Episode Transcript
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Speaker 1 (00:01):
Clayton. How's it going man? What's up? Man? You got
you gotta PlayStation at home? Yeah? What if I told
you the government can take that PlayStation and charge it
with a drug crime because of what I did on
Grant the bottom. That's not real drugs, that's crazy who
comedians are sewing over a drug search program at the
world's busiest airport, Hartsville Jackson in Atlanta. Factors and comedians
(00:23):
Eric Andre and Clayton English have filed a lawsuit against
Clayton County, Georgia. To Clayton County Police Department, cops come
out of nowhere like ambush style and started interrogating me
about am I doing drugs? Am I selling drugs? And
my buying drugs, my transporting drugs the airport Andrea and
English safe officers pulled them aside because they're black and
(00:43):
asked them about drugs as other passengers looked on. The
lawyers say the two men were both stopped at separate
times by the police. We're seeing in Clayton County in
this jetbridge program, they're seizing the cash. They seize cash
from twenty five people in that same time period. Twenty
two of these people there's never any charge. So are
they just like looting that they just like pillaging? They
(01:05):
just have way better names for what they call, like
what we would call a jack move or being robbed.
He called civil aid. If you give anything three names, Yeah, yeah,
it gives the stealing right, got it. I'm Greg Glad
(01:30):
English and this is the war on drugs? All right?
Claim before we begin today's episode, I got like a
little bit of a bone to pick with you. What
you get, man? What was the bone? Man? All right?
So we've been you know, pre interviews, post interviews, pre
post about everything for the last I don't know a
year now we've known each other. All we've been talking
(01:50):
about is civilized for for sure, you know, racial profiling,
policing drugs, and you're just not in there talking, saying
piece and you don't tell me that you were racially
profiled at the Atlanta airport for a civil asset forfeiture case.
So they're suspecting your drugs and you had no So
(02:11):
the hell, man, I thought we were friends. Okay, two things.
First of all, so used to being harassed by the police.
It was just these things Tennis live my mind. It's
par for the course. When I'm traveling. It's sad to say,
but in this situation, UM, okay, so I'll just tell
you what. Let's yeah, yeah, no, I'm messing around now.
This is uh yeah, crazy storing very important. Yeah. No,
(02:34):
traveling through the Atlanta Airport. This is after I've gone
through security. I'm on my way to Los Angeles. You know,
you're at your gate. You give them your ticket, you
scan your ticket in. You know, boop hit it go
through the gate. You think next step is to go
to the jet bridge you get on the plane. When
I get on, the jet bridge is one of those
ones that kind of winds around, you know. So when
I turned the corner to police, officers pop out say there, Hey,
(02:57):
we're here with Clayton County Police Department. We're doing searches
for drugs and cocaine and methamphetamins. Do you have any
of those things on there? Can we search your bag?
And I'm not understanding what's going on. I'm like, whoa what,
I'm blocked in. I'm cornered, like the other people are
(03:17):
scooting past me. To me, I'm not looking at everybody
that's going by me, but all the people that I'm
seeing go by me are white people and I seem
to be the only black person that's getting stopped, and
they're asking me questions, Oh, you're going out to LA, Well,
what do you do? What do you you know? How
police try to make the small talk, I guess, and
I'm just like, what is going on right now? What
(03:38):
are we what are we doing? And they search through
my bag, they give me my ticket back, they give
and they're like, okay, you're good, and I just remember,
like one I felt, you know, a little humiliated, a
little embarrassed because I'm the only person pulled over to
the side, and then the next step is dang, Like
I can't say anything like That's that's how my mind worked,
(04:01):
just being harassed by the police. Growing up in the South,
where you're taught that police can do pretty much anything
they want to do. The best bet is for you
to just cooperate, doesn't matter if that means you're throwing
away your rights or whatever. This is kind of what's
instilled into people who grow up in the South. And
at this point, I'm just trying to get on this
flight so I can make this writing gig that I
(04:23):
have that's important for my career. That I'm trying to
move forward. You're not at the TSA front thing. You
may have an hour You're like, oh, now I can't
grab a beer at the bar. You're getting on the plane. Yeah,
like yeah, I would like to ask the questions. I
would like to say, what the hell is going on?
