00:02:41.140Well, this week we're learning a lot more
00:02:42.840about what happened at the time. And in particular, what she said happened at the time
00:02:49.620and the fallout continues. So look, we're going to go through this together. And by the end of this,
00:02:56.680you're going to know exactly where things stand. I don't purport to know exactly what happened
00:03:02.340that night, but I see some serious problems with any potential rape case that the DA may try to
00:03:12.060bring, some legal problems. None of this is to excuse the bad behavior by the young men involved
00:03:20.720or by this woman or by her. What I see is a couple in particular of young men who behaved in a way
00:03:31.860I would be incredibly ashamed of my own sons were they ever to behave this way. And I would like to
00:03:41.520believe, and I do believe, that my husband and I have raised them in a way that they would never
00:03:47.340participate in what went down inside that fraternity house as admitted, as admitted, okay?
00:03:54.360Like, well, I guess I shouldn't say admitted because the boy's statements haven't been given
00:04:02.140and we don't know exactly what they're admitting to. But I guess I should say, at a minimum,
00:04:07.500If 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.
00:04:24.760You 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.
00:04:46.220That's a whole different kettle of fish.
00:04:48.840That's the kind of thing that gets you in jail for 20 years.
00:04:51.940So 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.
00:06:34.160And the pattern is often that a woman will have shame
00:06:38.680about a night like this for obvious reasons.
00:06:41.620And 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.
00:07:06.000a much more comfortable place for a young woman who participates in multiple threesomes with
00:07:13.600different men on one night to be. It's just a much, much better place to be. I'm not a slut.
00:07:23.720I'm not easy. I'm not a humiliated, desperate, give it up to anybody,
00:07:31.420you know, person doing drugs off of a man's penis. That's not me. I was coerced. I'm a victim.
00:07:42.160There are bad people involved in this, but I'm not one of them.
00:07:47.340And I'm sorry, but you know, three weeks, like if you were violently gang raped repeatedly over
00:07:56.080the course of an evening, do you think it would take you three weeks to call the campus police
00:08:01.140And do you think you'd call the campus police at all?
00:08:04.420Don't you think you'd be calling the Ithaca police?
00:08:08.080Wouldn't it be an all-hands-on-deck situation to get these bastards arrested?
00:08:14.840The delay, the chatting with the friends, and then the decision to go to campus police says a lot to me.
00:08:23.300And that's to say nothing of her initial statement to those police.
00:08:42.760I deactivated because I was with a lacrosse player for most of my college experience and
00:08:48.600the parties in the Greek system didn't allow the athletes if they weren't Greek members.
00:08:53.420So I was much more interested in spending time with my lacrosse player boyfriend than
00:08:58.240I was with men of the Syracuse fraternities. So nothing against Tridel, but I did deactivate
00:09:06.060while in college. In any event, absolutely no reason to cover Tridel favorably or unfavorably.
00:09:14.120So she's filed a lawsuit, a civil lawsuit asking for money, compensatory and punitive damages.
00:09:20.040She 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.
00:09:46.280they will be in trouble for doing that. It won't be because she got raped. It'll be
00:09:52.460something less than that. But they're not kidding around in New York State when it comes to
00:09:57.000under 21-year-olds who get served and then bad things happen to them after the fact.
00:10:01.460It's a terrible position for a bar to be in, which is why most bars in New York State are
00:10:06.280pretty good about enforcing the 21 or under, you know, 21 years old to drink rule. I can say that
00:10:14.080having attended a university in the state of New York and having grown up there and spent 50 years
00:10:17.680of my life there. Okay, so back to Cornell. She sued Cornell. She sued Tridel. She sued Chi-Fi.
00:10:24.540She sued advisors of the fraternity. She sued the national organizations of that fraternity
00:10:30.320and that sorority. And she has sued seven men claiming that they gang raped her or in some way
00:10:38.240participated or facilitated her gang rape. And I'm just going to tell you, one person's threesome
00:10:49.480is a greedy tort lawyer's gang rape. And that's really what this case comes down to.
00:10:57.740Were these threesomes, and there was more than one, that she engaged in voluntarily,
00:11:03.400Or were they gang rapes, as every single media outlet now would have you believe?
00:11:10.620Because the press saw gang rape at Cornell, an Ivy League university, and was delighted to run with that story.
