Latest / The M&M Experience / Tuesday September 1 2026 | 9 weeks to Midterms; Lindsay Clancy Jury Deadlocked

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Tuesday September 1 2026 | 9 weeks to Midterms; Lindsay Clancy Jury Deadlocked · The M&M Experience

• 0:01
  Speaker 1: Welcome to a meeting of the minds crafted from decades
• 0:05
  Speaker 1: of talk show experience, an extension of the magic they've
• 0:08
  Speaker 1: created together on radio in the phenomenon called M & M.
• 0:13
  Speaker 1: Hot topics in the news and wisdom from life. It's
• 0:17
  Speaker 1: Mark Davis and Mike Gallagher. This is M & M Extra.
• 0:22
  Speaker 2: For the first day of September. Welcome, everybody. It is Tuesday,
• 0:26
  Speaker 2: September 1. Mark Davis here, half of the M's, half
• 0:29
  Speaker 2: the hosts, twice the enthusiasm. We'll see how that works out. Well,
• 0:34
  Speaker 2: I'll tell you what's going to work out today and tomorrow.
• 0:36
  Speaker 2: We've got some things planned for tomorrow. I'm going to
• 0:39
  Speaker 2: do a deep dive tomorrow into something happening right in
• 0:42
  Speaker 2: front of my face and many of you, and that
• 0:44
  Speaker 2: is the Texas Senate race. It should be pretty cut
• 0:48
  Speaker 2: and dried as far as Ken Paxton and James Tallarico
• 0:51
  Speaker 2: are There are complicating factors that we just shouldn't have
• 0:55
  Speaker 2: here in Texas and around the country. It's called whiny
• 0:59
  Speaker 2: obstructionists who just can't handle the fact that Texas voters
• 1:02
  Speaker 2: demanded change. But sit tight. We'll have that for you
• 1:05
  Speaker 2: in detail on tomorrow's M. It'll return to actual M &
• 1:10
  Speaker 2: M as both of the M's are back with you
• 1:12
  Speaker 2: for Thursday and Friday. I'm Mark Davis. Happy morning host
• 1:15
  Speaker 2: here at 660 AM. The answer in Dallas, Fort Worth.
• 1:18
  Speaker 2: The other M is the currently away. Mike Gallagher, host
• 1:23
  Speaker 2: of National Renown and Global Fame. And we'll be back
• 1:27
  Speaker 2: together for Thursday and Friday and parts of next week.
• 1:30
  Speaker 2: And I'm gone the week of September 21st. We'll have
• 1:34
  Speaker 2: you covered in some manner of speaking, no matter what.
• 1:38
  Speaker 2: And so for today's exercise, let me just remind you
• 1:41
  Speaker 2: that we are brought to you every day by Preborn.
• 1:44
  Speaker 2: These are fantastic people who help you stand for life,
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  Speaker 2: preborn.com slash mmextra and more later on what you can
• 2:06
  Speaker 2: do for these fantastic people. So to begin, what can
• 2:10
  Speaker 2: we do to forestall a certain disaster nine weeks from today?
• 2:16
  Speaker 2: Surely you've heard the narrative. that the midterms, it's just
• 2:22
  Speaker 2: going to be, as they say in podcast land, an
• 2:27
  Speaker 2: ass-kicking for the ages. And you know what? It might be.
• 2:32
  Speaker 2: Or it might not. I think that there are so
• 2:36
  Speaker 2: many variables. There are so many X factors. So many
• 2:41
  Speaker 2: things that could go a certain way or a certain
• 2:44
  Speaker 2: other way. Let me toss those out here on the
• 2:46
  Speaker 2: table a little bit, because anytime there's something in life,
• 2:51
  Speaker 2: in politics, in a relationship, in a business deal where
• 2:56
  Speaker 2: there's a lot of uncertainty, find a list of the
• 2:59
  Speaker 2: things that you do have some control over. Find a
• 3:01
  Speaker 2: list of the things that are factually correct, that are
• 3:06
  Speaker 2: certain when dealing with it. There's going to be a
• 3:08
  Speaker 2: portion of life, a certain slice of the pie. That's
• 3:11
  Speaker 2: always going to involve uncertainty. I mean, please, we know
• 3:14
  Speaker 2: that in our daily lives. We know it in politics.
