very much because it jeopardizes their job. It jeopardizes their family's
00:52:11.080 well-being. So unless we can remove or alter some of these restrictions, police understandably are going
00:52:20.440 to be hesitant to engage, certainly in the way they were engaging prior to Ferguson.
00:52:28.840 Mm-hmm. You can see it. I mean, you're a cop out there right now. You see somebody like Kim Potter, who made the
00:52:33.800 mistake of pulling her gun instead of her taser. And she's about to face a sentence that could be 15 years for a
00:52:40.000 mistake. Think how you're feeling about willingly intervening in a situation that may result in violence, where the
00:52:46.820 defendants in New York are now being told, don't worry about resisting arrest. We won't charge you
00:52:50.580 with that. Resist all you want. Go for it. If you can get away, good on you. Because according to this
00:52:55.060 DA, we'll no longer be pursuing that crime. And by the way, it's in several cities now that we're seeing
00:53:02.680 this so-called Ferguson effect where the cops pull back because they've been unfairly demonized by the
00:53:07.500 press, by some of our leaders. And so they're thinking, why am I going to risk my life, my relationship
00:53:13.720 with my family for this? Here's some of the stats. Chicago, 797 homicides in 2021. That's 25 more than
00:53:23.340 the previous year. It's almost 300 more than the year before that. Most since 1996 in Chicago. Philly,
00:53:31.540 559 people murdered last year. Most in the city's history. Los Angeles, 392 homicides as of the end of
00:53:40.480 2021. Most of any year since 2007. Houston, 18% rise in murders over the last year. Austin,
00:53:47.520 highest murder total since 1984. Portland, Oregon, highest murder total since 87. Rochester, New York,
00:53:53.700 highest since 1991. I could go on. The murders are spiking in all of our major cities. And you know
00:54:00.200 what's not spiking? Police killings of suspects. And the experts say that is an anomaly. Normally,
00:54:08.560 when the murder rate goes up, the police killing of suspects goes up just because there's more
00:54:13.060 interactions. Things can go south faster. It's not happening. And this expert was saying in one of
00:54:18.260 the pieces I read, Ferguson effect, these cops are like, I'm not, I'm not getting engaged.
00:54:23.600 Yeah. Not getting out of the radio car like they used to. They're delaying their, they're holding back
00:54:32.680 because they are concerned. Concerned that they're going to do something wrong or something perceived
00:54:38.700 to be wrong. And their job is at risk. You know, 12 cities in the U.S. in 2021 had record high
00:54:48.820 murders. And the country had a 30% increase in murder in 2020, which we've never had before.
00:54:58.140 Never close to that. So, you know, I attribute so much to the abuse that cops have taken,
00:55:08.880 these regulations and rules. For instance, in New York City, the city council removed a qualified
00:55:15.540 immunity defense, which is basically a good effort defense. So cops cannot use that in cases in the
00:55:24.060 city. Not federal cases, but cases brought in New York City. Now the city may or may not indemnify it.
00:55:30.420 So that is a clear signal to hold back. You know, in many ways, the advocates with defunding the police
00:55:39.800 have gotten what they wanted because cops are leaving. New York City lost, I think it's about
00:55:46.780 5,500 police officers in a year and a half. About half the retirements and half to just leaving
00:55:53.620 to resigning. We've never seen anything like that before. So this is why I'm pessimistic. I think
00:56:03.780 you're going to have to show a lot more support to police officers and perhaps even remove some of
00:56:11.560 these restrictions before we're going to see a major change. It would be nice if we had a DA in our city,
00:56:17.120 in LA, in San Francisco, in several of these cities that are seeing these crime rates, who actually
00:56:22.680 wanted to prosecute crime. Because while we elected a former cop as our new mayor, Eric Adams, and
00:56:28.240 anybody's got to be better than de Blasio. But I mean, that's a low bar. And so he's he has the tough
00:56:34.820 on crime rhetoric, the new mayor. But he doesn't make he doesn't bring the cases. The DA brings the cases
00:56:41.680 who is elected separately, Alvin Bragg. And they think it's one of those things where it's like everybody
00:56:47.560 in New York. It went 87 percent for Joe Biden. They just do down ticket Democrat. Dem, dem, dem,
00:56:51.580 dem, dem. That's how we got Alvin Bragg, a guy who is much more fitted for the Legal Aid Society,
00:56:59.080 where I think he used to work for a time than he is to run the Manhattan DA's office. They've had at
00:57:05.480 least 12 DA's quit already, including one of the most famous that they had, the woman who prosecuted
00:57:09.860 Harvey Weinstein, the woman who put poor little Etan Patz's killer in jail. She was great.
