The Megyn Kelly Show - September 30, 2026


The Truth About Every Angle of the Cornell Case, From the Original "Jane Doe" 2024 Story to Media Lies Today | Ep. 1409

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Mentioned
The Secret to the "Living Diet," Cutting Down "Visceral" Fat, and Why Fermented Food is So Healthy, with Dr. Sean O'Mara | Ep. 1408 Hijacking Attempt on Israel-Bound Plane, Execution Proceeds, Diddy's Life in Prison: AM Update 10⧸1

Episode Stats


Length

1 hour and 47 minutes

Words per minute

155.04

Word count

16,695

Sentence count

1,060


Transcript

Transcript generated with Whisper (turbo).
Hosts, guests, and mentioned names generated with spaCy (en_core_web_sm), reconciled against Wikidata.
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00:01:24.500 with iGaming Ontario. Welcome to The Megyn Kelly Show, live on Sirius XM channel 111 every weekday
00:01:31.540 at New East. Hey everyone, I'm Megyn Kelly. Welcome to The Megyn Kelly Show. Well, we have a lot to
00:01:44.200 get to today. Everyone is talking about it and I cannot tell you the number of people who have
00:01:49.620 asked me about it, in my opinion, the alleged gang rape at Cornell. That is our topic for today's
00:01:59.740 show. In a more than 100-page civil lawsuit, a former student there, identified only as Jane
00:02:07.120 Doe, alleges that she was brutally raped by multiple members of the Chi-5 fraternity house
00:02:13.440 for ours on October 19th, 2024.
00:02:18.180 She also alleges that she was pressured
00:02:20.260 into doing drugs several times
00:02:22.440 and that she was incapacitated.
00:02:25.380 Back in 2024, two fraternity members were expelled
00:02:29.240 after the university investigated her claims,
00:02:33.180 while others alleged to be involved
00:02:34.880 faced lesser disciplinary action,
00:02:37.960 including temporary suspensions.
00:02:41.140 Well, this week we're learning a lot more
00:02:42.840 about what happened at the time. And in particular, what she said happened at the time
00:02:49.620 and the fallout continues. So look, we're going to go through this together. And by the end of this,
00:02:56.680 you're going to know exactly where things stand. I don't purport to know exactly what happened
00:03:02.340 that night, but I see some serious problems with any potential rape case that the DA may try to
00:03:12.060 bring, some legal problems. None of this is to excuse the bad behavior by the young men involved
00:03:20.720 or by this woman or by her. What I see is a couple in particular of young men who behaved in a way
00:03:31.860 I would be incredibly ashamed of my own sons were they ever to behave this way. And I would like to
00:03:41.520 believe, and I do believe, that my husband and I have raised them in a way that they would never
00:03:47.340 participate in what went down inside that fraternity house as admitted, as admitted, okay?
00:03:54.360 Like, well, I guess I shouldn't say admitted because the boy's statements haven't been given
00:04:02.140 and we don't know exactly what they're admitting to. But I guess I should say, at a minimum,
00:04:07.500 If what she says in terms of the actual sexual acts that occurred is true, and of course, we do know that the text exchange that's been circulated widely amongst Kifi members at Cornell University appears to be legit, you'd be ashamed of your child.
00:04:24.760 You would be ashamed of any son of yours who would participate in that behavior, but disgusting texts and inappropriate threesomes where you're openly celebrating it with your fraternity brothers does not make you a rapist.
00:04:46.220 That's a whole different kettle of fish.
00:04:48.840 That's the kind of thing that gets you in jail for 20 years.
00:04:51.940 So it's really important that we have that distinction in our heads. Were they behaving like fool college students whose behavior is shameful and disgusting? Or were they criminals? Were they violent rapists? And we need to get to the bottom of that.
00:05:14.520 And I believe that we will.
00:05:16.980 I believe the DA involved in this case
00:05:18.780 seems like an honest broker.
00:05:20.600 And it's very clear to me,
00:05:22.280 he doesn't believe that there are any rapists
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00:06:20.180 What happened was Jane Doe
00:06:22.160 had this incident occur in October of 2024.
00:06:25.480 Three weeks later, after talking to her friends,
00:06:28.820 you know how it goes.
00:06:29.940 Look, I'm sorry, but I've covered enough of these cases
00:06:32.500 to know patterns.
00:06:34.160 And the pattern is often that a woman will have shame
00:06:38.680 about a night like this for obvious reasons.
00:06:41.620 And then as weeks go by in her mind, and especially with the help of other young university co-eds, it gets transformed from a night of regrets that the young woman is ashamed of into a night in which she's the victim and the boys are the perpetrators.
00:07:06.000 a much more comfortable place for a young woman who participates in multiple threesomes with
00:07:13.600 different men on one night to be. It's just a much, much better place to be. I'm not a slut.
00:07:23.720 I'm not easy. I'm not a humiliated, desperate, give it up to anybody,
00:07:31.420 you know, person doing drugs off of a man's penis. That's not me. I was coerced. I'm a victim.
00:07:42.160 There are bad people involved in this, but I'm not one of them.
00:07:47.340 And I'm sorry, but you know, three weeks, like if you were violently gang raped repeatedly over
00:07:56.080 the course of an evening, do you think it would take you three weeks to call the campus police
00:08:01.140 And do you think you'd call the campus police at all?
00:08:04.420 Don't you think you'd be calling the Ithaca police?
00:08:08.080 Wouldn't it be an all-hands-on-deck situation to get these bastards arrested?
00:08:14.840 The delay, the chatting with the friends, and then the decision to go to campus police says a lot to me.
00:08:23.300 And that's to say nothing of her initial statement to those police.
00:08:28.560 Now, here's what happened.
00:08:30.580 First, we found out two years later that she filed a civil lawsuit against Cornell, against
00:08:36.440 her sorority, Tridell, full disclosure, I was a member of Tridell at Syracuse, not far
00:08:41.640 from Ithaca.
00:08:42.760 I deactivated because I was with a lacrosse player for most of my college experience and
00:08:48.600 the parties in the Greek system didn't allow the athletes if they weren't Greek members.
00:08:53.420 So I was much more interested in spending time with my lacrosse player boyfriend than
00:08:58.240 I was with men of the Syracuse fraternities. So nothing against Tridel, but I did deactivate
00:09:06.060 while in college. In any event, absolutely no reason to cover Tridel favorably or unfavorably.
00:09:14.120 So she's filed a lawsuit, a civil lawsuit asking for money, compensatory and punitive damages.
00:09:20.040 She wants a big check from Cornell, from Chi-Fi, the men's fraternity, from her own sorority, Tridelt, because she's claiming they understood she was drinking, and I believe may have had a drink at the Tridelt house, against the local bars, which had given her permission to enter with an under-21 stamp but served her nonetheless.
00:09:46.280 they will be in trouble for doing that. It won't be because she got raped. It'll be
00:09:52.460 something less than that. But they're not kidding around in New York State when it comes to
00:09:57.000 under 21-year-olds who get served and then bad things happen to them after the fact.
00:10:01.460 It's a terrible position for a bar to be in, which is why most bars in New York State are
00:10:06.280 pretty good about enforcing the 21 or under, you know, 21 years old to drink rule. I can say that
00:10:14.080 having attended a university in the state of New York and having grown up there and spent 50 years
00:10:17.680 of my life there. Okay, so back to Cornell. She sued Cornell. She sued Tridel. She sued Chi-Fi.
00:10:24.540 She sued advisors of the fraternity. She sued the national organizations of that fraternity
00:10:30.320 and that sorority. And she has sued seven men claiming that they gang raped her or in some way
00:10:38.240 participated or facilitated her gang rape. And I'm just going to tell you, one person's threesome
00:10:49.480 is a greedy tort lawyer's gang rape. And that's really what this case comes down to.
00:10:57.740 Were these threesomes, and there was more than one, that she engaged in voluntarily,
00:11:03.400 Or were they gang rapes, as every single media outlet now would have you believe?
00:11:10.620 Because the press saw gang rape at Cornell, an Ivy League university, and was delighted to run with that story.
00:11:20.540 And just the same as they did with the Duke players down in Durham 20 years ago.
00:11:25.540 I mean, they were very quick to believe that elite students at Duke University who played lacrosse, 100% they gang raped that poor black stripper.
00:11:38.520 They did it.
00:11:39.520 And as it turns out, those boys never laid a finger on Crystal Mangum, who was a very disturbed young woman who made up those charges, entirely made up those charges against three boys who almost lost their freedom.
00:11:57.600 Because a psychopath made allegations against them and then met up with another psychopath, D.A. Mike Nifong, who decided it would be great to be reelected D.A. on the backs of those three boys and did not care when piece after piece of the evidence came back, exonerating them.
00:12:17.880 Now, this is a different case because these men accused, many of them, do appear to have laid hands on Jane Doe.
00:12:27.120 Again, they haven't answered the charge, so there's been no admission that they had sex with her or anything, but we'll assume for purposes of today that she will be able to establish there was sex inside the Chi-5 fraternity house involving her that night.
00:12:44.320 Because even this woman, as she hurls rape accusations, is saying, here's exactly what happened and with whom.
00:12:51.100 I think this dispute will come down to, was it forcible or not? Did she consent or not? Did she
00:12:59.400 have the ability to consent or not? Or was she physically incapacitated? So it's not the same
00:13:06.940 as Duke. Duke was one of the most outrageous cases I've ever covered. It was the story I cut
00:13:11.740 my teeth on as a young reporter at Fox. It was so outrageous because it was entirely fabricated
00:13:17.200 and you had a media narrative that swallowed it hook, line, and sinker because of the rich boys.
00:13:23.860 By the way, they weren't all rich. Because of the skin color, they were white, she was black.
00:13:29.560 Because of the nature of Durham housing a university like Duke, Durham's majority black,
00:13:37.340 minority, and Duke's not. And just the privilege that was involved, the so-called privilege or
00:13:44.860 perceived privilege, not to mention the lax bro culture, et cetera. But it was an outrage. Those
00:13:49.040 boys did nothing wrong. They were the victims. And Crystal Mangum was the villain. She was
00:13:53.700 absolutely the victim. A lot of people took it easy on her saying, oh, she has mental problems.
00:13:57.380 I don't give a shit. She was fine. She wasn't well. She wasn't like a well person, but she did
00:14:02.400 this willingly. She had the DNA, the semen of five other men inside of her on the night she accused
00:14:07.800 these three Duke players of raping her. Not one of whom was a Duke lacrosse player. That's just
00:14:13.140 one of the facts that came out that Mike Nifong knew about and didn't drop the case, continued
00:14:18.080 forward against those players. I mean, that case was just so egregious. So it doesn't compare to
00:14:22.860 this one where there does appear to have been some sort of encounter or errors. So we're going
00:14:30.620 to go through it now. So the civil lawsuit comes out and I've read the complaint. It's long. It's
00:14:38.260 Over 100 pages, but that's mostly because she's sued so many people.