This is in but it's like, let me make this
flight right. And I really didn't think I had any recourse.
(04:45):
And that's most of how I felt when situations of
injustice or I feel like I'm being profiled, you just
chalk it up and you deal with it. And a
few months later I saw that a fellow comedian by
the name of Eric Andre had a similar situation. And
when I saw a situation, he took it and he
used this platform and he talked about it on Jimmy Kimmel,
(05:08):
I believe, and actually got a response from the Clayton
County Police Department, and I just reached out to him
and said, hey, I went through the similar kind of thing,
you know, sounds like my situation. We talked back and forth,
and then later on he hit me with some people
from the Policing Project and they said that they were
going to pursue legal action, and I was like, yeah, okay,
(05:29):
I'm with it. And I didn't even really think much
about it after that. I'm like, okay, I don't know.
And then fast forward, they hit me and said we're
doing a press conference. I've never done a press conference,
so I didn't know that it's actually gonna be in
front of the press. I thought it was just something
you did and you send it to the press and
they look at it if they want to, so, you know,
to talk more about it. I got heriic Andre here,
(05:50):
we got him here, We're able to get him here,
and yeah, and we have one of the attorneys that's
working on our case, Andy Hudson Price, and we're just
gonna get into it a little bit. And like I said,
and you're you're right. This was one of those things.
I didn't know how deep it went until the attorneys
gave us back the information. Yeah, I didn't know it
was a civil forfeiture case at the beginning. Yeah, I
(06:11):
just knew. I felt like I had been wrong, and
we jumped into that and look, I let all the
facts come out in the interview. But you'll see it's crazy.
And I had no idea it would become one of
the biggest things that I learned in this podcast, I
would be involved with something that has something directly to
do with civil acid forfiture. All right, well, without any
(06:32):
further ado, let's let's let's get to um, Let's get
to Eric's get to Clayton, let's get to Annie, and
let's start this. It's an amazing story, so you definitely
gonna want to listen to this. All right, here we
are with my fellow comedian, Eric Andre actor writer. A
(06:58):
lot of hyphen it's yes and uh co defending? Is
that the right thing? Is that the right word? Yeah? Yeah,
And we've got one of our attorneys on the case
and he Hudson Price. Thanks for having me. Did you
(07:21):
have this podcast before we sued the cops? Is this
the first episode? No, this isn't the first episode. All
of it was a coincidence. No, this happened before. Like
I was already doing this before and you reached out
to me. My incident had already happened with the police.
He never thought to bring this up to us. Wait wait, wait,
we did so crazy to me exists. I know, it's
(07:45):
like it's like too convenient, It's like Kidsmith Kidsmid's I
kind of told my story beforehand. If you could just
take people through it, you know what happened to you? Eric?
And uh yeah. So I was filming Righteous Gemstones for
HBO and US. Thank you, thank you. I appreciate it. Well,
(08:08):
thank you for the compliment on my role. I did
not come up with that single thing. None of the
writing is me, but I'll take it. Um. So, I
was filming in Charleston and South Carolina and I had
to connect to Atlanta to fly home to Los Angeles. Yeah,
it was just a work trip, everything's normal. Went to
my gate gate agent ripped the ticket. I get onto
the awkward, claustrophobic jet bridge and to Clayton, Gunny Police Department.
(08:33):
Cops come out of nowhere like ambush style and start
interrogating me about am I doing drugs? Am I selling drugs?
Am I buying drugs? Am I transporting drugs to the airport?
Do I have crystal meth on me? Do I have
heroin cocaine prescription bills that aren't mine? And I was
like kind of like baffled and confused that in't it?
(08:54):
What was I was the only brown person in front
and behind me, and I was like a fled and confused.