00:57:15.140 They they don't want to work for this guy because he's no longer going to be prosecuting several
00:57:19.720 felonies. He doesn't believe in bail, of course. So people go right back out on the streets.
00:57:24.660 Several crimes now are being treated as misdemeanors that aren't. He's rewriting the
00:57:28.800 law with his own pen. Right. Who does he think he is? An emperor? I mean, that is some nerd to go
00:57:36.980 against the will of the people, to go against the legislation on the books, laws that are on the
00:57:43.020 books because he thinks it's somehow not fair. You know, in the memo that he put out, he talks about,
00:57:49.600 hey, he's had a gun held to his head, you know, as a kid. And so what? That's not a rationale.
00:57:56.580 You'd think that'd be a reason to be tougher on crime. But no, the memo follows, you know, a ridiculous
00:58:05.420 path saying that, as you just said, virtually is not going to enforce any felonies. And
00:58:12.800 unless it's a murder. The whole tenor of the memo is to reduce crime to misdemeans and
00:58:21.400 absolutely consider incarceration as the last resort. So it's a pretty tough environment to try
00:58:30.380 to try to reduce crime in the city that's had a very tough experience during a pandemic with crime.
00:58:38.980 Exactly. So he also says, we're not going to, I don't want anybody in this office to seek a
00:58:44.380 carceral sentence, in other words, jail time, except with homicides and a handful of other cases,
00:58:52.080 like some domestic violence, felonies, some sex crimes. So just a handful, where are we going to
00:58:56.900 seek jail time? Right? That's crazy. And when bringing a case, you have to keep in mind the impacts
00:59:03.040 of incarceration and so on and so forth. And then he says, you cannot, if you're going to put a
00:59:10.600 convict behind bars, you cannot request that they go behind bars for more than 20 years for any
00:59:17.520 sentence that can't be reviewed or changed by a parole board. Meanwhile, oh, and they say,
00:59:23.600 and we shall not seek a sentence of life without parole. No seeking life sentences without, without
00:59:27.600 parole. Meanwhile, those had only been used by the DAs in the worst of the worst cases. I mean,
00:59:33.200 it's like serial killers, terrorists, cop killers, and people who kill children under the age of 14
00:59:40.560 in connection with sex crimes or torture. They were already reserved for the worst of the worst. And now
00:59:44.440 he's saying, nope, we'll not be seeking any life without parole because he, he has concerns even about
00:59:49.600 those guys. Yeah. To fight crime from Bob Morgenthau and he was the DA for 40 years. And that office was
00:59:59.500 the model for the rest of the country. They used to come from overseas to observe the New York County
01:00:05.720 district attorney's office. Well, that's, uh, that's long gone. Uh, so we're, we're in for a rough ride.
01:00:11.940 I know people are talking about the governor, uh, having the ability to remove a district attorney.
01:00:19.400 That's never going to happen. This governor is, uh, you know, was not elected to the point that
01:00:25.020 wants to run again. She's not going to take on the brag constituency. Uh, so we're going to have
01:00:33.100 to see if he, if he, uh, modifies position at all. But the question is whether the question is
01:00:39.020 whether Eric Adams can lean on him sufficiently. He doesn't have the power to make him make these
01:00:44.360 arrests, but can he lean on him sufficiently? But when you listen to Eric Adams, you know,
01:00:48.920 the past week, it doesn't sound like he has the motivation. I mean, that woman, that 40 year
01:00:54.240 old poor woman who was shoved in front of the oncoming subway, it's disgusting. It's so disturbing
01:00:59.580 that today there were pictures of New Yorkers refusing to go through the turnstiles to wait
01:01:04.320 for the subway. They wouldn't get onto the subway platform. They were waiting behind the turnstiles
01:01:07.880 where you slide your little card because they're worried about some lunatic shoving them on the
01:01:12.740 tracks. Here she is, this poor woman, um, shoved and died. And, uh, what we hear from the mayor is
01:01:20.580 these are quotes. New Yorkers are safe on the subway system. Cases like this aggravate the perception
01:01:28.540 of fear, the perception of fear. This you, my, my husband just read Bill Bratton's book. It just came
01:01:36.820 out with his biography, his autobiography and Bill Bratton, of course helped clean up New York city.
