Latest / Brief Recess: A Legal Podcast with Michael Foote & Mélissa Malebranche / The Best Criminal Defense (w. Mr. Keep You Outta Jail, Kaetan Mazza)
Transcript
- 0:06Speaker 1: Welcome to Brief Recess.
- 0:07Speaker 2: I'm Michael Foot, I'm Melissa melburnch.
- 0:09Speaker 1: Today we're going to talk about horse pedietry. We're going
- 0:12Speaker 1: to talk about my signature sen which is unrelated from
- 0:15Speaker 1: horse pedietry. We're going to talk about how Melissa finally
- 0:18Speaker 1: shared her secret season in Cabinet. We're going to talk
- 0:21Speaker 1: about Mitch McConnell's eternity leave, and we sit down with
- 0:24Speaker 1: the internet's other favorite lawyer, mister keep You out of
- 0:27Speaker 1: Jail kiton NASA. Michael just knocked over the entire plan.
- 0:37Speaker 2: Will you hanging out with Ben? What are you hanging
- 0:40Speaker 2: out with Ben?
- 0:41Speaker 1: Ben's absolutely wild on the Internet.
- 0:43Speaker 2: I love him so much. I love him.
- 0:46Speaker 1: This is our former guest from two weeks ago, Ben Hopkins,
- 0:49Speaker 1: that we're talking about because he was Hopkins, prager, hysterical,
- 0:53Speaker 1: absolute menace on the Internet. Everything I see that I love.
- 0:57Speaker 1: He's already liked, like you know how you can see
- 0:59Speaker 1: what youeople like. That's how you know he's chronically online.
- 1:02Speaker 2: I know.
- 1:05Speaker 1: Wait, let's get into the sidebar. How's your week?
- 1:07Speaker 3: Ben?
- 1:08Speaker 2: Fine? Do you feel like you need to I mean,
- 1:12Speaker 2: I guess it's hard for you to say because so
- 1:14Speaker 2: much of what you do is TikTok TikTok. But do
- 1:19Speaker 2: you feel like you're on Internet too much?
- 1:21Speaker 1: Me personally? Like you think I am, and that's why
- 1:23Speaker 1: you're asking.
- 1:24Speaker 2: No, I think I am.
- 1:25Speaker 1: Oh No, I think I'm on it not enough. I
- 1:30Speaker 1: have the opposite problem where I'm like.
- 1:33Speaker 2: Is it because you think you should be posting more content?
- 1:36Speaker 1: No? I want to consume more contente it only makes
- 1:40Speaker 1: me happier, it really does.
- 1:42Speaker 2: I am so overwhelmed, like not not, I'm it's I
- 1:50Speaker 2: guess overwhelmed. It's too much. It's too much content, it's
- 1:53Speaker 2: too much stuff. But I mean because because because of
- 2:00Speaker 2: my problem, it's all kinds of stuff, right, So it'll
- 2:05Speaker 2: be like little kids. Then it'll be like cats, then
- 2:08Speaker 2: it'll be like dogs. The other day I got stuck.
- 2:10Speaker 2: There was like a whole drifting. No. Well, sometimes but
- 2:13Speaker 2: like I follow a farrier. Do you know what that is?
- 2:18Speaker 1: The horse feed, horse feet, the horse feet. We're going
- 2:22Speaker 1: right into algorithm because it sounds like Melissa's algorithm is
- 2:25Speaker 1: showing and this is ferrier, the dietary for horses. The
- 2:31Speaker 1: smell alone, well, it's not smell a vision.
- 2:33Speaker 2: I'm watching it.
- 2:35Speaker 1: I haven't really into since though lately, like I can
- 2:38Speaker 1: you smell my new colonne? I'm obsessed with getting like
- 2:41Speaker 1: a new one.
- 2:42Speaker 2: That smells nice.
- 2:44Speaker 1: Gar Okay, it's like a Malaysian perfume cologne unisex.
- 2:50Speaker 2: Where'd you get that from?
- 2:51Speaker 1: This is the number three, it's the It's the In
- 2:54Speaker 1: their series of five, I'm a TikTok influencer was talking
- 2:59Speaker 1: about sin and I was like, I don't think because
- 3:02Speaker 1: everything we do is content. I'm always making videos and
- 3:05Speaker 1: doing podcasts. I'm thinking less and less about in person
- 3:10Speaker 1: experiences rather than digital experiences. And so I ended up
- 3:16Speaker 1: on scent Talk Perfume Talk and started getting influenced by
- 3:21Speaker 1: perfumes and colognes.
- 3:22Speaker 2: There are too many talks and then.
- 3:24Speaker 1: They're like, this is the craziest one. This is the
- 3:26Speaker 1: scent profile, and I'm like, well, the only way for
- 3:29Speaker 1: me to know is if I get that shit. Right.
- 3:32Speaker 1: I got that shit?
- 3:33Speaker 2: Wait, did you order it and it came to your home?
- 3:36Speaker 1: I got the sampler? Yeah? I ordered the sampler.
- 3:39Speaker 2: Yeah. I've ordered samplers before because I'm always wondering, like
- 3:43Speaker 2: if you order a scent that you've never had before
- 3:47Speaker 2: and it comes to your house and it smells like
- 3:50Speaker 2: I don't know.
- 3:50Speaker 1: And it's a big one. Yeah, and you got and
- 3:53Speaker 1: you hate it. Yeah. No, this was great because I
- 3:56Speaker 1: also found this lady on Etsy not an Netsy Witch.
- 4:00Speaker 1: Can talk about that later. Everyone's using that sya Witches Now.
- 4:03Speaker 2: I believe in it, Etsy Witch.
- 4:05Speaker 1: I feel left out why I feel like we should
- 4:07Speaker 1: also get Sea Witches. Okay, but this woman on tiptoes,
- 4:11Speaker 1: she'll do like a little sampler of a Colonner perfume
- 4:14Speaker 1: for you and just charge you ten bucks. If the
- 4:16Speaker 1: company doesn't have a sampler, you can order one for
- 4:20Speaker 1: ten Like.
- 4:21Speaker 2: There are a lot of these places, like especially in
- 4:23Speaker 2: the Bronx, and I want to say, they're usually owned
- 4:27Speaker 2: by people from Iran, and it's all like these scent oils.
- 4:34Speaker 2: Oh cool, love that love so much I love.
- 4:37Speaker 1: I would go to that and do like a field trip.
- 4:39Speaker 2: Let's do that. We're going on a field trip. Oh yeah, well,
- 4:42Speaker 2: by the time this is aired, field.
- 4:44Speaker 1: Trip will have happened. We're going to the Emily Dickinson Museum.
- 4:49Speaker 2: Oh you know what, keep talking back, No, no, no.
- 4:52Speaker 1: Okay, We're going to thrift Con. But we'll be there.
- 4:56Speaker 1: We will already have done been there. It'll be past
- 4:58Speaker 1: tense by the time you hear this. But I want
- 5:01Speaker 1: to talk about with Melissa actually when it comes to sense,
- 5:04Speaker 1: I want to talk about when we used to rub
- 5:07Speaker 1: magazines on ourselves, when they put like the scent in
- 5:10Speaker 1: the magazine that was where it was that you remember
- 5:13Speaker 1: that scratch? Do you remember just getting a paper cut
- 5:16Speaker 1: from rubbing the magazine on your neck? Because those were
- 5:18Speaker 1: the days. That's how you know you were a nineties kid. Okay,
- 5:22Speaker 1: is this my green sauce?
- 5:23Speaker 2: It's your green wow green.
- 5:27Speaker 1: This is a good like YouTube cover, So CJ, if
- 5:31Speaker 1: you want to just screen grab this, I'll give like
- 5:34Speaker 1: a couple of faces. You know people on YouTube are
- 5:37Speaker 1: always like aggrieved. Yeah, they're they're always like, what this
- 5:41Speaker 1: look of astounding show?
- 5:43Speaker 2: Have you ever seen our YouTube one? Yeah, we're always
- 5:47Speaker 2: just like.
- 5:47Speaker 1: It's always Christina and CJ. They're always like and it's
- 5:50Speaker 1: always like, did the green sauce kill Michael? And it's
- 5:55Speaker 1: my face, Like we don't know, we're gonna find out
- 5:59Speaker 1: if I open this is gonna might go crazy style.
- 6:03Speaker 2: No, you could smell it. So I I'll.
- 6:05Speaker 1: Show those of you just listening since this is oh right.
- 6:07Speaker 2: That's right.
- 6:08Speaker 1: Podcast.
- 6:09Speaker 2: So we had talked a while ago about seasoning and
- 6:13Speaker 2: I told Michael about this green seasoning that I make
- 6:16Speaker 2: and he was like, okay, well don't do just be careful.
- 6:20Speaker 1: This is going to blow my tits clear off. I
- 6:22Speaker 1: can urn it.
- 6:22Speaker 2: No, no, no, no no. So Michael had said, well,
- 6:25Speaker 2: you never made it for me, and then other people
- 6:27Speaker 2: started chiming in in the comments and saying, Melissa, what
- 6:30Speaker 2: are you going to tell us about your green seasoning?