• 3:16
  Speaker 2: We know it in every realm. But in those times
• 3:21
  Speaker 2: of uncertainty, hold fast to those things that are a constant,
• 3:27
  Speaker 2: those things that you can count on. So what might
• 3:31
  Speaker 2: those be? First, the tough part. Yeah. I sat on
• 3:37
  Speaker 2: the radio this morning. I formed a sentence. You ever
• 3:40
  Speaker 2: form a sentence in your head? You think about saying that,
• 3:42
  Speaker 2: and then you go, hmm. The sentence that formed in
• 3:45
  Speaker 2: my head was, this war is still going to be
• 3:48
  Speaker 2: going on on November 3rd. Now, I don't know that,
• 3:51
  Speaker 2: so I didn't say it, and I'm not going to
• 3:53
  Speaker 2: say it now. I will say that it appears pretty
• 3:58
  Speaker 2: unlikely that that we're going to have a tidy– well,
• 4:03
  Speaker 2: nothing was going to be tidy– that we will have
• 4:05
  Speaker 2: a satisfying, a definitive, encouraging end or exit ramp to
• 4:14
  Speaker 2: the war in time for gas prices to really improve
• 4:19
  Speaker 2: by November 3rd and for everybody to feel great about
• 4:22
  Speaker 2: the way the war went. That and I mean, everybody,
• 4:25
  Speaker 2: not just me. I'm a believer. I support Trump. I
• 4:28
  Speaker 2: support the aims of the war. I'm all in this. Yeah, absolutely.
• 4:32
  Speaker 2: It gives me a seemingly endless well of patience from
• 4:36
  Speaker 2: which to to draw. But you also have to look objectively.
• 4:40
  Speaker 2: You got to look at independent voters, got to take
• 4:42
  Speaker 2: a look at how people are going to be feeling
• 4:45
  Speaker 2: about everything. And I had drawn my own little personal
• 4:50
  Speaker 2: line in the Strait of Hormuz was that we probably
• 4:53
  Speaker 2: needed to have this wrapped up during the month of September.
• 4:56
  Speaker 2: So it's September 1st. We got 29 more days to
• 4:59
  Speaker 2: get this done. Who's with me? And I know I'm
• 5:02
  Speaker 2: being inappropriately flippant about something that's very serious, but it's
• 5:06
  Speaker 2: just my way of illustrating that this is going to
• 5:09
  Speaker 2: be a huge month. And let's check back on September 30th.
• 5:16
  Speaker 2: or every day since, because we'll be here, and just
• 5:19
  Speaker 2: sort of see how we think it's going. See how
• 5:21
  Speaker 2: we think it's going. And I don't think we need
• 5:26
  Speaker 2: to have a signing ceremony on the USS Missouri where
• 5:29
  Speaker 2: all the terrorists go, oh, how wrong we have been.
• 5:32
  Speaker 2: Just something, man. Throw us a bone, man. If there's
• 5:38
  Speaker 2: just something that looks like a cause for optimism, because
• 5:41
  Speaker 2: the thing is, that with a media culture that hates
• 5:45
  Speaker 2: the war and Democrats rooting for us to lose it,
• 5:48
  Speaker 2: it's easy to get lost in the fog that there
• 5:53
  Speaker 2: are two major aims, really major aims of the war
• 5:55
  Speaker 2: effort for Iran not to become a nuclear power threat
• 5:58
  Speaker 2: to its neighbors or to us. That's pretty well done,
• 6:01
  Speaker 2: at least temporarily. And for Iran to no longer be
• 6:03
  Speaker 2: able to be a reliable funnel of terrorist funding to
• 6:08
  Speaker 2: Hamas and Hezbollah. And that's pretty well been done, too.
• 6:11
  Speaker 2: But it's temporary. It's for now. They could rear their
• 6:15
  Speaker 2: heads and become a danger again, probably in pretty short order.