00:11:20.540And just the same as they did with the Duke players down in Durham 20 years ago.
00:11:25.540I mean, they were very quick to believe that elite students at Duke University who played lacrosse, 100% they gang raped that poor black stripper.
00:11:39.520And 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.
00:11:57.600Because 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.
00:12:17.880Now, this is a different case because these men accused, many of them, do appear to have laid hands on Jane Doe.
00:12:27.120Again, 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.
00:12:44.320Because even this woman, as she hurls rape accusations, is saying, here's exactly what happened and with whom.
00:12:51.100I think this dispute will come down to, was it forcible or not? Did she consent or not? Did she
00:12:59.400have the ability to consent or not? Or was she physically incapacitated? So it's not the same
00:13:06.940as Duke. Duke was one of the most outrageous cases I've ever covered. It was the story I cut
00:13:11.740my teeth on as a young reporter at Fox. It was so outrageous because it was entirely fabricated
00:13:17.200and you had a media narrative that swallowed it hook, line, and sinker because of the rich boys.
00:13:23.860By the way, they weren't all rich. Because of the skin color, they were white, she was black.
00:13:29.560Because of the nature of Durham housing a university like Duke, Durham's majority black,
00:13:37.340minority, and Duke's not. And just the privilege that was involved, the so-called privilege or
00:13:44.860perceived privilege, not to mention the lax bro culture, et cetera. But it was an outrage. Those
00:13:49.040boys did nothing wrong. They were the victims. And Crystal Mangum was the villain. She was
00:13:53.700absolutely the victim. A lot of people took it easy on her saying, oh, she has mental problems.
00:13:57.380I don't give a shit. She was fine. She wasn't well. She wasn't like a well person, but she did
00:14:02.400this willingly. She had the DNA, the semen of five other men inside of her on the night she accused
00:14:07.800these three Duke players of raping her. Not one of whom was a Duke lacrosse player. That's just
00:14:13.140one of the facts that came out that Mike Nifong knew about and didn't drop the case, continued
00:14:18.080forward against those players. I mean, that case was just so egregious. So it doesn't compare to
00:14:22.860this one where there does appear to have been some sort of encounter or errors. So we're going
00:14:30.620to go through it now. So the civil lawsuit comes out and I've read the complaint. It's long. It's
00:14:38.260Over 100 pages, but that's mostly because she's sued so many people.
00:14:43.100She's got to allege individual actions by each one and facts about each one as well.
00:14:49.020But I will tell you, the sum and substance of the complaint, the civil complaint, is
00:14:55.280that there were one, two, three interludes that night involving sex and maybe one or
00:15:05.540two others involving groping or something less than sex. And now she is claiming she did not
00:15:13.560consent to anyone, nothing was consented to. She tells a story of going out on the Cornell campus
00:15:20.940that evening, being served, though she was only 20 years old, in at least two bars and I believe
00:15:28.680at the Delta Delta Delta sorority house. I'll correct myself on that if I'm wrong, but I think
00:15:34.060that's how they got looped in. And then late in the evening, going over to the Chi-Fi fraternity
00:15:42.620house and meeting with a defendant. Now, the Cornell student newspaper has chosen to name
00:15:50.440the seven boys. Let me just tell you, I've said this before. I think it's absolute bullshit that
00:15:57.260a complaint like this can name young men, and she can go by Jane Doe. So their reputations
00:16:05.240instantly get ruined, which they have. They have been. Absolutely. One has already been fired
00:16:10.980from his job at a Wells Fargo bank. Sounds like he worked in an actual bank, not like the big
00:16:17.780Wells Fargo, but like a branch store. And he's already been fired, one of the seven.
00:16:24.020um two of the boys were expelled from cornell cornell conducted its own investigation
00:16:29.980and the discipline they handed down was two boys would be expelled we have not been able to
00:16:36.380ascertain which which boys i mean i i'm saying boys young men i'm trying to distinguish between
00:16:41.900boys and a girl but they're all young men and she's a young woman um two got expelled several
00:16:50.760got temporarily suspended and we don't know what else happened or whom was expelled.
00:18:20.260Why does she get the blanket of anonymity?
00:18:22.460Even if she's a victim, I'm sorry, but that's just, that doesn't make any sense.
00:18:27.280If you really want anonymity, unfortunately, you have to stay out of the court system.