- 6:32Speaker 2: So that's it. I'm going to give c J the
- 6:35Speaker 2: recipe if we could post it for you guys. I
- 6:38Speaker 2: also recorded myself doing it, so I'll post that when
- 6:42Speaker 2: the episode airs. But I'm gonna tell you something right now.
- 6:45Speaker 1: It's spicy, it smells spicy.
- 6:47Speaker 2: It's actually not spicy because I did not put I
- 6:50Speaker 2: did not put Scotch bonnets in it because of bread.
- 6:52Speaker 1: I got Scotch bonnets.
- 6:53Speaker 2: Could yeah, I didn't.
- 6:55Speaker 1: Because I killed a man on six Avenue once. Yeah,
- 6:58Speaker 1: you never know.
- 6:58Speaker 2: Here's what I'm going to say about my green.
- 7:03Speaker 1: This green seasoning is a Sacca batteries and a SoC
- 7:05Speaker 1: and it will beat you today. That's what it does.
- 7:08Speaker 2: Haitian people don't come for me. This is how I
- 7:12Speaker 2: make my green season You make yours the way you
- 7:18Speaker 2: like it. I make mine the way I like it.
- 7:21Speaker 2: I don't care CiCe Momo by Bao, good Male Magan,
- 7:26Speaker 2: that's that's theirs. This is mine. This is staty Mesas
- 7:32Speaker 2: green seasoning, not your good Male's green seasoning. Okay, I'm
- 7:37Speaker 2: just saying because people will poo poo, and people will
- 7:40Speaker 2: come in and be like, that's not how you do it.
- 7:43Speaker 2: That's how I do it. It's like the people who
- 7:45Speaker 2: don't want you to wash the chicken. You don't wash
- 7:49Speaker 2: your chicken. I wash my.
- 7:52Speaker 1: We're getting very Queen's in the studio. You ate with that,
- 7:54Speaker 1: that was you ate. You ate them up with green sauce.
- 7:59Speaker 2: So that's all.
- 8:00Speaker 1: That's so because they will come for you.
- 8:02Speaker 2: People will come for you.
- 8:04Speaker 1: And what are they going to say, there's no Scotch
- 8:05Speaker 1: bondent in it?
- 8:06Speaker 2: Well, the person they're going to say, wise, isn't there
- 8:09Speaker 2: Scotch bonnet in it? Because most people do.
- 8:11Speaker 1: Because because and we will do like we will literally
- 8:15Speaker 1: show them my husband who's a ginger from main by
- 8:20Speaker 1: way of like French Canadian heritage, like his body is
- 8:25Speaker 1: not built to handle a Scotch bonnet. No dead close
- 8:28Speaker 1: casket might blow the body and the other thing.
- 8:35Speaker 2: I will also say that usually Haitian folks don't put
- 8:41Speaker 2: cilantro in theirs, but I like cilantro, so I put
- 8:46Speaker 2: some in munch a superteer. You don't like cilantro, don't
- 8:51Speaker 2: put it in yours.
- 8:52Speaker 1: This actually might have been They're not sure. They're still
- 8:55Speaker 1: doing the autopsy. They're trying to determine the cause of
- 8:57Speaker 1: death for Lindsay Graham, so this could have been what
- 9:00Speaker 1: killed him maybe. And did you see the little tap
- 9:02Speaker 1: tap Trump did on his Uh, on his he did
- 9:06Speaker 1: a little No, it's like a little knock knock on
- 9:08Speaker 1: his coffin at the funeral.
- 9:10Speaker 3: I'm knocking it was.
- 9:12Speaker 1: It was the knock herd around the world. It was truly,
- 9:16Speaker 1: knock three times on the ceiling if you want me.
- 9:18Speaker 2: It was so crazy, really the old song. I know
- 9:21Speaker 2: he can't sing, but it's like, uh, it's a knock
- 9:25Speaker 2: three times on the ceiling, if you want me.
- 9:28Speaker 1: That's exactly what I just quoted. Is it, Yes, that's
- 9:31Speaker 1: what I just said.
- 9:32Speaker 2: Oh is it Melissa my bead? Was he knocking to
- 9:38Speaker 2: see if he was in there.
- 9:42Speaker 1: It was like, is it Hammer, Mitch McConnell, We don't
- 9:44Speaker 1: know who it is? Was it the first special? Did you?
- 9:46Speaker 2: Did you look at the video that I sent you
- 9:48Speaker 2: that circulating the internet of Mitch McConnell as Michael Jackson
- 9:54Speaker 2: in the Thriller video? I sent it to you, guys
- 9:57Speaker 2: see c J looked at it.
- 10:00Speaker 1: Oh yes, yes, yes you did send it to me.
- 10:02Speaker 1: You don't understand the volume of memes I consume in
- 10:04Speaker 1: a day, but yes, I sent it to you. Yes
- 10:07Speaker 1: you did, and you texted it directly to me and
- 10:09Speaker 1: our producer, which is like, really bad. I didn't watch it. Yeah, no,
- 10:12Speaker 1: I did watch it though.
- 10:13Speaker 2: Okay, it's just I think it's funny.
- 10:15Speaker 1: I can't say. I can't. All I want to do
- 10:16Speaker 1: is sing the Thriller song, But now I can. Oh dead,
- 10:20Speaker 1: I'm dead.
- 10:21Speaker 2: Apparently we don't know, but we think Mitchell.
- 10:24Speaker 1: The deadline for a special election is I think right
- 10:28Speaker 1: after this episode airs, so they might announce he died
- 10:33Speaker 1: after this episode, Like when this is airing, Mitch McConnell,
- 10:37Speaker 1: we already know. Lindsay Graham gone.
- 10:39Speaker 2: I mean, I just don't understand, Like, are they not
- 10:43Speaker 2: supposed to tell people when the senator is m I
- 10:46Speaker 2: A like, there's no like, there's nobody to take the plate,
- 10:50Speaker 2: like even if we don't love the person. But isn't
- 10:52Speaker 2: there like a stand in?
- 10:53Speaker 1: Isn't there like a yeah, cheapest staff or somebody was
- 10:56Speaker 1: like the interim Yeah, I don't know, yeah, but I'm
- 11:00Speaker 1: I know it's going to be the like eleven fifty nine,
- 11:03Speaker 1: the day after the deadline for the special elections. You
- 11:07Speaker 1: know what, It's.
- 11:08Speaker 2: Crazy, But shouldn't it be illegal?
- 11:11Speaker 1: Yeah? Totally?
- 11:12Speaker 2: But why isn't it because nobody's no one's I know,
- 11:15Speaker 2: no one's No one's driving the bus, nobody's doing that,
- 11:18Speaker 2: no one's driving.
- 11:19Speaker 1: There's no accountability, and then its constituents aren't rising up
- 11:23Speaker 1: with fists. There are all the people who elected him.
- 11:25Speaker 2: I know, where are the pitch from all?
- 11:27Speaker 1: I'm sorry because there will be the There are liberal people.
- 11:31Speaker 2: Are liberal and conservative people everywhere.
- 11:33Speaker 1: We know that, and they will listen to this and.
- 11:36Speaker 2: Be upset we're not talking about it, talk about you.
- 11:38Speaker 1: Yeah, okay, but mom Donnie just announced thirty percent cheaper
- 11:42Speaker 1: grocery stores, and every conservative on earth is freaking out
- 11:46Speaker 1: about it.
- 11:46Speaker 2: Because they don't like affordable grocery.
- 11:48Speaker 1: It's become this like Maha lightning Rod that it's actually wild,
- 11:55Speaker 1: Like if the government is subsidizing grocery stores, then therefore
- 12:01Speaker 1: the government's deciding what food those people eat, and that
- 12:07Speaker 1: decision shouldn't come from a government, and because those decisions
- 12:11Speaker 1: are informed by like food lobbies or whatever. And it's like, right,
- 12:15Speaker 1: but these are in like food deserts.
- 12:17Speaker 2: Right, there are places where if all there is around
- 12:21Speaker 2: you is a bodega or like you know on seven
- 12:24Speaker 2: eleven type of the place, odds are you're not getting
- 12:30Speaker 2: a banana exactly right. You're probably going to get some
- 12:33Speaker 2: artificially flavored thing, you know. I know we talked about
- 12:38Speaker 2: this before, but like the it is so expensive to eat?
- 12:43Speaker 1: Well, yes, and that's the tea is that? Like, I know,
- 12:48Speaker 1: he's a controversial figure, especially Jack Schlosberg had a really
- 12:53Speaker 1: interesting talking point about this where people are always asking
- 12:57Speaker 1: him like, oh, what do you think of RFK and
- 12:59Speaker 1: Maha and and this whole notion of you know, food
- 13:05Speaker 1: needs to be organic, and like what do you think
- 13:06Speaker 1: what is your response to like rfk's whole platform, love him,
- 13:10Speaker 1: hate him? Jack Schlosberg was basically like, yeah, all RFK
- 13:14Speaker 1: basically does is repeat back what we already know, right,
- 13:18Speaker 1: that like eating healthier foods is good for you, good
- 13:22Speaker 1: for you, and that you should be eating healthier foods
- 13:26Speaker 1: because it affects your overall health. That's all. That's like
- 13:29Speaker 1: his entire message. He doesn't have a message on like
- 13:31Speaker 1: how to do that, how to like lower the cost
- 13:34Speaker 1: of groceries, how to bring healthy foods to underserved communities.