I was like, is this an extra like DSA stop,
Like I've already gone through security, And then I was like,
oh no, these are just like random Georgian cops like
doing like stopping frisk like Julietti era stopping frisk tactics
(09:14):
on the jet bridge. And it was shitty. It was
humiliating and demoralizing, and you know, everybody's gawking at me
like I'm a perpetrator as they were like squeezing by
me on the JEB Bridge. And I've been like racially
profiled at many airports around the world, so it was
like a little bit of a tipping point too, but
this was the most egregious version of it. And um,
(09:37):
so they're asked me if I have all these drugs.
I'm saying no, no, no no, no, no, I had nothing
on me. And it was clearly like a veteran cop
trying to train a rookie cop too. It was like
they were like really awkward and stilted, like their performance
wasn't even good. They were like open micers. I was like,
this is lame. We're gonna try to new material here. Yeah,
this is like a deleted scene from the wire or
something like you get the new Waitress. Yeah, yeah, it
(10:02):
was like that. So it was even worse because they
had to go like through every little thing that they practiced,
no matter how like awkward and ridiculous. Was so and
then and then they asked if they could go into
my bag, and the smarter parts of my brain lit
up and something in my mind was like I think
you're allowed to say no, but I don't really know.
(10:24):
So I went do I have to say yes? And
the veteran cop was like, uh no, So I was
like okay, no, and then I just like ran to
the plane. And then I started texting some friends. I
have two lawyer friends, and they were like, that is
fucked up. Don't you shouldn't tolerate that, like tweet to
the mayor like just go nuts. So I'm like on
(10:44):
the plane, I was like, I'll give it a shot
in the Atlanta mayor like tweeted back right away, and
the Atlanta PD who I thought it was at first,
was like that's not quick. Yeah, so quick. And then
a journalist reached out to me and said it was
the County Police Department and they've been doing it a bunch,
and then you reach out to me and they told
me your story, and now I'm hearing all there's a
(11:06):
big wave of stories coming from b and and you
were smart enough to not to say, no, you can't
search my bed. Yeah. And in my mind, like you said,
I didn't feel like I even had all right, it
doesn't feel like you could keep going when they block
your path. No, So we we got eight months worth
of data between Clayton and Eric stops around them, and
(11:30):
that data recorded four hundred and two jet bridge stops.
Of those, three hundred and seventy six actually listed the
race of the passengers they had stopped, and two hundred
and eleven of those were black. And so we're talking
fifty six percent of the people that they stopped on
the jet bridge that we know the race of were black,
(11:51):
and most of them were black men. Well, the odds
of that truly happening randomly of two hundred and eleven
out of three hundred and seventy seven, the odds of
that truly happening randomly are significantly less than one in
one hundred trillion. One hundred trillion, That is, that is
less to give to give to its great Yeah, that's
(12:14):
that's it looks like you're just going into the matrix
like little kid numbers. Yeah. Yeah, but to illustrate that
that would be less than one grain of sand and
all the grains of sand on the earth. That's how
unlikely it is to have happened randomly, right right, It's crazy.
And they they said in their own reports on Eric
(12:36):
stopped that they told Eric that they had stopped. That's
their record saying that they had stopped Eric randomly, that
they told Eric stopped randomly. And I think you said
three people actually had drugs and they took over like
a million dollars with the stuff saying hold on, I'm
gonna even throw something in here too, because three people
had drugs, but only one person actually got convicted, right,
so we don't actually don't even know. Okay, one person
(12:57):
got arrested. I mean, I don't know. You could speak
for you, but as far as me, I'm just thinking
this is, you know, just harasment because I'm a young
black dude going through the airport. I was one of
the only few black people on my flight, so it's
just arasment. But once we get into what's actually going
on and what are the attorneys discovered. Yes, I didn't
even realize like what was going on with this case,
(13:19):
Like this was so mind blow especially working with you, Grant.