• 6:19
  Speaker 2: If we don't, here comes the term of the year,
• 6:22
  Speaker 2: finish the job, whatever that looks like. So month of
• 6:27
  Speaker 2: September is going to be a big chronicling of how
• 6:30
  Speaker 2: the war effort looks like it's going. And that, of course,
• 6:33
  Speaker 2: is tied directly to the economy. and to gas prices,
• 6:39
  Speaker 2: and to the price of everything. Affordability has, you might
• 6:42
  Speaker 2: have noticed, reared its head. President Trump distances from the
• 6:45
  Speaker 2: concept of affordability as a cudgel to beat his brains
• 6:49
  Speaker 2: in with. He knows that things are expensive, and he's
• 6:51
  Speaker 2: trying to do things about it with less regulation, lower taxes,
• 6:55
  Speaker 2: less government in our lives, the kind of conservative things
• 6:57
  Speaker 2: that tend to work well for an economy. They sure
• 7:00
  Speaker 2: did during Reagan. But obviously, it's going to be a
• 7:05
  Speaker 2: possible headwind going into November 3rd if things remain pretty costly.
• 7:10
  Speaker 2: And what his point has been, and it's been my
• 7:13
  Speaker 2: point too, is we suddenly discovered affordability during Trump when
• 7:16
  Speaker 2: things were pretty tough during Biden as well. We do
• 7:19
  Speaker 2: remember Biden, don't we? And the media wasn't making a
• 7:22
  Speaker 2: big stink about it then. So.
• 7:27
  Speaker 2: Those are the challenges. But when voters go in, that's
• 7:31
  Speaker 2: silly me. I almost said when they go, when they
• 7:34
  Speaker 2: walk into the polls on November 3rd, does anybody even
• 7:37
  Speaker 2: do that anymore? With all the mail-in voting and early
• 7:41
  Speaker 2: voting and all of this nonsense. In my day, we
• 7:45
  Speaker 2: had one election day and we went to a place
• 7:47
  Speaker 2: to vote and we liked it. Doggone it, we liked.
• 7:51
  Speaker 1: Yeah, I did.
• 7:52
  Speaker 2: Now, there are all kinds of different ways to vote.
• 7:55
  Speaker 2: All we wanted was for you to be able to
• 7:57
  Speaker 2: prove who you were and prove you're an American citizen.
• 7:59
  Speaker 2: That's asking too much. Apparently, it is. By the way,
• 8:03
  Speaker 2: the failure to pass the Save America Act is probably
• 8:05
  Speaker 2: a Republican conservative voter enthusiasm suppressant. So that's not good either.
• 8:13
  Speaker 2: But OK, OK, OK. Enough Debbie Downer. What is good?
• 8:16
  Speaker 2: What is good? Hi, Borders. borders remember that problem it's
• 8:21
  Speaker 2: like we are funny people we solve a problem and
• 8:24
  Speaker 2: we don't have enough appreciation that we solved it if
• 8:27
  Speaker 2: you have cancer boy do i really want to do
• 8:29
  Speaker 2: this if i do i'm plowing forward if you have
• 8:32
  Speaker 2: cancer and your cancer is cured aren't you appreciative of
• 8:36
  Speaker 2: it for every day of the rest of your life
• 8:38
  Speaker 2: yeah you six months later you go i think i
• 8:40
  Speaker 2: had cancer i'm not sure i don't really know whatever
• 8:43
  Speaker 2: no you're not flippant about that so the border you're
• 8:48
  Speaker 2: This is very poetic or very clumsy. I don't know
• 8:50
  Speaker 2: which you tell me. The border was a cancer on
• 8:52
  Speaker 2: the American economy. And not just Biden, but Obama before him. Heck,
• 8:57
  Speaker 2: we had Republican presidents who let too many illegals in.
• 9:01
  Speaker 2: And it's been solved. Now, we still have problems with
• 9:08
  Speaker 2: people overstaying their visas, with H-1Bs. It's not like the
• 9:12
  Speaker 2: whole immigration landscape has been fixed. But the problem of
• 9:17
  Speaker 2: countless people pouring across the border fixed. Crime is just
• 9:21
  Speaker 2: much better. We've achieved environmental sanity. We've achieved gender sanity.