01:01:42.860 And Bill Bratton talks in his book about how he went down to the subways and rode the subways and
01:01:49.940 said to a New Yorkers, the subways are safe. It's just a perception of fear basically is what he had
01:01:55.560 deduced that they were safe, but people felt like they weren't. And at that point in time, that was
01:02:00.440 true. So it worked. He just needed to show them. Right. But it's not true today. He can't just copy
01:02:07.300 what Bill Bratton did and hope for the best. It is not safe down there. That's why this poor 40 year
01:02:12.820 old woman is dead. Yeah. Well, you know, some practical things, uh, can be done. The cops have
01:02:19.380 to be deployed onto the platform. They were focused on fair evasion, but here's a district attorney
01:02:27.580 telling you he's not prosecuting any fair evasion cases. So those cops have to be visible on the
01:02:33.660 platform. So there's not a lot of cops obviously to do every station, but that would be an important
01:02:38.120 message. And they have to look at building barriers, which you see in other subway systems. I think
01:02:44.880 there's actually barriers on the union, the union square subway station in, in Manhattan. Yeah. It's
01:02:51.440 expensive. Absolutely. But something has got to be done to get the ridership confident about being
01:02:59.220 in the subway system because New York will never come back. There's only, there's only 28% of the
01:03:04.080 workers back in the offices in New York city. There's less than 50% ridership riding the subways now
01:03:10.800 than it was, uh, pre pandemic. And it's the key. It's the lifeblood of the city. And if people are not
01:03:19.620 comfortable, people are not using it. The city is going to have a very rough road to hoe. Yep. And it's,
01:03:25.580 you're right. They need more, they need more law enforcement down there. Transit crimes alone have
01:03:29.840 soared 65%, more than 65% in the first two weeks of the year compared to 2021. Um, crimes in general are
01:03:40.320 up more than a third in the first two weeks of this year compared to the same period in 2021. Car thefts
01:03:46.120 have doubled over the first two weeks. Grand larcenies are up 61% robberies are up 25% felony
01:03:52.400 assaults up. I could go on, um, murders to it. That's just our city that, and that's before we
01:04:00.260 had the weird DA memo saying, I'm not going to be prosecuting all these crimes. Right. So like
01:04:04.140 that's New York, uh, in, in San Francisco, in LA, they've got George Soros backed, uh, DAs.
01:04:11.860 The guy in San Francisco was raised by domestic terrorist, Bill Ayers, that Chesa Boudin. He was
01:04:17.080 raised by domestic terrorist, Bill Ayers and Bernadine Dorn, who was on the FBI's 10 most
01:04:21.540 wanted list. I remember asking Bill Ayers about this. I'm like, Oh, your wife, you know, he, I said
01:04:26.500 she, she was on the, the 10 most wanted list. He was go, he goes, a lot of good people are on that
01:04:30.540 list. I'm sure she's a peach. All right. So this is who's running the crime enforcement in San Francisco.
01:04:37.720 There's a, there's an effort to recall him. They want to recall Beverly Hills, the city council of
01:04:42.600 Beverly Hills that just voted to recall. They want to recall the LA, uh, prosecutor because
01:04:47.940 he's another Soros guy, Gaston. He's not, he's not prosecuting crime there. And the crime rates
01:04:53.380 are soaring. It's what haven't we seen enough to know that this isn't working when you have the
01:04:58.600 London, I'm sorry, the San Francisco mayor, London breed come out and be like, Holy, we got to get on.
01:05:04.120 This is insane. We see the chips falling one by one. It makes me wonder whether even the left is
01:05:09.620 going to see your experiment is failing. It doesn't work. Well, we hope so, but I think we're going to
01:05:15.140 have to go, uh, lower quite frankly, and down in deeper before we get perhaps a Rudy Giuliani type
01:05:23.480 of, uh, figure of being elected in, in some of these cities, because, you know, by and large,
01:05:30.480 people are not paying attention to elections. Alvin Bragg got only 86,000 votes, uh, in New York
01:05:39.180 County. Uh, the borough has 1.6 million people in it. And same thing with the Blasio. He had,
01:05:45.200 you know, a very small voter turnout. So people have other things on their mind. I don't know why,
01:05:51.760 because it certainly, uh, uh, is, is a major issue and should be a major issue. But, uh, you know,
01:05:59.260 George Soros gave Alvin Bragg a million dollars. Now that may not be, you know, a lot of money in
01:06:05.740 today's political world, but it is a lot for district attorney's rights. And it, it, it made
01:06:12.100 a big difference. I saw Alvin Bragg, I didn't vote for him. I live in Manhattan. I saw, uh, a lot of ads
01:06:18.580 for him and, and effective organizing, uh, and going on. So people are going to have to wake up and pay
01:06:27.420 attention to these elections until that happens. I think we're still going to see these types of
01:06:33.400 people in the office because there are organizations that are focused on getting these people, uh,
01:06:40.980 into positions of, uh, of power. Uh, it is just something that, uh, cries out for more attention.
