Media Spreading Hamas Propaganda, and COVID Vaccine Lawsuits, with Michael Oren, Arthur Aidala, and Jonna Spilbor | Ep. 658
Episode Stats
Length
1 hour and 36 minutes
Words per Minute
173.62683
Summary
Israel enters Gaza, protests erupt around the world, and Jewish students at Cornell University in Ithaca, New York are threatened with messages calling for them to be hunted and to have their throats slit. In just minutes, I m going to be speaking with one of the most important voices on what we are witnessing right now, Israel s former ambassador to the US, Michael Oren. He was born in New Jersey, wound up going over to Israel, staying there, and became their Ambassador to the U.S. And he s got a lot of thoughts about what we re seeing these days.
Transcript
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Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at New East.
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Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show.
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Israel enters Gaza, protests erupt around the world, and Jewish students at Cornell University
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in Ithaca, New York. This is a stone's throw away from where I lived the first 10 years of my life
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as a child and went to college, Syracuse University. This is unbelievable to me. You know how I'm
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always saying? I like people from upstate New York. They make sense. This is a little bit more central
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slash western New York. Same rule applies, though, but not at Cornell. Because as you know,
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on university campuses, anything goes. The left is unrecognizable, even to most of the left these
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days. Jewish students there threatened with messages calling for them to be hunted and to
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have their throats slit. In just minutes, I'm going to be speaking with one of the most important voices
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on what we are witnessing right now, Israel's former ambassador to the U.S., Michael Oren.
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He was born in New Jersey, wound up going over to Israel, staying there, and became their ambassador
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to the U.S. And he's got a lot of thoughts on what we're seeing these days. But first, I'm going to
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walk you through the developments that happened this weekend. In Brooklyn, New York, on Saturday,
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some 7000 protesters took to the Brooklyn Bridge as Jewish people were warned, avoid the area. Again,
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I have to pause. This is New York. This is America. The answer from the NYPD or the authorities at
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Cornell or the authorities at Cooper Union, that other college incident we saw last week, is not
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avoid the area Jews. It's all hands on deck when it comes to the cops and security. And Jews are
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welcome here just like anywhere else in any square foot of America because this is America. I don't
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understand this. Jews stay home. That's not the way forward. That's not the way forward. According to
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Fox News, one demonstrator told the crowd, we are going to liberate Palestine. We liberated parts
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of it already. So get ready to get barbecued. The protesters scaled a statue of George Washington
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waving the Palestinian flag. This video, courtesy of friend of the show, Julio Rosas, he's been on
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before, who, like he always is, was on scene to document it all. The crowd chanted Allahu Akbar,
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and at least one protester was heard saying long live Hamas. Look at this. Hamas cheerleaders
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in Brooklyn, New York. Allahu Akbar. Really? Okay. It was all too much for one Israeli man who
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confronted the protesters in a fiery exchange. They murdered my family, these fucking assholes.
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Jews. They murdered our people. They murdered babies. They cut their heads off. This is what
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you should pay. All the Muslim countries, nobody wants to open the border to take this garbage,
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right? Genocide. That's why Muslim countries opened the border to take this garbage. Nobody
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want. Genocide. You support genocide. Nobody want those people.
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Shame on you. Shame on you. Shame on you. Shame on you.
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Jewish, proud Israeli, and all these supporters, whatever they did in Israel,
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this is more worse than the Holocaust. And they will do it here as they, if they can. And they did
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it on September 11. Don't forget that. Hmm. Overseas, the images were just as dramatic.
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In London, around 100,000 protesters. Look at this in front of Big Ben. I mean, it's shoulder to
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shoulder. Flooded the city for the third consecutive weekend. A sound system led people to chant,
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stop arming Israel, stop bombing Gaza, and we are all Palestinian. And look at this video. It shows a
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masked man walking and waving the jihadist flag used by al-Qaeda and ISIS. Stay on message, sir,
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or wait. Are you? Are you? Journalist Andy Ngo posted video showing protesters chanting Allahu Akbar
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In total, 11 people were arrested, including two for assaulting police officers. This was the scene
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in Istanbul, Turkey, where President Erdogan told the crowd, Hamas is not a terrorist organization.
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Israel is an occupier. Look at this film. My goodness, it's a sea of people. Erdogan then
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declared Israel, quote, a war criminal. And late last night, truly terrifying videos began to emerge
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out of Russia when a flight from Tel Aviv landed in the Republican of Dagestan. Pro-Palestinian rioters
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there stormed the airport and began searching, openly searching and running after people they believed
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might be Israeli passengers from that Tel Aviv flight. They demanded to see people's passports
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and documents, breaking down doors, hoping to find the Israelis or Jewish citizens hiding in fear. Watch.
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I mean, look, I am a Catholic, so I understand Christianity.
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Can't imagine committing this kind of an atrocity or trying to hunt down a Jew or a Muslim or
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a Hindu or a Buddhist, trying to hurt them, kill them, yelling, God is great.
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One of my best friends literally in New York is Muslim.
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What's happening here is an abomination in the name of God.
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Last night, there were reports that no Israeli citizens were on that flight, which seemed
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But overnight, the Jerusalem Post reported that indeed there were and that the Israelis
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were hidden within the airport complex until police could control the riot.
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They were then evacuated by a helicopter to an undisclosed location.
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Apparently, this is a heavily Muslim area into which the Tel Aviv flight was was flying.
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And as you know, you know, the Russians and the Muslims have had their own problems.
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Was it employees at Tel Aviv there understanding that they were in danger?
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We'll find out more in the coming days here at home.
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Jewish students also ford forced to hide in fear inside their dorm rooms.
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On an American campus in the state of New York, Cornell.
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We've seen UPenn, all Ivy League, Cornell University in Ithaca.
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Another one, Ithaca, New York, now on high alert after deeply disturbing messages found
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One message calling for Jewish students to be followed home and their throats slit, saying
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I have a young friend who's at Cornell right now.
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That's why she she wasn't expected to be targeted for her religious beliefs, for something
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A separate message calling for Jewish students to be raped and killed, quote, before they
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It's been over three weeks since the October 7th terror attack on Israelis.
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The terror inside the border kibbutz and at the music festival is now being felt worldwide
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And just when you think you know what happened that awful day, horrifying new details emerge.
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I did something this this weekend that I've never done with my team before, and that is
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before I sent them this news link, I actually said I need to include a viewer warning.
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Like to my own team, I mean, we're all news people.
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But you can't just share something like this in a group text without a heads up that something
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And if we start doing that, we've lost some of our humanity.
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It's not OK, just these casual references to the inhumanity of Hamas.
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Like we need to pause before we just dump this stuff on you.
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And you need to pause while you're reading X or reading online the disturbing details of
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That is the story I'm about to bring you, so if you care not to hear it, now's the time
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Ellie's the founder and president of a Jerusalem-based emergency response organization.
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He's appeared on CNN, Fox, countless other media outlets over the past few weeks and recently
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met with President Biden when Mr. Biden was in Israel.
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On Saturday at the Republican Jewish Coalition Conference in Las Vegas, Beer took to the stage
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and talked about the horrors he says he and his rescuers saw, which included, forgive me,
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We didn't know which head belongs to which kid.
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See, little children, some of them had grandparents who were Holocaust survivors and they were murdered
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Little babies, little children, you couldn't even recognize if they were kids.
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They couldn't, we couldn't even recognize we saw a little baby in an oven.
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They put them in, these bastards put these babies in an oven and put on their oven.
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There's just, there's no words to describe what the Israelis went through.
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And all of this explains what we're seeing right now as they try to take out Hamas, the
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Joining me now, former Israeli ambassador to the United States, Michael Oren.
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I mean, the horrors, they continue to come out to the world.
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And yet my fear is they're not going to change anything.
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They're not going to change these protests on the street.
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It's already turned into a both sides kind of thing.
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You know, full disclosure, I actually serve as an advisor to Elliot Beer's organization,
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It's almost 8,000 paramedic volunteers who, free of charge, treat Jews, Arabs, Christians,
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and they themselves are Jews, Arabs, and Christians.
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Two of these volunteers were killed during the attack of Hamas.
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But just listening to him talk, and I've heard him say this to me personally, it just
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Because in so many ways, we in Israel are still on October 7th.
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We have moved beyond it because we're hearing these stories all the time.
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Just several hours ago, for the first time, Megan, I saw pictures of those bodies,
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I've been in the Army for many years, in the war many times.
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And they're barely recognizable as human beings, as babies, adults.
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We have between 100 and 200 bodies that we can't identify.
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You know, how rare that is you can't identify a body that can't get DNA out of them?
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And that's how thoroughly they were incinerated and mutilated.
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Animals would never do this to another living creature.
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So there, and you're, on top of everything out, is what's going on in Cornell.
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Last night I had a conference call, a Zoom call with the pro-Israel community at Cornell.
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They've had to shut down the Center for Jewish Living.
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People have been barricading themselves in libraries at Cooper Union in New York.
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And what's almost as bad as the assaults on American Jews, and it's going on around the world, not just in America, is the silence.