00:18:33.680If 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.
00:18:46.240And 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.
00:19:05.320And 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.
00:19:26.320And 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.
00:19:32.880And he had he had been my partner at Jones Day.
00:19:35.600I wasn't a partner, but he was a partner.
00:19:37.600And then I hired him to deal with that whole, you know, Me Too situation at Fox.
00:19:41.300And 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.
00:19:49.320But and he said to me, it's only fair.
00:19:51.760He's got to have the opportunity to defend himself.
00:19:54.220And I said, you know what? You're right. But I knew that before I cooperated and I cooperated
00:20:00.800anyway, because I understood if you're going to make an allegation that is as serious as that,
00:20:07.960you're going to have to stand behind it. You're going to have to really make it as you and put
00:20:14.860your name and reputation behind it. This is, I don't understand why we're doing this
00:20:21.480still in 2026 America when we've had so many fake claims brought against men. And if it's a real
00:20:31.280victim being, you know, attacked and harassed by our, you know, an actual perpetrator, that'll be
00:20:39.360an unfortunate consequence. But eventually the man is going to know anyway. If you go forward
00:20:44.200in a civil case, the man finds out. It's just the society who we're protecting. In any event,
00:20:50.340Okay, I'm off on a tangent, but it's just, these guys are already suffering consequences before a case has been proven.
00:20:57.680And she is still cloaked behind the anonymity of Jane Doe.
00:21:01.700And this woman has got some serious problems with her story and is, in my view, trying to ruin these boys' lives.
00:29:50.520Since then, it's become clear that before that,
00:29:53.660she gave an interview to campus police and that interview was transcribed or at least
00:29:59.860heavily notated. And CBS has gotten its hands on the interview notes or transcript from when she
00:30:09.300sat with cops prior to her six page statement. It appears based on what the DA has said publicly,
00:30:16.320He 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.
00:30:35.060He's now saying he wants to see that, that he had never seen that.
00:30:39.160And 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.
00:31:00.200Now, in the six-page statement, she doesn't say, I was raped, according to ABC.
00:31:08.620Okay, CBS got the transcript with the cops.
00:37:39.820She also said she was, quote, completely and totally incapacitated.
00:37:44.520Now 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.
00:38:02.260So she had advisors, she read it, she said she was very confident about it, and then she signed a statement not alleging rape.
00:38:08.360The 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.
00:38:23.440Um, her telling the campus cops, I was completely and totally incapacitated and that it was
00:39:15.780But 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.
00:39:45.780what she's okay with and what she's not, when she wants to fool around and when she wants to rest.
00:39:52.360And this is what devastated the ability of the DA to go forward.
00:40:00.180All right, so now I've told you what she said to the campus cops as best we know it,
00:40:05.640and what happened in the Snapchat messaging at Ki-Fi while it was going on, despicable.
00:40:12.560But now I want to get into what was in that six-page statement as we understand it.
00:40:19.200And that brings me to the DA's nine-page memo.
00:40:26.840This DA is clearly frustrated that he's being painted as like a hater of women when he's
00:40:35.280trying to tell us, you got to read the law in New York State and you've got to listen
00:40:40.440to me on what she was actually claiming two years before she found a civil torts lawyer.
00:40:47.140So we will do that. Here is what he writes. He says, Jane Doe's sworn statement, so it was sworn,
00:40:55.900that means under penalties of perjury, unlike an interview with cops, okay, campus cops at Cornell,
00:41:02.240I'm just saying some of the discrepancies may be attributable to the fact that it is one thing
00:41:07.840when you're just sitting there sort of recounting things to campus cops. And it is another when you
00:41:12.260sign under penalties of perjury, things like I was completely incapacitated. That as near as I can
00:41:20.120tell did not make its way into the sworn statement. Did not. Rape did not make its way into the sworn
00:41:29.340statement other than as a hypothetical, if I had fallen asleep and then they continued having sex
00:41:35.660with me, then that would be rape. That's not an accusation. That's a musing. A space musing.
00:41:45.100Here is what she wrote, according to the DA Van Houten. That's his name, Van Houten.
00:41:53.380The Tompkins County District Attorney, that's Ithaca, New York, where Cornell is, Matthew
00:41:58.120Van Houten. She made more than 20 handwritten notations to the six-page document, single-spaced.