• 9:27
  Speaker 2: Now it's not like you snap a finger and it's done,
• 9:29
  Speaker 2: but these battles are being won and that ought to
• 9:33
  Speaker 2: be worth something, I would think. So, so many questions,
• 9:37
  Speaker 2: so many questions. How will the war be going? Uh,
• 9:42
  Speaker 2: how much will gas be? Uh, How much credit will
• 9:45
  Speaker 2: Republicans get for solving those things that I just described?
• 9:49
  Speaker 2: We deserve to get plenty. Will we? I don't know.
• 9:52
  Speaker 2: We'll find out. And that's what makes the midterms almost
• 9:55
  Speaker 2: impossible to predict. I know the chances are. that it's
• 10:01
  Speaker 2: not going to be a great Republican day. That tends
• 10:03
  Speaker 2: to be the way things go. Right after a party
• 10:05
  Speaker 2: wins the presidency, the next midterms, they get kicked in
• 10:09
  Speaker 2: the butt. That absolutely could happen. But it doesn't have to.
• 10:13
  Speaker 2: I don't think that it has to. We'll see what
• 10:16
  Speaker 2: kind of drama unfolds. Let me tell you the kind
• 10:18
  Speaker 2: of drama that unfolds in a fantastic book. It's called
• 10:22
  Speaker 2: Carbon Zero by our friend Craig Stanfill. This is a
• 10:25
  Speaker 2: fantastic book. It's about AI. So you got that. And
• 10:30
  Speaker 2: it's kind of an apocalyptic, horrible things happen over the
• 10:35
  Speaker 2: entire planet. That's always kind of a fun plot line
• 10:37
  Speaker 2: for me. So if you take that and high tech
• 10:41
  Speaker 2: and out of control AI and put it in book form, bam,
• 10:44
  Speaker 2: there you are. That's exactly what Craig has done. Pre-order it.
• 10:47
  Speaker 2: At Amazon, what happens is some people with some really
• 10:50
  Speaker 2: good intentions have an idea that sounds like a good idea,
• 10:53
  Speaker 2: and it really turns out to not be a good
• 10:55
  Speaker 2: idea at all. No spoilers. I'll let you read it
• 10:59
  Speaker 2: as I'm doing and fill in your own blanks. Go
• 11:02
  Speaker 2: to pre-order now for a limited time. The Kindle edition
• 11:05
  Speaker 2: is just $ 2. 99 for our viewers here on M &
• 11:07
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• 11:11
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• 11:13
  Speaker 2: the author, again, is Craig Stanfill, S-T-A-N-F-I-L-L, Carbon Zero. Get
• 11:18
  Speaker 2: the discounted rate during pre-order time right now. That's the
• 11:21
  Speaker 2: good folks helping you out there in the book world
• 11:25
  Speaker 2: with plots that you can appreciate. I love authors that
• 11:30
  Speaker 2: do things that are as fresh as today's headlines. And
• 11:34
  Speaker 2: I also wish I could write a headline every day
• 11:35
  Speaker 2: about how much better I feel, how much better I
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  Speaker 2: am in that right shoulder of mine, thanks to Relief Factor.
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  Speaker 2: in the back for the ever-changing names of my dogs.
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  Speaker 2: I can't wait for Mike to come back and screw
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  Speaker 2: up the names of my dogs again. It's Jake and Bruno,
• 12:00
  Speaker 2: then it became Jake and Hugo, then Jack and Diane.
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  Speaker 2: to help. And we hope you'll soon share your story
• 12:43
  Speaker 2: with us as well. So let me share a story about...