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The silence of Hollywood stars and silence of university presidents as those Ivy League colleges that you were mentioning.
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And I've written, I have my, I have a substack called Clarity when I write about this.
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But I actually wrote it this week on Barry Weiss's substack on honesty.
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I wrote a book called The Second War Against the Jews.
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Globally, whether it's in Dagestan or London or in Paris or in Ithaca, New York, it's a war against the Jewish people.
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Forget the face of Hezbollah from Iran, from Hamas, the hostage situations.
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The number of hostages keep on going up because we're finding out more and more.
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They're now topping 230, going up to close to 240 hostages.
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The great fear, the great threat we're facing, believe it or not, is a ceasefire.
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They're going to release hostages or videos of the hostages one at a time.
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They're going to talk about how wonderful they're being treated by Hamas.
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And in the international community, they're going to say, well, what's wrong with a ceasefire?
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Ceasefire means that Hamas gets away with mass murder of the worst, most heinous strike.
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A ceasefire means Israel will never be able to restore its internal security.
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We have 300,000 evacuees living in hotels, living in other people's houses.
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Would you bring your children back to a border community that has sustained that type of carnage?
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Hamas is allowed to restore its arsenals, make new plans for the next attack.
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And a ceasefire means we can't restore our deterrence power, not just against Hamas, but against Hezbollah, against Iran, against all our enemies in the region.
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When Israel goes to defend itself, the international community will impose a ceasefire, and you'll get away with it.
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So, you know, I don't carry a gun anymore, alas, I mean it.
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But my job is to go out to try to explain to the world why the ceasefire means death for the state of Israel.
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We need time and space for our army to undertake perhaps the most difficult missions ever undertaken, fighting in the streets, alleys of Gaza, which are booby-trapped in mine.
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But it's also what's beneath the streets, the hundreds of miles of tunnels and bunkers, some of them hundreds of feet beneath the surface.
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That's where the real war is going to be fought.
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And all the time, we have 150,000 rockets in the hands of Zizpala pointed at our heads.
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Rockets in the hands of shit and lishas in Iraq.
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Rockets in the hands of Houthi rebels in Yemen, backed by Iran.
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We are very grateful for the help we've been given by the Biden administration, by the United States, at a time when I'd say there's bipartisan support for not getting involved in foreign
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military attackments, again, specifically not in the Middle East.
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We have these two very large naval carrier strike forces in our region.
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And we're very appreciative of the deterrence that they are affecting against Zizpala and Iran.
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At the end of the day, Israel has to defend itself at great cost of our own soldiers.
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And to me, they look like, you know, children with guns.
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But this unit had been one of the first units to respond to the attacks on October 7th.
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The things they saw there, no human being should ever witness.
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And I saw on the faces of these children, I saw aged faces.
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And I saw the same fear on the faces of those Cornell students I spoke to last.
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I mean, it's just, I have a 14-year-old boy, I cannot imagine in four years, him having
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to go into a place like Gaza and fight and fight for his life and for the life of his
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A friend of mine and a Jewish American just wrote me a long, thoughtful email about the
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She said, in Israel, mandatory military service takes place, I think, for three years, starting
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They go, they learn about defending their country, about honor, about working as a team,
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Here in the United States, what do we do when our kids turn 18?
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We send them to college for four years of indoctrination in radical far-left thinking.
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We try intentionally to drive wedges between them and their parents, them and their country.
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We try to have people with a radical agenda imprint their beliefs on our children, as
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opposed to helping our children figure out how to critically think for themselves.
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It's such a diversion between the way Israel treats its young teens and the way we treat
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Not that anybody wants to see their 18-year-old go off to war.
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It's one of the reasons that wokeism hasn't taken root, really, here, is the fact that
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our young people, by the time they hit universities, they have flown F-16s, they have commanded tanks.
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And so, when a professor gets up there and talks about these things, you know, about critical
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race theory or microaggressions, they look at them and say, well, you've got to be kidding.
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It's very different if you're a very impressionable 18-year-old.
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And this is the first, you know, major authority you're seeing telling you these things.
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But, Megan, I don't have words for these kids, for these young people.
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And I think just about all Israelis understand that we have no choice here, that they have
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Well, like you said, I mean, if for no other reason than deterrence, if you don't, you're
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going to be seen as an even bigger target than you already are.
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If they don't, if they do not eliminate Hamas right now, others are going to see an opportunity.
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Let me ask you a question coming from the other side, the other argument, you know,
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from people who are pro-Palestinian, I'll put it that way, to be charitable, who say
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That we've seen these skirmishes, you know, mowing the lawn over the past 20 years or however
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long it's been, since 2005, since Gaza was returned entirely to Hamas.
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And nothing ever gets solved with rockets or return rocket fire, death, beginning death
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And, you know, you listen to these pro-Palestinian advocates and they basically say,
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I don't even think they want a two-state solution exactly, Ambassador.
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I think they want a one-state solution that doesn't involve Israel.
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But what kind of peaceful resolution could there possibly be?
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So, again, you know, citing my old age here, I started off my public career as an advisor
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to the Ishaq robbing government in 1993, at the time of the Oslo force.
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I actually participated in the last round of discussions, negotiations with the Palestinians.
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And one of the big problems is we talk in terms of solutions.
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There are not a lot of solutions for many problems in the place.
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You know, the solution is not going to be had, but there are better ways of managing it.
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One of the big impediments to managing it better is the belief that there's a solution.
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But certainly there is a solution to the grave damage done to Israel's deterrence power,
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to our internal security, and to the relationship between the people of Israel and the state of Israel.
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Because, to say very frankly, on October 7th and 8th, the state kind of let us down, right?
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Whether it be the military, at least let us down.
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We have a social contract, just like every other state.
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This social contract was a very particular social contract because Israel was created three years,
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almost to the date, after the end of the Holocaust.
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And the promise this country made to the Jewish people was that a second Holocaust couldn't happen,
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And that social contract sustains some pretty significant shredding on October 7th and 8th,
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Whatever verb you want to use, it will no longer be in control of the Gaza Strip.
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And you can say you can't get rid of the idea of Hamas, and that's true.
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Anymore, you can get rid of the idea of ISIS or Al-Qaeda.
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Anymore, you can get rid of the idea of Nazism.
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But the fact that there is no Nazi Germany today means that neo-Nazis do not have the power that they have.
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The fact that the United States degraded ISIS and Al-Qaeda greatly reduced the threats of those two terrorist organizations.
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You know, there's no solution by bombs and bullets.
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But in our region, we want to be able to manage the conflict, to make progress where we can make progress.
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We want to develop what has become one of the most successful countries in the world in every area.
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And we can only do this if we have basic security.
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Right now, things are changing militarily in Gaza.
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This is according to Rear Admiral Daniel Hagari, the chief military spokesperson in the New York Times, saying,
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The current stage of the operation, a combined force of infantry tanks and armored units are now attempting to move toward groups of armed Palestinian operatives inside Gaza.
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He said overnight, dozens of terrorists were eliminated, declining to specify how many Israeli troops were inside Gaza.
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Israel's defense minister this month outlined three phases of a battle plan.
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Three, creating a new security reality for the citizens of Israel, we presume by ending Hamas's rule.
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And they are—it's not a full-ground invasion, from what we can tell, into Gaza right now, though what we're able to observe is limited.
00:26:33.940
But definitely Israel has stepped up its attacks on Gaza.
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And I'll tell you, one of the things—and you know this better than anybody—that you're up against is not just Hamas and its evil, but the media, which enables it.
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This morning, I turned on NPR's Up First, a podcast, a short podcast that many people listen to to start the day.
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It's one of the top podcasts in the country, actually, news-wise.
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And one of the first things I heard was all about the devastation of the poor Palestinians said something.
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I think they said 6,000 dead, a number that has not been verified.
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I mean, at least the other papers said, oh, according to Palestinian Health Ministry, which we now know is Hamas,
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and all these papers were embarrassed having run with that hospital attack.
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But even today, she didn't even bother to source it on NPR.
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So you have the media working against you and the Hollywood crowd here in America working against you.
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And this growing leftist belief on college campuses and beyond that Israel's an occupier,
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that Israel's created in an apartheid state, that this boils down to skin color.
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And so there is a PR war that needs to be waged, and Hamas is very good at it.
00:27:54.840
First of all, I think, let me just say something about the unrest on campuses and some of these protests around the world
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and some of these media outlets like the BBC, I can't help but see beyond or beneath the anti-Semitism
00:28:12.960
These people not only hate Israel, they hate their own country.
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And they understand something that should be understood by everybody,
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that this is not a war between Israel and Hamas.
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Their problem is they view their own civilization as evil.
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And somehow in a Christian universe, Hamas becomes good.
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And that's precisely what's going on in these campuses.
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Ask these same people who are protesting for Israel's destruction,
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what do they think America is a force for good in the world?
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Whether America stands for anything worthwhile.
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As for the media wars, that's something I've been dealing with, oh God, for a very long time.