00:14:43.100 She's got to allege individual actions by each one and facts about each one as well.
00:14:49.020 But I will tell you, the sum and substance of the complaint, the civil complaint, is
00:14:55.280 that there were one, two, three interludes that night involving sex and maybe one or
00:15:05.540 two others involving groping or something less than sex. And now she is claiming she did not
00:15:13.560 consent to anyone, nothing was consented to. She tells a story of going out on the Cornell campus
00:15:20.940 that evening, being served, though she was only 20 years old, in at least two bars and I believe
00:15:28.680 at the Delta Delta Delta sorority house. I'll correct myself on that if I'm wrong, but I think
00:15:34.060 that's how they got looped in. And then late in the evening, going over to the Chi-Fi fraternity
00:15:42.620 house and meeting with a defendant. Now, the Cornell student newspaper has chosen to name
00:15:50.440 the seven boys. Let me just tell you, I've said this before. I think it's absolute bullshit that
00:15:57.260 a complaint like this can name young men, and she can go by Jane Doe. So their reputations
00:16:05.240 instantly get ruined, which they have. They have been. Absolutely. One has already been fired
00:16:10.980 from his job at a Wells Fargo bank. Sounds like he worked in an actual bank, not like the big
00:16:17.780 Wells Fargo, but like a branch store. And he's already been fired, one of the seven.
00:16:24.020 um two of the boys were expelled from cornell cornell conducted its own investigation
00:16:29.980 and the discipline they handed down was two boys would be expelled we have not been able to
00:16:36.380 ascertain which which boys i mean i i'm saying boys young men i'm trying to distinguish between
00:16:41.900 boys and a girl but they're all young men and she's a young woman um two got expelled several
00:16:50.760 got temporarily suspended and we don't know what else happened or whom was expelled.
00:16:58.960 I do not know.
00:17:02.260 So she is alleging at least three interludes with four different men.
00:17:10.100 Okay, so one guy is alleged to have participated in two of the interludes.
00:17:16.120 another guy is alleged to have participated in two of the interludes and then there are two other
00:17:23.780 guys who are alleged to have participated in one interlude each so total we have four men
00:17:31.180 with whom she alleges she had sex she's alleging rape now but just bear with me so four men and
00:17:39.340 we're not going to name them. It's just so wrong. Again, like, why? Why does the media
00:17:46.280 choose to call her Jane Doe and choose to name the men? I'm just going to tell you right now,
00:17:53.160 if her identity is revealed, I am going to name her. I am going to name her.
00:18:02.080 I am not okay with the accused having their identities plastered all over the newspapers
00:18:10.460 and accusers getting this blanket of protection from the courts and or the media.
00:18:16.700 Now, the courts I can't do anything about, but the media I can.
00:18:19.720 Why?
00:18:20.260 Why does she get the blanket of anonymity?
00:18:22.460 Even if she's a victim, I'm sorry, but that's just, that doesn't make any sense.
00:18:27.280 If you really want anonymity, unfortunately, you have to stay out of the court system.
00:18:33.680 If you file a civil lawsuit asking for money damages, you are in the court system and your name is as fair game as the names of the defendants.
00:18:46.240 And I just, I don't think we can continue this farce of pretending all accusers are actual victims whose identities must be protected and all defendants are presumed guilty and their lives will be ruined the second the complaint is filed.
00:19:03.220 This is fucked up.
00:19:04.200 I'm just done with this.
00:19:05.320 And I can speak to this as somebody who did come forward against someone for having sexually harassed her and did that using my real name and understanding that the person being accused was going to find out I had done that.
00:19:26.320 And I had a long talk with my own personal lawyer, who is a guy from Jones Day, who I love and we're still friends.
00:19:32.880 And he had he had been my partner at Jones Day.
00:19:35.600 I wasn't a partner, but he was a partner.
00:19:37.600 And then I hired him to deal with that whole, you know, Me Too situation at Fox.
00:19:41.300 And I remember talking to him about the fact that I was scared to have my boss find out that I was cooperating with the investigation.
00:19:49.320 But and he said to me, it's only fair.
00:19:51.760 He's got to have the opportunity to defend himself.
00:19:54.220 And I said, you know what? You're right. But I knew that before I cooperated and I cooperated
00:20:00.800 anyway, because I understood if you're going to make an allegation that is as serious as that,
00:20:07.960 you're going to have to stand behind it. You're going to have to really make it as you and put
00:20:14.860 your name and reputation behind it. This is, I don't understand why we're doing this
00:20:21.480 still in 2026 America when we've had so many fake claims brought against men. And if it's a real
00:20:31.280 victim being, you know, attacked and harassed by our, you know, an actual perpetrator, that'll be
00:20:39.360 an unfortunate consequence. But eventually the man is going to know anyway. If you go forward
00:20:44.200 in a civil case, the man finds out. It's just the society who we're protecting. In any event,
00:20:50.340 Okay, I'm off on a tangent, but it's just, these guys are already suffering consequences before a case has been proven.
00:20:57.680 And she is still cloaked behind the anonymity of Jane Doe.
00:21:01.700 And this woman has got some serious problems with her story and is, in my view, trying to ruin these boys' lives.
00:21:09.280 So, like, how are we protecting her?
00:21:12.100 This is fucked up.
00:21:12.980 I feel complicit.
00:21:14.120 I don't know her name, but it's going to come out.
00:21:17.180 and at that point you know maybe we'll name everybody if we're going to name one half we'll
00:21:22.120 name everybody but we're not doing the half and half shit anymore i'm just we're not we're not
00:21:26.480 doing that um so she alleges she went over to the kifi fraternity house because she wanted to see
00:21:33.920 defendant number one and she appears to have had a friendship with defendant number one
00:21:38.280 and he welcomed her.
00:21:43.540 She claims that she was intoxicated when she got there.
00:21:48.420 She claims in her complaint,
00:21:51.540 plaintiff was visibly intoxicated
00:21:53.240 as she had consumed about 10 standard drinks
00:21:57.260 within the past three hours.
00:22:00.220 That's a lot.
00:22:01.340 That's a lot of liquor.
00:22:04.100 Note to young women on college campuses and beyond,
00:22:08.280 Don't consume 10 drinks in an evening and expect good things to happen to you.
00:22:12.360 They won't.
00:22:14.440 You can take it to the bank.
00:22:17.160 10 drinks in three hours?
00:22:21.820 What do you think is going to happen?
00:22:23.880 You think your judgment's going to be intact?
00:22:25.740 Think you're going to make decisions that are good, positive, rewarding, that you're
00:22:30.040 going to feel good about the next day?
00:22:31.620 You're not.
00:22:33.320 Stop that.
00:22:35.180 Get it together.
00:22:36.020 you know we've talked to our kids about drinking we know they're going to go off to college they're
00:22:40.900 probably going to have drinks i mean we're not idiots but we talk to our kids all the time like
00:22:46.000 no more than two if you choose to drink and not drinking is a very viable option we talk to them
00:22:52.260 about people who don't drink at all who we know they admire and i'm not at all sure that all three
00:22:56.800 of my kids will wind up drinking but whatever you have to talk to your kids about how much is too
00:23:02.540 much. Two drinks. That'll do it. Look, are they going to listen to this? I don't know. I remember
00:23:09.060 how I was when I was that age, and I definitely did not stop at two every night of my college
00:23:13.420 career. But I think my kids might. The drinking attitude has changed a lot on college campuses
00:23:20.440 these days. And there's just been so much education since then and so much light shed on
00:23:26.620 what can happen. So it was reckless for this woman to do this, and she's dealing with the
00:23:32.100 consequences of that right now. So she claims she arrived having consumed 10 in the past three
00:23:38.500 hours. She was greeted by defendant one and that he gave her a beer. Now he didn't know she had 10
00:23:46.240 drinks, but okay. Any young woman showing up at a fraternity house at 11 o'clock at night is almost
00:23:53.620 certainly going to be offered a beer. You can kind of take that one to the bank too. They then
00:23:58.580 danced together in the main room of the fraternity house. After dancing, defendant one pulled
00:24:03.080 plaintiff off to a quieter area and propositioned her with having a threesome with her and another
00:24:09.980 one of his fraternity brothers. This is her alleging that he asked her if she wanted to
00:24:16.280 have a threesome. Now, her lawyer alleges in her drunken state, plaintiff was incapable of consenting
00:24:23.060 to the proposition. Despite being incapable of consent, defendant one then led plaintiff to the
00:24:30.800 upstairs of the fraternity house and left her with somebody, another member. After speaking with that
00:24:36.440 someone for a short time, defendant one returned and led plaintiff to another room down the hall
00:24:41.880 where defendant two was sitting on a couch. Now I'm just going to say up front,
00:24:46.520 defendant two seems like a fucking douchebag. And I hope he was one of the two who got expelled.
00:24:54.680 I really have no love loss for defendant two. I do not see him as a rapist or a gang rapist,
00:25:01.100 but he really has got to spend some time with God and hopefully his own conscious
00:25:07.840 conscience and think about what went down that night. Because if what she alleges about him is
00:25:14.240 true, he emerges as a bit of a villain, if what she alleges about him. The reason I'm comfortable
00:25:23.180 saying this is, yes, what she alleges, but also his name is on the Snapchat group chat that's been
00:25:32.140 leaked. There's only one page of messages. I'm going to read it to you. And it certainly doesn't
00:25:39.760 reflect well on the young men of Ki-Fi, nor in particular on defendant Newell. So defendant
00:25:46.780 Newell, oh, sorry, I didn't mean to say that. Defendant number two. I'm not revealing anything
00:25:53.960 that's not already public. I'm just violating my own policy. But I will say that defendant number
00:25:59.080 two in the group chat is the one who allegedly texted to the rest of the Ki-Fi active members,
00:26:06.100 and I'm just going to say it, quote, free pussy in alum PU, which means I think
00:26:12.400 an alumni room upstairs. Okay. So he, uh, according to this, uh, exchange that's been
00:26:21.060 made public, allegedly texted to the rest of the Chi-Fi active members free P word.
00:26:28.300 This is crazy work. Then somebody responded free dot, dot, dot. Then a third member responded
00:26:35.600 blank. One of the members went seven minutes ago and is not AFK. So, and I don't know what AFK
00:26:45.320 means. There's at least one AFK reference online and online slang that says it means
00:26:51.040 at fucking keyboard. It's kind of a slang for he's not AFK. Um, that, that could mean, uh, that
00:26:59.420 he went seven minutes ago and he's not back. So like it's happening. I don't know. I'm just
00:27:05.360 taken a stab at it. Another, defendant number one chimes in, I fucking love Kai-Fi. Kai-Fi, sorry.
00:27:14.800 Another chimes in, Kai-Fi, long eyes. The one who says, it says blank went seven minutes ago and is
00:27:25.340 not AFK, so then chimes in, the alumni shit is not a bit. First person POV, not a bit.
00:27:35.360 don't know what that means. Defendant number one chimes in, like you can walk in and whip it out.