• 12:49
  Speaker 2: This is interesting. I pitched this or framed it on
• 12:51
  Speaker 2: the radio show this morning. There's a bit of news
• 12:57
  Speaker 2: about the most loved woman in recent history and the
• 13:00
  Speaker 2: most hated woman of the moment. We'll get to Lindsay
• 13:03
  Speaker 2: Clancy in a minute because her jury, as tape rolls
• 13:07
  Speaker 2: on this right now, At roughly midday, that jury is deadlocked,
• 13:11
  Speaker 2: and I don't think they're going to come back with
• 13:12
  Speaker 2: anything by this afternoon, so we'll see. We'll get to
• 13:14
  Speaker 2: her in a minute. Let's go to maybe not just
• 13:18
  Speaker 2: one of the most loved women, but one of the
• 13:20
  Speaker 2: most loved people in the recent history ever, and that's
• 13:24
  Speaker 2: Dolly Parton. She wound up back in the news. Of course,
• 13:27
  Speaker 2: she was nothing but the news for her. The news
• 13:31
  Speaker 2: was nothing but her for a good long while and
• 13:33
  Speaker 2: a deserved period of time of love and reverence and
• 13:38
  Speaker 2: observance of her magnificent life. Then there was a mayor
• 13:42
  Speaker 2: in Olive Branch, Mississippi. I was in Memphis for a
• 13:45
  Speaker 2: few years, 1985 to 90. It's right there at the
• 13:48
  Speaker 2: southwest corner of the state. So you got Arkansas over
• 13:51
  Speaker 2: to one side and Mississippi down south. And Senatobia, Holly Springs,
• 13:56
  Speaker 2: Olive Branch, these wonderful little Mississippi communities that were kind
• 13:59
  Speaker 2: of Memphis suburbs. Olive Branch, a cool little town. And
• 14:02
  Speaker 2: they've got a mayor and he did not want to
• 14:04
  Speaker 2: put the flags at half staff for Dolly. Let's go
• 14:08
  Speaker 2: to the phones.
• 14:11
  Speaker 1: What?
• 14:11
  Speaker 2: What? How dare he? You know, get a rope. So
• 14:14
  Speaker 2: I offered that on the show this morning and I
• 14:16
  Speaker 2: offered it in the following way and I offer it
• 14:18
  Speaker 2: for you now. His point was. let's not go jacking
• 14:24
  Speaker 2: with putting the flag at half staff for all kinds
• 14:27
  Speaker 2: of people who are not former presidents and not heads
• 14:30
  Speaker 2: of state and not war heroes. I think he's just
• 14:34
  Speaker 2: worried that at some point we're, you know, we're, we're,
• 14:37
  Speaker 2: you know, dropping it for Bruno Mars. Should he meet
• 14:40
  Speaker 2: an untimely end? Actually, I like Bruno. Let's let here,
• 14:44
  Speaker 2: let's use De Niro. If we had a, if we
• 14:46
  Speaker 2: had a Democrat president and Robert De Niro died, And
• 14:49
  Speaker 2: they talked about putting those flags at half staff for
• 14:51
  Speaker 2: Robert De Niro. I am on the streets with a
• 14:53
  Speaker 2: flaming pitchfork in protest. So the mayor has a point
• 15:00
  Speaker 2: that we really want to keep the bar stratospherically high
• 15:06
  Speaker 2: for where we put the flag to half staff. There
• 15:10
  Speaker 2: have been a lot of state governors can do it.
• 15:13
  Speaker 2: Whitney Houston was a daughter of New Jersey. Clarence Clemens, Springsteen,
• 15:17
  Speaker 2: saxophone guy. They brought the flags down in New Jersey.
• 15:21
  Speaker 2: Rhonda Sanders did it for Jimmy Buffett. You know, all good,
• 15:24
  Speaker 2: all good, all good. These are governors doing things in
• 15:28
  Speaker 2: certain states. When the national flag goes down, I mean,
• 15:32
  Speaker 2: you're going to get it for Dr.
• 15:33
  Speaker 1: King.
• 15:34
  Speaker 2: You're going to get it for Rosa Parks. You're going
• 15:37
  Speaker 2: to get it for Billy Graham. You're going to get it.
• 15:40
  Speaker 2: But entertainment figures, entertainment figures. How many other people from
• 15:47
  Speaker 2: the world of entertainment have had a president drop the
• 15:50
  Speaker 2: flag to half-staff? The answer appears to be one. One.
• 15:55
  Speaker 2: Want to take a guess? The president who did it
• 16:00
  Speaker 2: was George W.
• 16:01
  Speaker 1: Bush.