- 13:38Speaker 1: There's like actually no follow through on that message. So yes,
- 13:43Speaker 1: and it's right now. It was just like yeah, sure,
- 13:46Speaker 1: you're just kind of like parroting back what we already know.
- 13:49Speaker 1: And the Trump administration has approved forever chemicals going onto
- 13:54Speaker 1: every ounce of produce in America four times over because
- 13:59Speaker 1: it's what that lobby pays the Trump administration. So lovely message,
- 14:05Speaker 1: very shitty follow through.
- 14:07Speaker 2: Right, I mean, not surprising, not surprising at all. Disappointing,
- 14:12Speaker 2: but not surprising the.
- 14:13Speaker 4: Whole like government telling you what to eat too and
- 14:15Speaker 4: controlling what you eat. Wasn't that just what they were
- 14:18Speaker 4: what the GOP was doing with food stamps, with like
- 14:21Speaker 4: why can you buy a diet coke with your food steps?
- 14:23Speaker 1: Right exactly? It's like the same exact message for mom
- 14:26Speaker 1: Donnie and what the government is.
- 14:27Speaker 2: Yeah, so there was this whole thing of like the
- 14:30Speaker 2: diet coke, but also almost like somebody on food stamps
- 14:34Speaker 2: should not be able to buy crab legs? Do you
- 14:37Speaker 2: know what I mean? Like you know what I'm saying,
- 14:39Speaker 2: Like that's what That's what they were saying. They did
- 14:40Speaker 2: not they didn't feel like, oh, you don't think that
- 14:44Speaker 2: poor people should have things that they like, right.
- 14:47Speaker 1: Yes, right, you don't you know, you don't think they
- 14:49Speaker 1: should have any joy in their life?
- 14:51Speaker 2: Right?
- 14:51Speaker 3: Yeah, they should.
- 14:52Speaker 2: They should be ashamed of being poor, yes, but it
- 14:55Speaker 2: is their fault, and that because.
- 14:57Speaker 1: We aren't poor, we get to design what happens with
- 15:00Speaker 1: them and what their choices are. We get to winnle
- 15:03Speaker 1: away what their choices are and decide for them.
- 15:05Speaker 2: That's messed up, it is, I mean, the whole thing
- 15:07Speaker 2: is messed up, right.
- 15:08Speaker 1: It's like why you and I get to decide what
- 15:11Speaker 1: we can and cannot eat because we're not a food stands?
- 15:15Speaker 1: Right yeah? Right, but they shouldn't be afford that luxury
- 15:18Speaker 1: is like the message that they're basically sending, Yeah you
- 15:22Speaker 1: should you.
- 15:22Speaker 2: Know, you're only allowed to eat you know, canned green beans, yeah, right,
- 15:27Speaker 2: destined for a life of like bland food or like
- 15:30Speaker 2: things that are not good for you. Do you know
- 15:31Speaker 2: what I mean? It's like everything with these people, it's
- 15:34Speaker 2: a they want to take your choice away. Yes, right,
- 15:38Speaker 2: And this is like your body. Your choice is not
- 15:41Speaker 2: just about your sort of sexual health, right, it is
- 15:44Speaker 2: about everything. It is about the things that you consume.
- 15:47Speaker 1: Legcilating your entire life from a group.
- 15:49Speaker 2: Of people who feel like the government shouldn't tell me
- 15:52Speaker 2: what to do, don't tread on me, right, but here
- 15:54Speaker 2: you are.
- 15:55Speaker 1: And then Mom Donnie is like literally three grocery stores
- 15:58Speaker 1: in a city with twelve million pe people. Uh, They're like,
- 16:02Speaker 1: we can't believe he would ever do that. I love
- 16:04Speaker 1: Mom Donna because he literally every single day he's like,
- 16:07Speaker 1: I'm going to show you that politicians can actually do
- 16:09Speaker 1: things for you and actually change your life for the better,
- 16:14Speaker 1: for the better, and like that politicians can actually work
- 16:17Speaker 1: for you. And then they all get mad because he's
- 16:21Speaker 1: doing it, Yeah, writing headlines like it's the Daily Bugle
- 16:25Speaker 1: writing about Spider Man, every single headline about Mom Donnie.
- 16:28Speaker 1: It's like he's giving he's doing like puppies and Times Square.
- 16:35Speaker 1: He's doing puppy adoptions. How oh my god?
- 16:38Speaker 2: No, no, he went to the World Cup. Why is
- 16:40Speaker 2: he having fun?
- 16:42Speaker 1: This is crazy? We have a guest today and we.
- 16:45Speaker 2: Sure do your counterparts?
- 16:48Speaker 1: Would you say I would say that we're both lawyers?
- 16:52Speaker 1: They wouldn't say were counterparts.
- 16:56Speaker 2: Lawyers?
- 16:57Speaker 1: Yeah, my internet bestie.
- 17:00Speaker 2: You tossed that word best deer around a little too
- 17:02Speaker 2: much for my taste.
- 17:03Speaker 1: Okay, but like you know, off the record, you.
- 17:05Speaker 2: Are my best Why I got to be off the record?
- 17:08Speaker 1: I know because, like you know, because because they're like.
- 17:12Speaker 2: Because there are other ones who think.
- 17:13Speaker 1: You's going to see this.
- 17:15Speaker 3: That's true.
- 17:15Speaker 1: Alyssa launches. You know, she's got me sniped.
- 17:19Speaker 2: She doesn't. I know. We had to talk to our guests,
- 17:22Speaker 2: but I was thinking about this earlier. Andre texted me
- 17:25Speaker 2: just now he was like, where are you right? And
- 17:28Speaker 2: I had told him where I was coming, but he
- 17:31Speaker 2: also he could look to see where I am if
- 17:35Speaker 2: he wanted to write. Do you and Brad share your
- 17:37Speaker 2: locations with each other?
- 17:39Speaker 1: I share locations with everybody, do you really? Yeah? I
- 17:41Speaker 1: want people to know where I am in my life. Yeah,
- 17:44Speaker 1: I'm going to some weird fucking places like the detention center.
- 17:47Speaker 1: Is like I'm going off.
- 17:48Speaker 2: Yeah yeah, no, me and I only share my location
- 17:51Speaker 2: with Andre.
- 17:51Speaker 1: Yeah, so I was like, yeah, you don't shairt with me.
- 17:54Speaker 2: No, I don't, but you sare. But I know where
- 17:56Speaker 2: you are.
- 17:56Speaker 1: You are at home.
- 17:58Speaker 2: Yeah that's true.
- 17:58Speaker 3: I like it.
- 18:00Speaker 2: I like it inside. But yeah, I thought it was.
- 18:02Speaker 2: I was just like, you could check where I'm at,
- 18:03Speaker 2: and he was just like, oh yeah, no, I forget
- 18:06Speaker 2: You'd rather just ask me.
- 18:08Speaker 1: Okay, let's take a break. We'll be right back. Welcome
- 18:14Speaker 1: back to brief Recess. This is under oath where we
- 18:17Speaker 1: take a deep dive into a topic with an expert.
- 18:19Speaker 1: And I'm really excited because today we have Cayton Masa,
- 18:23Speaker 1: who's a criminal defense attorney and founding partner of Got
- 18:26Speaker 1: Them Criminal Defense here in New York City. He's social
- 18:29Speaker 1: media's other favorite lawyer and post about advice criminal defense
- 18:34Speaker 1: law misconceptions. You can follow me mister, keep you out
- 18:37Speaker 1: of jail and hire him. If you need an attorney,
- 18:40Speaker 1: please join me at Welcoming Cayton.
- 18:41Speaker 2: Hey, Kayton, Hello, thank you so much. We're glad to
- 18:44Speaker 2: have you. You know, I want to say that if
- 18:46Speaker 2: you you assume a lot that you are anyone's favorite attorney.
- 18:50Speaker 3: Well, he's he's actually the most popular attorney in my family.
- 18:55Speaker 3: My cousin you got to you gotta be like this guy.
- 19:02Speaker 3: You gotta love it. I'm going on his podcast. I
- 19:09Speaker 3: love it.
- 19:10Speaker 1: You'll be my family's favorite podcast guest on this show.
- 19:13Speaker 1: They'll be yeah. Uh, they're always you know, they're always
- 19:17Speaker 1: coming for me. But thank you for joining us. I
- 19:19Speaker 1: thought it'd be really cool if we got into a
- 19:21Speaker 1: conversation about criminal defense. Thought it was my favorite favorite
- 19:25Speaker 1: subject in law school. I worked a lot of criminal
- 19:27Speaker 1: defense cases early on in my career, so I thought
- 19:30Speaker 1: it would be fun to have you one to talk
- 19:31Speaker 1: about that. I know it's something that's really important to
- 19:34Speaker 1: a lot of people in the criminal justice system. Uh
- 19:37Speaker 1: oftentimes and documented very much through uh data is there
- 19:43Speaker 1: to uh sort of criminalize behavior of black and brown
- 19:47Speaker 1: people over white people. So it felt like a really
- 19:50Speaker 1: apt conversation to have with you about you know, your
- 19:52Speaker 1: work in the space. So welcome.