01:06:50.660 And, and I, I think unfortunately the crime situation will have to get worse before people
01:06:55.960 really wake up. All right. Let me ask you a question about two of the cases that I mentioned
01:07:00.980 at the top with the young women, because the, the, the men who have been arrested in those cases seem,
01:07:06.860 and they have long criminal histories and they seem not totally there, not all there. And we've had a
01:07:12.700 massive problem with homelessness, with, uh, criminals, with convicted criminals out on the streets who have
01:07:18.540 mental disorders in Manhattan, um, free to roam, free to commit crime, and now, you know, free to
01:07:24.460 avoid prosecution thanks to this DA. But I just want to show you in the audience, a clip of, of these
01:07:29.080 two guys, two of the guys, again, two of the cases I mentioned were in New York. One was in LA. Um, but
01:07:33.620 here is this, the, the man who is suspected of murdering, uh, this 40 year old woman in the subway,
01:07:39.200 uh, is named Simon Marshall. I'm going to play you the tape. You can't really understand what he's
01:07:43.840 saying. So forgive me. I'll tell you in advance, but I want you to see him. He yells,
01:07:48.660 go F yourself. Only he says the word. The reporter says, why'd you do it? And he yells,
01:07:53.420 yeah, because I'm God. Yes, I did. I'm God. I can do it. So let's watch him first.
01:07:59.360 Go f*** yourself.
01:08:00.760 What'd you do? You pushed the woman on the tracks?
01:08:02.920 Yeah, because I'm God. Yes, I did.
01:08:04.660 Why?
01:08:05.260 Because I'm God. I can do it.
01:08:07.620 Oh my God. I mean, honestly, I mean, how many times have you been down the subway and seen somebody
01:08:10.900 like that yelling crazy stuff and you just get your kids and you huddle against the wall so they can't
01:08:15.600 do it. I mean, this is crazy. Then there's the Burger King murder suspect, um, who again,
01:08:20.560 took the life of this young girl who complied with his insane demands and gave over the cash
01:08:25.200 register money. And he knew about a second cash register and she was trying to get it open for
01:08:29.260 him. She didn't want to disobey anything. The guy said he had a gun and he shot her to death.
01:08:34.060 Anyway, um, his name is Winston Glynn. Again, I'm going to translate for you because you can't,
01:08:39.380 you can't quite hear. Um, he yells out, you know, they charge N words every day. Where's our
01:08:46.760 reparations for 400 years of effing slavery? America's going to burn. Listen.
01:08:52.780 Oh my gosh. So how does it factor in, um, the number of people on the streets of Manhattan that
01:09:11.340 are mentally ill, the number of people who are homeless, who have long rap sheets and so on.
01:09:15.660 You can't walk down the street, New York city for any length of time without seeing somebody
01:09:20.200 who appears to have significant mental problems. Now it goes back to the seventies when the beds,
01:09:26.760 when the hospital beds for people with serious mental problems, uh, were started to be removed
01:09:34.720 and drugs were, were the answer. In other words, people had to take, uh, uh, a certain amount of
01:09:40.660 medication and that would be in place of being in a, in an institution. But we're going to have to
01:09:47.580 rethink that. We need to get people who are obviously a danger to the public and a danger
01:09:55.480 to themselves. We have to get them back into the institutions. And that's not, that's not
01:10:01.260 politically, uh, popular, or at least it hasn't been, but we can't go on like this to just, and
01:10:08.200 they're, they seem to me to be a lot more aggressive. The aggressive panhandling is a
01:10:16.100 tandem out. Some instances do a robbery, you know, demanding, demanding money. And of course
01:10:21.580 you see crimes, crimes that committed like this. Uh, they, they all have a combination of mental,
01:10:28.300 uh, uh, treatment and a criminal record. Uh, it's, it's, it's a major problem that I don't,
01:10:36.480 I don't think the political superstructure is going to respond to this, uh, uh, very well,
01:10:45.260 but we have to get them. We have to get them off the streets. Again, it's critical to New York
01:10:50.480 coming back. And, uh, you go to Midtown and you don't see people on the streets.