I learned about civil asset forfiture on this show. What
a civil asset forfends? Get into it. Oh yeah, let's
do it. Let's do it because a civil asset forfeiture
I just learned how For the listeners at home, yeah,
we all never no. So civil asset forfeiture is essentially
(13:40):
when the government can take your property without convicting you
a crime or charging you with the crime. There doesn't
need to be a charge or anything, just essentially that
you are more likely than not that property is either
was used as the means for illegal activity or was
the proceeds from so you know, you have a nice
rolex wall, just like with that drug money or your
(14:01):
car that was used to transport narcotics, and so they
can tie that in there and it's not you that's
on the complaint, it's property. So what that allows for
the government to do is essentially say, now all these
rights that you get as a person in a criminal
charge and a criminal judication, they always go out the window.
Now it's all civil and it's your property. That's on
(14:23):
like a doctor. So it'll say like it'll say stay
to Georgia verse you know one Rolex watch. It doesn't
say you know Eric Andre or Clinton English or anything
like that. So is that just a scam to get
your rights taken away? Essentially? Yeah, it's called aquaseium rent proceeding.
It's it's just as how I do that. I mean,
I was going to say that. I think the key word,
(14:51):
as you point out, you know, it's it's civil is
the key word there. This is not a criminal proceeding,
so you don't have the same standards of proof, you
don't have the same This guilt, yeah, is pretty much
guilty that that property right, Yeah, yeah, the property is
guilty exactly. And it starts as guilt. It starts as guilty.
And so they've seized the property, the money, whatever it
(15:12):
is in Georgia, they file a complaint saying this is
why we think we should get to keep it. A
lot of the time, the person they've seized that from
has no idea that they can challenge it, doesn't have
the money to hire a lawyer to challenge it, doesn't
have the time or the resources or frankly says, I
don't want to tangle with law enforcement. I'm worried if
I counter this, they're going to come after me on
(15:33):
They're going to cook up some criminal charge. You know
this is these are cases where there often is no
criminal charge attached. So and a lot of the times
they'll have a criminal charge and then they'll say, we'll
drop these if you just let go on the defense
of your property. So are they just like looting? They
just like pillaging. Basically, they just have way better names
(15:56):
for what they call, like what we would call a
jack move or be in robbed, you call civil acids.
If you give anything three names, yeah, yeah, yeah, it
gives the public of stealing. Right, you're right, got it.
We'll be right back with the War on Drugs. Hi.
(16:21):
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on org. And I think in twenty fifteen there was
an article that showed, if you're just talking federal forfeitures,
(18:15):
they had seized more money in federal forfeitures than there
had been money stolen in burglaries that year. So so
we live in the medieval times. But back to the
numbers we were talking about three they find, they find,
they find drugs in three cases, and those were I
mean personal uses an overstatement, I mean literally six smith
(18:39):
strict bills and some tummies and the mission accomplishment. They
seized cash for twenty five people in that same time period.
So three of those people were these three that we mentioned,
But twenty two of those people there was never any charge.
There was never any you know, if we're saying they're
interested in presenting drugs coming to their jurisdiction, they're not
(19:02):
even charging the people they claim are engaged in this.
And then they're you know, seizing. In some cases it's
you know, ten thousand dollars, which is a lot of
money to someone, so it makes a big difference in
their life, but is not so much that you're like, oh,
if you have ten thousand dollars on you, you you must
be a criminal. I mean, you can have two hundred thousand.
There's nothing illegal about having cash in a case like that.
(19:22):
To even challenge like it will it will cause you. Yeah,
that's why the work that you all do and other
public firms like like in sue for justice, like it's
the only way that even people can fight for the
rights because they do it for free, and attorney will
be like, by the time you walk out of here,
you already owe me two grand don't take this case.
Just let it go. And that's why most go to default. Yeah,
and to be clear, in some jurisdictions, they charge you
(19:44):
to even bring the case. So when I was in DC,
I worked I did a summer at the Public Defender
Service and they were doing a big lawsuit because I
think it was a twelve hundred dollars fine even to
be able to challenge the forfeiture. You had to pay
a fine even talk about us taking your money. Yeah, exactly,
that's amazing. Yeah. And to the point on reporting it
(20:06):
is lucky though, was in Georgia. I know we've I
work on a lot of lobbying and advocacy work, and
I can't tell you the arguments we've had against like
actually doing minor reporting stuff. Like we had some law
enforcement literally say like, you're going to get officers killed.