00:27:44.780 Now, that's her friend. Defendant one, like you can walk in and whip it out. And you know,
00:27:52.220 who allegedly wrote here, I fucking love Kai-Fi. That's her alleged friend who greeted her at the
00:27:58.440 door and danced with her and gave her a beer and is involved in at least two of the alleged
00:28:05.340 threesomes, gang rapes, you know, depends on who you ask. So there's no, who would be proud of
00:28:14.020 this? Who would look at this and say, yeah, I really hope my son behaves this way. No one,
00:28:18.560 literally no one. And that first text that I read from defendant number two, free P word,
00:28:26.640 basically upstairs, is really despicable. It's despicable. And it is the reason the case is now
00:28:34.180 being reopened because she's filed her civil lawsuit two years later, but nothing was done
00:28:39.780 in terms of filing charges two years earlier when she first went to Cornell campus police
00:28:45.100 because of the statement she made, which we are about to get to, but no criminal charges were
00:28:51.080 filed by the Ithaca County DA. And the campus police, as I said, investigated it and the campus
00:29:01.060 itself investigated it, and they suspended some and expelled two, but no criminal charges were
00:29:09.940 filed. And the main reason it appears that the DA, now having been excoriated by all the media for
00:29:19.240 not filing gang rape charges, is saying, I'm going to take the case to the grand jury now,
00:29:24.320 is this Snapchat exchange, as I just read to you.
00:29:29.600 I think it's just public pressure.
00:29:33.160 One other thing has come to light,
00:29:35.260 which is he reviewed the victim or the accuser's
00:29:40.460 six-page single-spaced statement
00:29:43.780 with her handwritten notations on various pages.
00:29:46.840 He had read that when he determined
00:29:48.640 not to bring charges two years ago.
00:29:50.520 Since then, it's become clear that before that,
00:29:53.660 she gave an interview to campus police and that interview was transcribed or at least
00:29:59.860 heavily notated. And CBS has gotten its hands on the interview notes or transcript from when she
00:30:09.300 sat with cops prior to her six page statement. It appears based on what the DA has said publicly,
00:30:16.320 He saw the latter, her six-page statement, but that he has never seen the notes of the cops as they interviewed her prior to her written statement that she signed and verified, meaning under oath, I believe.
00:30:35.060 He's now saying he wants to see that, that he had never seen that.
00:30:39.160 And what's emerged from CBS, which says it's gotten its hands on that interview exchange with the cops, is that she explicitly said that she was incapacitated and that she was raped, that she used the word raped.
00:31:00.200 Now, in the six-page statement, she doesn't say, I was raped, according to ABC.
00:31:08.620 Okay, CBS got the transcript with the cops.
00:31:12.440 ABC got the six-page statement.
00:31:14.420 And the DA has the six-page statement, but is not releasing it.
00:31:18.400 And so far, ABC is not releasing the six-page statement either.
00:31:22.420 The DA did release a nine-page statement of his own with numerous generously quoting.
00:31:29.500 from the six page statement, but said, I'm not going to release the statement now because for
00:31:33.460 privacy reasons, et cetera. But ABC, which has seen the six page statement signed by the accuser
00:31:41.400 says the only mention to rape was her hypothetical saying, if, if they had had sex with me after I
00:31:51.560 told them I didn't, there was at one point, I think a foursome prepare or proposed. And she
00:31:57.620 said, no, I don't want that. And she said something to the effect of if they went ahead
00:32:01.820 and did that, that would be rape. And that according to ABC is the only mention of rape.
00:32:10.240 Yeah, here it is. CNN reported on this whole thing, citing the ABC report, citing the CBS
00:32:15.640 report. Um, and they've reported that she described in her interview or in her six page
00:32:22.640 statement, thinking that if she passed out and the men had sex with her, they could be charged
00:32:27.780 with rape. The only reference of rape mentioned in her six-page statement, according to ABC.
00:32:36.080 So when it was time to actually sit down and swear to what happened, she did not say she was
00:32:44.200 raped. She had a hypothetical about if they did something to me while I was asleep, that would
00:32:50.460 have been raped. Now, in the interview with the cops, which near as I can tell, though I haven't
00:32:57.620 been able to nail down specific dates, but it would only make sense, would have preceded the
00:33:02.440 written statement under oath that she said to the police sitting down with them that she believed
00:33:13.800 she'd been raped and offered a couple of other details. A campus police investigator led the
00:33:23.080 questioning with a Title IX investigator there from Cornell, a victim's rights advocate,
00:33:29.140 and Jane Doe's advisor. So she had three people in that room whose sole job was to protect her,
00:33:36.380 and then a campus police investigator who was taking down her story.
00:33:43.360 Let's see.
00:33:45.040 She did describe allegedly being, okay, the transcripts detail how she told police
00:33:51.160 she was pretty okay with the initial sexual activity of the evening,
00:33:55.720 but told them that she did not consent to what occurred later that night.
00:34:01.140 In the statement, okay, bah, bah, bah.
00:34:06.380 Specific statement, right, right, right. Just want to make sure I get this sequentially for you.
00:34:13.940 Yeah. Okay. And in that, she does say that she was incapacitated. That's another thing that she
00:34:21.340 allegedly says here. I can say with 100% confidence, I was raped. This is again, CBS's reporting,
00:34:28.840 having looked at her interview. She was asked whether she was okay with the initial encounter
00:34:34.220 and said, yeah, as much as I can be, because again, I was super drunk when I got there,
00:34:40.580 but I was pretty okay with all of this. She then added, according to the transcript of the
00:34:45.460 interview with the Cornell cops, and then of course I was being hit at the same time,
00:34:50.140 physically hit very, very hard. She alleges that in the course of that first threesome or gang rape,
00:34:59.000 depending on who you ask, that defendant number two was, forgive me, having sex with her from
00:35:07.220 behind and that he was hitting her rear end hard enough to leave a bruise. So that's the reference
00:35:15.180 here to I was hit very, very hard. According to the transcript, that's again, CBS has reviewed
00:35:21.820 of her interview with campus cops. She said she didn't remember the end of the night, quote,
00:35:26.960 where I was raped and didn't know how many people had sex with her. When describing what happened
00:35:33.960 later in the evening, the transcript says Jane Doe said, quote, I can say with 100% confidence
00:35:41.000 I was raped. Now, this also reports that it was the investigator who prepared Jane Doe's
00:35:49.320 written statement, that six-page statement. And, you know, so this wasn't done in her own hand at
00:35:56.080 the keyboard. But the DA has told us already that it was signed by her, sworn to by her, and has
00:36:02.380 her written notes at various points in it. So clearly Jane Doe did review whatever the
00:36:09.560 investigator typed and was fine with it and swore to it. The investigator at one point,
00:36:17.420 okay, at one point she said she swatted one man's hand away and told him she was uncomfortable.
00:36:21.380 she told another man no a few times or that she was too tired. Was it no or was it, eh, I'm tired,
00:36:28.860 asked the investigator, according to the transcript. The transcript says Jane Doe responded,
00:36:33.780 I think it's, I'm tired. Now that's different. That is very different. I mean, frankly,
00:36:39.560 ask any wife on earth, I'm tired is not always heard by your partner as no. They may not give up
00:36:48.740 upon hearing the magic words, I'm tired.
00:36:52.420 And so just because they tried again after I'm tired
00:36:56.460 does not, absolutely does not mean there's been no consent.
00:37:01.280 What has to happen next if there's no consent is the answer's no.
00:37:06.560 And then he's got to force you, himself, on you.
00:37:09.800 Okay, so this is, that's what the investigator's going for,
00:37:12.440 and he's right to ask that question.
00:37:13.640 And she said, it's just, I'm tired.
00:37:17.180 According to the transcript, the investigator later asked whether she got tired of answering
00:37:22.100 the men's questions and gave in.
00:37:25.600 Yes, she says.
00:37:27.800 So in response to that, she says, yes, that's what happened.
00:37:30.680 She got tired of answering their questions about what she wanted, et cetera, and she
00:37:35.200 gave in.
00:37:35.800 But then she adds, it was coercion.
00:37:38.600 Yes.
00:37:39.820 She also said she was, quote, completely and totally incapacitated.
00:37:44.520 Now that is an important, and before signing, because apparently when she signed her six-page statement, her advisor asked her if she wanted her and another advisor to review the statement, and Jane Doe, before she signed, said, quote, I'm very confident about this, and signed away.
00:38:02.260 So she had advisors, she read it, she said she was very confident about it, and then she signed a statement not alleging rape.
00:38:08.360 The written statement doesn't allege rape, at least not according to ABC, which has reviewed the six-page statement as reported by CNN, which looked at all the reporting.
00:38:23.440 Um, her telling the campus cops, I was completely and totally incapacitated and that it was
00:38:30.420 coercion is helpful.
00:38:33.500 I mean, it's better than her saying there was no coercion, which is basically what her
00:38:38.500 written statement says.
00:38:40.160 Um, and it's better than her saying I was not incapacitated.
00:38:44.680 I was making decisions on my own, which is basically what her six page written statement
00:38:49.040 says.
00:38:50.300 But the fact that in speaking to the campus cops,
00:38:54.300 she originally said it was coercion
00:38:56.840 and I was completely and totally incapacitated
00:38:59.300 is not the end of the matter.
00:39:02.700 Because if you look at the six-page statement,
00:39:05.940 again, I haven't seen it
00:39:06.920 and I reserve the right to change my analysis
00:39:09.580 once I've laid eyes on the actual six-page statement
00:39:12.540 and hopefully the transcript of the interview
00:39:14.760 with campus cops.
00:39:15.780 But if you look at the lengthy excerpts released by the DA in particular and by ABC, which has seen it, you see a woman who does appear to have capacity throughout the evening and who is making conscious choices about what she will do and what she will not do and deciding throughout the evening what she's into and what she's not.
00:39:45.780 what she's okay with and what she's not, when she wants to fool around and when she wants to rest.
00:39:52.360 And this is what devastated the ability of the DA to go forward.
00:40:00.180 All right, so now I've told you what she said to the campus cops as best we know it,
00:40:05.640 and what happened in the Snapchat messaging at Ki-Fi while it was going on, despicable.
00:40:12.560 But now I want to get into what was in that six-page statement as we understand it.
00:40:19.200 And that brings me to the DA's nine-page memo.
00:40:26.840 This DA is clearly frustrated that he's being painted as like a hater of women when he's
00:40:35.280 trying to tell us, you got to read the law in New York State and you've got to listen
00:40:40.440 to me on what she was actually claiming two years before she found a civil torts lawyer.
00:40:47.140 So we will do that. Here is what he writes. He says, Jane Doe's sworn statement, so it was sworn,
00:40:55.900 that means under penalties of perjury, unlike an interview with cops, okay, campus cops at Cornell,
00:41:02.240 I'm just saying some of the discrepancies may be attributable to the fact that it is one thing
00:41:07.840 when you're just sitting there sort of recounting things to campus cops. And it is another when you
00:41:12.260 sign under penalties of perjury, things like I was completely incapacitated. That as near as I can
00:41:20.120 tell did not make its way into the sworn statement. Did not. Rape did not make its way into the sworn
00:41:29.340 statement other than as a hypothetical, if I had fallen asleep and then they continued having sex
00:41:35.660 with me, then that would be rape. That's not an accusation. That's a musing. A space musing.