01:10:55.980 Not just New York, right? You got LA, this, this guy, there's a, there's a recall effort to get that
01:11:00.080 guy out in LA. Uh, there's a recall effort to get the guy out, as I mentioned in San Fran,
01:11:04.420 uh, in San Francisco, 50 plus attorneys have resigned since Chesa Boudin took office in January
01:11:09.460 2020 in Philadelphia. Similar thing. George Soros backed, uh, DA Krasner is his name took office in
01:11:16.840 2018. Apparently he said about to Ivy league law schools and historically black universities when
01:11:21.880 he took office, inviting top grads to help him on this progressive prosecutor mission. About 70 of
01:11:29.720 these recruits, according to the Philadelphia inquirer have already left, um, in as part of
01:11:34.720 an exodus that has included these young idealists and veteran prosecutors who realized this guy has
01:11:40.380 no interest in prosecuting crime out in LA, this young UCLA grad student who has just killed Brianna
01:11:48.700 Kupfer. Uh, they, they arrested, uh, the guy and he's 31. He, um, they, they believe he's homeless,
01:11:58.580 career criminal, lengthy rap sheet has arrested Charlotte, South Carolina, California. Uh, the
01:12:04.500 cops are saying now he should be considered arms, armed and dangerous. Okay. They didn't arrest him,
01:12:09.120 but they identified him. Uh, and we have the video of this guy on camera as he, as he just calmly
01:12:14.420 purchased a vape, a vape pen from seven 11, 30 minutes after he murdered allegedly Brianna
01:12:20.120 Kupfer. This guy, uh, was free on a thousand dollar bond from a misdemeanor arrest in Los
01:12:25.020 Angeles County. Uh, this is the kid, this is a DA who has said he's going to, he ran for office
01:12:30.980 vowing to stop prosecuting many misdemeanors. All right. And this guy was free after having
01:12:34.800 committed one. Uh, he hadn't fit. He had failed to appear in court repeatedly, had a bunch of bench
01:12:39.980 warrants out for him. Uh, serious crimes do not just that, that one crime, uh, assault with a
01:12:44.980 deadly weapon, carrying concealed weapon, assault on a police officer, trespassing. I could go on.
01:12:49.140 And when they asked this DA Gascon, a Soros Beck guy, uh, for comment on this guy, like, why,
01:12:56.440 why was he out? No comment, no comment. They don't want to weigh in when their policies go south.
01:13:02.000 They want to stay quiet. They want to skulk away. And they want to tell us that they're standing up for
01:13:06.040 things like racial justice and overcrowded prisons and, you know, keeping in mind that the life of
01:13:10.940 the defendant post post-incarceration and so on. Does any of that matter? Should it, should it be a
01:13:16.940 factor? Go ahead. I'm sorry. No, you go. Now what I'm concerned about is, well, the same thing will
01:13:22.660 happen in New York County. I'm sure where competent, qualified attorneys will leave, but I'm concerned
01:13:30.200 that they'll be replaced by individuals of a like mind to these, uh, district attorneys. So in a way,
01:13:39.740 I don't think that these DAs are that upset about people leaving because I think there is a, uh, sort
01:13:49.020 of a stream of like-minded people to take some of these, uh, positions because it's a, it's a ideological
01:13:56.640 fight, uh, for them. That's a very good point. In New York, you can't recall out in San Francisco,
01:14:03.360 two of the DAs who left recently joined the recall effort. They're now actively campaigning to get
01:14:09.500 this guy Chesa Boudin out of there. In New York, we don't have that mechanism. So we're stuck with
01:14:14.220 this guy. I agree. I agree because the governor apparently can remove and extenuating circumstances,
01:14:22.640 but she's not going to touch it. She wants to be elected herself. Yeah, we can get rid of her
01:14:28.240 because she's, she took over for Cuomo. Um, but her time in office is limited too. So she's going
01:14:33.400 to face a challenge and we'll see what New Yorkers decide to do. Ray Kelly's staying with us. Uh,
01:14:37.620 we have much more to discuss, including what happened at that, uh, Texas synagogue. He's got
01:14:42.060 thoughts on how, but don't forget after nine 11, he was a big counter-terrorism guy for our country.
01:14:46.140 So we'll ask him about what happened there. And there is an update in that case.
01:14:52.640 Okay. So we'll get to the terrorism situation in Texas in just one second. One thing I wanted to
01:14:59.080 mention to you is there was an update, um, out of Chicago about, and of course they're,
01:15:04.060 they're facing record murder rates there, which is saying something, um, nearly 100 murder suspects
01:15:10.440 in the Chicago area are at home right now, commissioner. They are enjoying the comfort of
01:15:17.520 their homes. Thanks to these soft on crime judges and the criminal justice reforms there.
01:15:24.080 The, the sheriff of cook County, his name is Tom Dart. He said, 2,600 defendants are under home
01:15:30.380 confinement and electronic monitoring right now. But he said he never wanted judges to use that program
01:15:36.480 for people charged with violent offenses. He's saying 75 to 80% of my people on home monitoring right
01:15:43.560 now are charged with a violent offense. I didn't want that. I have about a hundred people on home
01:15:48.880 monitoring who are charged with murder and including at least one of them is accused of
01:15:55.740 shooting and killing. Remember the shooting and killing of little seven-year-old, uh, Jaslyn Adams
01:16:00.440 at a Westside McDonald's in April of last year that made tons of news. That guy, that guy sitting at
01:16:06.360 home, I'm sure he's going to be respectful of the ankle bracelet, but it's come to that.
