Alec Baldwin has been charged with involuntary manslaughter in the death of Helena Hutchins, and the defense team is fighting back. Plus, a new twist in the Idaho murder case, and a bombshell from the U.S. Supreme Court.
00:08:18.940But I think there are bigger gaps in how the drafts and the information is transmitted in the first place,
00:08:29.180such that even a perfect investigation based because so much of the security in the past has been based on norms and trust rather than these kinds of detectable systems.
00:08:41.060It could be that it would be impossible to detect.
00:08:45.160There are definite holes in this investigation, even though Mike Chertoff, former judge, former cabinet secretary, said that it was as thorough as could be.
00:09:07.240Just because he ran Homeland Security doesn't mean that's the case.
00:09:09.620He was also a U.S. attorney. I mean, look, nobody trusts this. The left still thinks it was someone from the right.
00:09:15.220The right still thinks it's someone from the left. Ultimately, the court is no better off for having.
00:09:19.580In fact, it's probably worse off for having this nothing burger of a report about the investigation.
00:09:24.540I don't think it's I don't know who whose incentive it is or to to not find the answer to this question.
00:09:31.400So I would think that John Roberts would want a thorough investigation.
00:09:35.240OK, but I don't agree with that. So, first of all, the leaguer could have been a justice.
00:09:38.840Absolutely could have been a justice. We don't think so.
00:09:40.940You and I have you know, we both had ties with the court that makes you think these justices would never cross that line.
00:09:47.240And it's extraordinary. But given how high stakes Dobbs was and the reversal of Roe versus Wade, all bets are off.
00:09:53.700And the fact that they didn't bother, as it appears, at least to interview the justices, one thinks they would have highlighted that had they done it.
00:10:01.220They would have been proud to say they had done it. It it adds a shadow over the justices.
00:10:05.960Again, it makes them even more suspicious. Why wouldn't you talk to them?
00:10:09.480Who would have been in charge of that? That's the irony here.
00:10:11.980That's the irony here. You're trying to protect the court's reputation.
00:10:15.920And the negative inference from this report is that it's more likely to be a justice than we would have thought before the report came out.
00:10:25.380So it really this again, this report is not satisfying in the least.
00:10:30.560You call it a joke. I mean, it might be a there are holes, there are gaps.
00:10:34.620It's unsatisfying. And as I said, it only deepens divisions, does nothing to resolve, only heightens tension.
00:10:42.420So, you know, I doubt this is the result that John Roberts wants.
00:10:46.380So either he himself did not direct a proper investigation or the the marshal didn't take his instruction seriously or disagree with that.
00:10:54.180What have you. But I don't I don't know whose whose incentive it is not to have a full and thorough investigation that at least even if it doesn't detect who it is because of defects in the court's internal information security,
00:11:06.440at least chases down as far as possible, including certainly interviews with the justices.
00:11:12.120I think it's Chief Justice John Roberts incentive. I think he's Gail's boss.
00:11:16.860Gail is the court clerk. Just FYI, her name is Gail Curley.
00:11:21.180She was appointed June 21, 2021, about 53 years old.
00:11:24.760Previous job was head of the National Security Law Division in the Army's Office of Judge Advocate General.
00:11:29.060She's a lawyer. OK, she's a lawyer. She went to the University of Illinois College of Law.
00:11:32.960And by the way, so is Michael Chertoff. U.S. attorney doesn't mean you're a great investigator.
00:11:36.580Get me get an FBI agent on. Get somebody who actually investigates crime, not prosecutes it.
00:11:40.320There's a difference. So she's not an investigator and she works for him.
00:11:45.760That's her boss. That's her boss's boss's boss.
00:11:49.040Chief Justice John Roberts could not be higher than Gail Curley on the power totem pole.
00:11:53.560And so if he gave her some sort of implicit direction that this is who he wanted her to interview and not interview.
