Latest / Serious Trouble / RICO Freak-Off (feat. Sean 'Puffy' Combs)
Transcript
- 0:08SPEAKER_00: Hi, it's Ken White.
- 0:10SPEAKER_00: And it's Josh Barrow.
- 0:11SPEAKER_00: And this is Serious Trouble.
- 0:12SPEAKER_00: Ken, something happened this week that had been sort of expected out there in the ether.
- 0:18SPEAKER_00: And it's not something we've covered yet on this show,
- 0:20SPEAKER_00: but there have been these indications that something like this might be coming down
- 0:24SPEAKER_00: the pike.
- 0:25SPEAKER_00: And this week,
- 0:26SPEAKER_00: Sean Combs,
- 0:27SPEAKER_00: also known as Puff Daddy and P.
- 0:29SPEAKER_00: Diddy and several other aliases that are listed at the top of the indictment that
- 0:34SPEAKER_00: came down for him,
- 0:34SPEAKER_00: was federally indicted.
- 0:37SPEAKER_00: And we knew that this would have something to do with sexual misconduct and
- 0:41SPEAKER_00: misconduct in his personal relationships.
- 0:43SPEAKER_00: There was that video of him assaulting his longtime girlfriend,
- 0:47SPEAKER_00: the singer Cassie,
- 0:48SPEAKER_00: in a hotel in Los Angeles in 2016.
- 0:50SPEAKER_00: And that shows up in this indictment.
- 0:52SPEAKER_00: But the marquee count in this indictment
- 0:55SPEAKER_00: is Rico.
- 0:56SPEAKER_00: And that is one thing that I had not been expecting.
- 0:59SPEAKER_00: Ken, were you expecting that it was going to be the Rico with Puff Daddy?
- 1:03SPEAKER_01: I was not expecting that Puff Daddy did the Rico or that even if he did,
- 1:07SPEAKER_01: that they would charge him with it.
- 1:09SPEAKER_01: And, you know, as usual, I awake to 10,000 messages asking me if P. Diddy did the Rico.
- 1:16SPEAKER_01: Right.
- 1:16SPEAKER_01: So, you
- 1:18SPEAKER_01: Yes,
- 1:18SPEAKER_01: this is a very aggressive federal indictment against Sean Combs,
- 1:24SPEAKER_01: and the lead count is racketeering.
- 1:26SPEAKER_01: It's specifically a racketeering enterprise allegedly stretching back many years
- 1:32SPEAKER_01: and continuing up to the present.
- 1:34SPEAKER_01: Then there is also a count for sex trafficking through force or coercion.
- 1:40SPEAKER_01: and one for the good old Mann Act.
- 1:43SPEAKER_01: Don't get a lot of Mann Act anymore.
- 1:44SPEAKER_01: A transportation of people to engage in prostitution.
- 1:49SPEAKER_00: Right.
- 1:50SPEAKER_00: Some Eliot Spitzer-type concerns there.
- 1:52SPEAKER_01: Exactly.
- 1:53SPEAKER_01: The heart of it all,
- 1:54SPEAKER_01: there's a lot of allegations that Sean Combs does a lot of illegal shit,
- 1:58SPEAKER_01: that he lives kind of like the stereotypical rapper lifestyle of guns and drugs and
- 2:04SPEAKER_01: setting things on fire and,
- 2:06SPEAKER_01: you know...
- 2:07SPEAKER_01: putting down opponents and all this type of thing.
- 2:09SPEAKER_01: But the heart of this is an allegation that he had these things called freak offs
- 2:16SPEAKER_01: where he would coerce women to participate in them and then have hired male
- 2:23SPEAKER_01: prostitutes or male performers hired to have sexual performances with them that he
- 2:29SPEAKER_01: would then watch.
- 2:30SPEAKER_00: And that that was illegal because he in some manner coerced or threatened those women into that.
- 2:36SPEAKER_00: And I mean,
- 2:37SPEAKER_00: obviously,
- 2:37SPEAKER_00: the prostitution aspect of it itself is illegal,
- 2:40SPEAKER_00: although would not be normally thought of as a marquee federal crime that you would
- 2:44SPEAKER_00: see the SDNY focusing on.
- 2:46SPEAKER_00: This is what I was confused about when I saw this indictment.
- 2:48SPEAKER_00: And I would note this indictment's only 14 pages.
- 2:51SPEAKER_00: It doesn't speak in the way that some of the other indictments that we talk about
- 2:54SPEAKER_00: on this show do,
- 2:55SPEAKER_00: where you'll get 80 pages of exposition of evidence that the government is going to
- 2:59SPEAKER_00: bring forward.
- 3:00SPEAKER_00: So there's a number of allegations in here that are not fully fleshed out.
- 3:03SPEAKER_00: Like,
- 3:03SPEAKER_00: for example,
- 3:04SPEAKER_00: as you alluded to,
- 3:05SPEAKER_00: it says that Sean Combs engaged in arson as part of his RICO activities.
- 3:09SPEAKER_00: It doesn't explain what he lit on fire, what the circumstances of the arson were, but
- 3:14SPEAKER_00: Presumably, the government has evidence about that that will come out later at trial, perhaps.
- 3:19SPEAKER_00: But when I look at this,
- 3:21SPEAKER_00: it's surprising to me that this adds up to racketeering because you have all these
- 3:26SPEAKER_00: individual crimes.
- 3:27SPEAKER_00: You have purchase and possession of drugs.
- 3:29SPEAKER_00: You have the assaults.
- 3:31SPEAKER_00: You have prostitution and interstate transportation of prostitutes.
- 3:35SPEAKER_00: You have some allegation that there was some sort of fraud or deceit that he
- 3:40SPEAKER_00: engaged in in order to have sex with certain victims.
- 3:42SPEAKER_00: And we did more detail on that to explain exactly why that was a criminal fraud
- 3:47SPEAKER_00: because not every kind of deceit one might engage in leading up to sex is a crime.
- 3:52SPEAKER_00: But basically, you have that description there.
- 3:54SPEAKER_00: But normally,
- 3:55SPEAKER_00: I feel like RICO is for like the mob and things that are like the mob,
- 3:58SPEAKER_00: things that are like,
- 3:58SPEAKER_00: you know,
- 3:59SPEAKER_00: the alleged street gang surrounding Young Thug that is subject to one of those RICO
- 4:03SPEAKER_00: prosecutions down in Atlanta,
- 4:05SPEAKER_00: where the purpose of the organization is in order to engage in crime.
- 4:10SPEAKER_00: Maybe the federal government has that here because they obviously have a lot more
- 4:14SPEAKER_00: evidence than they've shown us.