01:16:11.320 Yeah. Well, they're using the pandemic as an excuse to do this, but it's happening, uh, for reasons
01:16:19.480 more than just the pandemic. It's a philosophical thing that a lot of people don't want to see
01:16:25.440 anybody incarcerated. It's happened here at Rikers Island. Rikers Island has been pretty much empty.
01:16:32.000 There's still, uh, prisons there, but so much of it has to do with the pandemic. So it's another
01:16:39.520 issue because you can do things with an ankle bracelet too. You know, uh, crimes of, uh, emotion,
01:16:46.480 uh, you know, domestic violence, that, that sort of thing, uh, will not be stopped by, uh, an ankle
01:16:52.560 bracelet, but it's, uh, it's the world in which, in which we live now. This permissiveness has got to,
01:16:59.360 the pendulum has, pendulum has got to swing back, but, uh, it's not going to happen anytime soon. I'm afraid.
01:17:05.600 Well, what about the concerns that the people behind these softer on crime approaches say,
01:17:11.520 they say, look, you know, prison can make a criminal. Like you, somebody who goes to prison
01:17:17.720 over a crime, let's say they get to get a year sentence or something. Um, they, they,
01:17:22.200 they got prosecuted for an armed robbery, but the, the gun didn't really go off. And, you know,
01:17:29.960 he only brandished it for a minute and hadn't been in a lot of trouble before. Okay. You send that
01:17:34.440 kid to jail for a year. You make him a career criminal. He's surrounded by criminals. There's
01:17:40.260 obviously a lot of sexual assault in prisons and so on. And so they say, anytime you can reasonably
01:17:44.780 divert somebody from prison, you should, because that will ultimately keep society more, more
01:17:50.700 protected, more safe. What do you make of it? Yeah. That's what Alfred Bragg said in his memo.
01:17:55.580 It's going to make us safer. Yes. That young man though, cannot commit a crime against you or me for a
01:18:03.100 year. And that is a valuable aspect of, of putting people in a way, but incarcerating them is they're
01:18:13.020 not able to commit a crime. I want to be safe tonight. And I can't concern myself as, as a citizen
01:18:21.160 too much of what may happen a year or two years down the road. I want those people to be separated
01:18:29.480 from society because for a year, fine. That means he's not committing, committing crimes. So you
01:18:34.700 have to factor that, that reality in making these decisions. What about the number of people who
01:18:41.060 commit crimes because of drugs, right? They're high on drugs. They're, you know, they're out of their
01:18:44.520 mind on drugs. Should they be diverted to a drug program as opposed to sent into the prison pipeline?
01:18:50.320 Perhaps. And believe me, every district attorney's office has a diversion program these days. So
01:18:57.200 they're, they're looking at that very closely. And I, I, there's merit in that. I think you have to
01:19:03.420 look at each case individually, but if someone is just a, a user and maybe committed a crime to get
01:19:13.680 money to be, uh, to use drugs, I think an argument can be made for people in that status to be
01:19:22.040 diverted from the criminal justice system. But if they keep committing crime, then they have to pay
01:19:27.520 the consequences in my journey. Yeah. Well, that's the problem is that we're not looking at individuals
01:19:32.200 in New York and these other cities. We're just looking at the offenses and we're saying entire
01:19:37.060 categories of crimes will not be charged, will not be treated as the felonies. They are,
01:19:42.000 will be treated as misdemeanors. We're not looking at the individual circumstances. So like we're
01:19:45.500 missing opportunities to lock up serial criminals, um, who ought to be in jail. I mean, that they were
01:19:52.520 making a distinction, the mayor, uh, I mean, um, DA Alvin Bragg was saying something like, look,
01:19:58.160 the problem with, you know, the armed robbery is you got these cops arresting somebody from going in
01:20:04.920 there. You know, it's like a pork chop. The guy, is that a dangerous instrumentality? He whipped a
01:20:09.160 pork chop, pork chop at somebody and that guy doesn't belong in jail. And I like, okay, but
01:20:15.640 you know, these guys we're talking about today, they didn't use a pork chop. They used a gun and
01:20:20.640 they shot a young woman and they shoved a woman in front of the subway. And you never know if
01:20:25.200 somebody pulls out a knife, a fake gun, a gun that's not loaded. These are the distinctions
01:20:30.220 he's trying to make, whether that's going to lead another person to pull a gun on him,
01:20:33.780 somebody to get shot in the crossfire. You know, why would we be telegraphing anything
01:20:37.900 other than, than strict law enforcement and you're going to jail if you try to rob or burglarize
01:20:43.820 a store?