00:42:06.300The signature page contains the following language.
00:42:08.760I have read this statement consisting of six pages and the facts contained herein are true and correct.
00:42:13.680I 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.
00:42:21.000As 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,
00:42:34.300than those alleged in the civil complaint.
00:42:59.160In this case, he writes multiple prosecutors
00:43:02.780and criminal investigators reviewed Jane Doe's statement and correctly determined the alleged
00:43:08.240facts as set forth in that statement do not constitute a crime. The decision was not because
00:43:15.480the case would have been difficult to prove in court. It was because the facts as set forth in
00:43:20.480the statement objectively prevent the filing of criminal charges. To be clear, the credibility
00:43:25.480of the woman who described the facts in excruciating detail was never in question. He's
00:43:29.680saying, I believed her. We all believed her. She did not state a crime. The story as told to us,
00:43:36.580cops, criminal investigators, sex crimes prosecutors did not amount to a crime under
00:43:42.180New York state law. And that is my own belief as well, having reviewed it.
00:43:47.540I'm just going to tell you before I get into this, we've looked at the law independently.
00:43:51.860All right. Unlike a lot of these pundits out there, I've actually practiced law. I've actually
00:43:58.080handle difficult cases like this. And I can tell you that the law in New York is not on this woman's
00:44:03.860side. Because basically, what it says is, if you can, if you allege that you've been completely
00:44:11.620physically incapacitated, like you, somebody got on top of you and had sex with you when you were
00:44:18.080completely passed out, you're there. You got a rape case. That case would have been charged.
00:44:25.200Total physical incapacitation would get you to a rape charge.
00:44:29.320But if you allege that you were voluntarily intoxicated, that you were conscious, but very drunk or high, very high on drugs, but conscious,
00:44:44.160and that the reason you got very drunk or very high
00:44:47.960was your own choices to drink a lot or do a lot of drugs.
00:44:54.240But you are not physically incapacitated,
00:46:03.420All right, here's what the DA says she alleged.
00:46:10.200By 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.
00:46:28.740They said for two years, she never contacted us nor asked for this.
00:46:33.700Neither 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.
00:47:18.000And now you've got this DA being painted as some sort of a bastard because he didn't see a crime.
00:47:24.060And he didn't interview the alleged victim.
00:47:27.080That'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.
00:47:52.820So she this is like they're trying to paint this D.A. as having committed a dereliction of duty.
00:47:59.000But 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.
00:54:42.640pretty okay with having this threesome.
00:54:45.000Again, she's using the word threesome.
00:54:46.420The sexual conduct ended when Jane Doe, quote, noticed that male number one appeared really sleepy and was no longer fully erect, end quote.
00:54:56.780She told male number two, quote, they needed to stop having sex in order to make sure male number one was okay.
00:55:03.640Male number two then stopped having sex with Jane Doe.
00:55:08.160So what we have here is a woman who says, I want to stop because I'm worried about that first guy.
00:55:13.620And male number two saying, let's stop.
00:55:37.860His lawyer may have a different story.
00:55:40.160Now, 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.
00:55:53.960So I think she's probably in the clear criminally, but if I represented male number one, I'm not sure.
00:56:00.720Okay, so male number two listens and he stops.
00:56:04.180Male number one said he was, quote, he was going to take a nap and refresh himself, end
00:56:09.300quote, and quote, would eventually stumble his way from the couch to the bed.
00:56:13.580So he can't keep his eyes open and he's stumbling around.
00:56:15.820I mean, query whether he had capacity to be there doing anything.
00:56:20.000While male number one slept, male number two began to dry heave.
01:00:13.240A group of other men then entered the room.
01:00:15.900Jane Doe hid under the covers of the bed.
01:00:19.240Male number two laid in bed next to Jane Doe.
01:00:22.400Male number one sat on the corner of the bed.
01:00:24.800Male number one introduced the other males to Jane Doe.
01:00:29.380Jane Doe had difficulty remembering parts of what happened next.
01:00:32.620She remembered, quote, male number seven said something very rude and mean to her, end quote.
01:00:37.760Male number seven apologized and, quote, grabbed her face and started kissing her, end quote.
01:00:43.660Jane Doe, quote, quickly backed away to stop male number seven from kissing her, end quote.