00:29:01.700
Even with the horrendous attacks of October 7th, 8th, with all the rocket fire.
00:29:07.420
And I'm sitting here in Jaffa, and we are hit by rockets pretty much every day.
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With all of their massacres and tortures and mutilations and burning.
00:29:26.380
Their plan is to have a military tactic that serves a media, a diplomatic, and legal strategy.
00:29:41.260
At the end of the day, the rockets can't cause much damage.
00:29:47.840
And they don't invest a penny in civil defense.
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There's no sirens that go off that warn people, right?
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I'm actually talking to you from inside my bomb shelter here.
00:30:00.780
I don't know if you can see the books behind me.
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And then it gets us to kill their people and get NPR talking about it.
00:30:21.580
Now, that creates protests around the world, particularly in Europe.
00:30:27.280
And that, in turn, translates into pressure on governments.
00:30:30.300
So the media strategy then turns into a diplomatic strategy.
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And the diplomats put pressure on their governments to vote for, for example,
00:30:38.040
condemnations in the Security Council, which in the end can leapfrog from the UN
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into the National Criminal Court, where they could find Israel guilty of war crimes.
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They're already investigating us for war crimes today.
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And then the International Criminal Court announces that there's a boycott and blockade
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which will deny us the right to defend ourselves and actually ultimately deny us the right to exist
00:31:04.200
So that, you've seen how it leaps from a military tactic to a strategy which is about media,
00:31:15.360
And they chip away at our legitimacy each round.
00:31:18.780
I guarantee you there's going to be more and more resolutions in the Security Council.
00:31:24.700
I hope the United States keeps on videoing those resolutions.
00:31:38.760
If you think back to how we responded after 9-11, we started bombing Afghanistan, you didn't have
00:31:45.060
reporters going into the villages in Afghanistan to talk about the plight of the innocent Afghanis
00:31:52.800
You know, and nor do we believe that they were using civilians in the way that Hamas uses them
00:31:58.820
But only with the Israel-Palestinian conflict does the media rush in to try to talk about
00:32:04.360
the effect of each and every bomb that Israel launches.
00:32:06.860
Each and every bomb is a war crime because of this, because of that.
00:32:10.080
Without giving the context of the fact that Hamas uses civilians as human shields, Israel
00:32:15.140
does everything within its reasonable power to stop civilians from being targeted.
00:32:20.640
That context is missing from 90 percent of the reports.
00:32:23.860
Just it was just a what was it a couple of days ago, October 26th, the Hamas leader,
00:32:36.960
Came out and said very clearly that the blood of women and children and the elderly being
00:32:42.140
spilled is a good thing for Hamas, that they need it.
00:32:50.500
I have said this before, and I say it time again.
00:32:58.460
I am not saying that this blood is calling for your help.
00:33:07.060
So it awakens within us the revolutionary spirit.
00:33:15.720
So it awakens within us the spirit of challenge and pushes us to move forward.
00:33:20.420
And yet, Ambassador, what you have, again, is are the Western reporters going in there like
00:33:27.080
another civil, Israel, Israel's killed this many civilians in Gaza, not not verifying the
00:33:34.400
numbers, not including any context, not acknowledging this is all part of Hamas's plan.
00:33:41.780
So, listen, again, I've been involved with this many years, and I serve on an interministerial
00:33:46.900
And I'm sort of the hard guy on this committee because people talk about, well, we've got
00:33:50.740
to invest more in trying to convince this campus or trying to convince that newspaper
00:33:56.960
We also have to keep in mind that at the end of the day, we are the Jewish state, which
00:34:02.400
means we will be judged by a completely different set of standards.
00:34:05.380
The United States and its wars in Iraq and Syria and Afghanistan killed tens of thousands
00:34:15.660
And the rules of engagement were much more lenient than our rules in terms of trying to avoid
00:34:28.780
And, you know, I have a, if you look at that, the Barry Weiss sub stack, that's what
00:34:36.000
I go into the press handling of Israel and show how the press's treatment of Israel, particularly
00:34:41.860
in this conflict, reflects medieval anti-Semitic tropes.
00:34:46.200
It's the, you know, innocent Jew is an oxymoron.
00:34:49.780
Jews are guilty by birth belief and ancestry of deicide.
00:34:55.180
Jews are guilty of the massacre of the innocents in the book of Matthew.
00:34:58.760
Jews are, you know, every bloodline, the classic bloodline of the Middle Ages is played out
00:35:09.300
And our ability to fight hatreds that are hundreds, in some cases, thousands of years
00:35:18.120
On top of that, all of these hatreds are amplified exponentially by the social media.
00:35:24.300
They are now being amplified by AI, because people are saying, well, those massacres really
00:35:30.700
never happened on October 7th, because they were all fabricated by Israeli AI.
00:35:38.580
And all those pictures of dismembered bodies and incinerated bodies, they're all fabricated.
00:35:44.100
And even the hospital, the Al-Ahi hospital bombing, which both the United States and Israel proved
00:35:51.400
unassailable, was not Israel's bombing, but a Palestinian rocket.
00:35:57.080
They had a poll today that came out that a majority of Generated Generation Z people
00:36:04.560
They believe that Israel fabricated the evidence that Israel did it.
00:36:08.480
Nor do the members of the so-called squad who continue out to go, oh, we may never know.
00:36:12.420
Or the New York Times, the New York Times, which paid experts a week, a week and a half
00:36:22.440
after that bond to keep on trying to prove that Israel did it.
00:36:25.620
It was jaw-dropping, jaw-dropping to see this stuff.
00:36:30.600
You saw, of course, the New York Times just hired a Palestinian reporter who openly praised
00:36:38.360
It wasn't like, you didn't have to really separate the wheat from the chaff to figure
00:36:42.100
out whether this guy actually is a fan of him or it was right there.
00:36:45.960
I thought, I think that even for the New York Times, that was quite exceptional to hire experts
00:36:54.400
At the end of the day, Megan, you know, we've been dealing with this hatred for a very long
00:36:59.920
And I'll tell you an interesting story if I could have enough time.
00:37:05.200
Like, you know, part of my family, believe it or not, from marriage is Sicilian.
00:37:11.300
And last year, just about a year ago, we went to Sicily.
00:37:14.580
And we had a great time with the Sicilian branch of the family.
00:37:17.920
And we went to Syracuse, not Syracuse, New York, which is the original Syracuse.
00:37:23.640
And in Syracuse, if you walk down these steps about 20 feet, there are the oldest mikvah
00:37:33.040
They're about 1,500 years old and they're still full of water.
00:37:37.420
And you're down there and there are no Jews left in Syracuse.
00:37:40.260
They were all evicted in 1492 during the expulsion and the Inquisition.
00:37:45.680
And you come out to the surface and you see these magnificent ruins.
00:37:50.820
Also Sicily, if you've got a chance to go to Sicily, if you've been there, it's amazing.
00:37:53.920
Especially if you like ruins and Byzantine ruins and Ottoman ruins and Arabs and Crusader
00:38:16.640
You know, a thousand years from now, the New York Times won't be here, but we will be
00:38:27.860
I know a lot of Jewish people and there have been the people who love them.
00:38:34.440
It's good to hear the larger perspective just for a minute because people are scared.
00:38:38.620
I know Jewish parents even here are scared where this is going.
00:38:43.640
And that's where I want to pick it up when we come back.
00:38:45.740
Your message for Americans and people outside of Israel who are dealing with this and what
00:38:54.340
Hamas releasing a new video just a short time ago showing three Israeli women who are being
00:39:06.920
In the video, the women criticize Israeli Prime Minister Netanyahu and call for a ceasefire.
00:39:11.940
I mean, obviously, these women are under duress and are more than likely being told exactly
00:39:20.060
The Prime Minister's office slammed the release of the video as cruel psychological propaganda.
00:39:25.820
As we've been covering, people are trying to spread awareness of the hostages all over
00:39:29.840
the world by putting up flyers so people can see their faces and their names, only for them
00:39:35.220
to be ripped down in many cases by pro-Hamas activists.
00:39:40.820
It happened again in Queens, New York last week.
00:39:44.160
Oh my God, this went so viral and for such good reason.
00:39:46.900
This time, however, the man ripping down the posters got more than he bargained for, thanks
00:39:55.860
And if you know Queens, when a Pauly shows up, you better be ready for a smackdown.
00:40:03.060
He's not Jewish, but he didn't like what he saw the man doing and handled it New York style.
00:40:21.700
You don't have a fucking right to touch that shit.
00:40:25.360
You can wave your Palestine flag and say death to the Jews or America whenever you want.
00:40:37.860
When you throw that on the floor, you're littering the city.
00:40:39.700
In a minute, I'm going to litter the fucking floor with you.
00:40:50.400
I ain't dying to fucking put you in the hospital.
00:40:58.560
He's now being hailed by many as the new King of Queens.
00:41:01.960
Back with me now, former Israeli ambassador to the United States, Michael Oren.
00:41:06.120
Ambassador, what I love so much about that clip is that the guy gets everything.