00:41:45.100 Here is what she wrote, according to the DA Van Houten. That's his name, Van Houten.
00:41:53.380 The Tompkins County District Attorney, that's Ithaca, New York, where Cornell is, Matthew
00:41:58.120 Van Houten. She made more than 20 handwritten notations to the six-page document, single-spaced.
00:42:06.300 The signature page contains the following language.
00:42:08.760 I have read this statement consisting of six pages and the facts contained herein are true and correct.
00:42:13.680 I understand that making a false written statement is punishable as a class A misdemeanor pursuant to blah, blah, blah, penal law of the state of New York.
00:42:21.000 As I explained further below, writes the DA, the statement, especially as it relates to the legal definition of lack of consent, provides a different narrative and set of facts of the evening, the events of the evening of October 19th, 2024,
00:42:34.300 than those alleged in the civil complaint.
00:42:37.740 Back to the civil complaint.
00:42:39.200 You remember I read to you her story is
00:42:41.940 I showed up intoxicated and incapable of making decisions.
00:42:48.460 They gave me more alcohol as soon as I got there
00:42:51.160 and I was in no capacity to consent to anything.
00:42:54.540 The first interlude, nor any other.
00:42:59.160 In this case, he writes multiple prosecutors
00:43:02.780 and criminal investigators reviewed Jane Doe's statement and correctly determined the alleged
00:43:08.240 facts as set forth in that statement do not constitute a crime. The decision was not because
00:43:15.480 the case would have been difficult to prove in court. It was because the facts as set forth in
00:43:20.480 the statement objectively prevent the filing of criminal charges. To be clear, the credibility
00:43:25.480 of the woman who described the facts in excruciating detail was never in question. He's
00:43:29.680 saying, I believed her. We all believed her. She did not state a crime. The story as told to us,
00:43:36.580 cops, criminal investigators, sex crimes prosecutors did not amount to a crime under
00:43:42.180 New York state law. And that is my own belief as well, having reviewed it.
00:43:47.540 I'm just going to tell you before I get into this, we've looked at the law independently.
00:43:51.860 All right. Unlike a lot of these pundits out there, I've actually practiced law. I've actually
00:43:58.080 handle difficult cases like this. And I can tell you that the law in New York is not on this woman's
00:44:03.860 side. Because basically, what it says is, if you can, if you allege that you've been completely
00:44:11.620 physically incapacitated, like you, somebody got on top of you and had sex with you when you were
00:44:18.080 completely passed out, you're there. You got a rape case. That case would have been charged.
00:44:25.200 Total physical incapacitation would get you to a rape charge.
00:44:29.320 But if you allege that you were voluntarily intoxicated, that you were conscious, but very drunk or high, very high on drugs, but conscious,
00:44:44.160 and that the reason you got very drunk or very high
00:44:47.960 was your own choices to drink a lot or do a lot of drugs.
00:44:54.240 But you are not physically incapacitated,
00:44:58.400 i.e. passed out or asleep.
00:45:02.700 You cannot be charged.
00:45:04.900 That is not a charge for sexual assault or rape under New York law.
00:45:09.900 You may not like the law.
00:45:10.880 That's the law.
00:45:11.560 Take it up with your state legislatures.
00:45:13.520 This is not known as a particularly conservative one
00:45:16.860 in New York State.
00:45:18.540 And what the legislature of New York saw fit to do
00:45:22.680 was create a rape law that would allow you
00:45:25.880 to bring rape charges only under specific circumstances, okay?
00:45:33.380 And we're not there.
00:45:34.840 But I'm gonna save the specific legal definitions
00:45:36.620 for when I'm done.
00:45:37.940 I've given you the highlight that you need to understand.
00:45:40.940 Look for an allegation in her six-page statement
00:45:43.600 that she was completely physically incapacitated
00:45:47.320 when the men were having sex with her.
00:45:50.120 We're going to need that,
00:45:51.460 or we're going to need them forcing her to take a drug.
00:45:56.220 And she did not consent to take the drug or drink the drink.
00:46:01.320 That's what we're going to need.
00:46:03.420 All right, here's what the DA says she alleged.
00:46:10.200 By the way, he also says that when they decided that they couldn't bring charges, he writes, as is my longstanding policy in cases such as this, we asked the Cornell PD to inform Jane Doe at her option that we would personally meet with her to explain our decision and answer any of her questions.
00:46:28.740 They said for two years, she never contacted us nor asked for this.
00:46:33.700 Neither Jane Doe nor her attorneys ever contacted us to seek answers, to ask for reconsideration of her case, to suggest her sworn statement was inaccurate.
00:46:43.680 Nothing.
00:46:44.800 Absolutely nothing for two years.
00:46:46.300 The first he heard there was any beef with it whatsoever was when he read her civil complaint.
00:46:52.600 And you've got her lawyer running around right now saying it's outrageous.
00:46:56.300 They never followed up with her.
00:46:57.380 Well, they made a determination after she sat for two days in a row giving police a statement.
00:47:02.580 Then she signed a written statement under oath that was six pages, single spaced with her handwritten notations.
00:47:08.020 And she swore to it.
00:47:09.420 And they said, there isn't a crime here.
00:47:11.780 But if she would like to discuss more or bring us more information, we are here for her.
00:47:16.100 And she never did.
00:47:18.000 And now you've got this DA being painted as some sort of a bastard because he didn't see a crime.
00:47:24.060 And he didn't interview the alleged victim.
00:47:27.080 That's not, he doesn't have to do that. The cops are principally the chief investigators of crimes. They're the ones who will interview you. And then the DA will use that interview. I mean, how many times on law and order do you see it's the cops who sit down and say, these are your rights under Miranda. And, you know, anything you say can be, can it will be used against you in a court of law. That's a cop's job.
00:47:52.820 So she this is like they're trying to paint this D.A. as having committed a dereliction of duty.
00:47:59.000 But he didn't. He didn't. He went off of what she said after two days of being questioned with three victims rights advocates in the room for her and a cop who's neutral doing the questioning and no representation for the defendants.
00:48:14.580 He did nothing wrong, this D.A.
00:48:17.240 He says, where words appear, in quotes, they are exactly as they appear in her statement.
00:48:24.020 He writes this, on the evening of October 19th, 2024, Jane Doe walked the approximately
00:48:28.980 one mile distance from Lot 10 in the city of Ithaca to the Chi-Fi fraternity at 107
00:48:35.300 Edgemoor Lane to meet her friend, male number one.
00:48:39.520 She had made plans to meet male number one earlier in the week and had been texting male
00:48:45.040 number one, that she was on the way. That's in quotes, had been texting him that she was on the
00:48:48.840 way. Jane Doe described her level of intoxication as a five out of 10 when she arrived at the
00:48:53.800 fraternity. Five out of 10. It's not great. It's not total incapacitation. While there, Jane Doe
00:49:00.260 opened one previously unopened can of beer. So she opened it. She and male number one, quote,
00:49:05.700 danced a little in a way that, quote, was definitely flirtatious in nature, end quote.
00:49:09.840 quote, male number one brought Jane Doe to a, quote, quiet area and, quote, asked how Jane Doe
00:49:16.200 would feel about having a threesome with two male partners. This is Jane Doe alleging specifically
00:49:20.940 she was asked about how she would feel about it. The guy did not get on top of her. He was not
00:49:26.440 having sex with her. And then, boom, there's a second guy in the room who's jumping on her.
00:49:30.640 That's not what happened. He asked her how she would feel about having a threesome. Jane Doe,
00:49:35.880 quote, agreed due to how attracted she was to male number one on top of her drunken curiousness,
00:49:46.000 end quote. That's from her. She is telling the police that she agreed to a threesome based on
00:49:52.520 how attractive male number one was to her. And also she had drunken curiousness. That's her word.
00:50:01.160 that's not i was completely and totally incapacitated folks
00:50:06.360 when she learned that male number two that's the guy who we believe said free p word upstairs
00:50:16.860 would be the third participant in their interlude jane doe quote remembered being excited because
00:50:25.460 she thought that male number one and male number two wanting to have a threesome meant that they
00:50:28.920 were gay, end quote. No one understands what she, how does that excite you? You want to see two gay
00:50:33.320 guys get it on? You're excited because you're a woke leftist at Cornell and you're thrilled to
00:50:38.500 affirm somebody's gay identity. I don't know what that is. But again, this is her words. Not like
00:50:44.960 I was scared. I didn't want to do it. I was reluctant. I was excited and I agreed because
00:50:52.520 I thought the guy was hot. I mean, that, these are her words. Both of these two guys have been sued.
00:50:58.920 and she would like to have them criminally charged.
00:51:03.560 The three engaged in a threesome involving oral and vaginal sex in a room of the fraternity.
00:51:10.200 At the start of the threesome, Jane Doe described her intoxication level as a 5 or 6 out of 10
00:51:14.860 and said she was, quote, pretty okay with having this threesome.
00:51:20.460 Pretty okay with it.
00:51:23.140 It goes on from here.
00:51:24.520 We're nowhere near done, but we do have to take a quick break.
00:51:27.500 We'll be right back.
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00:54:04.840 We are at interlude number one, and where we left off was Jane Doe alleged that she agreed,
00:54:13.940 this is her allegation that she signed under penalties of perjury, she agreed to a threesome
00:54:19.300 due to how attracted she was to male number one
00:54:21.760 on top of her drunken curiousness
00:54:23.660 and remembered being excited about it.
00:54:27.000 The three engaged in a, quote, threesome, her word.
00:54:31.060 That's in quotes, her word,
00:54:33.360 involving oral and vaginal sex in a room of the fraternity.
00:54:36.620 At the start of the threesome,
00:54:37.960 she described her intoxication level
00:54:39.580 as a five or six out of 10
00:54:40.920 and that she was, quote,
00:54:42.640 pretty okay with having this threesome.
00:54:45.000 Again, she's using the word threesome.
00:54:46.420 The sexual conduct ended when Jane Doe, quote, noticed that male number one appeared really sleepy and was no longer fully erect, end quote.
00:54:56.780 She told male number two, quote, they needed to stop having sex in order to make sure male number one was okay.
00:55:03.640 Male number two then stopped having sex with Jane Doe.
00:55:08.160 So what we have here is a woman who says, I want to stop because I'm worried about that first guy.
00:55:13.620 And male number two saying, let's stop.
00:55:15.780 And they stopped.
00:55:17.080 That is not forcible sex.
00:55:19.220 That is not total incapacitation.
00:55:21.060 That is her telling one of her alleged rapists, please stop.
00:55:23.740 And he says, okay, and does.
00:55:26.240 By the way, she is speaking of an incapacity issue when it comes to male number one, who
00:55:32.200 can't keep his eyes open and seems to be drifting in and out of consciousness.