01:00:48.540Male number two, quote, asked Jane Doe if she wanted to do more ketamine, end quote.
01:00:54.580At that, Jane Doe remembered that she had taken ketamine at some point on the couch
01:01:01.720with male number one and male number two during this night, end quote.
01:01:07.120but she could not remember, quote, where or when that took place.
01:01:11.740So here she reveals that she did ketamine with males one and two earlier in the evening,
01:01:18.600and she's now meeting male number seven,
01:01:26.200and in the midst of that, male number two pipes in, do you want to do more ketamine?
01:01:30.600Jane Doe thought that she, quote, had already done ketamine once, so why not do it a second
01:01:39.420time? End quote. That's her. Jane Doe thought, quote, she had already done ketamine once,
01:01:47.460so why not do it a second time? End quote. That is a thinking woman who's making a choice about
01:01:55.360how she wants to feel in the process of this evening and not somebody on whom this drug was
01:02:01.760forced. Somebody who says, oh, what the hell? I did it once. Why not do it again? This is why
01:02:07.600prosecutors walked away thinking this was a drug-fueled, debauchery-filled evening, but it
01:02:14.580was not forced drugs and gang rape, as the media would now tell you and she would now tell you in
01:02:20.880her civil complaint. Male number two, at this point, poured a line of ketamine on his erect
01:02:28.140penis, implying for her to snort the line. Jane Doe snorted the line of ketamine, which was a
01:02:34.240heavy amount of ketamine. That was all quotes, by the way. This is her alleging this. At that
01:02:39.760point, male number two poured a line on his erect penis. That's all her saying that I then snorted
01:02:44.680the line of ketamine, which was a heavy amount of ketamine, end quote. Jane Doe was never under
01:02:49.820the covers of the bed at that point. I'm sorry. Jane Doe was under the covers of the bed at that
01:02:54.480point. And male number two got under the covers with her, where he again tried reaching for the
01:02:58.920area of her vagina, end quote. I mean, let's just face it. Male number two is the aggressor
01:03:04.300in this entire story. And as if I'm correct, is the guy in the Snapchat saying free P word upstairs.
01:03:11.900If 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.
01:03:28.860The males begin complimenting Jane Doe, end quote, talking about how pretty she was, end quote.
01:03:35.600Male number four, quote, asked Jane Doe if they could all do drugs off of her perfect body, end quote.
01:04:01.200I mean, for all these people, like, calling for these guys' heads, if this were your son
01:04:04.820and you had a sworn statement by his accuser saying, sure, go ahead and snort the drugs
01:04:13.840off me, yeah, I thought I'd do more ketamine because I'd already taken it once, why not?
01:04:18.900And yeah, I was pretty into the threesome.
01:04:21.880Do you think you'd be at your wits' end about what is being alleged about your kid by everybody?
01:04:27.340I mean, this is kind of like Duke in that, you know, maybe minus 15%.
01:04:32.180In Duke, everybody ran with their guilty.
01:04:36.140Here, you've got some, even Sonny Hostin, to her credit, who pumped the brakes saying,
01:04:40.520let me tell you about the law in New York State and spoke a bit to what I've been outlining here.
01:04:48.060So sure, while the men were doing drugs off her body, quote,
01:04:52.440Mail number three and another male entered the room and said something like, okay, we're shutting down whatever the fuck this is, end quote.
01:05:00.240So 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.
01:05:10.860Jane Doe felt dizzy due to a pre-existing medical condition causing dizziness combined with the effects of ketamine use.
01:05:19.480Male five or six, who apparently have the same name, quote, encouraged her to stay seated as long as she needed, end quote.
01:05:28.100Eventually, quote, male number one and male number four ushered Jane Doe out of the room, brought her upstairs to a small room, end quote.
01:05:36.360Male number one stated, let's do more ketamine, end quote.
01:05:40.180Jane Doe, quote, remembered snorting more ketamine, end quote, end quote, remembered feeling extremely high, end quote.
01:05:46.880Male number one, quote, said he wanted to have sex again
01:05:49.200because he wanted redemption for passing out earlier in the night, end quote.
01:05:53.380Jane Doe initially stated that she was tired and asked male number one, quote,
01:05:58.620what happened to just you and me, end quote.
01:06:03.020Can I tell you, this is the saddest line in the entire thing.