- 4:15SPEAKER_00: But it seems like a weird set of evidence so far to bring forward and say this is RICO.
- 4:19SPEAKER_01: Well,
- 4:20SPEAKER_01: as you pointed out,
- 4:21SPEAKER_01: Josh,
- 4:22SPEAKER_01: the indictment itself charges that some of the goals of this enterprise,
- 4:28SPEAKER_01: the Sean Combs enterprise,
- 4:29SPEAKER_01: are legal.
- 4:30SPEAKER_01: They're to, you know, sell merch and promote P. Diddy.
- 4:34SPEAKER_01: And make music.
- 4:35SPEAKER_01: Right.
- 4:35SPEAKER_01: Those are legal aims.
- 4:36SPEAKER_01: But it has a bunch of other illegal aims.
- 4:40SPEAKER_01: And this is sort of like always been an argument about whether Rico is now used and
- 4:45SPEAKER_01: construed too broadly,
- 4:46SPEAKER_01: whether it's
- 4:47SPEAKER_01: taken from its classic form,
- 4:49SPEAKER_01: which is going after the mafia,
- 4:52SPEAKER_01: going after something that is explicitly a criminal gang,
- 4:55SPEAKER_01: and applying it against people who have legit business and also do some crimes.
- 5:02SPEAKER_01: So far, Congress has not seen fit
- 5:05SPEAKER_01: to pull that back or to make that limitation.
- 5:07SPEAKER_01: Courts haven't either.
- 5:08SPEAKER_01: It is very difficult to plead RICO correctly,
- 5:12SPEAKER_01: but it's much easier for prosecutors because the standards for prosecutors are much lower.
- 5:17SPEAKER_01: And this is along with arguably the RICO claim against former President Trump in
- 5:22SPEAKER_01: Georgia and a few other cases like this.
- 5:25SPEAKER_01: This is kind of an illustration of how it can be used very widely.
- 5:31SPEAKER_01: The effect of using it here, Josh, I think is to solve
- 5:34SPEAKER_01: all sorts of statute of limitations problems because you can go back to crimes,
- 5:38SPEAKER_01: you know,
- 5:39SPEAKER_01: back to 2008 or something like that and have it all be a part of the pattern and of
- 5:43SPEAKER_01: the enterprise and that type of thing and throw it into the mix,
- 5:46SPEAKER_01: which you couldn't do if you were charging those crimes separately.
- 5:50SPEAKER_01: It also lets you
- 5:52SPEAKER_01: pull together a whole lot of disparate activity into a single theme and charge it.
- 5:58SPEAKER_01: So we have seen RICO cases against prominent entertainers engaged in trafficking or
- 6:07SPEAKER_01: sex-related misconduct.
- 6:09SPEAKER_01: It's something that's been effective sometimes for the Justice Department.
- 6:11SPEAKER_01: It also has unfortunate historical echoes in that the Justice Department in the
- 6:16SPEAKER_01: past has misused the Mann Act to go after Black
- 6:20SPEAKER_01: entertainers in the past, basically for taking their girlfriends across state lines.
- 6:24SPEAKER_01: This is different in that it's really accusing a system of coercion of women to
- 6:31SPEAKER_01: participate in these things.
- 6:33SPEAKER_01: But it remains to be seen,
- 6:34SPEAKER_01: and this is a question you asked me,
- 6:36SPEAKER_01: why at the hearing were the lawyers for Combs so focused on one particular victim?
- 6:43SPEAKER_00: Right.
- 6:44SPEAKER_00: Well, there's only one victim listed in the indictment.
- 6:47SPEAKER_00: The indictment refers to victims, but in terms of individuals it discusses, there's only victim one.
- 6:51SPEAKER_01: Right.
- 6:52SPEAKER_01: And I think they think if they can show that the victim one is lying or discredit
- 6:56SPEAKER_01: victim one in that scenario,
- 6:58SPEAKER_01: they think that they can—
- 7:00SPEAKER_01: make the rest of it go away or that it will be a lot less convincing if they can't
- 7:06SPEAKER_01: prove the lead example in their case.
- 7:09SPEAKER_00: Sean Combs' attorney has been doing the media rounds,
- 7:12SPEAKER_00: did a live interview on CNN with Caitlin Collins this week.
- 7:17SPEAKER_00: And spoke very confidently and in quite a bit of detail about their view of the
- 7:21SPEAKER_00: evidence in this case and the defense they're going to offer,
- 7:24SPEAKER_00: which seems to be basically that these were consensual activities and that there's
- 7:29SPEAKER_00: nothing illegal about having a gross sex party in a hotel.
- 7:34SPEAKER_00: And that, you know, the Combs obviously did assault Cassie.
- 7:38SPEAKER_00: It's on video.
- 7:39SPEAKER_00: And the attorney kept referring to that as a misdemeanor assault.
- 7:43SPEAKER_00: But,
- 7:43SPEAKER_00: you know,
- 7:43SPEAKER_00: that's that in itself is not a federal crime and basically characterized them as
- 7:47SPEAKER_00: having a long and tumultuous,
- 7:49SPEAKER_00: mutually tumultuous relationship that the federal government is blowing up into
- 7:54SPEAKER_00: this RICO conspiracy.
- 7:56SPEAKER_00: And he also made this claim that,
- 7:57SPEAKER_00: you know,
- 7:57SPEAKER_00: well,
- 7:58SPEAKER_00: the,
- 7:58SPEAKER_00: you know,
- 7:58SPEAKER_00: Kalen Collins is asking about,
- 7:59SPEAKER_00: you know,
- 8:00SPEAKER_00: what about all the other victims?
- 8:01SPEAKER_00: And again, the indictment does say victims, plural.
- 8:04SPEAKER_00: Right.
- 8:04SPEAKER_00: And the attorney kept going back to, well, they only have one victim, only victim one.
- 8:08SPEAKER_00: And he said, you know, if they had more, they would have put it in the indictment.
- 8:11SPEAKER_00: But that last part seems clearly not true to me.
- 8:13SPEAKER_00: There definitely has to be more evidence than is in this indictment because the
- 8:16SPEAKER_00: indictment is so limited in its scope.
- 8:19SPEAKER_00: Can you talk a little about how the government makes those decisions about what
- 8:23SPEAKER_00: evidence to disclose at this stage and what to hold back?
- 8:26SPEAKER_00: Because it strikes me as fairly reckless for his attorney to basically be claiming
- 8:30SPEAKER_00: that the government doesn't have more evidence here that they didn't put in the indictment.