00:55:36.260 She may use the word sleep.
00:55:37.860 His lawyer may have a different story.
00:55:40.160 Now, it's nearly physically impossible to enforce a sex act on a man, like a penetrative vaginal or oral sex act, I guess, on a man who's incapacitated.
00:55:53.960 So I think she's probably in the clear criminally, but if I represented male number one, I'm not sure.
00:56:00.720 Okay, so male number two listens and he stops.
00:56:04.180 Male number one said he was, quote, he was going to take a nap and refresh himself, end
00:56:09.300 quote, and quote, would eventually stumble his way from the couch to the bed.
00:56:13.580 So he can't keep his eyes open and he's stumbling around.
00:56:15.820 I mean, query whether he had capacity to be there doing anything.
00:56:20.000 While male number one slept, male number two began to dry heave.
00:56:23.540 He's not in good shape either, folks.
00:56:25.620 As if he was going to vomit, Jane Doe, quote, began to take care of male number two by patting
00:56:31.260 his back while also waking male number one every few minutes to make sure he was okay.
00:56:35.980 End quote.
00:56:36.380 This woman knows full well these two young men are beyond blitzed to the point where
00:56:42.760 one is dry heaving and she's got to rub his back to make sure he's doing okay.
00:56:48.040 And she's got to, she says, uh, yeah, wake the sleeping male number one every few minutes
00:56:59.900 to make sure he's not dead
00:57:02.080 or with alcohol poisoning, obviously.
00:57:05.660 Why are you waking your rapist?
00:57:09.060 I mean, this is not what happened.
00:57:13.000 This is the one she thought was hot,
00:57:15.020 who met her and danced with her.
00:57:16.960 She was excited to be with him.
00:57:19.800 And she's worried about how far gone these two guys are.
00:57:25.460 Jane Doe, quote, was consoling male number two on the couch
00:57:29.800 and telling him that it was okay if he needed to vomit.
00:57:33.500 Male number two, still in quotes here,
00:57:35.800 told Jane Doe he was pretty sure he wasn't going to vomit.
00:57:38.600 Eventually, Jane Doe and male number two
00:57:40.620 would start making out for a very short amount of time,
00:57:43.180 end quote.
00:57:44.260 While they were making out,
00:57:45.780 quote, male number two reached for the area
00:57:48.480 near her vagina several times,
00:57:50.480 and each time he did,
00:57:52.420 she would swat his hand away, end quote.
00:57:54.640 quote, there's nothing about, but he forced it down there anyway. He tried a few times and she
00:58:01.620 swatted it away. And that seems to have been that. Then mail number three knocked on the door of the
00:58:09.280 room. Jane Doe, quote, again, the quotes are quoting Jane Doe, decided to let him in because
00:58:16.080 it was his room. She opened the door and let mail number three in the room. Mail number three,
00:58:21.360 quote, introduced himself to Jane Doe and reached out to shake her hand, end quote.
00:58:26.880 Quote, when Jane Doe made contact with male number three's hand, male number three pulled
00:58:32.160 Jane Doe into him and they began making out. While male number three was kissing her, male number two
00:58:39.340 began groping her, end quote. Eventually, quote, male number two, male number three, and Jane Doe
00:58:46.640 would end up on the bed next to where male number one was sleeping, and they began to have a
00:58:53.720 threesome. Male number, this is in quotes, male number one would eventually wake up and said he
00:59:00.940 wanted to take part and asked about making it a foursome, to which Jane Doe said, quote, hell no.
00:59:08.900 Jane Doe rejected this request, quote, because she knew that a foursome meant that she would have to
00:59:13.460 take part in anal sex, end quote. Jane Doe then remembered male number three leaving the room.
00:59:20.600 So here you have male number two, male number three in bed next to male number one and beginning
00:59:30.480 to have what she calls a threesome in her six-page statement. Then she says male number one
00:59:37.900 wakes up and says, how about a foursome? And her response is hell no. She does not say they then
00:59:44.300 forced me to have a foursome. She says he proposed it. She said hell no. And then number three left
00:59:52.320 the room. A group of other men later determined to be male number four, number five, number six,
01:00:00.160 and number seven. Okay. So you've got four more. We've already dealt with males one through three.
01:00:07.900 And now we've got four more who come into the story.
01:00:11.720 Then entered the room.
01:00:13.240 A group of other men then entered the room.
01:00:15.900 Jane Doe hid under the covers of the bed.
01:00:19.240 Male number two laid in bed next to Jane Doe.
01:00:22.400 Male number one sat on the corner of the bed.
01:00:24.800 Male number one introduced the other males to Jane Doe.
01:00:29.380 Jane Doe had difficulty remembering parts of what happened next.
01:00:32.620 She remembered, quote, male number seven said something very rude and mean to her, end quote.
01:00:37.760 Male number seven apologized and, quote, grabbed her face and started kissing her, end quote.
01:00:43.660 Jane Doe, quote, quickly backed away to stop male number seven from kissing her, end quote.
01:00:48.540 Male number two, quote, asked Jane Doe if she wanted to do more ketamine, end quote.
01:00:54.580 At that, Jane Doe remembered that she had taken ketamine at some point on the couch
01:01:01.720 with male number one and male number two during this night, end quote.
01:01:07.120 but she could not remember, quote, where or when that took place.
01:01:11.740 So here she reveals that she did ketamine with males one and two earlier in the evening,
01:01:18.600 and she's now meeting male number seven,
01:01:26.200 and in the midst of that, male number two pipes in, do you want to do more ketamine?
01:01:30.600 Jane Doe thought that she, quote, had already done ketamine once, so why not do it a second
01:01:39.420 time? End quote. That's her. Jane Doe thought, quote, she had already done ketamine once,
01:01:47.460 so why not do it a second time? End quote. That is a thinking woman who's making a choice about
01:01:55.360 how she wants to feel in the process of this evening and not somebody on whom this drug was
01:02:01.760 forced. Somebody who says, oh, what the hell? I did it once. Why not do it again? This is why
01:02:07.600 prosecutors walked away thinking this was a drug-fueled, debauchery-filled evening, but it
01:02:14.580 was not forced drugs and gang rape, as the media would now tell you and she would now tell you in
01:02:20.880 her civil complaint. Male number two, at this point, poured a line of ketamine on his erect
01:02:28.140 penis, implying for her to snort the line. Jane Doe snorted the line of ketamine, which was a
01:02:34.240 heavy amount of ketamine. That was all quotes, by the way. This is her alleging this. At that
01:02:39.760 point, male number two poured a line on his erect penis. That's all her saying that I then snorted
01:02:44.680 the line of ketamine, which was a heavy amount of ketamine, end quote. Jane Doe was never under
01:02:49.820 the covers of the bed at that point. I'm sorry. Jane Doe was under the covers of the bed at that
01:02:54.480 point. And male number two got under the covers with her, where he again tried reaching for the
01:02:58.920 area of her vagina, end quote. I mean, let's just face it. Male number two is the aggressor
01:03:04.300 in this entire story. And as if I'm correct, is the guy in the Snapchat saying free P word upstairs.
01:03:11.900 If it's not, we'll correct that, but the complaint names these guys, so pretty sure I have my facts right, and seems to be the most aggressive here, but not a rapist, but continuously all over her.
01:03:28.860 The males begin complimenting Jane Doe, end quote, talking about how pretty she was, end quote.
01:03:35.600 Male number four, quote, asked Jane Doe if they could all do drugs off of her perfect body, end quote.
01:03:42.300 Jane Doe responded, quote, sure.
01:03:44.300 This is Jane Doe saying, sure.
01:03:48.020 First she says, ah, I'd already done ketamine once, so why not do it a second time?
01:03:52.980 Then they say, can we do drugs off of your perfect body?
01:03:55.920 She says, her response was, sure.
01:03:59.420 Sure.
01:04:00.380 Think about it.
01:04:01.200 I mean, for all these people, like, calling for these guys' heads, if this were your son
01:04:04.820 and you had a sworn statement by his accuser saying, sure, go ahead and snort the drugs
01:04:13.840 off me, yeah, I thought I'd do more ketamine because I'd already taken it once, why not?
01:04:18.900 And yeah, I was pretty into the threesome.
01:04:21.880 Do you think you'd be at your wits' end about what is being alleged about your kid by everybody?
01:04:27.340 I mean, this is kind of like Duke in that, you know, maybe minus 15%.
01:04:32.180 In Duke, everybody ran with their guilty.
01:04:36.140 Here, you've got some, even Sonny Hostin, to her credit, who pumped the brakes saying,
01:04:40.520 let me tell you about the law in New York State and spoke a bit to what I've been outlining here.
01:04:48.060 So sure, while the men were doing drugs off her body, quote,
01:04:52.440 Mail number three and another male entered the room and said something like, okay, we're shutting down whatever the fuck this is, end quote.
01:05:00.240 So there you have mail number three and some other guy whose name we're going to wind up knowing because he seems to be doing the right thing, saying we're shutting this shit down.
01:05:10.860 Jane Doe felt dizzy due to a pre-existing medical condition causing dizziness combined with the effects of ketamine use.
01:05:19.480 Male five or six, who apparently have the same name, quote, encouraged her to stay seated as long as she needed, end quote.
01:05:28.100 Eventually, quote, male number one and male number four ushered Jane Doe out of the room, brought her upstairs to a small room, end quote.
01:05:36.360 Male number one stated, let's do more ketamine, end quote.
01:05:40.180 Jane Doe, quote, remembered snorting more ketamine, end quote, end quote, remembered feeling extremely high, end quote.
01:05:46.880 Male number one, quote, said he wanted to have sex again
01:05:49.200 because he wanted redemption for passing out earlier in the night, end quote.
01:05:53.380 Jane Doe initially stated that she was tired and asked male number one, quote,
01:05:58.620 what happened to just you and me, end quote.
01:06:03.020 Can I tell you, this is the saddest line in the entire thing.
01:06:08.320 This is sad.
01:06:10.520 This girl obviously had the hots for male number one.
01:06:15.300 She went over to that fraternity house
01:06:16.640 wanting to hook up with him,
01:06:18.200 possibly get this guy as her boyfriend, who knows?
01:06:21.320 Male number one is the one
01:06:23.660 who introduced the idea of a threesome.
01:06:26.160 Male number one was obviously blitzed out of his mind.
01:06:29.820 Male number one allowed six other men
01:06:33.180 to come into the room
01:06:34.060 and appears to have been there the whole time,
01:06:37.700 her so-called friend.
01:06:39.980 And this woman who,
01:06:41.720 I'm just going to, you know, go out on a limb and guess possibly isn't the most attractive girl on
01:06:48.040 campus, possibly just a complete random stab in the dark has some history that made her
01:06:54.480 particularly vulnerable. Because I think most women, I can tell you for a fact, my daughter
01:07:01.720 would never have herself in this position. She is too strong in her ego. Like she is too sound
01:07:09.880 to ever make these decisions.