- 19:55Speaker 3: I appreciate that. I mean, yeah, you know, people think
- 19:59Speaker 3: about the criminal justice system as a you know, something
- 20:03Speaker 3: that brings about public safety or something that corrects people's behavior.
- 20:08Speaker 3: But in the majority of the instances, we're mostly criminalizing poverty,
- 20:13Speaker 3: we're criminalizing race, we're criminalizing and we're not helping people
- 20:18Speaker 3: who maybe need correction in real life, you know. So
- 20:22Speaker 3: it's you know, people say, you know, why can't you
- 20:25Speaker 3: just admit to what you did? And you know, face
- 20:27Speaker 3: the music. It's like, you know, if I was trying
- 20:30Speaker 3: to correct the child's behavior, I wouldn't say, punch yourself
- 20:35Speaker 3: in the face right right. I would want them to
- 20:37Speaker 3: I would want to lead them on a better path.
- 20:39Speaker 3: And I just don't think that's what we currently have.
- 20:42Speaker 2: You would hope if it was a kid, for example,
- 20:44Speaker 2: that you'd be able to give them another option. Absolutely,
- 20:47Speaker 2: So somebody who maybe is just take a random thing
- 20:51Speaker 2: with somebody who has grown up in poverty and decides
- 20:56Speaker 2: to sell drugs because there's no other they feel though
- 21:00Speaker 2: they have no other option, right, what do we do?
- 21:03Speaker 2: Do we put that person in jail forever? I mean,
- 21:05Speaker 2: I think about a lot about the people who are
- 21:07Speaker 2: still in jail over marijuana sales, right and now, what
- 21:11Speaker 2: they must feel like to realize that everyone is literally
- 21:14Speaker 2: blazon up on the street. Meanwhile, do you know what
- 21:16Speaker 2: I'm saying Meanwhile, they've been in jail for years.
- 21:20Speaker 3: I mean, you don't want to get me started on
- 21:22Speaker 3: the war on drugs policy because I am vehemently against
- 21:27Speaker 3: any criminal prosecutions when it comes to narcotics because it
- 21:32Speaker 3: simply does not do what you think it does. They think,
- 21:37Speaker 3: you know, you're reducing addiction, or you're making the communities
- 21:43Speaker 3: more safe. You're doing none of that. Drugs are more available,
- 21:47Speaker 3: drugs are more dangerous, Addiction is more prevalent. I mean,
- 21:51Speaker 3: we have about one hundred thousand people a year overdosing, right,
- 21:54Speaker 3: it's they're not doing anything. But when this started in
- 21:59Speaker 3: like nineteen seven, you know pass of the Controlled Substances Act,
- 22:04Speaker 3: there were less than twenty thousand people a year overdosing
- 22:07Speaker 3: on drugs. I mean that's just a fact. And it's
- 22:09Speaker 3: gotten worse and worse and worse each year. And you know, frankly,
- 22:15Speaker 3: nobody some exceptions, but nobody wants to sell drugs, especially
- 22:20Speaker 3: hard drugs. Right, it's not a I deal with a
- 22:23Speaker 3: lot of people who are in that business. Nobody is
- 22:26Speaker 3: doing it because it's fun. It's how you put food
- 22:29Speaker 3: on the table today. Right, you know, you can get
- 22:32Speaker 3: a job, but it takes time. People need food on
- 22:35Speaker 3: the table. Today in this country, the worst thing you
- 22:40Speaker 3: could be is broke. It's almost better to be a
- 22:43Speaker 3: bad person than it is to be broke, because that's
- 22:48Speaker 3: what you get punished for.
- 22:49Speaker 2: Yeah, people don't seem to have any empathy for people
- 22:53Speaker 2: who are poor. There's a lot, especially in this country.
- 22:56Speaker 2: I feel like there's a lot of well why don't
- 22:58Speaker 2: you just pull it yourself up by the bootstraps kind
- 22:59Speaker 2: of talk? Do you know what I mean? Things that
- 23:01Speaker 2: we've heard over and over and over again. Why are
- 23:04Speaker 2: you sitting home waiting for a handout? Type stuff? Yeah?
- 23:08Speaker 3: Yeah, people selling drugs are definitely not waiting for a.
- 23:10Speaker 2: Handout, right, Right, It's almost like they've taken it into
- 23:13Speaker 2: their own hands.
- 23:14Speaker 3: Right, You're taken initiative. I mean it's not. And the
- 23:17Speaker 3: thing is, it's not like they're going to people saying.
- 23:20Speaker 1: Hey, would you like this drug?
- 23:22Speaker 3: People are quite literally I mean, so you go to
- 23:26Speaker 3: certain neighborhoods that have, you know, let's say, open air
- 23:29Speaker 3: drug markets. People are coming from outside the neighborhood and
- 23:34Speaker 3: stopping young people who look like they might be involved
- 23:39Speaker 3: and asking them. At a certain point, the tenth person
- 23:42Speaker 3: that asks you for drugs. You might if you don't
- 23:44Speaker 3: have food on the table, you might say, why am
- 23:46Speaker 3: I just leaving?
- 23:47Speaker 1: Maybe I should start selling truble.
- 23:48Speaker 3: I mean, it might not even be like, oh, I'm
- 23:50Speaker 3: going to be a drug dealer. It's like I just
- 23:53Speaker 3: I need fifty bucks to get me through the week.
- 23:56Speaker 1: It reminds me of like a lot of people's and
- 24:00Speaker 1: I imagine how some listeners might hear that and think like, oh, well,
- 24:04Speaker 1: why don't they seek out that job that is better
- 24:08Speaker 1: or legal or not drug related? And it reminds me
- 24:12Speaker 1: a lot of how a lot of migrants that I
- 24:15Speaker 1: work with come from a gang background in their country
- 24:20Speaker 1: of origin. Right it's oftentimes the only way to access
- 24:24Speaker 1: food and water. And I think when people hear, oh,
- 24:28Speaker 1: Michael has defended people affiliated with a gang, they have
- 24:34Speaker 1: never understood what it's what it's like to live somewhere
- 24:37Speaker 1: where you literally might your family member might live or
- 24:41Speaker 1: die because they don't have access to food or medication.
- 24:44Speaker 1: They're coming from this like extreme place of privilege. People
- 24:47Speaker 1: don't understand that just eating lunch today is a privilege, right,
- 24:51Speaker 1: that so many people don't actually do that, and it's
- 24:54Speaker 1: very hard for be able to get into that headspace,
- 24:57Speaker 1: especially judges, right, especially people who are in the legal practice.
- 25:02Speaker 1: And so sometimes judges will ask me about my client, well,
- 25:08Speaker 1: what do they want to do if I grant them assignum,
- 25:11Speaker 1: who do they want to be in the US, Like,
- 25:13Speaker 1: what do they want to do when they're here? And
- 25:16Speaker 1: it's like, you're under my client seventeen has never had
- 25:21Speaker 1: an opportunity to dream about a life. They don't have
- 25:25Speaker 1: an iPhone, They do not watch people's professions on the
- 25:28Speaker 1: internet and see what they are. They haven't had running water,
- 25:31Speaker 1: they haven't had lunch they had it, or they haven't
- 25:33Speaker 1: had access to food and water, medication, basic infrastructure needs, right,
- 25:37Speaker 1: and so people just sort of I think there is
- 25:41Speaker 1: this misconception in these conversations where people are like, well,
- 25:43Speaker 1: why don't they just not do that? And people are
- 25:48Speaker 1: saying that from this position of judgment, from this position
- 25:51Speaker 1: of privilege, where they're not really understanding their own privilege
- 25:56Speaker 1: when they are making those assumptions about people, right, notion
- 26:00Speaker 1: that oh, well, why don't I just sell drugs or
- 26:02Speaker 1: why don't I just and they don't understand that, No,
- 26:06Speaker 1: that's literally the only option. It's like that or the Street.
- 26:09Speaker 3: Well, I'd like to touch on two things you said,
- 26:12Speaker 3: because one thing that people don't really acknowledge is that
- 26:17Speaker 3: a lot of people who sell drugs have full time jobs.
- 26:21Speaker 3: The full time jobs just don't make ends meet. Wow. Right,
- 26:25Speaker 3: So you know, if you're working for minimum or near
- 26:28Speaker 3: minimum wage and you live in a city like New
- 26:30Speaker 3: York City, it's not paying the rent and putting food
- 26:34Speaker 3: on the day, right. You need all of the above.