- 8:34SPEAKER_01: Well,
- 8:34SPEAKER_01: Josh,
- 8:35SPEAKER_01: indictments involving sex and violence from the feds generally are more bare bones
- 8:40SPEAKER_01: and are less likely to be the speaking indictments we've talked about before,
- 8:43SPEAKER_01: like the ones against Trump,
- 8:45SPEAKER_01: the ones that sort of tell the story in gory detail and kind of identify things
- 8:50SPEAKER_01: that you might say they're arguing about evidence almost saying what their evidence is.
- 8:54SPEAKER_01: They don't do that in violent crimes.
- 8:57SPEAKER_01: Those tend to be pretty bare bones by tradition and because the pleading standards just don't require it.
- 9:03SPEAKER_01: So I think it is potentially reckless in that it does suggest the DOJ's
- 9:09SPEAKER_01: Press releases and statements do suggest that they have multiple victims who will testify,
- 9:14SPEAKER_01: multiple people who will testify to this stuff.
- 9:17SPEAKER_01: And if it's all in there,
- 9:18SPEAKER_01: I suspect they had,
- 9:19SPEAKER_01: I mean,
- 9:20SPEAKER_01: maybe they just did it all by summary in front of the federal grand jury.
- 9:23SPEAKER_01: In other words,
- 9:23SPEAKER_01: just had the case agent get in there and say,
- 9:25SPEAKER_01: oh,
- 9:25SPEAKER_01: yeah,
- 9:26SPEAKER_01: I've talked to this person and this person.
- 9:28SPEAKER_01: But usually on a case this big, they're pretty careful to grand jury those witnesses to lock them in.
- 9:33SPEAKER_01: And so I would be very surprised if it's true,
- 9:36SPEAKER_01: as Combs' attorney suggests,
- 9:38SPEAKER_01: that they just don't have anyone else.
- 9:40SPEAKER_00: Combs is being held without bail.
- 9:43SPEAKER_00: That was the first thing the government and his attorneys were fighting over in court this week.
- 9:47SPEAKER_00: His attorneys had a proposal about how he could be released on a $50 million bond
- 9:52SPEAKER_00: secured by his mansion in Miami Beach and that they had various ways to have
- 9:57SPEAKER_00: security that would both prevent him from fleeing and prevent him from being a
- 10:00SPEAKER_00: danger to the community.
- 10:02SPEAKER_00: And the answer was essentially summarily no.
- 10:04SPEAKER_00: Twice.
- 10:05SPEAKER_00: Right.
- 10:06SPEAKER_00: The presumption is that you are entitled to bail unless there are no available bail
- 10:09SPEAKER_00: conditions that can protect the public and ensure your parents at trial.
- 10:12SPEAKER_00: Why was that not possible here?
- 10:14SPEAKER_01: Josh, I'm touched.
- 10:15SPEAKER_01: You actually listened to me.
- 10:17SPEAKER_01: Yes, that is the correct standard for federal bail.
- 10:20SPEAKER_01: There's a presumption you're entitled to bail unless there's no combination of
- 10:23SPEAKER_01: conditions that will assure the safety of the public and that you will return for trial.
- 10:28SPEAKER_01: However, there are sometimes contrary presumptions and
- 10:33SPEAKER_01: There is one in this case related to the sex trafficking count.
- 10:36SPEAKER_01: It's a rebuttable presumption.
- 10:37SPEAKER_01: So, you know, Combs can bring up evidence to push back.
- 10:41SPEAKER_01: But ultimately,
- 10:42SPEAKER_01: the magistrate judge and then the district court judge who reviewed it both found
- 10:47SPEAKER_01: that there were no apparent set of conditions involved.
- 10:51SPEAKER_01: that would make sure that he would come back and make sure he would not be a danger to the community.
- 10:56SPEAKER_01: He offered, yeah, $50 million backed by real estate, including his house and his mom's house.
- 11:02SPEAKER_01: Now, there's a call you would prefer not to make.
- 11:05SPEAKER_01: It's now going to be appealed to the Second Circuit, but the standard is extremely unfavorable.
- 11:10SPEAKER_01: for Sean Combs.
- 11:12SPEAKER_01: By the way,
- 11:13SPEAKER_01: a friend of the show who we frequently quote here,
- 11:16SPEAKER_01: Mitch Eppner,
- 11:17SPEAKER_01: was a federal prosecutor who handled sex trafficking cases,
- 11:21SPEAKER_01: and he's offering a lot of useful commentary on this.
- 11:25SPEAKER_01: He pointed out that DOJ very rarely charges the Mann Act as they did here without
- 11:31SPEAKER_01: it being connected to something else,
- 11:32SPEAKER_01: probably because of those historical residences.
- 11:36SPEAKER_01: So that's an issue.
- 11:38SPEAKER_00: And I should note,
- 11:39SPEAKER_00: by the way,
- 11:39SPEAKER_00: count two,
- 11:40SPEAKER_00: that sex trafficking count,
- 11:41SPEAKER_00: because there's prostitution involved here,
- 11:43SPEAKER_00: I sort of assumed that the sex trafficking count referred to the prostitutes,
- 11:47SPEAKER_00: the male prostitutes.
- 11:48SPEAKER_00: That's not the case.
- 11:49SPEAKER_00: Count three, the Mann Act count, that's about the male prostitutes.
- 11:52SPEAKER_00: Count two is an allegation that Sean Combs trafficked victim one.
- 11:56SPEAKER_00: which I believe we believe is Cassie,
- 11:58SPEAKER_00: although she's not identified by name in the indictment,
- 12:01SPEAKER_00: that through coercion,
- 12:03SPEAKER_00: violence,
- 12:04SPEAKER_00: or some other efforts that Combs had caused her to participate in these so-called
- 12:10SPEAKER_00: freak-offs under duress.
- 12:12SPEAKER_00: And so that's what that trafficking count is.
- 12:14SPEAKER_00: That's not a prostitution count.
- 12:15SPEAKER_00: That's about specifically whatever he did to victim one.
- 12:19SPEAKER_01: That's right, Josh.
- 12:20SPEAKER_01: Count two specifies it's related to victim one there in the caption.
- 12:25SPEAKER_01: And it also specifies that it went from 2009 up to 2018.
- 12:31SPEAKER_01: So it's pretty old.
- 12:32SPEAKER_01: But the sex trafficking statute,
- 12:35SPEAKER_01: section 1591,
- 12:38SPEAKER_01: doesn't have a statute of limitations,
- 12:40SPEAKER_01: thanks to some enhancements Congress passed.
- 12:43SPEAKER_01: And so it would apply either to coercing
- 12:48SPEAKER_01: people or to minors.
- 12:49SPEAKER_01: There's no allegation here of minors.
- 12:51SPEAKER_01: And it appears to apply only to that victim one.