01:07:11.940 And I think possibly this young woman
01:07:13.820 may have been victimized in her past.
01:07:15.460 There may have been some sort of insecurity issue.
01:07:17.640 There was something there
01:07:18.400 that made her continuously say yes to this
01:07:22.020 as opposed to saying,
01:07:23.740 what in the actual fuck?
01:07:25.760 Get the fuck off of me and walk out of there
01:07:28.720 and say no to the ketamine and no to everything
01:07:31.180 and no to 10 drinks earlier and no to all of it
01:07:34.200 and think anything good is gonna happen
01:07:35.580 after 10 drinks showing up on the doorstep
01:07:37.280 of a fraternity member.
01:07:38.260 that's not to excuse them but it's also not to excuse her but this is the saddest thing
01:07:44.880 what happened to just you and me this is where these guys really need to examine their own
01:07:51.180 behavior that she wanted she wanted a boyfriend i think maybe she wanted to hook up she clearly
01:07:57.020 had a crush on this guy male number one has got a lot of soul searching to do why why was that
01:08:04.040 your response? Why? Why was your instinct to take advantage of her and, and let her be had
01:08:11.440 by all these men in your fraternity? It's despicable. It's just so filthy. It's, I mean,
01:08:20.460 it's shameful. It's wrong. It's wrong. It's morally wrong. I don't, you won't find me
01:08:27.380 disputing that, but it's not a crime unless certain legal boxes are checked and they're
01:08:34.200 not here. Let me keep going. Jane Doe could not remember how it started, but she then engaged in
01:08:42.540 a threesome with male number one and male number four involving oral sex and vaginal sex. She
01:08:48.760 described her level of intoxication as quote, eight out of 10 at this point, quote, the threesome
01:08:54.200 continued until at some point around 5.45 a.m., Jane Doe said she was tired and needed to turn in.
01:09:02.820 This is all in quotes. At that point, both guys stopped the threesome with her as far as she can
01:09:08.700 remember, end quote. So she is communicating. She openly asks male number one, what happened to just
01:09:16.980 you and me? And she remembers it. She couldn't remember exactly how it started, but then she
01:09:20.840 knows she engaged in a threesome with that guy, male number one and male number four. She was
01:09:27.360 very intoxicated because she said, sure, because she said, I've already done ketamine once. So why
01:09:34.820 not do it a second time? Because she had 10 drinks before she even showed up there. Because when
01:09:39.340 handed that beer, when she arrived, she opened it and drank it. That's why she was so intoxicated.
01:09:47.380 That's why she was eight out of 10 at this point, but communicating and then calling it a night.
01:09:53.420 She said she was tired and needed to turn in. At that point, both guys stopped. They stopped.
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01:12:07.980 I'm Megan Kelly.
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01:13:51.520 Let me tell you about the law in New York state. Okay. It's just, I got my coffee here. Remember
01:13:59.580 we talked about over the summer, five cups of coffee a day or up to supposed to prevent dementia.
01:14:04.820 Okay, I'm still drinking it.
01:14:08.280 It's delicious.
01:14:13.240 Also, while I'm remembering it, AFK,
01:14:16.500 the slang is away from keyboard,
01:14:20.840 at least according to some of the things online.
01:14:22.960 So whatever, there seemed to be suggesting
01:14:24.800 he went up there and he's not back
01:14:26.360 in that Snapchat screen grab,
01:14:30.000 which by the way, was also released to her
01:14:32.540 from one of the Kifi members.
01:14:34.820 And I have to say, good for him. He was probably horrified when he saw it was on there and wanted her to know. And, you know, whether all of this could possibly amount to a civil case, it can't. But I share his disgust in reading the Snapchat. You know, I don't think the boys should be spared from embarrassment.
01:14:56.580 It's not great to have the entire national media
01:14:59.360 calling them gang rapists and all these celebrities.
01:15:02.640 We've gone too far, of course,
01:15:04.260 because we're very fucking pitchforky.
01:15:07.560 But they did wrong in that Snapchat.
01:15:11.460 And this is wrong.
01:15:12.840 I mean, all this behavior is wrong, as I've conceded,
01:15:15.780 but not illegal in my view.
01:15:18.260 All right, let me tell you the law.
01:15:20.400 Under New York State Penal Law 130.05,
01:15:22.680 every sexual assault offense requires proof
01:15:25.140 beyond a reasonable doubt, that the sexual act was committed without consent of the victim.
01:15:30.960 Without. As it relates to this case, this is from the DA statement. As it relates to this case,
01:15:36.600 lack of consent can result from, now stay with me, number one, forcible compulsion by the actor.
01:15:44.180 Number two, mental incapacitation of the victim. Number three, physical helplessness of the victim.
01:15:51.520 or number four, with certain criminal charges
01:15:54.080 where the victim clearly expressed
01:15:56.140 that she did not consent to the act.
01:15:58.120 All right, we're gonna go through those.
01:15:59.720 Under New York state law,
01:16:01.100 forcible compulsion, writes the DA,
01:16:03.840 requires proof of the use of physical force
01:16:06.560 to compel someone to engage in sexual conduct.
01:16:09.420 The facts provided by Jane Doe's statement
01:16:10.880 do not allege that any person used physical force
01:16:13.040 to compel Jane Doe to engage in sexual conduct.
01:16:15.760 Can't we all agree to that?
01:16:16.720 There's nothing, there's nothing.
01:16:17.980 There's nothing in the CBS report
01:16:19.240 that looked at the statements to cops,
01:16:22.740 the ABC report that looked at the six-page statement,
01:16:25.200 the DA report that looked at the six-page statement,
01:16:27.820 the civil complaint that alleged forcible compulsion,
01:16:33.460 that the civil complaint is alleging incapacitation.
01:16:36.360 That's what they're alleging, not forcible compulsion.
01:16:38.660 So that's number one, gone.
01:16:40.760 The second one, possible way of getting to lack of consult,
01:16:44.220 consent is mental incapacitation of the victim. Here's the DA under New York state law,
01:16:51.680 mental incapacitation occurs when a victim is rendered incapable of controlling her own conduct.
01:16:59.360 Stay with me. Due to the administration of a drug without her consent, incapable of controlling her
01:17:07.420 own conduct, which is its own independent element, due to the administration of a drug
01:17:13.200 without her consent. And this is very clearly going for the rohypnol cases. The guy slips you
01:17:23.000 a Mickey. You then pass out. He then rapes you. There it is. That's mental incapacitation. That's
01:17:31.040 what New York's law is getting at with mental incapacitation. And the DA here says the facts
01:17:36.060 provided by Jane Doe's statement
01:17:37.280 to not allege that she was either rendered
01:17:40.080 incapable of controlling her own conduct
01:17:42.200 or that any drug was administered to her
01:17:46.080 without her consent.
01:17:48.940 Under New York state law,
01:17:51.700 because the third prong possible way
01:17:54.840 of proving no consent is physical helplessness,
01:17:57.460 and this is important.
01:17:59.000 Under New York state law,
01:18:00.080 physical helplessness occurs
01:18:01.880 when a victim is unconscious.
01:18:06.060 or physically unable to communicate unwillingness to act.
01:18:12.300 This is what they're going for, physical helplessness.
01:18:16.720 They can't be going for mental incapacitation
01:18:19.260 because the administration of the drug,
01:18:22.160 it was not without her consent.
01:18:23.340 I mean, I guess they can argue she consented,
01:18:26.020 but she wasn't really consented
01:18:27.140 because she was too incapacitated to consent.
01:18:30.380 But that's not gonna fly.
01:18:32.340 If you look at that, we looked at the case law
01:18:34.160 On this prong, mental capacitation, when you're rendered incapable of controlling your conduct due to the administration of a drug without your consent.
01:18:41.640 And it really is speaking to when somebody else gave you the drug and you didn't consent to the drug at all, and then you were incapable of behaving in the way you'd want to behave.
01:18:55.160 So physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act.
01:19:04.160 This is truly the rehypnol scenario.
01:19:07.440 You're, whatever, you're physically passed out.
01:19:11.860 It doesn't have to be rehypnol.
01:19:13.540 This is like, you drank so much, you passed out
01:19:16.300 and you are all but dead to the world.
01:19:18.520 And some guy gets on top of you
01:19:19.800 and starts having sex with you, which is rape
01:19:22.700 because you're not consenting.
01:19:24.260 You're so far gone, you don't even wake up.
01:19:28.140 And that's what this is,
01:19:30.700 that you are physically helpless.
01:19:32.980 You're unconscious or you're physically unable to communicate that you don't want this.
01:19:39.860 So, I mean, that's very clearly rape.
01:19:43.340 And what we have here is a situation where she was very high and very drunk due to the drugs she chose to take, the drinks she chose to have.
01:19:56.440 and then is not alleging a situation
01:20:03.620 when she sat down with police
01:20:04.960 where she was incapable of controlling her own conduct.
01:20:08.040 She was swatting away male number two
01:20:10.640 as he reached for the vag.
01:20:12.420 She was declining a foursome
01:20:14.760 because she didn't want to do anal.
01:20:16.920 She was calling it a night
01:20:18.980 when the evening progressed too late
01:20:24.000 or too early into the wee morning hours.
01:20:28.100 She was making decisions.
01:20:29.020 She was patting the one guy's back
01:20:30.760 so that he'd feel better.
01:20:33.280 She was saying, I'm waking up male number one
01:20:36.560 to make sure he's okay.
01:20:38.380 This is not somebody who cannot control her own conduct.
01:20:42.460 Even the calling it a night,
01:20:44.240 even looking at male number one and saying,
01:20:46.540 whatever happened to just the two of us,
01:20:48.980 that is controlling your conduct.
01:20:50.840 She is not unable to control her conduct.
01:20:53.740 So she does not meet mental incapacitation, which is the third prong, where a victim is
01:20:58.620 rendered incapable of controlling her own conduct due to the administration of a drug
01:21:03.360 without her consent.
01:21:04.620 Again, she had consented to the drug and she could control her own conduct.
01:21:08.340 So they've got to go for physical helplessness, the fourth prong.
01:21:11.840 And that only occurs when the victim is unconscious, which she wasn't, she doesn't even
01:21:17.160 allege it, or physically unable to communicate unwillingness to act.
01:21:21.360 She was able to communicate unwillingness to act.
01:21:24.440 She said, I do not want to have a foursome.
01:21:26.920 She pushed the guy's hand away saying, stop, I don't want you to touch the vag to mail
01:21:31.680 number two.
01:21:33.160 She was checking on mail number one.
01:21:36.760 She was rubbing the back of mail number two.
01:21:38.640 She was able to communicate an unwillingness to act.
01:21:44.420 She told them she wanted to call it a night and did not want to keep this rolling.
01:21:48.580 So this is, you know, her own statement makes it clear that there's no way they're going to successfully bring charges.
01:21:58.920 And the Snapchat, back to the Snapchat, it's nasty, free P word upstairs, it's fucking gross.
01:22:06.220 But that doesn't make this any more illegal.