01:20:45.180 Yeah, it makes no sense. And, uh, in the memo, he talks specifically about section 160 of the
01:20:52.460 penal law, one, two, and three that deal with guns, uh, specifically. And he still says in
01:20:59.240 a memo that it can be reduced to, uh, misdemeanors. So, you know, his, his message, I think his
01:21:06.820 message is confused in his own head. You've got to look at specifically what he said in
01:21:12.920 that memo.
01:21:13.880 Yeah. You're saying, he's saying he's going to reduce to misdemeanors, uh, think crimes
01:21:17.520 that the law says have to be treated as felonies. So he may be confused or he's just flouting
01:21:21.960 law. We'll find out.
01:21:23.300 You know, what, what's a concern too, is the fact that there in the last couple of days, he's
01:21:28.320 turning to a public relations firm to help his image, to get him, you know, to better,
01:21:34.160 uh, perform on television or, or whatever. He's not looking at the substance. He's looking,
01:21:41.140 seeing it as a public relations matter, which I find to be, uh, concerning, uh, as well.
01:21:48.740 Yeah, no, he's, he used to work for Preet Bharara because he was, I think he was at legal
01:21:52.560 aid for a while, but he also worked in the U S attorney's office under Preet Bharara. And now
01:21:55.640 he's leaning on Preet for some sort of messaging. Apparently he's going to give some speech
01:21:59.700 saying the last two weeks have been a challenge, but no one cares. No one cares how it's been a
01:22:04.020 challenge for you. You know, people are dying, get it together, start enforcing the law. That's
01:22:08.160 why they put you in office. Nobody knew about your soft on crime policies. They just hit D.
01:22:13.320 I don't believe New Yorkers want no law enforcement. I don't believe they want to
01:22:16.860 say okay to resisting arrest and jumping the subway turnstile and, you know, armed robbery. I just,
01:22:23.120 I don't believe it. So he better watch it. He's about to give a speech. I don't think he's going
01:22:26.500 to dial it back. Um, I we'll see what New Yorkers do cause they don't tend to be a quiet crowd.
01:22:31.280 Yeah. Um, okay. Let's talk about what happened in Texas. Cause you, in addition to being one of
01:22:35.660 our most respected police officers and commissioners ever, uh, are a true counterterrorism
01:22:41.760 expert. And that's where your career took you after 2002, or you really spent a lot of time on that,
01:22:45.820 um, after nine 11. So what's happened down in Texas this past weekend appears to be an attempted
01:22:52.900 terror attack by a guy, uh, from the UK who, um, took four people hostage at a Jewish synagogue,
01:23:01.180 including the rabbi. And there are real questions about what the heck this guy was doing in our
01:23:07.460 country. He made clear he was there to protest her. She was known as lady Al Qaeda, who was in a nearby
01:23:13.120 jail sentenced to 86 years or 87 years in prison after she shot or tried to shoot, uh, our military
01:23:19.320 and, uh, police officers and had been caught with the ingredients for, um, how to make a dirty bomb
01:23:26.240 and all sorts of things. Anyway, he wanted her gone. She's a raving anti-Semite. And so is he.
01:23:30.720 So he comes over here. He takes these guys hostage. Thankfully he got shot and he was the only one,
01:23:35.120 but it turns out he does have a long criminal history in the UK and he was on their terror watch list
01:23:42.840 um, as recently as 2020, he was in be investigated for, uh, possible terror related, uh, problems.
01:23:50.300 And now we learned that the two teenagers they took into custody over in the UK are his sons. So you
01:23:55.980 tell me whether you think this guy should have been led in the country with a criminal history,
01:24:01.840 uh, terrorism sympathies, and possibly also mental illness. Yeah. Well, what does it take to get on the
01:24:09.620 no-fly list? Uh, it sounds like with the record that he had, he should have been on the no-fly list
01:24:16.120 or at least questioned, uh, before getting on a plane to come to this country. Uh, I did a study
01:24:23.880 of anti-Semitism in Europe for, uh, two years. So I'm pretty familiar with the issue. And in Europe,
01:24:31.300 anti-Semitism is as high as it's ever been since World War II. But clearly anti-Semitism
01:24:38.700 played a role in him taking the hostages. And I, I was disappointed in the FBI trying to
01:24:46.660 characterize it as just as effort to free, uh, see it's a Diki. Uh, anti-Semitism is a big
01:24:56.460 problem. It's a big problem in this country. We have to continue to focus on it. And the
01:25:01.460 FBI should very much be focused on it, uh, as well and not putting out statements that sort of
01:25:08.700 sort of, uh, poo-poo the, the, the threat. They have been overly sensitive to somehow
01:25:16.300 besmirching or, or denigrating the Muslim community in, in this country. And believe me,
01:25:25.220 they are very, very quick to complain about it. But this was obviously, uh, had an anti-Semitic
01:25:33.600 aspect to it. They, they corrected their position, but kind of too late. It showed that that's the,
01:25:40.900 that's the default, uh, position, trying not to involve any ethnic group, God forbid.