- 12:54SPEAKER_01: So that is one instance where if the defense thinks that they can thoroughly
- 13:00SPEAKER_01: discredit that one person that they you can see why they're pushing that.
- 13:05SPEAKER_00: So because of that presumption related to that sex trafficking count,
- 13:08SPEAKER_00: Sean Combs is being held without bail at the MDC in New York.
- 13:13SPEAKER_00: So I guess, first of all, can I have a venue question?
- 13:15SPEAKER_00: Do you mind if I ask you a venue question?
- 13:17SPEAKER_01: I mean, we're already talking about Wariko.
- 13:19SPEAKER_01: Knock yourself out.
- 13:20SPEAKER_00: So Sean Combs lives in Miami and Los Angeles.
- 13:24SPEAKER_00: The hotel incident that was caught on video where he assaulted Cassie,
- 13:28SPEAKER_00: which is going to be a key piece of evidence in this case,
- 13:30SPEAKER_00: that occurred in Los Angeles.
- 13:31SPEAKER_00: Why is this trial happening in New York?
- 13:34SPEAKER_01: Well, their theory is probably that some of the activities of the RICO enterprise happened in New York.
- 13:43SPEAKER_01: Maybe there was transit through New York at some time with victim one.
- 13:49SPEAKER_01: Remember,
- 13:50SPEAKER_01: the feds get a lot of discretion with venue in criminal cases as long as there's,
- 13:54SPEAKER_01: you know,
- 13:55SPEAKER_01: as long as they can show some of the activity happening there or something like that.
- 13:58SPEAKER_01: That said, it wouldn't surprise me if Combs' lawyers try to move it somewhere else.
- 14:03SPEAKER_01: But
- 14:04SPEAKER_01: You know,
- 14:04SPEAKER_01: one of the real reasons is,
- 14:05SPEAKER_01: you know,
- 14:05SPEAKER_01: it was Southern District of New York that investigated this.
- 14:09SPEAKER_01: They're hungry for it.
- 14:10SPEAKER_01: They're not going to let anyone else do it.
- 14:12SPEAKER_00: And so he's being held at the MDC,
- 14:14SPEAKER_00: which is an especially nasty federal detention facility,
- 14:18SPEAKER_00: is my understanding,
- 14:19SPEAKER_00: in New York.
- 14:19SPEAKER_00: His attorneys actually asked if he could be held in Essex County.
- 14:22SPEAKER_00: I assume they meant Essex County, New Jersey, right across the river in Newark.
- 14:26SPEAKER_00: But they actually asked if he could be held in Essex County, New York.
- 14:30SPEAKER_00: which is a four-hour drive north of the city, and they didn't get that, at least so far.
- 14:34SPEAKER_00: But that's,
- 14:35SPEAKER_00: I guess,
- 14:36SPEAKER_00: an indication of how bad the MDC is,
- 14:38SPEAKER_00: that they were asked,
- 14:38SPEAKER_00: you know,
- 14:38SPEAKER_00: please hold me,
- 14:39SPEAKER_00: you know,
- 14:39SPEAKER_00: all the way across the state.
- 14:41SPEAKER_01: Right.
- 14:41SPEAKER_01: So first of all,
- 14:42SPEAKER_01: yeah,
- 14:43SPEAKER_01: Essex County's jail is one of very many that the federal government contracts with
- 14:49SPEAKER_01: to hold some federal detainees.
- 14:51SPEAKER_01: So that's not unusual.
- 14:53SPEAKER_01: MDC is horrific,
- 14:54SPEAKER_01: and its horror has featured in the news frequently recently,
- 14:58SPEAKER_01: and they went all out with that news in their brief.
- 15:01SPEAKER_01: And the pitch was more or less, you might not be able to fix MDC, which is a horror show.
- 15:06SPEAKER_01: There's all suicides and murders and all this stuff, but at least you cannot put this guy there.
- 15:10SPEAKER_01: So the judge did not go with that, although many judges have been very critical of MDC.
- 15:16SPEAKER_01: And just a slightly dissent from something you said earlier,
- 15:18SPEAKER_01: Josh,
- 15:19SPEAKER_01: the judges were careful not to make the detention order premised on
- 15:23SPEAKER_01: on the presumption in this case.
- 15:24SPEAKER_01: They made a record that no matter what I found,
- 15:26SPEAKER_01: you know,
- 15:27SPEAKER_01: they went further to weigh the evidence because that's the way to make a
- 15:30SPEAKER_01: bulletproof on appeal.
- 15:33SPEAKER_00: Another major federal indictment that came down this week was of Ryan Wesley Routh,
- 15:37SPEAKER_00: who appears to have attempted to kill presidential candidate Donald Trump,
- 15:41SPEAKER_00: was laying in wait near his golf course in Florida,
- 15:45SPEAKER_00: was found by the Secret Service and was arrested after he ran away from there.
- 15:51SPEAKER_00: He was there with a with a rifle.
- 15:54SPEAKER_00: And so he's been arrested and he's been federally charged with possession of a
- 15:57SPEAKER_00: firearm by a felon and possession of a weapon with an obliterated serial number.
- 16:01SPEAKER_00: So he had that gun.
- 16:02SPEAKER_00: He wasn't supposed to have the gun.
- 16:03SPEAKER_00: It was supposed to have a serial number,
- 16:04SPEAKER_00: notably not charged with anything specifically having to do with trying to kill a
- 16:08SPEAKER_00: presidential candidate.
- 16:10SPEAKER_00: And so is that just,
- 16:10SPEAKER_00: you know,
- 16:11SPEAKER_00: you file the charges as soon as you can with whatever is easiest and then they'll
- 16:15SPEAKER_00: come back later with something else?
- 16:16SPEAKER_01: Exactly.
- 16:17SPEAKER_01: Those were pretty easy because he is a felon.
- 16:19SPEAKER_01: They can trace him to the gun pretty easily.
- 16:21SPEAKER_01: The gun does have an obliterated sidereal number.
- 16:25SPEAKER_01: It's the easiest, quickest charge to do.
- 16:28SPEAKER_01: And it's kind of a placeholder while they figure out if there's anything else.
- 16:31SPEAKER_01: You know,
- 16:31SPEAKER_01: as we talked before,
- 16:33SPEAKER_01: after the last attempted assassination of Donald Trump,
- 16:37SPEAKER_01: there isn't really a broad federal law that applies to attempting to assassinate
- 16:42SPEAKER_01: presidential candidates.
- 16:45SPEAKER_01: You can do things like,
- 16:46SPEAKER_01: as some people pointed out,
- 16:48SPEAKER_01: improperly intruding into an area controlled by the Secret Service,
- 16:51SPEAKER_01: but there's no federal law against assassinating a presidential candidate per se.