00:12:00.460And like it could be very harmful to the court if the investigation were to nail a poor law clerk who made a terrible mistake and then ruined that person's career.
00:12:09.540That's something to keep in mind. There are ways of telegraphing to old Gail what you want and what you don't want.
00:12:15.260And Chief Justice John Roberts is smarter than anybody and would know exactly how to do it.
00:12:20.900And by the way, Ilya, it could have been he could have been the leaker.
00:12:24.280He could he could be doing this so that he doesn't get caught.
00:12:26.580I mean, this ultimately the buck stops with him.
00:12:31.420He is the chief justice. He directs the investigation.
00:12:33.360He came out with a statement the day after the leak saying that there would be an investigation.
00:12:40.420Again, another consequence of this ill fated, unsatisfactory report is that it it throws more shade again back at the chief justice.
00:12:52.780But, you know, he's shown in the past that he's not the best, not the savviest political operator, regardless of his his legal acumen in terms of his kind of attacking left and right, trying to find compromises, trying to extricate the court politically.
00:13:07.940That only gets it more looking politically.
00:13:10.580So I don't know if he's going to get a second bite at the apple or as he sees the fallout from this where nobody's satisfied, how he's going to think about it.
00:13:19.600But you're right. Ultimately, the failure to find the leaker is is back at his feet.
00:13:26.140The he was one of the suspected leakers from the beginning.
00:13:29.780A lot of people looked at him because let's not forget this opinion was leaked, I think, May 2nd and didn't come out officially, I think, till early July.
00:13:36.880So two months before it was actually going to hit. And the opinion that they leaked was one from early February.
00:13:43.780And it was an opinion in which five conservatives, not Chief Justice Roberts, were joining together to overrule Roe versus Wade.
00:13:51.980And it was written by Justice Alito. That is how it ultimately turned out.
00:13:56.480Just Chief Justice Roberts was not in that five person majority.
00:13:59.280He wrote his own opinion. And there was speculation, only speculation, that he he had reason to leak it because he thought perhaps Kavanaugh or maybe Amy Coney Barrett might be a little squishy on joining that majority and might have misread the tea leaves to think, oh, there'll be such enormous pressure from the left, from the media, from the center on these justices not to do this, that they could be recruited over to join him.
00:14:24.060And then there would not be a majority to overturn Roe versus Wade, which is what John Roberts wanted.
00:14:29.020He did not want to overturn Roe. So you could really make a strong case that he had reason to have this out in the public before it was final.
00:14:37.440I don't know if he had more of an incentive along those lines than the justices on the left, Kagan, Sotomayor and Breyer.
00:14:44.920You know, they they they would have gone the other way entirely. His was the compromise position to try to uphold the Michigan 15 week restriction without overturning Roe, which ultimately garnered zero votes other than his own.
00:14:57.140So it could have been. Again, we're all speculating. But the reason why we're speculating is because this report gets us no further.
00:15:04.080I mean, I'm just shocked at the at the lack security in the first place. I'm shocked that there haven't been more leaks.
00:15:11.500You know, Bush v. Gore, Citizens United, all of these huge cases that we've had in recent times.
00:15:16.980None of them leaked. And this one did. So could you believe they don't have a printer log?
00:15:21.400I mean, every law firm I ever worked in, you have to type and not to mention even at NBC, you had to type in your own little number before you could print a doc, any document so that there was always a record of who hit print on this.
00:15:37.840The U.S. Supreme Court doesn't have that. They don't even have it for the people who are accessing the draft opinions. It's insanity.
00:15:44.540You know, that leads me to believe that it wasn't some sort of common court printer in in the staff area, that it was indeed one of the chambers, a court, a clerk printing it out from a chambers printer, which wouldn't necessarily be expected to have one of those logs, although I'm sure now they'll put them in place and then print it out.
00:16:00.940And the leak to Politico, it's I think it's more likely than not that it was actually a hard copy that was passed along than some sort of email forwarding or something.