If we had to say what we spent this money on,
it was it was a it was a very thin
you have no idea. Yeah, So like things about is
they get the proceeds from a lot of this, So
(20:26):
in some states you get one hundred percent of the proceeds,
you know, between the prosecuting office and the law enforcement
office that initiated the rest or the you know, the
season of the property. Meaning what like if they steal
if they take like somebody's yacht, Yeah, like you're a
drug kingpin, we want your yacht. What what happens the
party on the yacht, Well they seize it, they forfeited.
They they could repurpose it and say, you know, say
(20:48):
you're in Miami, like, well this is a speedboat. Now
we're going to use this for our drug Interdiction tax force,
or they can sell it liquidated then they get to
cash from it other criminals. But I do think this
goes back to, you know, a lot of problems how
we fund law enforcement in America. We create these inherently
problematic incentive structures. So we say, you know, the tax
(21:08):
dollars aren't going to go to ours this, so instead
we're gonna pay you through parking tickets, citations, asset forfeiture.
So suddenly you have cops being like, oh, we better
rack up our fines and fees locally, better see some
funds because they may think, oh, we actually need this money.
It's necessary for their budget. It's necessary for their budget.
And that's how it's designed. To be clear they're not
(21:30):
going after everyone equally. To state the obvious, I mean,
there is a big piece in the New York in
twenty thirteen where they talked about compared in Pennsylvania, some
very wealthy white kids had been running a I think
it was called an empire of drugs out of their house.
Nothing happened to the house. And then you know, in
South Philly a kid sold a kid, you not twenty
(21:50):
dollars worth of weed on his parents porch and they
seized the parents' house. Yeah, I mean just and again
bring it back to this case. This is racially discriminatory.
Stops because there are lots of reasons for it. But
one of those reasons is they know that there's less power,
less likelihood to be able to challenge it, to be
able to access the money to challenge it, be able
to access the attorneys, to be able to access the system,
(22:14):
or frankly, to have trust in the system. I think
it's worth fighting. That's what we're seeing in Clayton County
in this airport jet bridge program. They're seizing the cash.
Most people don't contest it, does I mean, some people
don't even know they have the right to can't afford
an attorney. But in the eight instances in which people
did contest it, CCPD settled, the Clayton County Police Farm
(22:37):
settled and said here's half your money back. And frankly,
wouldn't be worth fighting on that because how does I
only give half back? Can I get the other half?
So to be, but I want like all of it,
but it was whole. I have to be clear, I'm
not represented. I was not involved in any of these cases.
(22:58):
I'm not a lawyer, so I don't know what happened there,
but I can say, you know, if it's a routine,
it's yeah, it's a routine. You know, let's not make
a big deal out of this. You get half back,
We get to keep half now, we don't have to
go to court, and we'll drop the charges. You can
wave yeah, gang, you know, Like, I think it's amazing
that y'all, you know, we're brave enough to like bring
(23:19):
exposure to this because how many people are you going
to prevent from this happening to them right there? I
think is incredible And you know, hopefully they have stopped
that practice or at least limited severely, and how many
people will not be harassed using there? And so it's
importantly Yeah, so I appreciate, like what are you hoping from,
you know, to get out of this, Like what message
and um, you know you talked about you know, if
(23:40):
people want to reach out to y'all, um if this
has happened to them, And yeah, I mean definitely everything
we covered on the podcast today, all these statistics should
show people how bad and extreme racial profiling is. And
this specific case is not isolated, like this specific kind
of behavior from cops, I'm assuming from my experience in
(24:06):
this country is rampant. So I want people to feel
like they have a community to support one another and
stand up against injustice and racial injustice. I mean, people
already are like hitting me up like crazy about their stories.
And I was one of those people that felt like
there was nothing I could do. You know, it was
(24:27):
just gonna have to happen again. And you know when
I talked to you and then you hit me back
with the people from the Policing Project and this is
what they were doing, I was like, yeah, okay, yeah,
I'll do that. As many times I've been pulled over
by the police, I can pull the police over yeah yeah, yeah,
the license and registration bud, Like yeah, I was glad
(24:47):
to do. And there's so many people like the people
that are coming out. Yeah, and you just chalk it
up because at a certain point when when you're in
this country and you're put in this position and you're
black and it's you against law enforcement, a lot of
times you tell these stories they had what else is new? Right? Yeah?