- 16:57SPEAKER_01: So likely,
- 16:59SPEAKER_01: the locals are going to see whether or not they can put together that type of case,
- 17:04SPEAKER_01: which would be more serious.
- 17:05SPEAKER_01: Although the feds can hit them with years and years of time for a felon in
- 17:09SPEAKER_01: possession charge if that's what they decide to do.
- 17:12SPEAKER_01: And if the
- 17:13SPEAKER_01: You know,
- 17:14SPEAKER_01: his argument is probably going to be that he's crazy and that he didn't really have
- 17:18SPEAKER_01: the intent to assassinate Trump.
- 17:20SPEAKER_01: He was just going to, you know, whatever it is.
- 17:22SPEAKER_00: Well, but what does that have to do with his defense in a gun possession case?
- 17:26SPEAKER_01: No, I mean, that would be his defense if Florida tries to charge him with attempted murder of Trump.
- 17:33SPEAKER_01: There's no hint that anyone else is involved, so they don't have a conspiracy.
- 17:36SPEAKER_01: So but attempted murder, they have to show you the specific intent to go in and kill Trump.
- 17:40SPEAKER_00: Maybe they'll find diary entries or something that'll be useful evidence.
- 17:44SPEAKER_00: But maybe they won't.
- 17:46SPEAKER_00: Is this a situation where, you know, suppose he hadn't been a felon?
- 17:49SPEAKER_00: Suppose he had a legally purchased firearm that had a serial number and he wasn't a
- 17:53SPEAKER_00: felon and there wasn't any writing or,
- 17:56SPEAKER_00: you know,
- 17:56SPEAKER_00: other record that indicated his intent here and he didn't conspire with anybody else.
- 18:01SPEAKER_00: Is it possible that he would be getting off?
- 18:04SPEAKER_01: You know,
- 18:04SPEAKER_01: the Secret Service shot at him and when the cops or the feds shoot at you,
- 18:09SPEAKER_01: you can usually count on them finding some excuse to do so and coming up with some charge.
- 18:13SPEAKER_01: I'm confident they would have found something to do.
- 18:18SPEAKER_01: Probably something like, you know, attempt to enter a control area controlled by the Secret Service.
- 18:24SPEAKER_01: Something like that.
- 18:25SPEAKER_01: But his background is of great concern and demonstrates sort of long-term mental health issues.
- 18:32SPEAKER_01: And those may complicate anything that requires proving his intent somewhat.
- 18:39SPEAKER_01: So we'll have to see.
- 18:48SPEAKER_00: We have a number of defamation cases to discuss this week.
- 18:51SPEAKER_00: And it's like when it rains, it pours, Ken.
- 18:52SPEAKER_00: There's so much defamation for us to talk about these days.
- 18:57SPEAKER_01: It's nothing but Rico and defamation, Josh.
- 18:59SPEAKER_01: Just Rico and defamation.
- 19:01SPEAKER_00: Let's start with Gary Shapley and Joseph Ziegler.
- 19:03SPEAKER_00: These are the IRS investigators who,
- 19:06SPEAKER_00: you know,
- 19:07SPEAKER_00: the whistleblowers who came forward and said the feds are going easy on Hunter Biden.
- 19:12SPEAKER_00: And they were testifying before Congress and various things like that.
- 19:16SPEAKER_00: But it seemed to have successfully derailed what was going to be a plea agreement
- 19:19SPEAKER_00: that Hunter Biden was going to take on.
- 19:21SPEAKER_00: in the gun case and the tax case that were concerning him.
- 19:24SPEAKER_00: Biden represented by prominent criminal defense attorney,
- 19:27SPEAKER_00: Abby Lowell,
- 19:29SPEAKER_00: who made a number of public statements about Shapely and Ziegler and accused them
- 19:33SPEAKER_00: of leaking certain information.
- 19:34SPEAKER_00: Now they're suing Lowell for defamation saying they didn't leak this stuff and that
- 19:38SPEAKER_00: Lowell lied about them.
- 19:40SPEAKER_00: And furthermore,
- 19:40SPEAKER_00: he lied about them,
- 19:41SPEAKER_00: not just in,
- 19:42SPEAKER_00: you know,
- 19:43SPEAKER_00: proceedings where he,
- 19:44SPEAKER_00: you know,
- 19:45SPEAKER_00: he might be immune from lawsuit over,
- 19:46SPEAKER_00: you know,
- 19:47SPEAKER_00: what you say about,
- 19:48SPEAKER_00: perhaps to Congress, but they made various public statements that were defamatory.
- 19:51SPEAKER_00: They're suing him over that.
- 19:52SPEAKER_01: Right.
- 19:52SPEAKER_01: So this is all about various things that Abby Lowell gave to Congress in response
- 20:00SPEAKER_01: to congressional investigation,
- 20:02SPEAKER_01: but crucially also released to the press.
- 20:05SPEAKER_01: That's important because,
- 20:06SPEAKER_01: as you know,
- 20:06SPEAKER_01: many jurisdictions have something that's generally called a litigation privilege,
- 20:10SPEAKER_01: that if you give something to Congress publicly,
- 20:13SPEAKER_01: In a congressional proceeding, that can't be defamation.
- 20:15SPEAKER_01: It's protected any more than it can be defamation if you file a brief in a case.
- 20:20SPEAKER_01: But by,
- 20:20SPEAKER_01: you know,
- 20:21SPEAKER_01: that ends,
- 20:23SPEAKER_01: the saying is on the courthouse steps or on the steps of Congress in this case.
- 20:27SPEAKER_01: So their point is that he released a lot of this stuff accusing these guys of being
- 20:32SPEAKER_01: the source of leaks,
- 20:33SPEAKER_01: of breaking the law,
- 20:35SPEAKER_01: all this type of thing.
- 20:37SPEAKER_01: Their argument is that,
- 20:38SPEAKER_01: in fact,
- 20:39SPEAKER_01: he knew this wasn't true,
- 20:40SPEAKER_01: that all this stuff had been released by Congress,
- 20:44SPEAKER_01: that it was public,
- 20:45SPEAKER_01: that he should have known or knew or should have known that they were not the
- 20:48SPEAKER_01: source of it and that these are unprivileged false statements that caused all sorts
- 20:53SPEAKER_01: of damages.
- 20:54SPEAKER_00: Shapely and Siegler are public figures for this purpose?
- 20:57SPEAKER_01: That's a good question.
- 20:59SPEAKER_01: They may be limited purpose public figures for this,
- 21:03SPEAKER_01: you know,
- 21:04SPEAKER_01: just in this,
- 21:05SPEAKER_01: that they somehow interjected themselves in it.