00:16:09.200And obviously, once you have a printout out there, that's that's impossible to track. You can take it home in your briefcase.
00:16:14.540Here's the thing that's really that it's one of the most galling. So they bring in they bring in Chertoff. OK, again, former Homeland Security chief, former judge, and they ask him to assess the marshal's investigation.
00:16:29.140Fig leaf, fig leaf. Who goes to Mike Chertoff? I mean, honestly, I don't get it.
00:16:33.900He has advised this is according to the 23 page report that the that the court released covering its butt on this.
00:16:41.740He has advised that the marshal undertook a thorough investigation.
00:16:45.500And at this time, quote, I cannot identify any additional useful investigative measures not already undertaken or underway.
00:16:54.540Why? Why? Why is that where this lands, Ilya? Why isn't it?
00:16:59.900We will do everything within our power to take the next step.
00:17:03.880We will now bring in the FBI, which we can see from our windows inside the court, which would be happy to assist us.
00:17:11.720I realize they've been controversial law, law enforcement, this kind of thing.
00:17:16.220That's their bailiwick. That's their forte. It's when they're doing their domestic intelligence investigations on the rest of us that we get problems.
00:17:22.780But this this the FBI can do. We're going to have a former FBI agent on later the show.
00:17:27.420And I'm going to ask him this. But why stop at Chertoff?
00:17:32.540Gail did everything she could. That that stinks.
00:17:38.420They figure they needed some outsider to put an imprimatur to to put a stamp of approval on the investigation.
00:17:47.120Chertoff's about as good a person as you make if you're going for one person to do that.
00:17:50.800He's a interrepublicary administration, but sort of, you know, seen as as as level headed and sort of a moderate figure.
00:17:59.980I don't know. I mean, maybe they could have gotten a counsel of former U.S.
00:18:03.080attorneys appointed by different presidents. That's that's sort of beside the point.
00:18:08.160But or get an investigator, get an investigator, not a lawyer, not a judge who sat there in robes and not a guy who's basically a top administrator.
00:18:17.560Get somebody who knows how to cross examine witnesses.
00:18:22.140I mean, here's what's going to happen next. And there's the one glimmer of hope.
00:18:25.220The House is going to investigate this. Thank God. Thank God. Thank God.
00:18:28.780Republicans won the House. They're going to investigate this.
00:18:32.240And Jonathan Turley had an interesting piece now, a fellow lawyer and George Washington University law professor saying now it's going to get interesting because they have subpoena power.
00:18:41.220And they will call in these some eighty three people that they've interviewed in this investigation, maybe more law clerks and so on.
00:18:48.600That's temporary staff as well as permanent staff who were interviewed and they'll put them under oath and they could offer everybody immunity.
00:18:55.660He's making this point. And once you have immunity, you must testify.
00:18:59.660You can no longer assert your Fifth Amendment right not to testify because you've got immunity and ask everybody.
00:19:04.260Did you do it? Did you do it? Did you do it?
00:19:05.920Now, that that could take us someplace. I I would love to see it.
00:19:11.080It seems like I mean, that that would be a good step.
00:19:15.260And for that matter, they don't need to necessarily televise the stuff.
00:19:18.480They're really serious about getting to the bottom of it.
00:19:20.980You don't need public hearings. You can have just like the intelligence committees do on Capitol Hill, the only ones that are productive.
00:19:26.800So it doesn't become a TV circus. But you could do that investigation behind closed doors led by House Judiciary.
00:19:32.660Absolutely. And one other point, Megan. So they interviewed by the report, 97 people, 126 interviews.
00:19:40.600So that means some people they decided they needed to reinterview, which is interesting.
00:19:44.480And also that language that you quoted at the outset, that they couldn't find the leaker by a preponderance of the evidence, meaning no one that they could say it's more likely than not is the leaker.
00:19:54.940But it does mean that they do have some suspects. So maybe it's worth pursuing, you know, whoever those suspects are, see if they can get those percentage of that percentage of being convinced that they're the leaker up from.