00:41:09.780
He gets that you have a right to say the stuff, even if the stuff is hateful, because this
00:41:15.060
But I have the right to come yell at you and get in your face about what you've just done.
00:41:19.100
And you don't have the right to tear down my posters.
00:41:21.340
I mean, it was just to me, Pauly and the Paulys of the world are the answer.
00:41:26.760
And I get very nervous about Jews, don't come to the dining hall.
00:41:36.940
You know what the truly horrible thing is, Megan?
00:41:39.400
I heard repeatedly today that there are charges that that video, which has gone viral, was
00:41:48.240
That's from people who have never been to New York.
00:41:49.980
Anyway, disturbing, you know, I spent many years, I was one of my first jobs in government
00:42:00.880
was being Israel's ambassador to the Christian world.
00:42:05.460
And there are about 60 recognized churches in this country, many unrecognized churches
00:42:11.860
And as preparation for that job, I sat down and studied the New Testament very carefully.
00:42:21.140
But one of my favorite lines of the New Testament comes from the book of Corinthians.
00:42:25.020
And where Paul says, you know, the world is a very confusing place.
00:42:30.020
And we look at the world as if through a glass darkness.
00:42:34.000
And I think that the greatest quality of human beings like Pauly are people who can look through
00:42:39.500
the glass, even if it's dark, and actually see clarity, see clearly.
00:42:48.220
That this, apparently, a Muslim gentleman has the right to fly a power on the Palestinian
00:42:54.660
But he doesn't have the right to assault another per-human being.
00:43:07.040
That's seeing through a glass darkly, but really seeing.
00:43:15.340
Because I understand Israel has a mission, and it's a righteous mission right now.
00:43:21.680
But I do worry, as we see these pro-Palestinian mobs growing across the globe and domestically
00:43:28.140
here in the U.S., about, you know, the Hamas talents in the propaganda war that we just
00:43:35.100
And as Israel's incursion ramps up, as things get worse for Hamas, I think that that swelling
00:43:42.540
of support for the Palestinians will get even bigger.
00:43:45.440
And I worry about the backlash to Jewish Americans here, Jewish people around the world.
00:43:51.140
You know, more college campuses getting the nonsense that we just saw at Cornell or at
00:43:59.420
Well, as I mentioned, I spoke to these Cornell students last night, and I spoke to them,
00:44:04.100
you know, after meeting these paratroopers, and I saw the same expressions on their face.
00:44:07.900
I said this earlier, but I said to the students at Cornell, you know, these paratroopers are
00:44:18.580
The front lines is Cornell University and Ithaca.
00:44:26.000
And making sure that no one can distort the history of Gaza, which includes Israel's withdrawal
00:44:34.960
We yanked 8,000 of our own citizens out of their homes in order to give the Palestinians
00:44:44.120
And these are just one of the many facts you have to know.
00:44:49.540
Israel is only responsible for 7% of the water in Gaza.
00:44:52.340
There's no water in Gaza because Hamas ripped up all the pipes to make rockets.
00:44:56.440
They dug tunnels through the aquifer and drained the aquifer.
00:45:00.500
But the people across there are going to blame Israel, denying Palestinians water.
00:45:04.960
You've got to know that knowledge is the equivalent of a gun on American campuses.
00:45:10.300
But at the end of the day, what these young paratroopers and these young students have
00:45:14.500
is their spirits, their unwillingness to surrender, their willingness to fight, to stand up.
00:45:22.040
And my advice to these Cornell students was do not let them.
00:45:25.680
Don't let them lock you into your center for Jewish living.
00:45:35.240
Your president or your college doesn't say anything.
00:45:37.400
Accuse that president of being complicit in racism.
00:45:41.500
And the standard must be, if people say this about Jews, if they had said the same thing about black people
00:45:48.240
or about LGBT people, what would be the response?
00:45:51.060
And if the response is anything less, less total, less category than what they'd say in those cases,
00:45:59.400
And accuse your president, your faculty of racism.
00:46:05.500
Here, I'm not quoting the New Testament, but our Bible, the Torah.
00:46:09.060
Here, Moses says to Joshua again and again, in Hebrew,
00:46:19.600
I mean, I have a lot of Jewish friends right now who are, for the first time, are buying guns.
00:46:24.560
They're worried about the mezuzah outside of their house.
00:46:27.540
You know, the marking that a lot of Jewish people put on the outside.
00:46:34.100
They're worried about their kids wearing their Star of David necklace.
00:46:40.300
But that we're at this point, even in America, I can't imagine being a Jew in Israel right now.
00:46:48.960
But we have to remember that we're Americans, too.
00:46:57.400
If we're not strong enough to do it ourselves, we get ourselves a Pauly.
00:47:16.880
Thank you so much for being with us here today.
00:47:28.680
It's like, you know, Pauly probably didn't see himself becoming a hero on the Internet
00:47:34.040
But that's all it takes, as he points out, moral clarity.
00:47:37.460
That moral clarity that he had, that a lot of you have.
00:47:45.660
They're counting on the anonymity of being able to pull down the posters or wave their
00:47:58.460
Now we turn to Kelly's Court with two of my favorite legal minds joining me today.
00:48:03.140
Johnis Bilboer, criminal defense attorney and founding attorney of Johnis Bilboer Law
00:48:07.900
and Arthur Idala, trial attorney and managing partner of Idala, Bertuna and Caymans and host
00:48:13.180
of the Arthur Idala Power Hour radio show on AM 970.
00:48:27.640
Let's start with Derek Chauvin, the man, the cop convicted of second degree murder in
00:48:39.140
That's what he was convicted of, among other charges.
00:48:41.540
Now he's serving a 22 year sentence and there's news on this case.
00:48:48.820
At the moment, his lawyers are trying to be to get the case heard at the U.S. Supreme Court.
00:48:55.140
The Supreme Court of Minnesota decided not to hear their appeal.
00:48:58.940
So now they're going to the court of last resort.
00:49:01.380
The U.S. Supreme Court trying to say, please, please, please hear our appeal and give us a
00:49:07.520
But in that context, like as that's happening, something else is happening, which is Amy
00:49:16.180
I think the three of us are about the same age.
00:49:17.700
She's a 1995 graduate of the University of Minnesota Law School.
00:49:20.580
And she was a prosecutor in this district attorney's office that went after Derek Chauvin in Minnesota
00:49:33.700
So she knows what she's doing, including first degree murder cases.
00:49:36.420
She specializes in, among other cases, police use of force cases.
00:49:43.840
Now, she is suing her old boss at the Hennepin County attorney's office, alleging, I think
00:49:54.620
it's sexual harassment, that he sexually harassed her, sex discrimination and retaliation.
00:49:59.920
And yet in the context of this civil litigation, she has made some extraordinary allegations
00:50:09.960
on the record about what kind of behavior he's guilty of and what he was saying and doing
00:50:16.640
while running, in particular, the George Floyd case, the case against Derek Chauvin.
00:50:21.760
She says at her deposition, which is sworn, she's under oath, that this guy, the DA, was
00:50:32.940
aware of a conversation she had with the medical examiner, whose name was Andrew Baker, and that
00:50:37.860
the day after George Floyd's death, she, Amy Swayze, had a conversation with the medical
00:50:46.340
And Andrew Baker said the following, quote, well, this is her describing it.
00:50:53.980
He called me later in the day after I'd asked him to perform the autopsy.
00:50:59.500
And he told me after doing the autopsy, there were no medical findings that showed any injury
00:51:09.400
There were no medical indications of asphyxia or strangulation, said Ms. Swayze.
00:51:14.940
He said to me, she went on, Amy, what happens when the actual evidence does not match up
00:51:21.040
with the public narrative that everyone's already decided on?
00:51:24.360
And then he said, this is the kind of case that ends careers.
00:51:29.760
Andrew Baker responded, the medical examiner saying, I cannot comment.
00:51:34.060
But his representative says that he stands by the autopsy report and his televised testimony,
00:51:40.840
Now, many are saying this proves that Derek Chauvin did not murder George Floyd in any
00:51:49.020
way, that this medical examiner knew it, that there were no signs of asphyxiation nor any
00:51:56.660
injury to the vital structures of his neck, no medical indications of asphyxia or strangulation.
00:52:05.800
What happens when the evidence doesn't match up to the public narrative?
00:52:09.160
So, Jonna, what, if anything, does this do to the case and specifically to this appeal
00:52:14.960
to the U.S. Supreme Court to get Derek Chauvin a new trial?
00:52:22.060
This is really bombshell evidence because on a number of levels, it proves it true, a malicious
00:52:29.920
It proves, disproves the fact that there was any sort of, that this was basically a homicide.
00:52:38.720
So it proves that Derek Chauvin and others and company should not have been charged at
00:52:47.640
And it proves that this was going to be a conviction at all costs kind of prosecution based on the
00:52:56.060
climate of what was going on across the country, based on the climate about how people all of
00:53:01.680
a sudden had to hate all police, especially white police.
00:53:04.860
It proves that Derek Chauvin, if true, was absolutely railroaded.