• 16:03
  Speaker 2: The year was 2003. The entertainer was Bob Hope. So,
• 16:12
  Speaker 2: that's some pretty rarefied air. That's a pretty special category there.
• 16:18
  Speaker 2: Bob Hope, Dolly Parton. That work for everybody? It kind
• 16:21
  Speaker 2: of does for me. I can't necessarily think of anybody
• 16:24
  Speaker 2: else who I'd shoehorn onto that half a Mount Rushmore.
• 16:28
  Speaker 2: I also don't think that putting Dolly on the list
• 16:31
  Speaker 2: of folks who deserve this means that, you know, that
• 16:38
  Speaker 2: Kid Rock and Ricky Gervais are right behind. Why did
• 16:42
  Speaker 2: it come up with them? So, I think the mayor
• 16:46
  Speaker 2: has a point, but I think Dolly was deserving. Okay,
• 16:51
  Speaker 2: I think the mayor has a point, but I think
• 16:53
  Speaker 2: that Dolly was deserving. I think people have a point
• 17:01
  Speaker 2: about postpartum and looking at the Lindsay Clancy story, but
• 17:06
  Speaker 2: I think I know why the jury's deadlocked. I'll talk
• 17:08
  Speaker 2: about that with you in just a minute. As I
• 17:10
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• 17:12
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  Speaker 2: women to choose life. If indeed we're not going to
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  Speaker 2: have abortion outlawed, that people are going to have as
• 18:25
  Speaker 2: much choice as their individual states will allow. Weirdly, since
• 18:29
  Speaker 2: the Dobbs decision, we've had more abortion with pills in
• 18:31
  Speaker 2: the mail and all kinds of things going on. But
• 18:34
  Speaker 2: I'll tell you who's pushing back is our friends at Preborn.
• 18:37
  Speaker 2: At Preborn, they are raising money. to give free ultrasounds
• 18:43
  Speaker 2: to women. Because if you're pregnant and you're scared, I'm 16,
• 18:46
  Speaker 2: I don't know what I'm going to do. Or I've
• 18:48
  Speaker 2: got three kids and I don't want a fourth and
• 18:50
  Speaker 2: I don't know what I'm doing. There are lots of
• 18:51
  Speaker 2: reasons to not. The unwanted pregnancy is an issue. I
• 18:55
  Speaker 2: get it. I'll never get it firsthand, but I get it.
• 18:59
  Speaker 2: But if you show a woman an ultrasound of the
• 19:02
  Speaker 2: life growing inside her, she's twice as likely to choose life.
• 19:05
  Speaker 2: And look, if you don't want that baby, I get it.
• 19:06
  Speaker 2: There's adoption. Hello, adoption. not abortion, adoption, and helping women
• 19:12
  Speaker 2: choose life. That's what pre-born is all about. $ 140, your
• 19:16
  Speaker 2: donation right now that I'll tell you how to do it,
• 19:19
  Speaker 2: gives five mothers a free ultrasound and saves babies. $ 280
• 19:23
  Speaker 2: gives 10 moms an opportunity to see the life growing
• 19:26
  Speaker 2: inside them. $ 28 a month, if you want to do
• 19:28
  Speaker 2: the recurring thing, can help save a baby a month
• 19:30
  Speaker 2: for less than a dollar a day. That's a deal.
• 19:32
  Speaker 2: That's fantastic. And we do, of course, have the $ 15, 000
• 19:35
  Speaker 2: for you to buy an ultrasound machine on the table.
• 19:39
  Speaker 2: And what Mike and I crafted, I don't know if
• 19:41
  Speaker 2: they've met the limit on this. Email, they'll let you know.