01:14:34.820And 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.
01:14:56.580It's not great to have the entire national media
01:14:59.360calling them gang rapists and all these celebrities.
01:18:32.340If you look at that, we looked at the case law
01:18:34.160On this prong, mental capacitation, when you're rendered incapable of controlling your conduct due to the administration of a drug without your consent.
01:18:41.640And 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.
01:18:55.160So physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act.
01:19:43.340And 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.
01:22:12.060If you've got a loose woman, however you want to discuss, you know, choose your term.
01:22:18.580sexually liberated, the left might say, upstairs saying, bring it on. You know,
01:22:23.960Bonnie Blue is up there. He's had sex with a thousand men in a night.
01:22:28.360That would be free P word upstairs. And there would be absolutely nothing wrong
01:22:32.240if Bonnie Blue was up there saying, send him up, trying to meet a record here
01:22:36.500with these guys. It'd be something morally disgusting about it, but there wouldn't be
01:22:40.560anything even arguably legally wrong with them going upstairs and doing that.
01:22:44.460And 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.
01:23:04.820And I can see why male number two thought that.
01:23:10.640I can see exactly why he thought that.
01:24:30.100and what's not. And I'm sad for this girl that she learned this lesson in such a hard way because
01:24:38.400she fell into the clutches of men who are immoral, or at least were behaving immorally that night.
01:24:47.520That's an entirely different question than whether we should lock them up for 20 plus years.
01:24:53.220And that's just not what happened here.
01:24:57.100These guys thought they had a willing, happy partner who wanted to try something new, something subversive, who was asked, how about a threesome?
01:25:12.240and said yes and did not say even by her own allegation stop at any point in with her body
01:25:23.140or her words when it came to the actual sex acts that she did engage in ultimately she did and
01:25:29.200they listened along the way she did with the foursome and they listened this is a problem
01:25:36.020for her legally. The DA goes on, there is no evidence in her statement that she was unconscious
01:25:46.060or unable to communicate. And he points out the failure to remember certain events days later is
01:25:51.900not sufficient evidence of unconsciousness at the time. And he writes, finally, there's no evidence
01:25:57.940that her statement indicates she clearly expressed she did not consent. According to the statement,
01:26:02.500each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus,
01:26:07.140with no evidence of a lack of consent, criminal charges simply could not be sustained. To instruct
01:26:12.440otherwise would have been to violate any prosecutorial obligations under New York state
01:26:16.800law. And even the DA says here, while the behavior of certain Chi-Fi fraternity members was without
01:26:22.500question disgusting and morally reprehensible, the foundation of the criminal justice system
01:26:27.120is that criminal prosecutions must be based upon evidence, not emotion.
01:26:32.720As elected DA, I'm personally responsible for the decisions made by my office.
01:26:37.320The decision made in November of 24 that the evidence did not support the filing of criminal charges was legally correct.
01:26:44.840Individuals who are accused of committing a crime must be prosecuted based on evidence,
01:26:48.540not public opinion, especially not public opinion based on false information.
01:26:53.380However, recognizing that the process of healing from trauma is personal and different for every
01:26:58.540human, my office has reopened the investigation as described below. He adds below,
01:27:06.200I recognize the reality that it can take years of therapy and healing for victims of sexual
01:27:12.660assaults to fully process and understand what happened to them. Seeking justice sometimes
01:27:17.940requires us to reconsider or reopen cases when we are provided with additional evidence.
01:27:23.100That process obviously works better when the additional information comes directly from
01:27:26.920a witness, his or her representative, or the police, rather than through allegations set
01:27:31.720forth in a civil lawsuit, but getting to the truth is the goal in this case, and therefore
01:27:35.940he's convening a grand jury to look at all this.
01:27:40.160I'll tell you one other piece of this.
01:27:42.220There 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.
01:28:05.600The man, reports CBS New York, begins by apologizing for, quote, how things went down, end quote.
01:28:14.260He 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.
01:28:27.000Jane Doe reportedly replies that her memory is, quote, super clouded too, end quote, and says that they had all been heavily intoxicated.
01:28:38.580She also writes, quote, none of the sexual stuff was illegal, end quote.
01:28:48.660Now, again, that the DA is not bound by that either.
01:28:52.680He'll determine what's legal and what's not because he knows the law and she doesn't.