00:53:12.140
Now, the interesting thing is that really didn't come out.
00:53:17.300
The defense attorney did try to raise that in the course of his cross-examination, didn't
00:53:24.720
It will be part of the appeal to the Supreme Court, even though it wasn't part of the trial.
00:53:30.860
They can bring up this new evidence when they make their pitch to the Supreme Court, but
00:53:36.000
at the very least, I don't think it stopped there.
00:53:38.020
This is new evidence and they should probably try to reverse course and start all over again
00:53:44.460
to the extent that the Minnesota allows them to do that, because this is really huge.
00:53:50.300
So she raises a good point, Arthur, that they did try.
00:53:52.780
They knew, as I read the transcripts, some of this they knew from the medical examiner's
00:53:58.480
report, some of this, but they didn't know all of it.
00:54:01.880
I don't see anything where they knew he was saying the actual evidence does not match up
00:54:06.300
with the story that they're telling the public.
00:54:09.920
You know, as a defense attorney, if you found that coming from another DA talking to your
00:54:14.700
medical examiner as the defense attorney, you'd be like, I'm doing cartwheels.
00:54:20.260
But as far as I can tell, Derek Chauvin's lawyer did not have access to that because
00:54:26.480
it's only been unearthed here in this civil lawsuit.
00:54:32.280
I mean, what they write in or what they're basing part of their appeals to the Supreme
00:54:38.480
Court of the United States of America on is that the jurors were in a position when there
00:54:43.760
was not a change of venue, that if they found Chauvin not guilty, there would have been
00:54:50.640
So they really had no choice, which is a pretty powerful argument.
00:54:55.000
But just what an appellate court could say to get themselves out of it is, look, the jury
00:55:01.500
heard substantially significant evidence that the medical examiner said, I don't think
00:55:11.340
I, you know, that was, he died of asphyxiation, but there's no injury to the neck.
00:55:19.720
He didn't die of asphyxiation, did not die of asphyxiation.
00:55:26.540
And what I found very interesting though, Megan, from the packet your team gave me was that
00:55:31.120
he said he never watched the video before he committed the autopsy, did the autopsy, because
00:55:38.180
he didn't want it to be, to influence him and what his outcome was, which that like really
00:55:44.520
So he doesn't even know, or he hasn't seen it with his own eyes until I think after the
00:55:49.640
But look, the three of us know the Supreme Court of the United States of America takes
00:55:56.780
There are certain cases that they have to take, like when two jurisdictions, like two different
00:56:01.700
states in federal court are ruling differently.
00:56:04.500
The second department, the second circuit has a different ruling than the third circuit.
00:56:10.000
They have to find four justices to say, okay, we're going to take this case because it has
00:56:15.420
such a profound impact on the laws, the United States of America, but we're going to take
00:56:25.460
They're going to put their neck in the middle of this.
00:56:28.740
You know, I will say, I'll make an argument of why they should.
00:56:31.500
And I understand that they probably won't because they don't want to be particularly bold,
00:56:36.520
They like to not touch the hot buttons if they can get away with it.
00:56:43.540
Trial by media, you know, trial for social justice, not for actual justice.
00:56:49.900
And if they actually took this case and reversed it saying this guy did not get a fair trial,
00:56:54.900
the court of public opinion had hanged him before he ever stepped foot in that courtroom.
00:56:58.940
This was a D.A. and an A.G. on a quest for social justice, not actual justice.
00:57:05.640
It actually would send a very powerful message down to all all courts, criminal and civil on
00:57:17.240
But, John, let me jump back to some of the evidence that was admitted before the jury,
00:57:24.260
because this is not going to be helpful to Derek Chauvin's request for a new trial or
00:57:29.560
trying to use this woman's deposition as like, you know, the new holy grail.
00:57:33.700
As you pointed out, his lawyer, Eric Nelson, Chauvin's lawyer, did get some of these points
00:57:42.260
Now, that's the kind of stuff any appellate judge will look at because the appellate judges
00:57:50.300
So if they have any reason to say this is all brought up in front of the jury and you
00:57:55.940
So here's what happened when they had Andrew Baker on the stand, the medical examiner.
00:58:05.320
In terms of the placement of Mr. Chauvin's knee, would that explain
00:58:15.640
anatomically why Mr. Floyd, would that anatomically cut off Mr. Floyd's airway?
00:58:25.800
So that was a great admission that Nelson got, that the knee would not have cut off
00:58:39.380
Which goes along with the very basis, the very basis of the appeal is is that right?
00:58:46.540
The very basis of the appeal is because you didn't allow us to change a venue.
00:58:50.060
This was a conviction was a foregone conclusion because the jurors did not want their houses
00:58:59.900
And the fact that a jury can ignore solid evidence from an Emmy, this isn't even a hired
00:59:07.780
This isn't a quote unquote expert that any side can hire.
00:59:10.720
This is the guy that works for the state that that does this for a living, that works for
00:59:15.440
the state, giving information that is basically contrary to the state's case.
00:59:29.760
If we believe the information in the deposition that's ancillary to all of this, where the Emmy
00:59:34.900
was basically saying without saying it, don't make me do this because I still want my job.
00:59:40.980
Don't make me say what really happened here, because it's not a safe environment if I do.
00:59:46.880
Do you think 12 strangers aren't going to have the same fear?
00:59:51.940
If a professional, if a seasoned professional is afraid to tell it like it is, do you think
00:59:57.040
12 jurors are going to be bold enough to find Derek Chauvin not guilty?
01:00:03.680
As a reminder, he did end it, according to this woman's deposition, again, Amy Sweezy's
01:00:10.880
deposition, the medical examiner ended it with, the evidence doesn't match up with the public
01:00:21.940
And you could argue those jurors were worried about their safety, their lives, their jobs
01:00:27.520
That's why I think, to everyone's point, both of you that just made, their stronger
01:00:34.700
issue is the lack, the fact that they didn't change the venue, that there was so much-
01:00:41.920
But wait, before you make that point again, because I heard that point the first time,
01:00:45.880
before you make that point again, there are other issues that came out, and I want to
01:00:50.780
get your take on it, because you, Mark, and I had a big debate on the Chauvin case, Arthur,
01:00:58.840
And this was one of the issues, the drugs, and whether George Floyd died from a fentanyl
01:01:07.420
Now, if you look back, because I went and looked back, what did the medical examiner say
01:01:11.180
about how George Floyd died at the time, like in his report?
01:01:15.320
Well, he came out with some very squirrely language.
01:01:19.680
He said, I'm really going to homicide, but, quote, not a legal determination of culpability
01:01:25.200
So he's basically trying to say he was killed as a result of actions of another, but I'm
01:01:30.600
not saying whether someone intended to kill him.
01:01:32.800
Then he said, Floyd died of cardiopulmonary arrest.
01:01:39.920
So far, we understand cardiopulmonary arrest, like something happened with a heart in the
01:01:44.100
lungs that caused him to stop breathing, complicating law enforcement, subdual restraint and neck
01:01:53.400
compression, complicating his cardiopulmonary arrest, complicating law enforcement, restraint
01:02:01.260
So in other words, the fact that his heart and his lungs gave out complicated the cop's
01:02:13.140
If you reversed it, we would understand the restraint, complicating his heart, his lungs,
01:02:24.500
And it still didn't make any sense to me, but he did expand on what he tried to mean in
01:02:35.400
attorney in the Federal Bureau of Investigation was my opinion as to what happened to Mr.
01:02:39.120
Floyd, and that is he experienced a cardiopulmonary arrest in the context of law enforcement, subdual
01:02:46.300
It was the stress of that interaction that tipped him over the edge, given his underlying
01:02:53.180
Not what his report said, Arthur, as you as a defense attorney would be quick to point.
01:02:59.280
That's not what he the way he phrased it when he was a squirrel.
01:03:03.480
But so it's instead of saying complicating, it should have said complicated by the cops
01:03:12.120
Like, Megan, I just have to get this out of my system.
01:03:14.940
The more we talk about this, like the United States Supreme Court is not going to take
01:03:19.940
this case based on anything we're talking about.
01:03:24.500
I mean, they have ruled in cases that actual innocence does not require a reversal.
01:03:29.600
If everything was done the right way, procedurally, everything was done the right way.
01:03:34.020
And they're going to say, you know, what you and John are talking about, like, how can
01:03:39.700
Like, the Supreme Court is not going to come down with a ruling saying, if there's too
01:03:43.740
much public pressure on juries, you know, we have to do X, Y, and Z.
01:03:47.660
They're just going to look at the Constitution.
01:03:49.500
They're going to look at precedent and say, was there anything here that violated it?
01:03:53.820
It's got to be of the magnitude that affects the country.
01:03:59.840
What they're going to say is, look, the jury heard all of this stuff.
01:04:04.240
They heard the defense attorney's opening where he brought it up and his summation where
01:04:12.700
Like, hypothetically, you know, they really found something new in the toxicology report
01:04:19.740
And now it's brand new and nobody knew about it.