- 21:07SPEAKER_01: Although the argument,
- 21:08SPEAKER_01: the question is,
- 21:08SPEAKER_01: if you're anonymous whistleblower,
- 21:09SPEAKER_01: are you really a public figure?
- 21:12SPEAKER_01: if anyone figures out who you are.
- 21:14SPEAKER_01: I think they're probably limited purpose public figures for this whole mess.
- 21:18SPEAKER_01: This is filed in federal court in DC.
- 21:21SPEAKER_01: DC does have an anti-slap statute, although not an ideal one.
- 21:25SPEAKER_01: I expect it to be a big fight over the free speech issues,
- 21:29SPEAKER_01: although again,
- 21:31SPEAKER_01: not as good of a stance as they could have been in had he only sent things to
- 21:35SPEAKER_01: Congress and not released it to the press.
- 21:37SPEAKER_00: Is this a matter for anti-SLAPP?
- 21:39SPEAKER_00: I mean, are the statements that Lowell made necessarily constitutionally protected?
- 21:44SPEAKER_00: Or is that a fact question about, you know, did they in fact leak non-public material?
- 21:49SPEAKER_00: Is there any way to resolve this without actually getting into that fact finding?
- 21:53SPEAKER_01: Well, anti-SLAPP statutes work, Josh.
- 21:55SPEAKER_01: The first step is that the defendant has to say this falls under the SLAPP statute.
- 22:00SPEAKER_01: And the SLAPP statute generally applies to usually statements made to legislative
- 22:07SPEAKER_01: bodies or courts or statement made in public forums on issues of public interest.
- 22:12SPEAKER_01: So most anti-SLAPP statutes of any worth would apply to something saying that you
- 22:17SPEAKER_01: leaked this to the press,
- 22:18SPEAKER_01: which is a public forum.
- 22:20SPEAKER_01: Then the burden shifts to the plaintiff to show they have a probability of prevailing.
- 22:25SPEAKER_01: And that's when the question comes in.
- 22:27SPEAKER_01: Are these statements actually protected?
- 22:29SPEAKER_01: Can they at least present evidence that the statements were false and that they
- 22:34SPEAKER_01: weren't privileged in any way?
- 22:36SPEAKER_00: Well, so we will continue watching that.
- 22:38SPEAKER_00: Rudy Giuliani is not going to be continuing in court on a defamation claim that he
- 22:42SPEAKER_00: brought against Joe Biden for statements that Biden made in a presidential debate
- 22:45SPEAKER_00: back in 2020,
- 22:47SPEAKER_00: where he referred to Rudy Giuliani as a Russian pawn.
- 22:50SPEAKER_00: Giuliani did not take kindly to this.
- 22:53SPEAKER_00: He sued Biden.
- 22:54SPEAKER_00: He sued him in New Hampshire.
- 22:56SPEAKER_00: And I guess the reason for this is that New Hampshire has a longer statute of
- 22:59SPEAKER_00: limitations on defamation than certain other states.
- 23:01SPEAKER_00: So it was he was out of time to sue in a more relevant place.
- 23:05SPEAKER_00: So he filed in New Hampshire.
- 23:06SPEAKER_00: But then the court in New Hampshire said, what are you doing here?
- 23:08SPEAKER_00: This isn't a New Hampshire matter and dismissed it.
- 23:10SPEAKER_01: So he did sue there over these Joe Biden 2020 debate statements saying that,
- 23:16SPEAKER_01: you know,
- 23:16SPEAKER_01: he was a dupe of the Russians and that type of thing relating to really relating to
- 23:21SPEAKER_01: Hunter Biden's laptop and stuff like that.
- 23:24SPEAKER_01: And yes,
- 23:25SPEAKER_01: he went to New Hampshire,
- 23:26SPEAKER_01: which has for some reason that I don't understand a three year statute of limitations.
- 23:29SPEAKER_01: I guess they just think like if you're offended by something someone said for you,
- 23:33SPEAKER_01: it sticks for a really long time in New Hampshire or something.
- 23:36SPEAKER_00: Live free or die, Ken.
- 23:38SPEAKER_01: I guess that could be.
- 23:39SPEAKER_01: But live free or die within the next three years.
- 23:42SPEAKER_01: I think that's the longest one in America.
- 23:44SPEAKER_01: But he did not explain why it was being brought in New Hampshire and why crucially
- 23:50SPEAKER_01: the court had personal jurisdiction over all the defendants including Joe Biden.
- 23:54SPEAKER_01: So there are two types of personal jurisdiction.
- 23:57SPEAKER_01: That is the court's authority to exercise power over you, the defendant.
- 24:02SPEAKER_01: It can be general that you have such routine connection in the forum that,
- 24:07SPEAKER_01: you know,
- 24:07SPEAKER_01: like you live there,
- 24:08SPEAKER_01: you have a business there,
- 24:09SPEAKER_01: that the court can take power over you,
- 24:11SPEAKER_01: or specific in that,
- 24:13SPEAKER_01: you know,
- 24:13SPEAKER_01: this thing they're suing you for is something you did to or about New Hampshire.
- 24:17SPEAKER_01: And the court says is,
- 24:19SPEAKER_01: they didn't even answer this motion.
- 24:21SPEAKER_01: That's because he was claiming, oh, actually, I'm in bankruptcy.
- 24:24SPEAKER_01: I can't answer.
- 24:25SPEAKER_01: Then even when the bankruptcy was dismissed, he didn't answer.
- 24:29SPEAKER_01: By the way,
- 24:29SPEAKER_01: if you're the plaintiff in a case,
- 24:31SPEAKER_01: that doesn't mean you can stop responding to motions and things like that,
- 24:34SPEAKER_01: even if you are in bankruptcy.
- 24:36SPEAKER_01: So he just basically abandoned the case.
- 24:38SPEAKER_01: And the judge said,
- 24:39SPEAKER_01: you've offered absolutely nothing to show that there's personal jurisdiction over
- 24:44SPEAKER_01: Joe Biden or these entities.
- 24:46SPEAKER_01: Now,
- 24:46SPEAKER_01: I think if he had responded to the motion,
- 24:49SPEAKER_01: it could have been interesting because,
- 24:51SPEAKER_01: I mean,
- 24:51SPEAKER_01: Joe Biden has spent,
- 24:52SPEAKER_01: like many presidential candidates,
- 24:54SPEAKER_01: plenty of time in New Hampshire over the years.
- 24:56SPEAKER_00: Right.
- 25:03SPEAKER_01: All the times he's campaigned for president and the times he's visited as president.
- 25:07SPEAKER_01: Is that enough for general jurisdiction?
- 25:09SPEAKER_01: I don't think that's a completely ridiculous proposition that it might be.