00:20:08.200Oh, well, there's a 20 percent chance up to that 51 percent or or whatever.
00:20:12.600So it does seem like there is room for further investigation, contrary to what to what Chertoff certified.
00:20:20.100This is so upsetting. I it's the justices lives are on the line.
00:20:27.100They they are. You know, I mean, that that's what Alito came out and said that some of the other justices have said that that that this truly could have led to an assassination attempt.
00:20:37.060Could have seen multiple. I mean, we had the thing with Kavanaugh, right, where the guy got he was self-reported.
00:20:42.940He was going to assassinate him. Got called.
00:20:45.800Because if this is the new norm where you can get away with this, where there's really no consequences.
00:20:50.600And this Turley was making this point to the main the main deterrent you have is the consequences of such such a thing.
00:20:56.940If you're going to breach the ethics, you're not an ethical person.
00:20:59.120So what's the main deterrent we have to prevent it from happening in the future?
00:21:03.000We have to throw the book at whoever did this. We have to find them. We have to throw the book at them.
00:21:07.060And now we don't have that. And there's a shoulder shrug.
00:21:11.360Gil couldn't do it. And shirt off, gave it to his blessing.
00:21:14.700It's not. We're sicking the FBI on you and they will.
00:21:19.020They'll get all your phone calls. They will get all your emails.
00:21:21.500They will look at all the search history on your home phone and your home computer.
00:21:25.160Right. Like that's scary. And it also happens to lead to results.
00:21:30.880So we're in a new era and it's dangerous. I'll I'll I'll ask you about one other thing.
00:21:35.420Trump on Truth Social Social is demanding that they arrest the reporter, the publisher and the editor at Politico.
00:21:43.220I'm going to assume you agree with me that that's insane and is not the way to go about this.
00:21:50.800I mean, you would hope that that reporters have some compunction about, you know, before they they they print anything that they get their hands on whenever they get it.
00:21:59.740But, yeah, there are First Amendment and other protections for reporters not to disclose sources.
00:22:07.180And reporters have gone to jail, you know, waited out contempt charges.
00:22:12.040I don't think that's the way to go. It's it's from the it's from the supply side, not not the demand side.
00:22:17.100It's indeed the consequences for whether it be a clerk, a justice, a staff member.
00:22:22.660There have to be professional consequences. And by the way, in all this time with the demonstrations that I don't know if they're still ongoing,
00:22:29.120but for many, many months they were ongoing in front of justices houses, no, no prosecutions for that, even though that violated both Maryland and Virginia law.
00:22:39.480Yeah. Right. A couple of thoughts, just random from Twitter.
00:22:45.700This is somebody who tweeted that their handle is at end wokeness.
00:22:50.040They tracked down every grandma that took selfies at the Capitol, but they want us to believe they can't identify the Supreme Court leaker.
00:22:56.020Pretty good. This is from at Life News HQ.
00:23:00.060The Dobbs leak led to the attempted assassination of a Supreme Court justice, and they still can't find the leaker.
00:23:05.200It is absolutely stunning. The left and the right, highly critical of this.
00:23:09.080Even Lawrence Tribe, definitely of the left, Harvard Law professor, the nemesis of our pal, Alan Dershowitz,
00:23:16.400refers to the oddity of pretending the justices are not protecting the leader, the leaker, by not calling the FBI.
00:23:25.640There's outrage on on all sides of this. Ted Cruz calling it deeply troubling and going beyond that.
00:23:31.180Josh Hurley this morning with some very harsh tweets for the for this investigation.
00:23:35.780This is not over. This is not over. And I hope the House of the House.
00:23:41.740Ilya, thank you so much. Always appreciate hearing your voice.
00:23:45.840Thank you, Megan. Have a good weekend.
00:23:48.060You too. Wow. What are your thoughts on this? Will you email me or call in?