01:04:22.400
So, you know, I think Mr. Chauvin is, I mean, the place where he kind of shot was in the
01:04:30.160
Once you know that, and then their higher court said no, and now you're in the Supreme Court
01:04:37.080
But these are points, these soundbites that I'm playing, these are soundbites that will
01:04:42.260
be quoted by the prosecution in arguing Mr. Chauvin's had his day in court.
01:04:48.640
Mr. Chauvin's lawyer raised these issues when cross-examining the medical examiner, maybe
01:04:54.300
not as effectively as Arthur Idollah or John Spilboer would have, but he did raise them.
01:04:59.780
And so even if you're 10 points down from your main argument of there should have been a change
01:05:04.480
of venue, even those points aren't persuasive nine justices.
01:05:10.980
It's just, it's very unfortunate that this medical examiner, John, I did not have the balls to
01:05:29.080
But seriously, like he had to say, he said it to the, to the DA who later resigned, but
01:05:39.720
And honestly, she, she should have come forward with it sooner too.
01:05:42.960
She didn't bring it forward until she sat for her deposition.
01:05:47.620
I mean, really, this is akin to a Brady violation because what we're hearing in this deposition
01:05:53.340
I guarantee you there were conversations that no one is privy to other than the participants
01:05:58.580
where this ME said, what, what in the hell are you doing?
01:06:04.680
Say what you got to say, phrase it the way you got to phrase it, because this guy's going
01:06:08.420
to get prosecuted and all his buddies are going to get prosecuted.
01:06:13.000
And, you know, I liken this to sometimes when you have civil cases, right.
01:06:17.100
And you're trying to get to the, the conversations that occurred behind closed doors, you always
01:06:25.360
Everybody who doesn't want this information to ever be public.
01:06:32.420
And when they're done discussing it, those post-its go in the garbage.
01:06:35.340
And what this ME did was really untoward, if not just fully illegal by not, he's again,
01:06:47.740
He should have just said what it actually was and let the DAs deal with it.
01:06:53.560
But they essentially have hidden valuable exculpatory evidence.
01:06:59.460
And I don't care what court needs to hear it next.
01:07:02.920
This man is serving 20, 21 years in prison for his job.
01:07:11.780
Um, you know, Tucker came out, he did a show on this.
01:07:15.520
And, um, he said that according to a recent court deposition, the one we're talking about,
01:07:21.120
it proved that Chauvin did not murder George Floyd and Newsweek gave him a false rating
01:07:28.340
I mean, I have to tell you, I'm on team Tucker.
01:07:32.200
It did prove that Derek Chauvin did not murder George Floyd.
01:07:37.160
And what it proved to me was maybe not as beyond a reasonable doubt, but it certainly
01:07:41.180
gave us new evidence that this was not a murder and that the ME knew it and that the ME used
01:07:47.620
squirrely phraseology to please his boss, because that's what you do when the actual evidence
01:07:53.340
doesn't match the story being told to the public.
01:07:55.980
You squirrel your way out of it with mealy mouth language that nobody understands.
01:08:01.140
And then you get browbeaten by a number of bosses.
01:08:03.840
And then by the time you take the stand in the actual criminal case, you say, oh, as
01:08:07.920
I have since made clear, what I meant by my weird language was he wouldn't have died had
01:08:12.920
it not been for that knee, even though he didn't, he wasn't asphyxiated.
01:08:19.200
So in any event, I respect, I respectfully disagree, Megan.
01:08:23.820
I know that I'm at my own peril, but I don't think it proves that Chauvin didn't do it.
01:08:30.840
I think what would have proved it is if someone said, any medical expert said that, had he
01:08:36.220
walked out of that store that day and no one called the police, he was, his, they said
01:08:45.560
They took him to the hospital and they fixed him.
01:08:46.940
If it was 99% blocked, like, had he walked out of the store, he was going to just collapse
01:08:53.760
If he had a contact with the police, if he didn't have any contact with the police, that
01:08:59.420
So I think, but for the interaction with the cop that day, he would have at least lived
01:09:06.060
to see dinner that night, if not breakfast the next morning.
01:09:10.420
So you can't say that, oh, he was in really bad shape.
01:09:13.620
He had an enlarged heart because he had years of high blood pressure.
01:09:18.760
He was, had some drugs in his system and therefore he was going to die anyway.
01:09:26.820
But then, but then Arthur, wait, hold on, counselor.
01:09:29.920
But then at that point, you have to start asking, okay, at what point did it, did it
01:09:35.720
Because George Floyd was the one who invited interaction with cops that day.
01:09:39.980
George Floyd resisted arrest long before George Floyd wound up on his stomach on the
01:09:47.980
His nose was bleeding in the car before he went down.
01:09:50.920
So like what the Emmy is basically saying is the stress of the event pushed him over
01:09:58.540
Here he is for when he was asked about the amount of fentanyl in George Floyd during the
01:10:06.640
Listen, do you recall describing the level of fentanyl as a fatal level of fentanyl?
01:10:23.000
Had you found Mr. Floyd under different circumstances, you would have determined this
01:10:31.260
So I don't recall specifically what I told the county attorney, but it almost certainly
01:10:36.940
Had Mr. Floyd been home alone in his locked residence with no evidence of trauma and the
01:10:41.900
only autopsy finding was that fentanyl level, then yes, I would certify his death is due to
01:10:49.540
So, John, I mean, what's really happening there is once again, he's saying what he actually
01:10:55.580
I'm sure he did get stressed out by his interactions with cops.
01:10:58.240
But where is the evidence, the actual evidence that the nine minutes underneath the knee
01:11:02.360
caused the death that the most he could come up with after the fact was it was the stress
01:11:07.800
of the interaction that tipped him over the edge.
01:11:10.120
I played you that soundbite, tipped him over the edge, giving his underlying heart disease
01:11:14.540
and toxicological status, given given those two things.
01:11:17.560
So, look, it's I mean, look, I I'm being exacting because you before you put a man in jail
01:11:23.460
for 22 and a half years, especially a police officer, you better be damn sure it actually
01:11:28.660
And what we're seeing here is an Emmy who was not sure.
01:11:31.780
And further confirmation from the deposition of this prosecutor, who's now very angry that
01:11:36.780
no one believed it, that the Emmy didn't believe it, she didn't believe it, and that we had
01:11:46.780
This conversation shouldn't even be happening happening in the context of is this a crime,
01:11:52.900
This is a great conversation for the civil lawsuit when you're trying to prove, you know,
01:11:58.160
the eggshell plaintiff that we all heard about in law school, you know, but for the knee
01:12:02.840
on the neck, Mr. Chauvin would still be alive because you have to take him as you find him
01:12:07.360
and how you found him that day was high on fentanyl with a 90 percent clogged artery with
01:12:14.500
high blood pressure and with whatever host of other ailments that he had.
01:12:21.100
This should not have even risen to the level of a crime, let alone the highest crime, that
01:12:28.620
So it's offensive all the way around for me that this is now coming out ancillary.
01:12:33.280
This isn't even coming out for the purpose of this former D.A. trying to help Chauvin.
01:12:47.300
But, John, we've all tried enough cases to know that our system is far from perfect.
01:12:53.560
There are cases that I've tried that has to do with if a person was underage or not.
01:12:58.160
He testified, I don't really know when it took place.
01:13:02.760
That's total reasonable doubt they found the guy guilty.
01:13:05.500
And the appeals court said, well, the jury heard it.
01:13:07.800
They heard that he didn't know if he was 16 or 17.
01:13:11.220
Here, the jury heard what the medical examiner said, and they still found him guilty,
01:13:15.360
even though Megan's abandoned me for repeating myself, I think the stronger issue is it should
01:13:19.840
not have been a jury that if they found him not guilty, they went outside their house.
01:13:24.480
It would be burned to the ground because they were in such a volatile area.
01:13:28.320
Well, and I agree with that point that this case never should have been tried there.
01:13:34.360
And you had the AG, Keith Ellison, a man on a mission to put this guy behind bars.
01:13:43.360
I just want to mention it one other time because in the context, it's just so telling to me.
01:13:46.360
Um, one of the reasons we left New York City schools is because of their crazy obsession
01:13:50.700
with race essentialism and the trans obsession.
01:13:54.440
And, uh, our daughter Yardley was in school in this fancy Tony, New York City, private school,
01:14:02.620
And the teacher got up, they gave the girls a Newzilla article to read about this case about
01:14:12.600
I'm trying to remember exactly where we were in the case.
01:14:14.220
But in any event, gave him the article and said, we're going to talk about it.
01:14:17.680
Then the teacher stood up and said, this country has a massive problem with cops killing unarmed
01:14:24.560
And one of the little girls had the temerity to say, wasn't George Floyd resisting arrest?
01:14:32.560
And the teacher's response was, they always blame the victim.
01:14:36.420
And then Yardley raised her hand and said, wasn't George Floyd on a lot of drugs?
01:14:44.800
And the teacher responded with, this conversation is making me uncomfortable and I'm shutting
01:14:55.140
Yes, Jonna, those girls were zeroing in on exactly the right two things.