- 25:13SPEAKER_00: But wait,
- 25:14SPEAKER_00: it would be about generally whether he directs his commentary toward New Hampshire
- 25:19SPEAKER_00: or visits New Hampshire?
- 25:20SPEAKER_00: Because that statement made in a national presidential debate,
- 25:23SPEAKER_00: it seems to me,
- 25:24SPEAKER_00: has nothing more to do with New Hampshire than with any of the other 50 states.
- 25:27SPEAKER_01: Right, but that's specific jurisdiction.
- 25:29SPEAKER_01: I'm talking about general.
- 25:30SPEAKER_01: So at some point,
- 25:31SPEAKER_01: you visit a forum enough and do business in the forum enough and take advantage of
- 25:36SPEAKER_01: the forum enough,
- 25:37SPEAKER_01: the forum gets to exercise jurisdiction over you.
- 25:39SPEAKER_01: And I would think there's a plausible argument that someone who has campaigned in
- 25:44SPEAKER_01: New Hampshire however many times maybe has enough systematic connections with the
- 25:52SPEAKER_01: forum to have general jurisdiction.
- 25:54SPEAKER_00: Does it matter how recently you campaigned there?
- 25:56SPEAKER_00: New Hampshire isn't the swing state it once was.
- 25:59SPEAKER_00: Biden, I believe, won it by seven points in 2020.
- 26:01SPEAKER_00: And I doubt that he went there late in the campaign.
- 26:05SPEAKER_01: Yeah, that would be a factor.
- 26:07SPEAKER_01: I'm just saying that if Rudy had bothered to respond,
- 26:10SPEAKER_01: I wouldn't think it's a completely frivolous argument.
- 26:13SPEAKER_00: And then I guess meanwhile, there had been a lawsuit from Hunter Biden against Giuliani over the laptop.
- 26:19SPEAKER_01: Yeah, we missed this over the summer.
- 26:20SPEAKER_01: Hunter Biden had sued Giuliani,
- 26:23SPEAKER_01: one of his many aggressive cases that we talked about that were sort of out there
- 26:28SPEAKER_01: stirring things up,
- 26:30SPEAKER_01: saying that he improperly released some of the materials taken from the infamous laptop.
- 26:36SPEAKER_01: He just agreed to dismiss that earlier in the summer,
- 26:41SPEAKER_01: probably reflecting sort of a shift in priorities and strategies.
- 26:45SPEAKER_01: It was never going to be a moneymaker thing.
- 26:48SPEAKER_01: I think it was always to something as a wedge to get in the door and get discovery
- 26:53SPEAKER_01: into things that would be helpful in the criminal cases,
- 26:55SPEAKER_01: stuff like that.
- 26:57SPEAKER_00: And then Tim Pool has a defamation suit.
- 27:00SPEAKER_00: This one is amusing.
- 27:01SPEAKER_00: Tim Pool,
- 27:02SPEAKER_00: who's one of those right-wing YouTubers who was one of the dupes in the Russian
- 27:07SPEAKER_00: FARA case who thought that he was getting money from some Belgian financier rather
- 27:12SPEAKER_00: than from the Russians.
- 27:13SPEAKER_00: He is suing Kamala Harris's campaign,
- 27:16SPEAKER_00: and he's suing them because of a Twitter post that they made that included a clip
- 27:21SPEAKER_00: from his podcast where he was interviewing Laura Loomer,
- 27:24SPEAKER_00: this complete wackadoodle
- 27:27SPEAKER_00: who has been spending increasing amounts of time around Donald Trump,
- 27:32SPEAKER_00: flying on his plane,
- 27:33SPEAKER_00: helping him prepare for debates,
- 27:34SPEAKER_00: much to the irritation of certain Republican operatives.
- 27:36SPEAKER_00: Anyway,
- 27:36SPEAKER_00: Laura Loomer appears on Tim Pool's podcast and is talking about who should be
- 27:41SPEAKER_00: executed once Donald Trump is president.
- 27:44SPEAKER_00: Harris campaign tweets this out and says that Trump operatives are coming up with a
- 27:48SPEAKER_00: plan to liquidate political opponents,
- 27:51SPEAKER_00: that they support Project 2025 and blah,
- 27:52SPEAKER_00: blah,
- 27:52SPEAKER_00: blah.
- 27:53SPEAKER_00: They're going to execute people.
- 27:55SPEAKER_00: And so Tim Pool sues saying, I oppose the death penalty and I'm not a Trump operative.
- 28:00SPEAKER_00: And they falsely accused me of holding positions that I do not hold.
- 28:05SPEAKER_01: Yeah.
- 28:06SPEAKER_01: The whole complaint is very badly done,
- 28:08SPEAKER_01: and I'll let him find that out in the motion to dismiss exactly why.
- 28:11SPEAKER_01: But it's riddled with errors.
- 28:15SPEAKER_01: The most basic error,
- 28:16SPEAKER_01: though,
- 28:16SPEAKER_01: is it's not clear even from this tweet from the Harris campaign that they're saying
- 28:21SPEAKER_01: that he is a Trump operative or that he is the one who's supporting 2025.
- 28:26SPEAKER_01: I read it as
- 28:28SPEAKER_01: referring to Laura Loomer,
- 28:29SPEAKER_01: who clearly is a Trump operative and clearly does support 2025 and explicitly is in
- 28:35SPEAKER_01: favor of executing Democrats.
- 28:37SPEAKER_01: And the funny part is,
- 28:38SPEAKER_01: to me,
- 28:38SPEAKER_01: Tim Pool's big defense is,
- 28:40SPEAKER_01: you know,
- 28:40SPEAKER_01: he tries to style himself as like a classic liberal.
- 28:44SPEAKER_01: Oh, actually, I'm in favor of all these broad liberal principles.
- 28:47SPEAKER_00: The party left me.
- 28:49SPEAKER_01: Yeah.
- 28:49SPEAKER_01: The fact that I hang out with lots of people like Laura Loomer is just, you know,
- 28:53SPEAKER_01: my open-mindedness and my commitment to open debate.
- 28:58SPEAKER_01: But his pushback against Laura Loomer is really quite mild.
- 29:03SPEAKER_01: And the proposition that he's some sort of crusader against the things that Trump
- 29:08SPEAKER_01: and the 2025 Project want to do is pretty dubious.
- 29:11SPEAKER_01: So I think this is really a sort of attention grab.
- 29:16SPEAKER_01: It's lawfare.
- 29:18SPEAKER_01: It's look at me taking on
- 29:21SPEAKER_01: Kamala Harris,
- 29:21SPEAKER_01: please forget that I was effectively a dupe of the Russians and too dumb to know I
- 29:26SPEAKER_01: was getting paid indirectly by them.