- 26:38Speaker 3: You need assistance, you need a job, and you need
- 26:41Speaker 3: a side hustle whatever that is. Right. And another thing
- 26:46Speaker 3: is that, yeah, the criminal justice system is where the
- 26:52Speaker 3: mainstream society eats up the other half of society. Right,
- 26:57Speaker 3: because if you're in a turn any more than likely
- 27:01Speaker 3: some people some of us have you know, are real people.
- 27:05Speaker 3: It's rare, but some of us are actual human beings.
- 27:09Speaker 3: But the majority of them are you know, these I
- 27:14Speaker 3: don't I don't want to disparage people, but they're they're
- 27:17Speaker 3: not human in the way that I understand people to
- 27:20Speaker 3: be right. They don't grasp what the people that are
- 27:24Speaker 3: coming into their courtroom are dealing with, right, And they're
- 27:27Speaker 3: not interested in Yes.
- 27:29Speaker 1: Yeah, and it's like I think you've struck on something
- 27:31Speaker 1: about like why you've hit such a nerve on the internet, right.
- 27:36Speaker 1: I think so many people gravitate towards your videos. If
- 27:39Speaker 1: you haven't seen them, watch them, because they really are Like,
- 27:44Speaker 1: I think there's a lot of gatekeeping in the legal industry. Vice,
- 27:46Speaker 1: there's a lot of like barriers to information because that's
- 27:49Speaker 1: how lawyers get paid. And I think you do a
- 27:53Speaker 1: great thing where you really break that down and say like, look,
- 27:55Speaker 1: this is what you do if the cops stop you, right,
- 27:58Speaker 1: and this is what you're saying, This is what you
- 28:00Speaker 1: do if you handle this situation. This is why talking
- 28:04Speaker 1: to the police is a problem, Like this is what
- 28:06Speaker 1: they're trying to do. So on that subject, is there
- 28:10Speaker 1: any are there cases you want to talk about? Are
- 28:14Speaker 1: things that have come up recently in the courts? Trends
- 28:16Speaker 1: you've seen our listeners are very key to end to
- 28:20Speaker 1: sort of like hot topic lawsuits right now.
- 28:23Speaker 3: So I'm in the criminal defense world. You know, one
- 28:26Speaker 3: thing that I've I keep seeing is that, look, people
- 28:34Speaker 3: don't understand self defense, right, they don't. They don't understand
- 28:39Speaker 3: how the law treats it. Right. I just advised somebody
- 28:42Speaker 3: on a case yesterday where he was quite literally on
- 28:46Speaker 3: a Long Island railroad platform and it's on video. He
- 28:51Speaker 3: was approached on both sides by people with ski masks
- 28:55Speaker 3: who had weapons. He forcefully asked them to leave him alone.
- 29:00Speaker 3: They continued, and he pulled out a weapon and shot
- 29:03Speaker 3: one of them. They didn't the person didn't die. But
- 29:05Speaker 3: that person is somebody who has an active armed robbery
- 29:09Speaker 3: case in Queens and has multiple pictures online displaying firearms.
- 29:14Speaker 3: Now I'm somebody who's not a big fan of firearms.
- 29:18Speaker 3: I'm not a big fan of violence, and I'm not
- 29:20Speaker 3: a fan at all of violence, but I you know,
- 29:24Speaker 3: you would think in a situation like that where the
- 29:26Speaker 3: self defense claim is so overwhelmingly strong, right, Like he's
- 29:31Speaker 3: confronted with weapons with people who are obviously there to
- 29:35Speaker 3: do them harm. You know, he was charged with attempted murder.
- 29:38Speaker 3: He spent eight months in jail before he got a
- 29:41Speaker 3: chance to get bailed out. And you know, now the
- 29:45Speaker 3: offer on you know, they're they're they're they think they're
- 29:48Speaker 3: acting like they're doing him a favor by offering him
- 29:50Speaker 3: five years in jail. And you know, yes, the weapon
- 29:55Speaker 3: was unlicensed, but in this country that line is so range, right,
- 30:00Speaker 3: because there's people who have full armories in their house.
- 30:04Speaker 2: Yeah, and you.
- 30:07Speaker 3: Know, people who are caring for a legitimate self defense.
- 30:11Speaker 3: You know, it's just something that I wish people understood
- 30:15Speaker 3: a little bit better because they think they're gonna walk
- 30:18Speaker 3: out of a police station because they defended themselves when no,
- 30:22Speaker 3: I mean, even in the best of circumstances, you're gonna
- 30:25Speaker 3: be sitting down for a while.
- 30:27Speaker 2: How long have you been doing what you do? How
- 30:29Speaker 2: long have you been attorney?
- 30:31Speaker 3: I got licensed in two thousand and one January two
- 30:35Speaker 3: thousand and one. For a little while, I did tenants
- 30:37Speaker 3: defense ten rights, So you know, I like that gave
- 30:40Speaker 3: me a good opportunity to sort of be in court
- 30:44Speaker 3: a lot really early, deal with judges and frankly, I
- 30:49Speaker 3: guess I'm calling out people. But landlord attorneys.
- 30:52Speaker 1: Are the worst.
- 30:54Speaker 3: So it's like you get a chance for some easy wins.
- 30:58Speaker 3: The reason is because New York City just started giving
- 31:02Speaker 3: people free attorneys in eviction cases. Before that, you had
- 31:10Speaker 3: unrepresented tenants coming in and landlord attorneys saying, all right,
- 31:16Speaker 3: if you get out in seven days, i'll you know,
- 31:19Speaker 3: we won't charge you any money. And they're like, can
- 31:22Speaker 3: I have thirty and they're like done, and then I
- 31:25Speaker 3: come in and it's like, hell, yeah, you're not going anywhere,
- 31:30Speaker 3: and we're withholding rent. You know, it's like you know,
- 31:33Speaker 3: so all of a sudden, they're pulling their hair. You know.
- 31:36Speaker 3: I've never been cursed out by an opposing counsel except
- 31:41Speaker 3: by landlord attorneys. They are the only ones that have
- 31:45Speaker 3: ever been on professionals.
- 31:46Speaker 1: I will say, tenant disputes are the number one things
- 31:49Speaker 1: of my DMS. Yeah, no matter from day one, everybody
- 31:52Speaker 1: deals with especially everyone does, especially I mean, it is
- 31:55Speaker 1: the issue, right that everyone deals.
- 31:57Speaker 2: With the New York I mean especially because in a
- 32:00Speaker 2: city like New York where rent is so high, right,
- 32:05Speaker 2: so you'll get roommates and then eventually somebody's going to
- 32:08Speaker 2: have a terrible roommate, right, and something's going to happen.
- 32:12Speaker 2: Or you're living in sort of the most disgusting apartment
- 32:16Speaker 2: and you're complaining about like a rat infestation, and now
- 32:21Speaker 2: you're the problem. Right. What's the goal, right, just to
- 32:25Speaker 2: get people just to have.
- 32:26Speaker 3: A turn, to get people out.
- 32:27Speaker 2: You know that you can charge more money when somebody
- 32:29Speaker 2: new comes in.
- 32:30Speaker 3: There's a lot of different reasons. By the way, I
- 32:32Speaker 3: just want to say. As an attorney, I deal with nuance.
- 32:35Speaker 3: There are a lot of bad landlords out there, but
- 32:37Speaker 3: I have a very good landlord. I live in a
- 32:39Speaker 3: rent stabilize and Harlem and Jay, you're the man. I
- 32:44Speaker 3: love you. He's working me through some tough times. I
- 32:48Speaker 3: love you.
- 32:49Speaker 2: What made you decide? You know, I've never asked Michael
- 32:52Speaker 2: this question either. What made you decide to start sort
- 32:55Speaker 2: of posting yourself online talking about the work that you do.
- 33:00Speaker 3: There's two reasons. First of all, I was starting to
- 33:02Speaker 3: practice and nobody know who the hell I was, so
- 33:04Speaker 3: I had to try to get the word out. But no,
- 33:08Speaker 3: But what I realized so when I was in law school,
- 33:13Speaker 3: the first internship I took it was with an organization
- 33:17Speaker 3: called Legal Outreach. We taught a law class to eighth
- 33:22Speaker 3: grade New York City public school students. And it's not
- 33:25Speaker 3: because I'm the greatest guy, because they paid, but it
- 33:28Speaker 3: was also honestly the best thing. Not just because it
- 33:31Speaker 3: was an awesome job. I loved working with these kids,
- 33:34Speaker 3: but it taught me that there is nothing in the
- 33:38Speaker 3: law that's too complicated that I can't explain it to
- 33:42Speaker 3: an eighth grader. Okay, Like so you know, especially in
- 33:46Speaker 3: my early days practicing. You know, I found that I
- 33:50Speaker 3: was popular with my clients, not because of anything except
- 33:54Speaker 3: that I was able to explain to them what they
- 33:56Speaker 3: were going through. Attorneys are by and large very bad
- 34:02Speaker 3: at explaining the law.
- 34:03Speaker 1: It's a communication problem.
- 34:04Speaker 3: Yes, it's communication issues. And the thing is to give
- 34:07Speaker 3: them some credit. When you know something, it's hard to
- 34:11Speaker 3: relate to somebody who doesn't know it.