• 19:44
  Speaker 2: Mike at MikeOnline.com. Mike at MikeOnline.com. We can find five
• 19:49
  Speaker 2: folks to cough up. three grand. It's going to be
• 19:52
  Speaker 2: here in the DFW area where I am. If somebody
• 19:55
  Speaker 2: takes two of those slots at $ 6, 000 and you each
• 19:58
  Speaker 2: get to bring somebody, I guess it'd be two people
• 20:01
  Speaker 2: and two plus ones. I guess a plus two, you'd
• 20:04
  Speaker 2: call it. Mike will fly you in from anywhere, I guess,
• 20:07
  Speaker 2: in the continental United States. Ask him about it. Mike
• 20:09
  Speaker 2: at mikeonline.com for that little gimmick we have put together
• 20:13
  Speaker 2: to hopefully bring about that $ 15, 000 ultrasound purchase. So all
• 20:17
  Speaker 2: of this, at whatever level your kindness can reach, 833-850-BABY, 833-850-BABY,
• 20:20
  Speaker 2: or go to preborn.com slash mmextra, preborn.com slash mmextra. Okay,
• 20:32
  Speaker 2: let's do this in terms of a flowchart because I
• 20:35
  Speaker 2: like flowcharts. Is there such a thing as postpartum psychosis? Yes, no. Yes,
• 20:42
  Speaker 2: there is. Let's head down there. Can it get so
• 20:45
  Speaker 2: bad that somebody can be so mentally bent that maybe
• 20:48
  Speaker 2: they are so insane that they commit a crime that
• 20:51
  Speaker 2: they are not to be held responsible for? Okay, let's
• 20:56
  Speaker 2: go with yes because the human mind is a Curious thing. So, yes,
• 21:01
  Speaker 2: let's say this. I just said, is it possible? So
• 21:04
  Speaker 2: that's a yes. Is Lindsay Clancy a fitting example of this?
• 21:12
  Speaker 2: And that's where we run aground. I don't know. The
• 21:17
  Speaker 2: defense says yes. That's why she brutally, methodically killed her
• 21:21
  Speaker 2: three beautiful baby. The prosecution says, no, she's totally making
• 21:27
  Speaker 2: that up. I can't read minds and I wasn't there
• 21:30
  Speaker 2: and I don't know. But what I do have is
• 21:33
  Speaker 2: the evidence and what I do have are the facts
• 21:35
  Speaker 2: presented in the courtroom. And it just looks a little
• 21:39
  Speaker 2: too premeditated, doesn't it? It just looks a little too premeditated.
• 21:43
  Speaker 2: It looks a little too methodical because the elements of
• 21:48
  Speaker 2: the glibly described insanity defense are you don't know the
• 21:54
  Speaker 2: difference between right and wrong. And you literally don't know
• 21:56
  Speaker 2: what you're doing. I mean, you are so three sheets
• 21:59
  Speaker 2: to the wind mentally that you don't literally know what
• 22:02
  Speaker 2: you are doing and you have no active operational concept
• 22:07
  Speaker 2: of right and wrong. Did this apply to her? Man,
• 22:11
  Speaker 2: I just don't think it did. I just don't. Now,
• 22:14
  Speaker 2: I'm not on the jury, but the people on the
• 22:16
  Speaker 2: jury may be having the exact same quandary that I've
• 22:18
  Speaker 2: just described because earlier in the morning. And the judge said,
• 22:22
  Speaker 2: get back in there. And that's got to be the worst.
• 22:24
  Speaker 2: You got 12 people, you have 12 people and they all,
• 22:27
  Speaker 2: they have to be unanimous. You can, Hey, it's nine, three.
• 22:30
  Speaker 2: Is that good enough?
• 22:30
  Speaker 1: No.
• 22:31
  Speaker 2: And I have 12 people unanimously agree that the state
• 22:35
  Speaker 2: absolutely proved beyond the shadow of it beyond reasonable doubt,
• 22:39
  Speaker 2: excuse me, not the shadow beyond a reasonable doubt that
• 22:42
  Speaker 2: she's guilty of this crime, anything less than that. And
• 22:45
  Speaker 2: they have to acquit. A little bit of a doubt.
• 22:48
  Speaker 2: I don't know. Maybe she was suicidal. I don't know.