01:14:59.740
And they weren't allowed to explore it in front of their classmates because the damn teacher
01:15:07.080
It's supposed to be the other way around, right?
01:15:08.740
Like maybe the teacher would make the kids feel uncomfortable, but the fourth graders aren't
01:15:12.640
The teacher is supposed to be able to act and react to that and have maybe a conversation
01:15:17.880
Although I don't know, fourth grade, I'd rather them be learning like long division or whatever
01:15:21.860
they do in fourth grade than about a murder trial.
01:15:28.240
Of course, they raised it because they want to do indoctrinate our daughters into their
01:15:32.220
left wing thinking, which is why we left that school.
01:15:34.440
And I'll tell you a happy story on the opposite end.
01:15:36.400
Now we moved to Connecticut and our kids are in new schools.
01:15:39.600
And of course, we checked them out before we selected them.
01:15:42.100
And I heard a story about this is not my daughter, but my son and his history teacher.
01:15:47.420
I heard this story that a few years back during the height of the Me Too movement, they were
01:15:51.200
reading some text or I don't know what it was, but it was something from, you know,
01:15:54.460
yesteryear, it wasn't a current text, but the text veered toward demonizing boys.
01:16:02.180
And one of the boys got up and ripped the pages in two and threw them on the ground and
01:16:11.820
And let me tell you, at that New York City school, you would have been in a shit ton of
01:16:15.920
They would have called your parents about ripping up school books.
01:16:18.960
You would have been explained about toxic masculinity and why you may not know it, but you are
01:16:27.980
And at this school, the teacher said, so interesting.
01:16:34.540
And then said, who who else feels the way this kid does?
01:16:40.300
And the kid won some people over to his side and some people won, went over to the other
01:16:45.020
And the teacher just allowed critical thinking and discussion and exploration of ideas.
01:16:51.200
Um, quick break coming back with this lawsuit that's now been filed about the COVID vaccine
01:16:59.100
allegedly killing a teenager and how parents are now finding a way to challenge the legal
01:17:06.180
system, which says they cannot sue, but they are stand by.
01:17:09.140
Back with me now, Jonna Spilboer of Jonna Spilboer Law and Arthur Idalla of the Arthur Idalla Power
01:17:22.700
So a pair of lawsuits now in connection with the COVID vaccine, in particular this time,
01:17:38.760
Um, and one is right here in the United States.
01:17:45.040
An Ontario man files a $35 million lawsuit against Pfizer over his son's vaccine death.
01:17:53.440
The dad's name is Dan Hartman has initiated a wrongful death lawsuit, wrongful death against
01:17:59.900
Pfizer because his son, Sean died from the COVID vaccine.
01:18:04.080
There is an American pathologist named Dr. Ryan Cole, who has determined as of this past
01:18:08.980
summer, indeed, that is what caused the son's death.
01:18:12.280
Uh, they went to the vaccine injury support program in March.
01:18:17.900
This father was, his son died 33 days after receiving the Pfizer, uh, second vaccination.
01:18:25.960
Uh, his poor son, Sean was found deceased in his bedroom by his mother.
01:18:32.340
Uh, they said that he had problems after the first shot and then came the second shot and
01:18:42.020
Now in the United States, there is a similar case, but a different defendant, he's suing
01:18:49.620
Pfizer, this Ontario dad, but here in the U S there's a lawsuit against the department
01:18:56.120
of defense for its relationship to this vaccine and pushing it through the family of 24 year
01:19:03.980
old George Watts of Lockwood, New York has filed a lawsuit accusing the department of defense
01:19:08.640
of willful misconduct in the death of their son by deceiving millions of Americans into
01:19:14.340
taking the COVID vaccines, which they say were unsafe.
01:19:17.880
After taking two doses of the Pfizer vaccine, um, he, he died.
01:19:24.020
And, um, yeah, after the first dose, he experienced complications, which he chose to keep to himself.
01:19:29.680
After the second dose in mid-September, he experienced flu like symptoms and so on.
01:19:34.520
And shortly thereafter died, um, he began coughing up blood.
01:19:40.160
He had pain in his feet and his hands and his teeth, extremely sensitive to sunlight.
01:19:53.220
Because as you know, they're supposed to have immunity.
01:19:58.860
The federal government's supposed to have immunity from lawsuits like this.
01:20:02.240
So how do these parents get to bring these claims?
01:20:11.400
So a couple of things first that people need to understand is that what our government did
01:20:16.040
when they rolled out these vaccines, they had to bake into the cake immunity against
01:20:21.400
the vaccine manufacturers or else nobody was going to manufacture these vaccines.
01:20:25.100
Everybody knew from the get go that they were going to get sued.
01:20:29.520
And so you have to bake that into the cake and just like they did with the nursing home
01:20:33.380
cases, they granted nursing homes during COVID immunity from civil lawsuits for a period
01:20:40.000
And typically when that happens, the government plans to roll out some sort of fund to help
01:20:46.020
compensate the people who are damaged by whatever conduct the government has created.
01:20:50.340
Now, it sounds like they're trying to do that in the COVID cases, but some families are saying
01:20:58.820
And in order to get around the governmental immunity, which governments have against their
01:21:03.240
negligent acts by and large, and the federal government has that too with the Federal Tort
01:21:08.760
Claims Act, you can't get around immunity or a plaintiff can get around that provision if
01:21:15.900
they can prove that the government's conduct was reckless, that it violated your civil rights
01:21:21.660
and that it wasn't a matter of mere negligence.
01:21:25.040
And so these cases are saying, look, it was reckless.
01:21:29.180
It violated our civil rights because we have a right to life, liberty and happiness.
01:21:33.620
And well, if you're dead, your civil rights have been violated and you did so recklessly
01:21:37.840
for whatever your agenda was to roll out these vaccines without the proper protocol or what
01:21:45.340
I know it sounds like it's going to be a long shot, but it is a good avenue to get around
01:21:49.860
the government claims of immunity and it just might work.
01:22:00.180
Arthur, let me just clarify because I made a mistake in describing the cases.
01:22:02.720
The first boy, the one in Ontario, he died after the first shot.
01:22:08.000
It was the second young man out of New York, Lockwood, New York, who had some symptoms after
01:22:13.760
shot number one, but that he kept to himself, it says the lawsuit, including blood in his
01:22:19.280
urine, and then went on to get the second shot anyway and died thereafter.
01:22:24.700
So just to clarify, one died after the first shot, one died after the second.
01:22:28.280
So if I could be pragmatic for a second, if I was the dad of either of these tragic deaths,
01:22:36.560
I would just go to Pfizer privately and say, hey, how do you feel about setting up a foundation
01:22:40.600
in the name of my son, knowing that three people, there's some fund of people, the vaccination
01:22:47.400
fund, and all three of them together, they've gotten a total of $5,000.
01:22:52.980
One got $1,000, one got $2,000, one got $1,000.
01:22:55.880
So I don't think there's really a lot of good law on this for these plaintiffs, especially
01:23:02.820
since, yes, I understand these two boys died tragically.
01:23:06.320
And how many millions and millions and millions of Americans had no reaction, if any.
01:23:12.300
So I don't see them, and God forbid, this happens again, and some sort of a pandemic.
01:23:19.540
Do we really want to set precedence to the manufacturers of the drugs, saying, yeah, we
01:23:26.320
know at the time when we really needed you, we said you were going to have immunity.
01:23:30.320
Three years later, we changed our mind, and you don't.
01:23:33.020
And now anyone who had any kind of reaction to the COVID vaccine is going to be able to sue
01:23:40.580
You have to actually, you have to protect the manufacturers.
01:23:45.340
Here's how clever the government is, though, Arthur.
01:23:48.040
They grant immunity to the drug companies for a period of time so that the statute of
01:23:54.260
limitations will have run for any wrongful death claims by the time they lift that immunity.
01:23:59.760
So the government looks like they're, oh, we're lifting the immunity, great.
01:24:02.800
But the people who actually need to sue the companies for wrongful death will have surpassed
01:24:09.620
So it's a win-win for the government and for the drug companies and not for the people,
01:24:15.720
which is why they have to sue the federal government under a civil rights violation.
01:24:21.760
And that's how I think they can get in under the wire and get some sort of actual relief that
01:24:30.020
There, but can't you get, look, it's, but the standard right now, even if we don't change
01:24:35.360
anything, the standard right now is if you can prove willful misconduct, you can get after
01:24:41.020
So what they're alleging, like in the first case out of Ontario, they're alleging that
01:24:45.680
the Pfizer owed a duty of care to Sean Hartman, the young boy, to accurately inform him of all
01:24:51.160
the risks associated with this vaccine and that, hold on, let me get to it.
01:24:58.780
They provided an incorrect characterization of the efficacy data, discontinued results of
01:25:06.720
adverse events on vaccinated people in the study and on from there.
01:25:15.720
The guy's name was Brian Dressen, and he was talking about this exact experience when
01:25:23.900
So right after she got the shot, we were driving home and she said something doesn't feel right.