- 34:13Speaker 1: And also, yes, yeah exactly. And a lot of the
- 34:16Speaker 1: times attorneys are like expertise. It's their expertise. They've done
- 34:19Speaker 1: this forever, they know every little corner up it, so
- 34:23Speaker 1: they feel like getting questioned on it is an affront, right,
- 34:27Speaker 1: or that if they have to like dumb it down. Yeah,
- 34:29Speaker 1: but really good lawyers are able to I think are
- 34:32Speaker 1: just good communicators. Because they have to explain it to
- 34:34Speaker 1: a jury, or they have to explain it to a judgment,
- 34:36Speaker 1: is nothing about the case.
- 34:38Speaker 3: Lawyers really should not discount what their clients are talking about, right,
- 34:44Speaker 3: because even if they don't have it exactly right. I've
- 34:47Speaker 3: had clients who have been like, hey, I look this
- 34:50Speaker 3: thing up and what about this, And I'm like, well,
- 34:51Speaker 3: not exactly that, But that's a good idea. Let me
- 34:55Speaker 3: let me dig into this a little bit more, you know,
- 34:57Speaker 3: because you're dealing with people, it's their life, you know,
- 35:01Speaker 3: like they're interested, they're invested.
- 35:04Speaker 1: If anyone's going to be doing the research.
- 35:06Speaker 3: And you to sort of like brush that off is
- 35:09Speaker 3: not just like you know, too proud and arrogant. It's
- 35:13Speaker 3: it's also just bad lawyering. You know, you could you
- 35:17Speaker 3: should benefit. You know, I always tell young lawyers it's like,
- 35:21Speaker 3: make best friends with the court clerks. Make best friends
- 35:25Speaker 3: with paralegals who have been in the game for a
- 35:27Speaker 3: long time, because they understand the law in a different way.
- 35:32Speaker 3: And there's they like understand these little nitty gritty parts
- 35:36Speaker 3: of the law that.
- 35:36Speaker 1: Also save your ass like nine times out of ten
- 35:39Speaker 1: unload sah, because you know the clerk and you can
- 35:42Speaker 1: just call them.
- 35:43Speaker 2: I can't tell you how well this just generally I
- 35:45Speaker 2: think that it's I think people discount support staff everybody
- 35:51Speaker 2: from like you know, the paralegal, the court clerk, the receptionist,
- 35:55Speaker 2: the secretary is and let me tell you know who
- 35:57Speaker 2: knows everything the janitor. They I am not kidding, they
- 36:02Speaker 2: really really do it. And and and it's sort of
- 36:06Speaker 2: they do and doorm It's it's because they know these
- 36:12Speaker 2: things because people discount them, right, they are invisible, and
- 36:16Speaker 2: they will say it in front of them and they
- 36:18Speaker 2: may not be able to sort of like get you
- 36:20Speaker 2: out of jail, but they will tell you, you know what,
- 36:23Speaker 2: that judge drinks. Am I wrong? But that's but but
- 36:29Speaker 2: I really think that's true, right, Like people like that
- 36:33Speaker 2: because I was a paralegal and I knew all kinds
- 36:35Speaker 2: of stuff about the attorneys because because of the attorneys
- 36:39Speaker 2: that I was working with, right, I knew when they
- 36:41Speaker 2: were having a bad day and how I could take
- 36:44Speaker 2: that bad day and use it to my advantage. Do
- 36:46Speaker 2: you know what I'm saying? So you were new, you
- 36:50Speaker 2: were trying, you had a new practice, and you want
- 36:52Speaker 2: people to know who you were.
- 36:53Speaker 3: And I wanted to try to explain the law is
- 36:56Speaker 3: so like inaccessible to people because like you read a
- 37:02Speaker 3: legal document and the way that it's written is written
- 37:05Speaker 3: in a way that nobody would ever communicate. Right, It's
- 37:09Speaker 3: not like, oh, like you could be have a master's
- 37:12Speaker 3: in English literature and it's just the way that they're
- 37:15Speaker 3: speaking is just ridiculous. Right, So if you can just
- 37:20Speaker 3: put things in plain language. Right, it's sort of created
- 37:25Speaker 3: this space for Charlotte's to come in, you know, like
- 37:28Speaker 3: the sovereign citizen types. And I don't a lot of
- 37:31Speaker 3: lawyers like to bash these sovereign citizen types. And I
- 37:34Speaker 3: understand it's very silly and you're going to get yourself
- 37:36Speaker 3: in trouble, but they're dealing with this incomprehensible power that
- 37:41Speaker 3: controls their life, their life, and they're trying to make
- 37:45Speaker 3: sense of me. They're trying to reclaim some of that power.
- 37:47Speaker 3: And you know, I get it. They're listening to people
- 37:50Speaker 3: online or telling you, oh, if you don't give the
- 37:53Speaker 3: court jurisdiction, then they can't do anything to you. And
- 37:55Speaker 3: it's like, well, let me explain to you what jurisdiction
- 37:58Speaker 3: actually is to tell you, oh, jurisdiction is so complicated,
- 38:01Speaker 3: you can never No, it's just the court's power over you. Right.
- 38:05Speaker 3: It's like if you're in.
- 38:06Speaker 1: A whether you can even go to that court.
- 38:08Speaker 3: Yeah, that's exactly. It's very simple.
- 38:10Speaker 2: Why did you start posting online other than you just
- 38:13Speaker 2: like people to listen to.
- 38:16Speaker 1: I wish I had like a reason, but I was
- 38:19Speaker 1: I was my client. I had to go pick them
- 38:23Speaker 1: up from a police station and it was during Pride Month,
- 38:25Speaker 1: and I was wearing like a crop top and Koucie
- 38:28Speaker 1: cutters and like mesh and it was I and I
- 38:31Speaker 1: had to go to the precinct and I was like,
- 38:33Speaker 1: this is the stupidest fucking thing that's ever happened to me.
- 38:35Speaker 1: And so I made a video about it, and it
- 38:37Speaker 1: got two million views, and then I was a TikTok
- 38:40Speaker 1: lawyer all of a sudden, and then I just was like, oh,
- 38:44Speaker 1: you think that's funny, wait till you hear what happened
- 38:47Speaker 1: last week. And I just started doing that and then
- 38:50Speaker 1: next thing I knew, I had, you know, a following,
- 38:53Speaker 1: and I just kind of kept doing it because I
- 38:57Speaker 1: think what I hope and maybe what I think happened
- 39:01Speaker 1: is that, like you're saying, the legal profession is opaque
- 39:06Speaker 1: and it is gate kept, and you know, non lawyers
- 39:10Speaker 1: and lawyers, there's this this divide. And I think what
- 39:15Speaker 1: I was doing, unbeknownst to myself, was that I was
- 39:18Speaker 1: showing that, you know, we are real people and very
- 39:21Speaker 1: stupid things happened to us. Yeah, and like a gay
- 39:26Speaker 1: millennial lawyer during Pride Month, like this happened to him,
- 39:32Speaker 1: and that is objectively funny that that shit went down,
- 39:37Speaker 1: and like, like, I'm sure that's happened to us, not
- 39:42Speaker 1: that specific situation, but every lawyer has had the stupidest,
- 39:46Speaker 1: most hilarious, ridiculous thing happened to them and they don't
- 39:49Speaker 1: talk about it because we're supposed to be ultra conservative,
- 39:53Speaker 1: uptight and not.
- 39:55Speaker 2: Be human but up, buttoned up.
- 39:57Speaker 1: And so the fact that I was immediately of the Internet,
- 40:00Speaker 1: an Internet fall of let's face it, gen z and millennials,
- 40:03Speaker 1: was like, I am none of those things, and yet
- 40:05Speaker 1: I'm an attorney, was I think new for the internet
- 40:11Speaker 1: to see.
- 40:12Speaker 3: I can't tell you how many attorneys come up with
- 40:14Speaker 3: me and go, oh man, I love yourself. I wish
- 40:16Speaker 3: I could say what you say online all the time.
- 40:18Speaker 1: I gotot all the time.
- 40:20Speaker 3: No one's stopping you. Maybe people are.
- 40:24Speaker 1: Like, I want to start making a following on the Internet,
- 40:25Speaker 1: and I'm like, I literally started in twenty twenty four,
- 40:28Speaker 1: like it's been two years. I was late to the
- 40:31Speaker 1: TikTok game, so like, yeah, sorry, go ahead, and no.
- 40:36Speaker 2: I just was wondering what because I feel like I've
- 40:38Speaker 2: never I know Michael forever, and I've never asked.
- 40:40Speaker 1: Them, So it just kind of happened organically. And then
- 40:43Speaker 1: I like, I was like, this is fun. And then
- 40:44Speaker 1: I made a bunch of friends on the internet. And
- 40:47Speaker 1: then you know, once you have a couple of vocal
- 40:49Speaker 1: stems go viral. Next thing you know, people are like
- 40:51Speaker 1: shouting deep bay at you on the street, right, And
- 40:55Speaker 1: you know, I love it. It's a blast.