- 29:30SPEAKER_01: I actually think that Tim Pool may be too much of an idiot to be a Trump operative.
- 29:34SPEAKER_00: Well, so I guess, I mean, the tweet said that Trump operatives, plural, were seeking to do this.
- 29:39SPEAKER_00: So it has to have been referring to Loomer and at least one other person.
- 29:44SPEAKER_00: Now,
- 29:44SPEAKER_00: I guess that doesn't,
- 29:45SPEAKER_00: you know,
- 29:45SPEAKER_00: you could post a clip of one person saying this and talk about how that's something
- 29:49SPEAKER_00: that that person and other people in her category are proposing to do.
- 29:52SPEAKER_00: It doesn't mean you're referring to the interviewer.
- 29:54SPEAKER_00: It also seems to me that it undermines Pool's own argument when he says,
- 29:58SPEAKER_00: you know,
- 29:59SPEAKER_00: they said Trump operatives are saying this,
- 30:00SPEAKER_00: but I'm not a Trump operative and I don't say that.
- 30:03SPEAKER_00: And it seems that goes to the idea that the tweet was never referring to him in the first place.
- 30:08SPEAKER_01: Right.
- 30:08SPEAKER_01: And also, I mean, Trump operative is a term of art.
- 30:13SPEAKER_01: It doesn't have a specific definition.
- 30:15SPEAKER_01: It's opinion based.
- 30:17SPEAKER_00: Well, but it's ordinarily supposed to refer to someone who's in the employ of the campaign.
- 30:20SPEAKER_00: It's not merely,
- 30:21SPEAKER_00: you know,
- 30:21SPEAKER_00: a sycophantic journalist is not an operative for the campaign,
- 30:25SPEAKER_00: even if they,
- 30:26SPEAKER_00: you know,
- 30:26SPEAKER_00: act as though they were on the payroll.
- 30:28SPEAKER_01: But,
- 30:28SPEAKER_01: I mean,
- 30:28SPEAKER_01: it's common in political debate,
- 30:30SPEAKER_01: particularly on places like Twitter,
- 30:33SPEAKER_01: to call anyone who favors a candidate an operative or a hack or a supporter or
- 30:37SPEAKER_01: whatever it is.
- 30:39SPEAKER_01: It's not a precise term.
- 30:41SPEAKER_01: It's not like employee.
- 30:42SPEAKER_01: So it's a tough case for him to do.
- 30:45SPEAKER_01: And I think he's mostly doing it to disrupt, maybe to try to get discovery and to get headlines.
- 30:51SPEAKER_01: And I'm sure he'll get the headlines.
- 30:53SPEAKER_01: But I suspect the campaign will smack it down pretty hard.
- 30:57SPEAKER_00: He won't get discovery.
- 30:58SPEAKER_00: This will go on a motion to dismiss.
- 31:00SPEAKER_01: I suspect it'll get hit very hard at the motion to dismiss stage.
- 31:04SPEAKER_01: It's in West Virginia federal court.
- 31:06SPEAKER_01: I don't believe there's a usable slap.
- 31:07SPEAKER_01: But, you know, there are plenty of other issues that are ripe for adjudication on a motion to dismiss.
- 31:14SPEAKER_00: Finally,
- 31:14SPEAKER_00: this week,
- 31:15SPEAKER_00: I would be remiss if we did not discuss Alina Haba,
- 31:17SPEAKER_00: perhaps the most incompetent of Donald Trump's attorneys.
- 31:21SPEAKER_00: Don't commit me to that.
- 31:22SPEAKER_00: There's so many of them and so many of them are very stupid.
- 31:25SPEAKER_00: It's hard for me off the top of my head to think of one of his attorneys who is worse than Alina Haba.
- 31:29SPEAKER_01: Yeah, I mean, that is coming out ahead in a very hotly contested race right there.
- 31:35SPEAKER_01: But she's sort of the archetype of the attorney who's Trump's attorney because she
- 31:39SPEAKER_01: says or does whatever Trump wants.
- 31:42SPEAKER_01: One of the things you might remember we talked about before is that when a staff
- 31:47SPEAKER_01: member at the Bedminster Golf Resort was claiming sexual harassment there,
- 31:53SPEAKER_01: she,
- 31:54SPEAKER_01: while Trump's lawyer,
- 31:57SPEAKER_01: went to this person
- 31:59SPEAKER_01: That's not ethical, right?
- 32:01SPEAKER_01: You're not supposed to do that.
- 32:02SPEAKER_01: Right.
- 32:23SPEAKER_01: Then,
- 32:24SPEAKER_01: when she found out about this,
- 32:25SPEAKER_01: the staffer,
- 32:27SPEAKER_01: she brought this suit against them all,
- 32:30SPEAKER_01: saying basically she was defrauded and coerced and all that.
- 32:33SPEAKER_01: This past week, Alina Haba settled that for undisclosed terms.
- 32:39SPEAKER_01: It would not surprise me if this still results in some sort of bar action.
- 32:43SPEAKER_01: against Habba,
- 32:44SPEAKER_01: if any of the facts that this former waitress at Bedminster says are true,
- 32:50SPEAKER_01: then it absolutely should result in bar discipline.
- 32:54SPEAKER_00: And then finally, before we go, I have a correction from last week.
- 32:56SPEAKER_00: We killed someone.
- 32:57SPEAKER_00: Rafael Cruz, Ted Cruz's father, is not dead like we said he was last week.
- 33:02SPEAKER_00: He's 85.
- 33:04SPEAKER_00: God, it was so long ago that he killed JFK.
- 33:07SPEAKER_00: But he is still among the living.
- 33:09SPEAKER_00: And so, Rafael Cruz, if you're listening out there, I want to apologize for killing you off.
- 33:12SPEAKER_00: We want to welcome you back among the living.
- 33:14SPEAKER_01: Although, I mean, Ted Cruz is his son.
- 33:16SPEAKER_01: He probably wishes he were dead.
- 33:20SPEAKER_00: Okay, Ken, I think we can leave it there.
- 33:22SPEAKER_00: Thank you for speaking with me as always.
- 33:23SPEAKER_01: Thank you as always, Josh.
- 33:25SPEAKER_00: Serious Trouble is created and produced by Very Serious Media.
- 33:27SPEAKER_00: That's me and Sarah Faye.
- 33:28SPEAKER_00: Jennifer Swadik mixed this episode.
- 33:30SPEAKER_00: Our theme music is by Joshua Mosier.
- 33:31SPEAKER_00: Thanks for listening.
- 33:32SPEAKER_00: We'll be back with more soon.
- 33:33SPEAKER_01: See you next time.