01:25:30.640
She had tingling down her arm where she got the shot.
01:25:33.700
She started to notice that her vision was changing.
01:25:41.900
You were on your own in dealing with the fallout from it.
01:25:44.720
And then it seems like, you know, the other shoe to drop was when you saw her negative
01:25:52.140
outcome was not included in the results of the clinical trial.
01:25:58.640
The test clinic sort of didn't seem super interested.
01:26:02.060
The feedback we were getting from AstraZeneca was essentially, we need a diagnosis.
01:26:09.020
Anything that would essentially absolve them of any responsibility.
01:26:12.880
If they can get there and they're going to be able to get their hands on people like that
01:26:20.800
This was a willful attempt to mislead by companies like Pfizer and Moderna.
01:26:27.160
Because it was worth billions, billions to them.
01:26:31.080
And there's your exception to the governmental immunity.
01:26:41.760
And the government's going to have to step up and do the right thing.
01:26:50.140
You were forced to get vaccinated depending on where you work.
01:26:53.300
You couldn't go to a restaurant in New York City without showing your vaccine.
01:26:59.340
You couldn't do anything without showing your vaccine card.
01:27:04.120
And to do that without the proper testing or lying to us about the results, which I'm
01:27:08.440
positive the government did, is just flat out wrong.
01:27:13.120
And I feel very sorry for these families who lost children.
01:27:17.240
We have plenty of families who lost elderly people.
01:27:20.980
But the people who especially lost otherwise healthy children, it's not acceptable.
01:27:28.460
In other words, in the lawsuit, in the lawsuit, they say, well, one kid wanted to play hockey.
01:27:35.840
And another kid had the option of going to school online, but he didn't want to.
01:27:51.600
We're talking about a Supreme Court of the United States looking at the law, being a
01:27:55.960
strict constructionist like Amy Comey Barrett is, the way she was taught by Justice Scalia.
01:28:03.880
There were some circumstances, like in the city, you're going to lose your job.
01:28:07.020
But these particular cases, to go play hockey, or all our kids did online learning, they were
01:28:20.300
Well, I think we probably will redefine force then.
01:28:25.040
Because otherwise, if we had listened to the government and didn't want to get vaccinated,
01:28:28.280
then you were going to be shut in in your house with scare tactics daily.
01:28:34.900
There are plenty of people who are, I don't think.
01:28:36.680
Not only were you going to die, but you were going to kill other people if you didn't get
01:28:48.260
She's like, are we really going to be at the point where unless you had a gun to your head
01:28:51.240
and you were told, get this vaccine or you get the bullet, it doesn't count as forced.
01:29:04.360
They couldn't go to school if they refused to get the vaccine.
01:29:07.360
At our own school, it's been great on the woke stuff, but not so great on the COVID stuff.
01:29:10.980
These kids were going to be expelled unless they got that shot at age 16.
01:29:17.200
Thankfully, our kids were younger, so they didn't have to face that yet.
01:29:23.740
And it's not just going to be these two plaintiffs who suffered negative consequences.
01:29:28.620
Expelled is a lot different than I can't play hockey, right?
01:29:32.300
I mean, getting expelled from school is a lot different than what kids are.
01:29:36.520
Okay, the bottom line is there's got to be precedent on this, right?
01:29:39.700
Kids all have to get vaccinated to go to school, at least here in New York.
01:29:44.060
You know, my daughter, who's two, she's getting a shot every six months of something.
01:29:48.180
So there's got to be some legal precedent on how these cases have played out through the years that we can rely on.
01:29:54.940
I just don't see that the government here is going to say,
01:29:58.420
let's let manufacturers of a drug that saved people's lives,
01:30:03.960
let's have them now be liable when we told them you weren't going to be liable because the next time this comes up.
01:30:10.540
We told them they wouldn't be liable for negligence.
01:30:13.920
We didn't tell them that they would not be liable for willful misconduct.
01:30:17.560
And by the way, if they had tried to say that, it would not be upheld by a court.
01:30:20.740
You can't immunize Pfizer or Moderna for willful malfeasance behind the scenes,
01:30:27.000
for knowingly endangering people, which is what is being alleged.
01:30:30.700
If they can go to court, Arthur, and show plaintiff after plaintiff who knows somebody who we have witnessed after what is who was dumped from the trial
01:30:38.580
because their participation would make the results look bad, they're in a shit ton of trouble.
01:30:47.660
So you're saying the government, of course, that's true.
01:30:50.420
But wait, so Pfizer has no consequences as a result.
01:31:03.500
Pfizer made independent representations about the safety and efficacy of its drugs.
01:31:08.760
This other kid or this other young man, George Watts, 24, he took he took Pfizer,
01:31:13.160
but he died, according to the autopsy record from the Bradford County coroner's office.
01:31:17.660
Of myocarditis, vaccine related myocarditis, which is inflammation of the heart.
01:31:24.860
It wasn't acknowledged in the early days by any of these vaccine companies.
01:31:29.080
And then when smart doctors started to talk about it, it was all deny, downplay.
01:31:35.420
There's that sinus medication we've all been buying.
01:31:37.800
It's supposed to clear you up that they said it works.
01:31:47.120
They all pulled it off the shelves because it doesn't work.
01:31:51.680
That's why we're paying all these taxes to the FDA.
01:32:10.980
I shouldn't say names that I don't know that whether there's a problem.
01:32:17.360
One of them works and one of them does not work.
01:32:19.920
They did this long term test with the placebo and the placebo worked just as well as the drug.
01:32:29.680
I believe it's the one that does not work is fenylephrine.
01:32:42.780
Yeah, that's different if it didn't have a negative effect.
01:32:44.360
My apologies to fluconazine or whatever that other one is called.
01:32:46.920
The nasal sprays bring back like childhood trauma.
01:32:49.720
She was always trying to shove one of those up my nose.
01:32:56.780
So the court in the Brian Kohlberger case out in Idaho has said cameras will be allowed.
01:33:03.900
Great, because I do believe that we have a right to see what happens there.
01:33:07.500
And also has rejected his lawyer's attempt to have the entire indictment dismissed.
01:33:14.960
They claimed that the grand jury should have been using a standard before deciding whether
01:33:20.540
to indict him of beyond a reasonable doubt instead of a preponderance of the evidence,
01:33:27.000
which is a very weird argument and to me just underscores the desperation of the defense
01:33:34.580
I mean, like what kind of that's just a specious argument.
01:33:38.320
It underscores the duty of the defense attorneys, Megan, because, look, they're creating a record
01:33:43.640
for when this guy gets convicted for the appeal that will follow.
01:33:48.460
It's it's, you know, standard operating procedure that you're going to challenge the grand jury
01:33:52.460
You're going to make any plausible argument that you can make, and there's a 99.99% chance
01:33:57.200
that the judge is going to, you know, shut it down.
01:34:00.240
So we didn't expect that to work, but they do have to create their record along the way,
01:34:07.540
OK, and Megan, sometimes the Hail Mary, I apologize, but sometimes the Hail Mary works.
01:34:13.680
My firm filed five of these types of motions, rejected by five judges after the conviction,
01:34:19.160
the court of appeal, the lower court of the appellate court said, no, actually, they were
01:34:24.420
And they threw the whole case out because they said the grand jury proceeding was ineffective.
01:34:29.080
But I would definitely classify this as a Hail Mary.
01:34:34.000
It's so weird because they call the trial court the Supreme Court and they call the intermediate
01:34:39.980
Then they call the top, top court the court of appeals, which is not the top, top court at
01:34:45.180
Well, that's the immediate appellate court and like how and and of course, at the federal
01:34:50.100
How are people like lay people supposed to follow that nonsense?
01:34:53.560
What do you make of cameras being allowed in the courtroom?
01:34:55.480
Because it will likely be another grounds for appeal if and when Brian Kohlberger gets
01:35:03.840
They think that he's already been misrepresented.
01:35:06.220
They think they complained that screen grabs have been like misused by tabloid media.
01:35:10.620
Jonna, the judge says he's going to try to control it more.
01:35:14.960
But have we seen cameras in the courtroom ever used as an effective grounds for appeal
01:35:24.940
We do have a right to know this may end up helping him.
01:35:27.760
How many times have we gone into a big trial with preconceived notions that the defendant
01:35:33.280
And then all of a sudden cameras in the courtroom.
01:35:40.700
Megan, if you or someone you love was having open heart surgery, would you want the surgeon
01:35:46.060
to be on the learning channel doing the open heart surgery and adding yet another distraction
01:35:53.280
Or do you want him to be laser or her to be laser focused on the open heart surgery?
01:35:57.720
But there's enough things you got to deal with in a courtroom when you're trying a case
01:36:03.720
I'll just go on Kelly's court, get all the camera out of my system, and I'll be happy.
01:36:15.600
But you, gorgeous, dynamic, intelligent, charming, it's too much for me.
01:36:21.940
We only have 16 minutes to break, but continue.
01:36:30.920
That's how long ago we started this, when I was married to a different person.