• 22:51
  Speaker 2: But she you have you have to acquit or they
• 22:55
  Speaker 2: do have a number of avenues available for lesser offenses
• 22:59
  Speaker 2: to convict her of second degree or even manslaughter. So
• 23:04
  Speaker 2: for them to be deadlocked, it doesn't just mean they
• 23:07
  Speaker 2: can't figure out whether she deserves the full book thrown
• 23:10
  Speaker 2: at her. It means that they can't even figure out
• 23:14
  Speaker 2: if they can't even agree on manslaughter, can't agree on
• 23:16
  Speaker 2: second degree, can't agree on anything. So are we going
• 23:20
  Speaker 2: to go back to square one? They're not going to
• 23:21
  Speaker 2: let her out. That would involve a complete new trial
• 23:25
  Speaker 2: and another entire jury. So what to conclude? Where does
• 23:32
  Speaker 2: the flow chart? Well, the flow chart obviously leads nowhere
• 23:35
  Speaker 2: because we ran up against that brick wall of do
• 23:37
  Speaker 2: we know that these criteria are of postpartum psychosis as
• 23:41
  Speaker 2: a get out of jail free card that they apply
• 23:44
  Speaker 2: to Lindsay Clancy. We don't, I don't think you can. No,
• 23:48
  Speaker 2: I don't think you can. Um, so as we conclude,
• 23:54
  Speaker 2: maybe this is my way of landing at the following destination.
• 23:59
  Speaker 2: I don't think she's going to be convicted of first
• 24:02
  Speaker 2: degree murder. I think if that were the case, that
• 24:04
  Speaker 2: would have happened in about an hour. I don't know
• 24:08
  Speaker 2: that she's going to be convicted of second degree. Maybe,
• 24:13
  Speaker 2: just maybe, there's a sufficient concept of a mitigating circumstance
• 24:18
  Speaker 2: rattling around in the head of this jury that maybe
• 24:21
  Speaker 2: she heard the voices, maybe the suicide attempt was real,
• 24:24
  Speaker 2: maybe she didn't know what she was doing. Because I
• 24:29
  Speaker 2: tell you, I would have voted to convict with my
• 24:35
  Speaker 2: at a distance, grasp of what the facts of the
• 24:37
  Speaker 2: case involve. But guess what? There aren't 12 of me
• 24:40
  Speaker 2: in there, apparently, are there? Nope. So I think either
• 24:45
  Speaker 2: a manslaughter conviction that might take even a little longer
• 24:50
  Speaker 2: or an acquittal. One of those lies ahead. Let me
• 24:55
  Speaker 2: tell you what lies ahead tomorrow on M & M Extra.
• 24:58
  Speaker 2: It'll be another episode of M. That'll be me. And
• 25:01
  Speaker 2: if you're wondering just what that is, if you're in
• 25:03
  Speaker 2: Texas wondering what's going on, Outside of Texas wondering what's
• 25:06
  Speaker 2: going on, I'm going to tell you what's going on.
• 25:08
  Speaker 2: Not just in the notion of Paxton versus Tallarico, but
• 25:12
  Speaker 2: what is in the heads of so-called Republicans and so-called
• 25:15
  Speaker 2: conservatives just whining and moaning and fussing about– they're not
• 25:20
  Speaker 2: whining about Paxton. They're whining about the fact that Cornyn
• 25:23
  Speaker 2: lost and they just can't handle it. My suggestion that
• 25:27
  Speaker 2: they get over themselves, pull their heads out and grow up.
• 25:31
  Speaker 2: That's tomorrow on M & M Extra. In the meantime,
• 25:33
  Speaker 2: thank you, Eric. Thank you, Yasmin. Thank you, Tracy. Thank you, Mike,
• 25:37
  Speaker 2: wherever you are for letting me handle this solo. I'll
• 25:39
  Speaker 2: let you do the same when I'm away. And have
• 25:43
  Speaker 2: a great rest of your day. And thanks for listening
• 25:45
  Speaker 2: on Apple and Spotify and doing the YouTube download of
• 25:50
  Speaker 2: the live stream every day. We do it every day
• 25:52
  Speaker 2: at 11 o'clock Central and noon Eastern. That's M &
• 25:55
  Speaker 2: M Extra for this Monday. Happy September, everybody. I'm Mark Davis,
• 25:59
  Speaker 2: and we will see you next time.
• 26:03
  Speaker 1: Thank you.