00:23:52.300We should take some calls. We have time today. We have a jam packed show, but I would love, love, love to hear from you.
00:23:56.640I'm pissed. OK. And I never use that word. I don't really use that P word much.
00:24:00.760My mom doesn't like that word. Also, she told me to stop swearing so much.
00:24:03.860OK, coming up, we're going to learn about the involuntary manslaughter charges Alec Baldwin is now facing and what the prosecutors are saying on the details behind that charge.
00:24:14.200After more than a year, Alec Baldwin is facing charges of involuntary manslaughter in the Rust movie set shooting.
00:24:26.660Do the prosecutors actually have a case?
00:24:39.400Look, I hedged my bets a little bit like a lawyer, you know, by saying if he were not charged, I would be shocked and flabbergasted at the politics coming into play.
00:24:47.640And just so your viewers know, I'm a Canadian Quebec commercial litigator.
00:24:52.100So no expertise in New Mexico criminal law.
00:24:54.840But I've been following this story from day one when it happened, when I was in Virginia, about to go on Tim Pool and the news broke and followed the saga ever since.
00:25:02.860Wow. Well, I have to say I you you did me one better because I was thinking, look, it's more of a civil case than a criminal case as far as Alec Baldwin is concerned, because even though a lot of us don't like Alec Baldwin for his politics and he's kind of nasty, he's beating up a lot of people all the time.
00:25:22.960I mean, clearly he did not intend to shoot anybody, but the prosecutors are saying, yes, it was an accident.
00:25:30.920They're not claiming otherwise. But it was a reckless accident.
00:25:33.660It was it. It rises to the level of recklessness under the criminal law to where he should serve some time for it.
00:25:40.560And as Dan Abrams was saying yesterday, not just any time, but what they've charged him with could get him up to five years mandatory.
00:25:47.940Yeah, that's it. A lot of lawyers and I think lawyers who have a good conscience don't like these mandatory minimum sentencing for for these types of reasons.
00:25:55.800It leaves no discretion to the judge. It can be the source of some sort of jury nullification where they say we think he's guilty, but we're not willing to to convict him so that he serves a mandatory minimum five year.
00:26:08.780And just to back it up a little bit, it's a situation where you look at it and say it's an accident.
00:26:13.620It's a tragic accident. But you don't get into circumstances where people get shot and killed on a movie set and think that, you know, it's not going to be somehow criminal in here.
00:26:23.460He didn't pull the trigger on purpose, although he denied pulling the trigger.
00:26:26.960But this doesn't happen if the trigger doesn't get pulled. He didn't put the live rounds in the gun, presumably.
00:26:31.980He didn't know they were there, presumably how they got there. Who knows?
00:26:35.180Maybe there's some shared criminal responsibility as well.
00:26:38.320But people don't get shot and die on movie sets without there being some at the very least highly likely criminal element in it, if only negligence.
00:26:47.460But what he's what he's facing, it's not just involuntary manslaughter, but there's a I just lost the word there, an aggravating factor.
00:26:57.680An enhancement. Yeah, sorry. Of when it involves a firearm, which can carry minimum five years.
00:27:03.660And that's serious, serious stuff, especially given Baldwin's age.
00:27:07.380Mm hmm. Well, I mean, the thought of Alec Baldwin going to mandatory prison for five years is kind of stunning.
00:27:13.560So the prosecutors went on a little press tour to explain why they did this.
00:27:18.140You've got the main prosecutor who's the D.A. in New Mexico.
00:27:22.380And then you've got the woman she brought in as sort of a special prosecutor because they were outmanned in pursuing these charges against Alec Baldwin, against Hannah Gutierrez, Reed, the armorer.
00:27:32.520And then they cut a deal with the first assistant director who he's he did a charge lower.
00:27:37.320It's something like criminal handling or negligent handling of a firearm.
00:27:41.460So they went on a press tour yesterday.
00:27:43.220And among others, they spoke with Judge Jeanine, my old pal from Fox News.