01:28:56.080But 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.
01:29:13.060She's saying none of the sexual stuff was illegal.
01:29:24.400I got, I got money that this is male number one, the one she had the crush on, the one who opened
01:29:29.820the door for her, gave her a beer and was involved in the first incident and fell asleep on the bed
01:29:34.280and all that. She liked being with him and another man. Later, she suggests that they smoke together
01:29:43.600again, quote, but like leave out the extra 5 billion men in ketamine.
01:29:48.640she wants to get back together with him she wants to have another interlude involving drugs
01:29:55.580presumably marijuana but not the ketamine because i'm sure she is embarrassed and ashamed about
01:30:01.080where that led and it sounds like he is too she liked this guy again what what happened to just
01:30:07.560the two of us again i'm just assuming it's male number one but obviously there's a reason to
01:30:12.060assume it. Her lawyer, Thomas Jiffra, confirms to CBS New York, his client did exchange texts
01:30:19.520with one of the defendants soon after the incident. He could not, however, confirm whether
01:30:24.020these were the specific texts. He says she was intoxicated to the point of incapacity that night.
01:30:29.540She was traumatized and in denial and was trying to gather information. He argues she could not
01:30:36.420take an aggressive tone if she wanted answers. So this is her trying to work this guy for an
01:30:43.440admission, I guess, according to her lawyer. I don't believe that. Now, I do believe that rape
01:30:50.340victims sometimes don't fully process what happened to them until later. And I do know
01:30:57.880that some rape victims try to normalize what happened to them after the rape by talking about
01:31:07.760it in a way that diminishes its awfulness. It's a, it's a coping mechanism. You know, that,
01:31:14.060that is true. And I haven't ruled that out in terms of Jane Doe's statement to the investigators,
01:31:22.460But, I mean, those statements, I just, we haven't heard an updated statement from Jane Doe.
01:31:31.540All we've heard is sweeping terms from her lawyer about how she was allegedly too incapacitated to consent.
01:31:39.280And 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.
01:31:52.460that show she was not incapacitated out of her mind.
01:31:57.380I'll do the threesome, but not the foursome.
01:32:00.080I'm worried about that guy over there passing out or worse.
01:32:03.440He's asleep and male number one is the one I like.
01:32:05.920And so let's all wake up and make sure he's okay.
01:32:08.500Oh shit, male number two's throwing up or about to.
01:32:33.860Her only way forward is to allege that she she's not even in her complaint that she's
01:32:38.680filed now, the civil complaint alleging anybody held her down.
01:32:42.320This is a forcible rape situation from that standpoint.
01:32:44.860She's alleging she was totally incapacitated and that they she couldn't possibly have consented.
01:32:49.960Well, 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.
01:33:16.760All 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.
01:33:30.440It's genuinely, genuinely sad what's being done to these young men that they have a price to pay.
01:33:36.300I would submit it is in the pew with the Lord daily. That's where I'd make my kid start.
01:33:46.220Not that one of my kids would ever do such a thing. But that's where it should start.
01:33:54.200You know, I mean, honestly, like talk to your kids, talk to your boys about how hopefully you've
01:34:00.040already lived this, but like literally say out loud to them, this family believes in leading
01:34:07.380with love in relationships. Say that. This family believes in leading with love in relationships,
01:34:15.620friendships, romantic relationships, intimate relationships. And every bit of our conduct
01:34:23.360should follow that credo. Cruelty, rudeness, casual nastiness, and certainly any forcible harm
01:34:35.060or violation of the criminal law would not be consistent with our family code, with what this
01:34:40.840family stands for, with what's important to us as your parents. As you go out there into the world,
01:34:47.660Say it, say it, make them understand it's the family creed and you expect them to live
01:41:26.840Read the facts as she has alleged them.
01:41:31.000This is before we've heard from the boys.
01:41:33.260And 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.
01:41:44.080And 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.
01:41:53.380Yeah, but she was intoxicated. How did she?
01:41:55.400under new york law again under new york law voluntary intoxication if you voluntarily drink
01:42:01.96010 beers yeah and you voluntarily ingest ketamine but that intoxication that doesn't have anything
01:42:10.100to do with the fact that the guys attacked her whether she's drunk or not well according to her
01:42:15.200she says she did they did not attack her her statement in 2024 she um my issues with this