01:22:10.440 Let me just put it to you this way.
01:22:12.060 If you've got a loose woman, however you want to discuss, you know, choose your term.
01:22:18.580 sexually liberated, the left might say, upstairs saying, bring it on. You know,
01:22:23.960 Bonnie Blue is up there. He's had sex with a thousand men in a night.
01:22:28.360 That would be free P word upstairs. And there would be absolutely nothing wrong
01:22:32.240 if Bonnie Blue was up there saying, send him up, trying to meet a record here
01:22:36.500 with these guys. It'd be something morally disgusting about it, but there wouldn't be
01:22:40.560 anything even arguably legally wrong with them going upstairs and doing that.
01:22:44.460 And so the Snapchat messaging is gross. Don't defend it as a moral matter, but I can defend it as a legal matter because it doesn't say, let's gang rape Jane Doe. It seems to be telegraphing. There's someone up there who's ready, willing, and able to have sex with a lot of guys.
01:23:04.820 And I can see why male number two thought that.
01:23:10.640 I can see exactly why he thought that.
01:23:14.000 Because she kept doing it.
01:23:16.160 She seemed like a girl who wanted a party.
01:23:19.400 Sure, snort the lines off my body.
01:23:21.980 Go for it, new four guys.
01:23:25.120 This is her statement we're getting this from.
01:23:28.040 The boys have issued no statement.
01:23:30.640 I don't think it's going to get better for her when the boys issue their statement.
01:23:34.560 This is her statement.
01:23:36.440 Sure, let's do lines off of my naked body.
01:23:41.040 Why not with some more ketamine?
01:23:43.360 Even though I know I already did it earlier,
01:23:45.740 I'll sniff a line of ketamine off of your erect penis, okay?
01:23:51.320 By the way, erect penis man is, I believe, male number two,
01:23:54.540 free P word upstairs.
01:23:55.540 I'm sorry, it's not nice,
01:23:57.160 but you can see why he didn't have a belief about this gal,
01:24:01.360 that she was the most demure, chaste woman at Cornell.
01:24:07.840 I'm sad for this girl.
01:24:09.060 I'm sorry for her.
01:24:10.880 I think it got out of control
01:24:12.280 because of the drinking that she had done.
01:24:14.680 And there should have been somebody looking out for her
01:24:16.800 in a perfect world, you know?
01:24:18.160 I don't know, somebody, a tridel, a friend.
01:24:21.180 But that's not the way real life works.
01:24:23.340 And you go to college, you're coming of age.
01:24:25.780 You're learning the rules of the world.
01:24:28.000 You are learning what's dangerous
01:24:30.100 and what's not. And I'm sad for this girl that she learned this lesson in such a hard way because
01:24:38.400 she fell into the clutches of men who are immoral, or at least were behaving immorally that night.
01:24:47.520 That's an entirely different question than whether we should lock them up for 20 plus years.
01:24:53.220 And that's just not what happened here.
01:24:57.100 These guys thought they had a willing, happy partner who wanted to try something new, something subversive, who was asked, how about a threesome?
01:25:12.240 and said yes and did not say even by her own allegation stop at any point in with her body
01:25:23.140 or her words when it came to the actual sex acts that she did engage in ultimately she did and
01:25:29.200 they listened along the way she did with the foursome and they listened this is a problem
01:25:36.020 for her legally. The DA goes on, there is no evidence in her statement that she was unconscious
01:25:46.060 or unable to communicate. And he points out the failure to remember certain events days later is
01:25:51.900 not sufficient evidence of unconsciousness at the time. And he writes, finally, there's no evidence
01:25:57.940 that her statement indicates she clearly expressed she did not consent. According to the statement,
01:26:02.500 each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus,
01:26:07.140 with no evidence of a lack of consent, criminal charges simply could not be sustained. To instruct
01:26:12.440 otherwise would have been to violate any prosecutorial obligations under New York state
01:26:16.800 law. And even the DA says here, while the behavior of certain Chi-Fi fraternity members was without
01:26:22.500 question disgusting and morally reprehensible, the foundation of the criminal justice system
01:26:27.120 is that criminal prosecutions must be based upon evidence, not emotion.
01:26:32.720 As elected DA, I'm personally responsible for the decisions made by my office.
01:26:37.320 The decision made in November of 24 that the evidence did not support the filing of criminal charges was legally correct.
01:26:44.840 Individuals who are accused of committing a crime must be prosecuted based on evidence,
01:26:48.540 not public opinion, especially not public opinion based on false information.
01:26:53.380 However, recognizing that the process of healing from trauma is personal and different for every
01:26:58.540 human, my office has reopened the investigation as described below. He adds below,
01:27:06.200 I recognize the reality that it can take years of therapy and healing for victims of sexual
01:27:12.660 assaults to fully process and understand what happened to them. Seeking justice sometimes
01:27:17.940 requires us to reconsider or reopen cases when we are provided with additional evidence.
01:27:23.100 That process obviously works better when the additional information comes directly from
01:27:26.920 a witness, his or her representative, or the police, rather than through allegations set
01:27:31.720 forth in a civil lawsuit, but getting to the truth is the goal in this case, and therefore
01:27:35.940 he's convening a grand jury to look at all this.
01:27:40.160 I'll tell you one other piece of this.
01:27:42.220 There was at least one text between Jane Doe and one of the men involved in this. CBS News New York has obtained screenshots. And they report that the text messages were exchanged between the Cornell accuser, Jane Doe, and one of the men named in the civil lawsuit shortly after, they say, shortly after the alleged incident.
01:28:05.600 The man, reports CBS New York, begins by apologizing for, quote, how things went down, end quote.
01:28:14.260 He says his memory is, quote, kind of fuzzy, end quote, and that he and another man feel bad for being too intoxicated to, quote, shut it down and kick people out before it got way out of hand, end quote.
01:28:27.000 Jane Doe reportedly replies that her memory is, quote, super clouded too, end quote, and says that they had all been heavily intoxicated.
01:28:38.580 She also writes, quote, none of the sexual stuff was illegal, end quote.
01:28:45.960 None of the sexual stuff was illegal.
01:28:48.660 Now, again, that the DA is not bound by that either.
01:28:52.680 He'll determine what's legal and what's not because he knows the law and she doesn't.
01:28:56.080 But this does not sound like the woman in the civil case now with she arrived totally incapacitated and then was gang raped repeatedly by, you know, hordes of derelict, disgusting Cornell University students.
01:29:13.060 She's saying none of the sexual stuff was illegal.
01:29:16.980 She continues writing.
01:29:18.860 She liked being with him and another man.
01:29:23.180 She liked it.
01:29:24.400 I got, I got money that this is male number one, the one she had the crush on, the one who opened
01:29:29.820 the door for her, gave her a beer and was involved in the first incident and fell asleep on the bed
01:29:34.280 and all that. She liked being with him and another man. Later, she suggests that they smoke together
01:29:43.600 again, quote, but like leave out the extra 5 billion men in ketamine.
01:29:48.640 she wants to get back together with him she wants to have another interlude involving drugs
01:29:55.580 presumably marijuana but not the ketamine because i'm sure she is embarrassed and ashamed about
01:30:01.080 where that led and it sounds like he is too she liked this guy again what what happened to just
01:30:07.560 the two of us again i'm just assuming it's male number one but obviously there's a reason to
01:30:12.060 assume it. Her lawyer, Thomas Jiffra, confirms to CBS New York, his client did exchange texts
01:30:19.520 with one of the defendants soon after the incident. He could not, however, confirm whether
01:30:24.020 these were the specific texts. He says she was intoxicated to the point of incapacity that night.
01:30:29.540 She was traumatized and in denial and was trying to gather information. He argues she could not
01:30:36.420 take an aggressive tone if she wanted answers. So this is her trying to work this guy for an
01:30:43.440 admission, I guess, according to her lawyer. I don't believe that. Now, I do believe that rape
01:30:50.340 victims sometimes don't fully process what happened to them until later. And I do know
01:30:57.880 that some rape victims try to normalize what happened to them after the rape by talking about
01:31:07.760 it in a way that diminishes its awfulness. It's a, it's a coping mechanism. You know, that,
01:31:14.060 that is true. And I haven't ruled that out in terms of Jane Doe's statement to the investigators,
01:31:22.460 But, I mean, those statements, I just, we haven't heard an updated statement from Jane Doe.
01:31:31.540 All we've heard is sweeping terms from her lawyer about how she was allegedly too incapacitated to consent.
01:31:39.280 And what she's saying at the time is detailed statements in quotes and decisions that she says she made throughout the incident, as the DA said, in excruciating detail.
01:31:52.460 that show she was not incapacitated out of her mind.
01:31:57.380 I'll do the threesome, but not the foursome.
01:32:00.080 I'm worried about that guy over there passing out or worse.
01:32:03.440 He's asleep and male number one is the one I like.
01:32:05.920 And so let's all wake up and make sure he's okay.
01:32:08.500 Oh shit, male number two's throwing up or about to.
01:32:11.060 Got to make sure he's all right.
01:32:12.800 Do I want ketamine?
01:32:14.020 I actually, yeah, why not?
01:32:15.000 I tried it already.
01:32:15.760 I'll do it.
01:32:16.340 And I'll snort it off of male number two's erect penis.
01:32:19.860 That's a detail we got from her.
01:32:22.460 This this just doesn't it doesn't fly as the product of a woman who was completely incapacitated.
01:32:31.480 And that's her only way forward.
01:32:33.860 Her only way forward is to allege that she she's not even in her complaint that she's
01:32:38.680 filed now, the civil complaint alleging anybody held her down.
01:32:42.320 This is a forcible rape situation from that standpoint.
01:32:44.860 She's alleging she was totally incapacitated and that they she couldn't possibly have consented.
01:32:49.960 Well, as I point out, the law under New York is if you're totally incapacitated because you took a bunch of drugs, they don't recognize that as sexual assault unless you get to the point of complete physical incapacitation, which means you're unconscious or incapable of speaking.
01:33:10.400 And she does not allege that.
01:33:12.980 She doesn't even allege that.
01:33:15.500 We're not there.
01:33:16.760 All right. Now, having said all of this to you, I want to talk to you about what is happening in the national narrative around this, because it's it's genuinely sad.
01:33:30.440 It's genuinely, genuinely sad what's being done to these young men that they have a price to pay.
01:33:36.300 I would submit it is in the pew with the Lord daily. That's where I'd make my kid start.
01:33:46.220 Not that one of my kids would ever do such a thing. But that's where it should start.
01:33:54.200 You know, I mean, honestly, like talk to your kids, talk to your boys about how hopefully you've
01:34:00.040 already lived this, but like literally say out loud to them, this family believes in leading
01:34:07.380 with love in relationships. Say that. This family believes in leading with love in relationships,
01:34:15.620 friendships, romantic relationships, intimate relationships. And every bit of our conduct
01:34:23.360 should follow that credo. Cruelty, rudeness, casual nastiness, and certainly any forcible harm
01:34:35.060 or violation of the criminal law would not be consistent with our family code, with what this
01:34:40.840 family stands for, with what's important to us as your parents. As you go out there into the world,
01:34:47.660 Say it, say it, make them understand it's the family creed and you expect them to live
01:34:53.420 up to it.