00:28:03.280Mr. Baldwin had a duty at the base level to never hold a gun and point it at a person while pulling the trigger.
00:28:10.260But he also had a duty as an actor and a producer on that set to have the bullets checked or to check them himself to make sure that they weren't live.
00:28:18.440We believe Baldwin, as a producer, knows everything that goes on on this set.
00:28:22.820And so, yeah, there was a lot of problems.
00:28:24.880There was a lot of there are a couple accidental discharges.
00:28:28.420There was a lot of safety concerns that were brought to the attention of management.
00:28:47.280What's your takeaway listening to that?
00:28:49.320Well, first of all, you know, the press tour, I don't see anything nefarious in it.
00:28:53.720This is a big, big charge against a big celebrity in a highly politicized environment.
00:28:58.160They have to go out and show that they have the grounds, the justification to do it.
00:29:03.780I don't know if you saw Joy Behar on The View this morning.
00:29:07.480I think it's the the the prosecutor that was called in who's a Republican and Joy Behar suggesting there might be politics to the prosecution because Alec Baldwin has been a target for Republicans.
00:29:18.640They need to do it. They need to flesh out detail.
00:29:22.400What are the the justifications for actually pressing criminal charges against Baldwin?
00:29:27.260I don't think it needs much of a justification.
00:29:29.560And I'm going back to my initial assessment of this situation.
00:29:33.280The prediction I made a while back as to what actually happened.
00:29:36.240You know, you hear the prosecutors or the district attorney, whatever their title is, talking about how there had been previous discharges on set to emphasize the negligence of safety on the set.
00:29:47.660But but the previous discharges were blanks.
00:29:50.500And so or or or dummy rounds, you know, it was not an accidental discharge of a live round.
00:29:57.220And, you know, my theory is Alec is known to have a temper, even from his early interviews with George Stephanopoulos and him describing what happened, his roadside interviews in Vermont or wherever they were.
00:30:08.760So, you know, he was describing a situation where it sounded like he was being told what to do by a director of photography who's not supposed to be giving direct instructions to a grade A actor like Alec.
00:30:18.280And because there had been prior discharges with no injury, no foul, you know, of blanks.
00:30:22.920Maybe he pulled the trigger on purpose, thinking it would just be a loud pop.
00:30:27.480It would it would scare the director of photography.
00:30:29.260She'd stop bossing him around and they would go on.
00:30:31.600And it's clear he had to have pulled the trigger, whether or not pulling the hammer back, like he explained, while compressing the trigger could have also allowed the hammer to go back and, you know, set the bullet off.
00:31:15.060That that even the armorer clearly couldn't do that or failed in her in her attempts to do that.
00:31:23.260The dummy rounds, their whole job is to look exactly like a real bullet.
00:31:28.280And I've talked to gun experts on this.
00:31:30.640If you shake the one, you can hear stuff shaking around inside.
00:31:34.700And if you shake the other one, you hear nothing.
00:31:36.940I can't remember which is which, but that's how they determine the dummy rounds with less gunpowder so that there's less of a discharge, from my understanding.
00:32:00.340But Alec Baldwin, he could have taken each bullet out and shaken it and totally.
00:32:05.160No, I I can make a case for negligence, negligence against Alec Baldwin.
00:32:09.140It doesn't include telling live rounds from dummies.
00:32:12.680Yeah, well, when they're describing that to me, it sort of sounds like they're confusing or confounding Alec's role as a producer to oversee safety versus Alec Baldwin.
00:32:30.580Well, when I listen to that, it sounds to me like they're just sort of amalgamating his role as a producer with his role as an individual.
00:32:35.960Like as a producer, he had he had the obligation to ensure safety on set.
00:32:40.060And so not necessarily that Alec Baldwin himself had to shake each round to make sure it was a dummy versus alive.
00:32:46.660I think they mean at large said that they said in one of their interviews, he needed to do it or he needed to see somebody do it in front of him.