- 40:57Speaker 2: Let me ask you, I'm really interested in the work
- 40:59Speaker 2: that you were doing with the eighth graders. So what
- 41:02Speaker 2: kind of questions would they ask you?
- 41:05Speaker 3: So kids see authority and they think, oh, I have
- 41:10Speaker 3: to do what the authority says, or I get in trouble.
- 41:13Speaker 3: In fact, that's what most people think, right, Yeah, So
- 41:17Speaker 3: you know, I they were really interested in how they
- 41:23Speaker 3: could assert their rights. They're really interested. You know, they
- 41:27Speaker 3: were worried if you know, do you get in trouble
- 41:29Speaker 3: if you say I'm not going to answer questions. You
- 41:31Speaker 3: get in trouble if you say, like I want my
- 41:34Speaker 3: parent or my lawyer. And people think that still adults think, yeah, right,
- 41:39Speaker 3: I feel like I've made the same video a million
- 41:42Speaker 3: times about just don't answer police questions.
- 41:45Speaker 1: Just don't I always say, just imagine next to the
- 41:49Speaker 1: police officer is a stenographer, core reporter, just typing everything
- 41:52Speaker 1: you're saying, right, everything's in admission in court when you're
- 41:55Speaker 1: talking to a police officer.
- 41:56Speaker 3: People don't because they think, like this woman posted on
- 42:00Speaker 3: my reply to me today and said, you know what's
- 42:04Speaker 3: wrong with just saying that I'm innocent? Well, the words
- 42:08Speaker 3: i'm innocent, first of all, if you just say them
- 42:10Speaker 3: is kind of a little bit strange. But it's also
- 42:13Speaker 3: it's not that you're saying I'm innocent, it's how you're
- 42:16Speaker 3: explaining that you're innocent, and you don't realize which facts
- 42:20Speaker 3: that they're going to use to imply the existence of
- 42:24Speaker 3: the crime.
- 42:25Speaker 1: Jury.
- 42:26Speaker 3: Yeah, I mean you can indicet a ham sandwich. That's
- 42:28Speaker 3: the old 's the.
- 42:35Speaker 1: This is Tells from the Dams, where we answer all
- 42:37Speaker 1: the wicked and wild, second twisted things you send us
- 42:39Speaker 1: on the internet.
- 42:40Speaker 2: Oh man, So, while Michael and Kayton are attorneys, they're
- 42:44Speaker 2: not your attorneys. So get your own or you could
- 42:48Speaker 2: hire me.
- 42:50Speaker 1: Exactly you can meo so Tells from the DMS people
- 42:56Speaker 1: are always sending. These are all the questions people send us.
- 42:58Speaker 1: So I thought it'd be fun to keep you around
- 42:59Speaker 1: for this segment. Because I want to ask you. Every
- 43:04Speaker 1: person in the world messages us how to get out
- 43:07Speaker 1: of jury duty. And it is for every single jurisdiction.
- 43:11Speaker 1: Like they're asking us about federal cases, they're asking us
- 43:14Speaker 1: about my small town in Ohio. What have you seen
- 43:18Speaker 1: people do? Because you do more jury selection than I do.
- 43:21Speaker 1: There's no jury in immigration court, so I can really
- 43:24Speaker 1: only call upon past experiences in the little you know,
- 43:27Speaker 1: one off criminal case that I take here and there.
- 43:29Speaker 3: Well, listen, I'll tell you this. If you say or
- 43:34Speaker 3: imply that you can't trust a police officer, they're probably
- 43:39Speaker 3: going to remove you from a jury because they want
- 43:42Speaker 3: you to trust a police in a criminal case. In
- 43:44Speaker 3: a criminal case.
- 43:44Speaker 1: So if this is the landlord dispute, yeah there're no
- 43:47Speaker 1: cop there. Yeah, yeah, no cop.
- 43:50Speaker 3: But please, if you're somebody who doesn't trust police, please
- 43:53Speaker 3: stay on the jury's I need you.
- 43:55Speaker 2: Don't get off.
- 43:58Speaker 3: I need jurors who do not trust the police.
- 44:01Speaker 1: If you want to be on a jury, I mean.
- 44:03Speaker 3: You have every reason not to. And you know, listen,
- 44:06Speaker 3: you know it's funny because I'm very critical the police.
- 44:10Speaker 3: My grandfather, who is one of my favorite people in
- 44:13Speaker 3: the world, was a new York City police officer and
- 44:16Speaker 3: both my uncles who are two of my best friends.
- 44:18Speaker 3: So as lawyers, we deal with nuance, right, you know,
- 44:22Speaker 3: we deal with nuances. You know, we have our differences
- 44:24Speaker 3: of opinion. I love them to death, but frankly, it's
- 44:29Speaker 3: not about the individual police officers. It's about the system
- 44:32Speaker 3: that they represent and everything that they're trained to do
- 44:36Speaker 3: is tell a narrative that may not be attached to
- 44:41Speaker 3: the truth, and it very often is not attached to
- 44:46Speaker 3: the truth.
- 44:47Speaker 1: We have some messages from the City of Boston. I
- 44:49Speaker 1: wonder why, let me just explain what happened.
- 44:54Speaker 2: Michael decided to go on a tear.
- 44:56Speaker 3: I think I saw this.
- 44:57Speaker 1: I'm so sick of the city of Boston. I'm not
- 45:01Speaker 1: the Scottish people for the world worse.
- 45:05Speaker 2: I don't got And the thing about it is when
- 45:08Speaker 2: I said to him, why don't you like the city
- 45:10Speaker 2: of Boston? And he said, I have a toxic X
- 45:14Speaker 2: Do you know what.
- 45:16Speaker 3: I mean? We're New Yorkers.
- 45:17Speaker 1: Why are you defending the city of Boston.
- 45:20Speaker 2: Because I don't know. Oh my god, Jay wow, against
- 45:26Speaker 2: being town. I'm trying. I'm trying. But anyway, before so, Michael,
- 45:31Speaker 2: Michael decided that he's gonna go on a tear and.
- 45:34Speaker 1: Keep us funny.
- 45:35Speaker 2: People came for.
- 45:38Speaker 1: Him, Michael, I live in Boston. This is Lanship thirteen.
- 45:41Speaker 1: We're not all that bad, though, I'll admit him a
- 45:43Speaker 1: terrible driver. See I called it, Massachusetts drivers are gonna
- 45:48Speaker 1: I think that's how I'm gonna be unalive to that
- 45:51Speaker 1: being said. I was on a flight from London to
- 45:53Speaker 1: Boston and I was listening to that episode and I
- 45:55Speaker 1: just kept love me out loud that the steward has
- 45:58Speaker 1: shushed me.
- 45:58Speaker 2: I love that. I love that.
- 46:02Speaker 3: I like that she admitted that she's a bad driver.
- 46:04Speaker 3: It's somehow everyone's a good driver, but then you get
- 46:07Speaker 3: on the road.
- 46:08Speaker 1: And they're they're not feering into me.
- 46:12Speaker 3: I don't drive, so you can't at on me. I mean,
- 46:14Speaker 3: I don't have a car. I don't drive. Now, okay,
- 46:17Speaker 3: how do you get around subway?
- 46:20Speaker 2: What happens when you leave New York?
- 46:22Speaker 1: Melissa is my lockdown.
- 46:24Speaker 3: My my wife usually drives. She's a very good driver,
- 46:28Speaker 3: and she's also the most beautiful first grade teacher in
- 46:32Speaker 3: all of the world.
- 46:34Speaker 2: I love that.
- 46:36Speaker 1: Just came back from your honeymoon.
- 46:37Speaker 3: Yes I did.
- 46:38Speaker 2: Oh so you're newly married.
- 46:39Speaker 3: Yes, we are got a baby doo in September.
- 46:42Speaker 2: Oh do you know what you're having?
- 46:43Speaker 3: Baby girl having congratulations? Yeah, he's having a boy.
- 46:50Speaker 2: And I say this, I love kids so much. I
- 46:53Speaker 2: love I'm obsessed with babies.
- 46:54Speaker 3: So please send me picture the pics as soon as Even.
- 46:58Speaker 2: When they're brand new and they look a little bit
- 46:59Speaker 2: like gremlins, I still like it.
- 47:01Speaker 3: I can't wait.
- 47:03Speaker 2: It's so excited for you.
- 47:04Speaker 3: Thank god I can afford diapers at this point. I know,
- 47:08Speaker 3: not the good ones, but.
- 47:12Speaker 1: Target.
- 47:12Speaker 2: Ye.
- 47:13Speaker 4: I have a follow up question if you don't mind
- 47:16Speaker 4: for about Jerry's selection. Sure, so if somebody doesn't says
- 47:21Speaker 4: they don't like cops, they don't even make it to
- 47:23Speaker 4: the point where you would be deciding between a person
- 47:26Speaker 4: or not.
- 47:26Speaker 3: So this is how jury selection works. Each side has
- 47:31Speaker 3: as a number of peremptory strikes. Right, you don't choose jurors,
- 47:35Speaker 3: you exclude yours, so you'll ask questions. It's called the
- 47:39Speaker 3: voir dear. And you know, each side is trying to
- 47:44Speaker 3: sort of get to know these people and sort of
- 47:46Speaker 3: get to know who they are without tipping off too much.