01:34:53.900 Don't just leave it up to, maybe they'll glean it from the Sunday sermon, maybe their ethics
01:34:58.860 class in high school will cover this, maybe just by loving your other spouse, they'll
01:35:03.680 see it.
01:35:04.240 No, say it, make them learn it and pray that in a situation where derelicts at an Ivy League
01:35:11.920 university and a fraternity are around them all making the wrong decision, your child
01:35:17.400 will remember the family creed.
01:35:21.200 That your family will be like the random man
01:35:24.080 who's not been named as walking into the room
01:35:27.260 and saying, we are shutting this shit down.
01:35:30.480 Putting an end to this fucking situation,
01:35:32.640 wherever the fuck this is, he said.
01:35:34.960 Unfortunately, it didn't stop there.
01:35:36.660 He didn't actually shut it down
01:35:38.420 because the third interlude came after that.
01:35:40.460 But that's the prayer.
01:35:42.840 Um, but here's what's happening. All right. Cause yes, there, you know, two have been expelled
01:35:51.300 with which I have no problem because honestly, it's a terrible behavior and all the ketamine
01:35:55.720 alone could probably get you expelled. Um, and others temporarily expended the media is running
01:36:01.120 with the narrative of, Oh, the boys were just told to write essays. That's not true. Cornell's
01:36:05.320 issued a statement. And like the notion that in Ivy league university or any university in America
01:36:09.720 would be its instincts would be to go easy on the guys and dismiss the word of the woman as a
01:36:15.980 nothing when when it wasn't is just so absurd. These people, these actors, they haven't been
01:36:21.920 covering these cases as I have and as so many on the right wing have for years. This has been
01:36:27.660 a primary beat of mine since I was at the Kelly file and before. And let me tell you that Joe
01:36:35.400 Biden and Barack Obama before him made it very clear that they wanted the rules under Title IX
01:36:41.520 to be as as generous to alleged victims and as unfair to alleged defendants as humanly possible.
01:36:53.380 Now, Trump righted that ship and just restored due process rights. But for years, it was you
01:36:58.800 weren't allowed to cross examine your accuser. You as a defendant male were not allowed to see
01:37:03.680 text messages that she had sent right after the alleged rape. And then years later, if if a leak
01:37:09.460 happened where the defendant got his hands on text by his alleged victim saying, ha ha, I fooled him
01:37:15.520 into having sex with me. And now I'm accusing him of rape falsely. We'd go back to the university
01:37:19.780 and say, what the fuck? You expelled me. You ruined my life. And here are these texts. And
01:37:23.680 the universities would say, oh, we stand by our decision. And then boys would appeal it. You can
01:37:27.520 appeal the decision up to a federal district court. But they would say, oh, you know, the
01:37:31.000 standard is so deferential, we're going to let it stand. The guys' lives have been getting ruined
01:37:35.520 for decades over the university's instinct and inclination to immediately side with a woman,
01:37:45.920 the Believe All Women Cruz. So just stop, okay? Even though Trump has restored some due process
01:37:50.260 on college campuses, there is zero chance that Cornell was like, oh, we'll just make them write
01:37:55.960 an essay. That is, that is not happening at Cornell. No way. So they've paid a price, but
01:38:02.620 the media, celebs, et cetera, wants them to pay with their freedom, with their lives.
01:38:09.500 I'm going to give you a couple examples. Okay. Okay. Here's Mariska Haggerday. She just hosted
01:38:18.480 the Emmys with her daughter who's 15 and had her breasts toppling out of her dress,
01:38:26.420 her daughter, her 15-year-old. Now she wants to lecture us on what should happen in a case like
01:38:31.760 this. Quote, dear men and boys, if your friends tell you they're gang raping someone, call the
01:38:36.420 fucking police. Yes, I think we should ruin the futures of adult men who drug and gang rape a
01:38:41.600 woman. Thanks for asking. 57 men were in that fraternity group chat. 57, not one of them stopped
01:38:46.760 it. Well, that's not true. Actually, two of them did go in there. One of them said we're shutting
01:38:51.240 this shit down. But there is not a text with friends telling anyone they are, quote, gang
01:38:57.460 raping someone. That does not exist. But you wouldn't know that if you just watch left wing
01:39:01.700 media. Josh Gad, voice of Olaf and Frozen on Instagram. When we start setting a precedent
01:39:08.720 that our girls and women can be brutally raped and the resulting disciplinary action is to hand
01:39:13.160 out, checks notes, essays, like it's Bart Simpson being a little rascal about why it was wrong to
01:39:19.480 brutally violate an innocent girl. We've lost our fucking minds. At this point, it doesn't seem to
01:39:23.600 matter if a woman accuses a president, a Supreme Court justice, a private university student, or an
01:39:28.060 athlete. There is no such thing as white collar rape. Okay. This guy named Hudson Williams, star
01:39:34.420 of heated rivalry on Instagram, writes as follows, quote, arrest them, fuck them, and fuck Cornell
01:39:41.220 too. You don't know what you're talking about. Actress Jamila Jamil, best known for NBC's The
01:39:46.720 Good Place on Instagram, writes, I think the likes of the Cornell 7 shouldn't be allowed
01:39:52.660 penises anymore. They use them as weapons, so now they have to be confiscated. I think jail time,
01:39:59.540 legal castration, and a removal of the shaft seems like the bare minimum. Come on.
01:40:05.240 this is read the woman's statement jamila read it for yourself actress florence pew
01:40:16.360 of little women on instagram i'm processing quietly and watching everything and everyone
01:40:23.440 and every man you need to be leading conversations about how we can change the allowance and
01:40:27.900 complicity of this behavior as much as we are to jane doe who bravely stood up to the despicable
01:40:33.380 college that chose to do the wrong thing. You are so unbelievably powerful, so strong-willed,
01:40:38.460 and know that women everywhere are here to hold you and help you on your healing journey.
01:40:43.580 I actually would love to help Jane Doe on her healing journey, and I believe she needs to be
01:40:49.480 on one. I do. I'm sure this is extremely traumatic, what happened that night. And I think it's
01:40:56.520 extremely traumatic because I think she consented. And I'm sure she's having to live with the shame
01:41:03.260 an awfulness of that, of being treated like a piece of meat who didn't matter,
01:41:08.640 who was basically just a fuck buddy by these guys at this fraternity.
01:41:13.720 I don't blame her for being traumatized.
01:41:16.060 I bet she really is.
01:41:17.920 But that doesn't mean she gets praised as a national hero, folks.
01:41:23.240 That is not the move here.
01:41:26.840 Read the facts as she has alleged them.
01:41:31.000 This is before we've heard from the boys.
01:41:33.260 And since we often beat up on Sonny Hostin here, with good reason, let's face it, I will play her soundbite getting this right. Watch.
01:41:44.080 And while this is something that we have to take very seriously, there is no way, according to her statement in 2024, that any prosecutor would have brought forth a case.
01:41:53.380 Yeah, but she was intoxicated. How did she?
01:41:55.400 under new york law again under new york law voluntary intoxication if you voluntarily drink
01:42:01.960 10 beers yeah and you voluntarily ingest ketamine but that intoxication that doesn't have anything
01:42:10.100 to do with the fact that the guys attacked her whether she's drunk or not well according to her
01:42:15.200 she says she did they did not attack her her statement in 2024 she um my issues with this
01:42:23.680 She consented to the sexual activity.
01:42:26.060 She consented to it according to her own statement in 2024.
01:42:30.120 Now, I prosecuted sex crimes for 10 years.
01:42:32.840 I believe women.
01:42:34.360 I am not saying that we shouldn't believe her.
01:42:36.140 But in 2024, she said one thing.
01:42:38.240 And now in 2026, she's saying another thing.
01:42:41.620 Good for her.
01:42:43.080 Her daughter's at Cornell right now, I think.
01:42:47.040 Or went to Cornell, at least.
01:42:49.940 On the other hand, here's AOC.
01:42:52.440 seven men drugged and gang raped a 20 year old woman they lured her in to a fraternity house
01:43:05.200 they drugged her with ketamine they then posted to a group chat that she was incapacitated
01:43:12.640 and seven men took turns gang raping her for seven hours their fraternity knew this was reported
01:43:22.280 to Cornell University, and after looking into this matter, they expelled two of them and
01:43:30.140 made the rest write essays as their form of punishment.
01:43:36.940 I want to be clear that the culture of rape, sexual assault, and pedophilia is protected
01:43:48.940 protected in elite institutions across the United States and including Cornell University in this
01:43:55.260 instance. Pedophilia, she's right. I mean, she actually has a point on that one. But the culture
01:44:02.480 of rape is protected at universities. Again, refer to my earlier points. By the way, there is nothing
01:44:07.180 on here about admitting that they drugged her. I've read you the entire thing. Free P word in
01:44:14.040 alum PU. This is crazy work free. Blank went seven minutes ago and is not AFK at away from
01:44:22.860 keyboard. I don't know. So fucking love Chi-Fi. Chi-Fi. The alumni shit is not a bit. First person
01:44:30.160 POV, not a bit. Like you can walk in and whip it out. That's from male number one. There's nothing
01:44:36.820 on there about she's drugged or you can drug her. That's just lies. Those are lies. Here's
01:44:42.120 jake tapper bringing up his own daughter to da matthew van houten sought to you know i have a
01:44:49.160 daughter i can't imagine how mad i would be if if a district attorney handled this case that way
01:44:59.780 for my daughter it's just do you not acknowledge that your office dropped the ball by not looking
01:45:08.160 more into what happened i'm not saying i know what happened i'm just saying based on the document
01:45:13.360 you had i want to know more about what happened and that's correct me if i'm wrong your job
01:45:21.760 my job under the new york state constitution is to apply the penal law of new york state
01:45:28.280 we are constrained by that law whether you agree with it whether you think someone's conduct is
01:45:33.920 morally repugnant or vulgar or disgusting, I'm still constrained by the law. Jane Doe remembered
01:45:40.600 explicitly virtually everything that happened that evening. And the fact that Jane Doe retained
01:45:48.480 an attorney, no one reached out to us. If she remembered more, if she had more insight in the
01:45:55.620 last two years, that attorney knows very well how to contact my office to say she's dissatisfied
01:46:02.000 with your decision. Let's sit down and talk. Good for him. Jake Tapper knows nothing. He
01:46:08.560 knows absolutely nothing. Do a little research on the law before you try to avenge the women
01:46:13.500 of America. You'd be so outraged at the DA. I think you'd be outraged at your daughter
01:46:19.600 if you read her own statement that over and over she said, sure, sure, sure.
01:46:27.920 it's a very sad case but not for the reason the media will tell you tomorrow we will be speaking
01:46:34.860 with one of the lawyers or one of the defendants we'll see you then thanks for listening to the
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