01:25:49.240 Mm-hmm. Yeah. You clearly have a radical, uh, Muslim in there who's, who hates Jews. I mean,
01:25:54.740 he made that pretty clear right from the start. And there's a real question about whether we have the
01:25:59.920 appetite to go after such suspects, uh, in this administration. I mean, Andy McCarthy over at
01:26:05.600 National Review wrote as follows. How, and he said, the question naturally arises, how energetic
01:26:10.720 is our counterterrorism vetting of aliens seeking entry into the United States now that Biden has
01:26:17.900 countermanded Trump's heightened vetting? You know, cause Biden's first day, he got rid of those
01:26:23.120 executive orders by Trump seeking heightened vetting of guys like this. And Andy said, quote,
01:26:28.300 when it comes to Western governments and jihadism, willful blindness is never fully cured. The
01:26:35.380 pressing question though, is whether it is back with a vengeance. What do you think?
01:26:40.940 Well, you, you never hear discussions of Islamic terrorism. They haven't heard it in the last, uh,
01:26:48.300 year from a government. All you hear about is the threat of domestic terrorism, uh, you know,
01:26:54.920 white supremacists, that sort of thing. I, I haven't seen cases brought against white, white supremacists.
01:27:02.000 Uh, you know, where are the cases, where are the leaks, where are the arrests of these
01:27:07.600 so-called domestic terrorists? And I certainly hope that, uh, you know, it's not the case that they're
01:27:13.200 taking the, their eye off the, uh, the external terrorist threat or the Islamic threat, because that's
01:27:21.680 real, that's ongoing. It's not going away. It's going to be fairly consistent. And, uh, you know,
01:27:29.440 all we have nationally to do these investigations is the FBI. So I hope that they haven't taken their
01:27:37.480 attention away from international terrorism and domestic terrorism, as far as radical Islam is
01:27:45.300 concerned.
01:27:45.700 Well, here's, here's the reality. You have the FBI now saying this guy was not on their radar and
01:27:51.120 people want to know why, why not? What he should have been, right? Like there's no way he should
01:27:55.620 have been given a visa and our partners over in the UK should have alerted us to him and we should
01:28:00.980 have been on it as well. Um, so the FBI says not on our radar. And meanwhile, the FBI is ready to go
01:28:08.120 in case any parent at a school board meeting in America, uh, decides to continue speaking without his or
01:28:14.120 her mask because they've been identified by this group as possible domestic terrorists.
01:28:19.540 Merrick Garland refused to stand down on sicking the FBI potentially on these parents, even after
01:28:25.380 that school board association withdrew its letter and said, nevermind, sorry. Now we know the whole
01:28:30.060 thing was generated by the education secretary Cardona anyway. Um, and so that's what the FBI is
01:28:34.620 doing. They're, they're looking at the school board meetings for people who are not so nice in their
01:28:38.700 rhetoric. They may say things to the school board that the school board members may not like,
01:28:42.320 but they don't have this guy on their radar and they don't recognize anti-Semitism when they see it.
01:28:48.740 Right. Yeah, exactly. And, uh, they, they, uh, have become unfortunately very political in the last
01:28:57.960 few years. They're trying to read those, uh, those tea leaves. And, uh, that was not the way it was.
01:29:05.380 The FBI has been a great institution throughout its history, but lately they look so sensitive to,
01:29:14.200 uh, the politics of a particular, uh, situation. That's not what they should be doing. That's not
01:29:22.400 what we want the, the justice department, justice department to be doing, but it looks certainly in
01:29:27.920 recent past, like, uh, they've shifted to being hypersensitive to, uh, the politics of, uh, the,
01:29:38.860 the, the particular administration that's in power.
01:29:44.060 Well, Ray Kelly, you put in a lot of years of service. I think it's 45 years in the NYPD.
01:29:49.560 You're a police commissioner, served honorably and revamped our police department into a world-class
01:29:54.740 counter-terrorism organization. And for that, the city and yours truly, we remain very grateful.
01:30:01.380 Great to speak with you. Thank you for being here.
01:30:03.060 Thank you, Megan. Great to be with you.
01:30:04.680 Want to tell you tomorrow? Tristan Harris, household name,
01:30:07.520 thanks to the alarming documentary, The Social Dilemma on Tech. Don't miss it.
01:30:14.340 Thanks for listening to The Megan Kelly Show. No BS, no agenda, and no fear.
01:30:24.740 Thanks for listening to the cabin.
01:30:32.380 I'll see you next time.