00:32:55.080OK, I mean, so they said, look, that's not going to be the evidence that they're going to need to induce at the trial.
00:32:59.860The bottom line is, was it was it negligent for him to discharge a firearm, knowing it's a real firearm in the direction of a human?
00:33:07.300And if his defense is I thought they were dummy rounds, well, it's still not much of a defense.
00:33:11.040And then the question is going to be, how did the live rounds get there?
00:33:13.240What they what the prosecutors also discovered or they've stated now is that he actually had live rounds in his in his holster or in that that belt.
00:35:13.020I didn't have anything to do about the ins and outs.
00:35:15.660That's not really going to be where on a criminal individual level, the responsibility is going to lie or the argument is going to be made.
00:35:22.320The bottom line is I think we can actually just probably set aside what title of producer he was.
00:35:28.040Bottom line, at the end of the day, he's in this set.
00:35:30.320He claims to have had extensive experience with real guns, real bullets.
00:35:35.400Now you're going to like I'm going off of what the prosecution is saying their case is based on.
00:35:40.980Like I'm with you and I could have had this discussion two days ago before they spoke out.
00:35:45.460But now they're detailing why they charged him.
00:35:47.980And I'm what I'm saying to you is this stuff isn't very persuasive.
00:35:52.100Their arguments might not be persuasive, but this isn't the trial.
00:35:54.580The bottom line, he pulled the trigger and it caused the death.
00:35:58.200I mean, they're adding that's the case.
00:36:01.780Now, they might be adding extra fluff.
00:36:03.440And this is why, incidentally, less is more oftentimes in law because you add you add extraneous stuff, which might they're not going to need to prove what type of producer he was at the criminal trial.
00:36:20.840If it was accidentally put into there and a jury comes to the conclusion that he had no, you know, he's innocent because he could not have known.
00:36:28.920Well, then who put the bullet there and then they're going to, you know, be found guilty on the negligence, involuntary manslaughter, negligence, whatever.
00:36:36.200But that's what they're going to prove.
00:36:40.240The bottom line, he there were safety issues, accidental discharges.
00:36:45.420He says, I know never to point a gun at a person.
00:36:48.220He says, I know never to pull the trigger in his Stephanopoulos interview, because even if you do it once or twice, it damages the firing pin.
00:36:55.000I know all these things. And yet I pointed the gun at an individual.
00:37:01.800And I defied all of the own my own safety rules that I specifically said I knew in the context of a dangerous set where there had been accidental discharges, where we're walking off the set.
00:37:28.060He's got a he's got to cut a deal like the first AD did for this lower charge that with and that guy has a suspended sentence and like some probation.
00:38:26.540I'm going to play both of them for you guys of Brian of Alec Baldwin's interview with the sheriff's office in December after this happened, in which he doesn't say I pulled the trigger, but he says I shot the gun, which is pretty good.
00:38:43.860If you're the prosecutor, it's may not be exactly what you want.
00:49:02.280Uh, and they reported that according to a former employee, Koberger had been there a couple of times.
00:49:07.220They were known to have a vegan entree on the menu, which is apparently the reason that he went there.
00:49:12.840Uh, and the other thing that they reported this week was that Koberger, uh, had messaged, uh, at least one of the victims on Instagram at one point.
00:49:21.540And then it went into an unread folder, uh, but that, that, that, that is now part of the investigation.
00:49:26.920Hmm. So what was the, like, what do we know about how aggressively he may have attempted to contact any of these victims or be in touch with them?
00:49:35.920Listen, I'm kind of weary when it comes to the Instagram accounts, because right when I first got the name before it came out from police, um, Brian Koberger, we had a source in Pennsylvania.
00:49:46.820Like I immediately couldn't find any social media for him.
00:49:50.960And then when the name came out officially from the police, suddenly there were all of these social media accounts.
00:49:58.360Some of them were following the victims.