- 47:51Speaker 3: And you know, if you demonstrate that you're someone who
- 47:57Speaker 3: questions authority, who doesn't believe eve. You know, if you're
- 48:01Speaker 3: somebody who doesn't just take a police officer's words as
- 48:05Speaker 3: gospel truth, they're going to try to get you off
- 48:09Speaker 3: the jury because they don't. If you're a prosecutor, you
- 48:11Speaker 3: don't want that. So in volunteer.
- 48:13Speaker 1: If there's twenty or thirty people and the jury is
- 48:17Speaker 1: only twelve, he's given like three peremptory strikes before to pick,
- 48:23Speaker 1: pick and choose.
- 48:25Speaker 3: It's more than that. They're basically trying to get off
- 48:28Speaker 3: people that they think will vote not guilty, And you know,
- 48:32Speaker 3: I'm trying to get off to people who I'm sure
- 48:34Speaker 3: will vote guilty.
- 48:36Speaker 1: Okay, Okay. The people Ronda and Laura who are asking
- 48:39Speaker 1: about the video of me playing soccer with a bunch
- 48:41Speaker 1: of middle schoolers is on the internet. It's on set
- 48:45Speaker 1: well free, and there's an extended version on YouTube.
- 48:49Speaker 3: I'll repost, which is he reached out to me too.
- 48:52Speaker 3: I forgot about that guy. Oh yeah, he asked me
- 48:54Speaker 3: to play soccer with Are you kidding? Yeah?
- 48:56Speaker 1: He said, I said yes.
- 48:58Speaker 3: I was like, yeah, I'm into a but not the
- 49:00Speaker 3: gig going to me? No, No, it's I didn't. I
- 49:04Speaker 3: forgot about it, honestly, sorry, sorry will you didn't reply,
- 49:08Speaker 3: I replied, but then things came up and I just.
- 49:11Speaker 2: Because this is casting a wide net.
- 49:13Speaker 1: So I was like exhaust, I hadn't slept in like
- 49:15Speaker 1: two days. And I replied from a plane. I was like, sure,
- 49:19Speaker 1: I didn't remember. We agreed on a date. And then
- 49:22Speaker 1: it was like, it's the shoot day and I showed
- 49:24Speaker 1: up dressed like you diving for soccer wells, And I
- 49:28Speaker 1: didn't read the part where they said they wanted you
- 49:30Speaker 1: to play soccer, so I missed the whole thing.
- 49:32Speaker 3: Were you trying to block goals? Yes?
- 49:34Speaker 1: That defense, defend the goal?
- 49:36Speaker 3: Yeah, and I didn't. Yeah, anyway, no one told.
- 49:38Speaker 1: Me that was so funny.
- 49:39Speaker 3: Still the secrets, Wow, No, this is how sorry about that?
- 49:42Speaker 3: I got.
- 49:43Speaker 1: This is the business. This is the dirty business.
- 49:45Speaker 3: I just got married, I got the kid on the
- 49:48Speaker 3: you're busy, things are slipping through. I need a secretary.
- 49:51Speaker 3: I'm sorry.
- 49:53Speaker 2: So I don't know if you saw this, but we
- 49:56Speaker 2: got somebody who was talking about they worked in a
- 50:01Speaker 2: nail salon, and a woman with one hand came in
- 50:05Speaker 2: and wanted a fifty percent discount right. So this guy
- 50:09Speaker 2: was talking about all kinds of things, and for whatever reason,
- 50:12Speaker 2: this brought up for Michael the time that he accidentally
- 50:15Speaker 2: bought one shoe.
- 50:17Speaker 1: Yes on eBay and I thought that a shoe. I
- 50:19Speaker 1: thought it was like the sample of the pair.
- 50:22Speaker 2: But let the record reflect that.
- 50:25Speaker 1: The arrived and I was like, where's the other shoe?
- 50:28Speaker 2: But then he sent me the ad and I was like,
- 50:30Speaker 2: you didn't read it because it says one show said.
- 50:32Speaker 1: One shoe in the anyway fine print, one shoe to
- 50:36Speaker 1: rule them all, and in the darkness behind them this
- 50:39Speaker 1: person wrote in.
- 50:40Speaker 2: Right, So then Michael, So I asked Michael, what did
- 50:43Speaker 2: you end up doing with the shoe? And he said
- 50:45Speaker 2: he donated it. So this woman or I'm sorry, somebody
- 50:50Speaker 2: somebody wrote in and said you donated one shoe.
- 50:53Speaker 1: I don't know what to do. I just kind of
- 50:56Speaker 1: wasn't really thinking, guys, I'm.
- 50:57Speaker 3: Sorry, there's somebody with one foot who's maybe it's.
- 51:01Speaker 1: Very grateful or mismatched.
- 51:03Speaker 2: Yeah, that was actually the question that I think that
- 51:05Speaker 2: I was going to ask but didn't want to act.
- 51:08Speaker 2: I felt bad, but you went ahead and did it.
- 51:10Speaker 2: So I was just wondering you could have donated to
- 51:13Speaker 2: somebody who's who needs that one shoe? But you didn't
- 51:17Speaker 2: think about that because you're selfish.
- 51:19Speaker 1: I didn't. I didn't think at all, no problem. I
- 51:22Speaker 1: think that was where we land.
- 51:23Speaker 3: Sometimes when you donate to Goodwill, it's just here, you
- 51:26Speaker 3: throw this out.
- 51:27Speaker 2: Yeah no, I know I do that too, and I
- 51:30Speaker 2: feel bad about it sometimes. But it's like I feel
- 51:33Speaker 2: like overwhelmed.
- 51:34Speaker 1: You don't know that we don't know they're yeah, I mean,
- 51:36Speaker 1: because they might be like, oh, thank god we got
- 51:38Speaker 1: more the other more political t shirts. Like we were like,
- 51:42Speaker 1: you know what I mean, we don't know, like what
- 51:44Speaker 1: the They're not giving us a list of like things
- 51:46Speaker 1: they need.
- 51:46Speaker 3: It's like when you the shirts that have the team
- 51:50Speaker 3: that didn't win the Super Bowl on them and they
- 51:52Speaker 3: send them out across the world. People and like Ukraine
- 51:55Speaker 3: wear and I know, you know yeah Spurs World championships,
- 52:00Speaker 3: like the yacht.
- 52:00Speaker 1: Okay, well, thank you for joining us on brief recess.
- 52:03Speaker 3: Thank you for good to have you. Thank you so much.
- 52:06Speaker 3: I had a great time.
- 52:07Speaker 1: Where can everyone find you on social media?
- 52:09Speaker 3: So I'm on TikTok and Instagram. I'm at mister keep
- 52:14Speaker 3: you out of jail. So it's k e E P
- 52:17Speaker 3: y ou ou tta jail.
- 52:20Speaker 1: Hell Yeah, I love it. I love that only kids
- 52:25Speaker 1: in his neighborhood salute him and said, mister, keep you
- 52:27Speaker 1: out of jail.
- 52:27Speaker 3: I'm like sort of a micro celebrity in my neighborhood.
- 52:30Speaker 2: I love that, especially the kids. I love when kids
- 52:33Speaker 2: are paying attention, mister, keep you out of jail.
- 52:37Speaker 1: I'm mostly popular at for like a farmer's market. That's
- 52:39Speaker 1: where like that is like the listeners of the show
- 52:42Speaker 1: are at the farmer's market. This is Brief Recess. We'll
- 52:46Speaker 1: see you next week. This has been an exactly right
- 52:51Speaker 1: production recorded at iHeart Studios, posted by me Michael Foot and.
- 52:55Speaker 2: Me Melissa Malbranch. Our producer is CJ. Ferroni.
- 52:58Speaker 1: This episode was edited by Nicholas Skill.
- 53:00Speaker 2: Our associate producer is Christina Chamberlain and our guest booker
- 53:03Speaker 2: is Patria Cottner.
- 53:04Speaker 1: Our theme song was composed by Tom Brifogel with artwork
- 53:07Speaker 1: from Charlotte Delarue MNSA Lilac with photography by Brad Obono.
- 53:11Speaker 2: Brief Recess is executive produced by Karen Kilgareff, Georgia hart
- 53:15Speaker 2: Stark and Danielle Kramer.
- 53:16Speaker 1: You can find me on Instagram at Department of Redundancy
- 53:19Speaker 1: Department or on TikTok at Michael Foot.
- 53:21Speaker 2: And I'm on both Instagram and TikTok as Melissa Malbranch.
- 53:24Speaker 1: Got legal questions, reach out at brief Recess at exactlyrightmedia
- 53:28Speaker 1: dot com. Listen to brief Recess on the iHeartRadio app,
- 53:32Speaker 1: Apple Podcasts, or wherever you get your podcasts, and of
- 53:35Speaker 1: course we're a podcasts with video. Search for brief Recess
- 53:38Speaker 1: on YouTube