00:50:00.640So again, like I'm kind of careful in that department because I know that people made up fake accounts.
00:50:05.480Yeah. Um, but, but this people magazine report is interesting.
00:50:09.340Um, if he did indeed actually contact one of the victims and you know, there's that unread folder.
00:50:14.240Like if it's someone who contacts you that you're not friends with, and according to people, it was in that folder.
00:50:19.760And it seems that, um, the person that he contacted, one of the victims may not have even known that he had tried to contact them.
00:50:27.480So are we, so are we skeptical, skeptical about all of this?
00:50:31.040We don't, we don't put much stock in the people magazine reporting about forget the restaurant visit, but the social media attempts to somehow know them or, or be in their lives.
00:50:39.780Because with respect to people, I think it's one source that they're citing one unnamed source.
00:50:44.940We don't know who, we don't know how reliable.
00:50:46.880And as you point out, we don't know whether they've done the investigation necessary to determine if these accounts were even real.
00:50:53.340Yeah. You know, truthfully, I'm a little skeptical, nothing against people.
00:50:56.760And I just don't know who their source is.
00:50:58.980And again, when it comes to the Instagram accounts, there were all sorts of Instagram accounts floating around.
00:51:03.300And then also I'm a little less skeptical of the report about the mad Greek restaurant because, you know, I was in Moscow for so long.
00:51:09.960That is one of the only places that has like a legit vegan, um, part of the menu.
00:51:15.820Um, so it would make sense, you know, he was a strict vegan, Brian Kohlberger.
00:51:19.920Uh, it would make sense that he probably would have gone there, whether that has to do with, with, um, two of the victims having worked there.
00:51:26.640I mean, it's a small town, you know, uh, these victims were connected in all sorts of different ways.
00:51:31.660So I think it'll be interesting to see how that plays out.
00:51:33.960According to people, you know, the investigators are aware of this and this is part of the investigation behind the scenes.
00:51:39.720Well, and again, this is, um, the, the reporting on the Instagram account is per an investigator familiar with the case to people magazine.
00:51:46.600We don't know who it's a single source investigator familiar with the case is very ambiguous.
00:51:51.700The sourcing on the, um, the, the suspect visited the restaurant where two of the victims worked is pretty clear.
00:51:59.980Former employee at the, at the restaurant.
00:52:01.700So that's, you know, that I can understand a little bit better.
00:52:04.480A former employer, an employee at the mad Greek restaurant in Moscow, Idaho said the suspect came in at least twice to grab vegan pizza.
00:52:13.020Two of the victims, uh, Maddie and Zanna were servers at the restaurant.
00:52:17.380It's unclear if either woman ever waited on him or if they even interacted, but, um, people says it has confirmed that they've collected, authorities have collected surveillance video from the restaurant surrounding businesses.
00:52:29.180That's all confirmable by going to the restaurants and asking them.
00:52:33.040And, uh, this former employee telling people that the, there was nothing suspicious about him per se, but he stood out because he had a particular order, a strict vegan.
00:52:42.000He would check to make sure that his food had not come into any contact with animal products.
00:52:55.720And that makes sense because that goes back to what one of, uh, Kohlberger's aunts said that when Kohlberger went to visit her with his dad, um, that he was very particular about the pots and pans that she used.
00:53:08.460When she was cooking for, for him, his, his vegan meals, even wanting her to buy new pots and pans because her pots and pans had touched meat before.
00:53:17.160So that, that lines up, I can see why he would be memorable going into a restaurant, sort of asking those sorts of things.
00:53:24.220That plus, you know, what may have been sort of an odd effect in general, that's the kind of stuff that makes you stand out as opposed to these beautiful college girls who are friendly and, you know, what you might expect coming in.
00:53:35.160Um, let's talk about the search warrant.
00:53:36.680There's a lot in there first explained to the audience, what we're talking about.
00:53:40.060Something was unveiled and what was it and why do we care?