So you accept your fate. Yeah, yeah, what did you
think was going to happen? And like yeah, we're not.
(25:08):
We don't have to accept it, right, And you know,
one of the things that were a case like this happens,
this situation has happened because there's no policies controlling the
police in this situation, there's no you know, we requested
all policies governing the jet bridge program and they gave
us nothing. So this is just the officers. All the
officers are told to I mean's not there are no
written policies, but they know what they're doing. This isn't
(25:30):
this is a program, right, and they're you know, there
they go. There's nothing constraining who they can pull over.
And so you better believe, as on the jet bridge,
as on the streets, as in traffic stops, that that's
how you get racial discrimination when there's nothing constraining the
discretion of the officer making that stop. Absolutely and frankly
(25:51):
drawing attention to something like this, I mean, at a minimum,
you get other jurisdictions saying, oh damn, we better we
better put some policies in place to make sure that
they're not going to come after us next. Because if
you have a policy in place, it's a lot harder.
I mean, look, I I don't think the program should
exist at all. But if it's going to exist, they're
better not be racial profiling. They better be listening to
(26:13):
the to the Fourth Amendments requirements, you know, in terms
the hand execute the law evenly across the board, like
I mean, it shouldn't be this disproportion and we shouldn't
be there. I mean, in this case, it looks like
they were using the jet Bridge as their own personal ATM. Yeah. No, totally,
like you know, no fees and you just go to
(26:36):
the whale or their casino. Yeah yeah, yeah, yeah, anything
else you want to to leave us with. This has
been amazing. I appreciate the Yeah, absolutely, Clayton wasn't cheap
to get so we had to cut a couple of commercials.
We'll be right back. Somebody got to pay me. Yeah wow. Um,
(27:08):
it's an amazing story. And Clayton, I know, you know
you initially and rightfully so had apprehension even sharing this
publicly without any you know, legal action, let alone what
you're doing, because there's there's fear of retribution, there's fear
of a lot of things to actually come out and
say this stuff. And so I just want to say
thank you. For allowing us to speak to you about
(27:31):
this and sharing your story for the podcast, and then
also you know, coming together with a policing project and
Eric to hopefully make sure that this doesn't happen to
anyone else. I mean, really, that's the whole impetus of philosophers, like,
we don't want this to happen to other people, because
you know, and that's it. So again, thank you man
like for bringing this to our attention and being brave
(27:52):
enough to talk about that publicly. Yeah. Yeah, And it
was a little uh, you know, apprehension about just coming
out and talking about it. I wasn't sure how it
was going to be received. And I also just didn't
want to have to deal with any more harassment or
you know, I didn't want to be on their radar now.
And you know, yeah, there's the negative comments that I've
read occasionally, because of course those stick out, but the
(28:14):
outpour of positivity is far outweighed that. And uh, it's
so many people were coming out and kind of like
we talked about who are telling their story, they're like,
that happened to me too, That happened to me too. Um,
this is my situation, and I think like I said
a lot of times, we just chalk it up. It's
something we have to deal with. And you know, um,
(28:37):
I think it was one comment that was like, oh, Clayton,
you've been do worse than this, And it's like, yeah,
but am I just supposed to accept it? Yeah? It doesn't.
It doesn't know, it doesn't. And and I just think
about the other people who don't have a platform, because
that was me for so long, that was me. I
couldn't say who was I gonna say it too? Who
was gonna listen? So to have people's attention and have
(29:00):
their ears, I'm grateful to be a part of it.
Thankful to any. Thankful to Eric. Thankful to you because
I don't even think this would have probably found me
if I hadn't been on this podcast and you know,
learned and been on this journey that we've been on. Yeah,
and I hired those officers. You know, Hey, we need
to content right right, come on? Man? Yeah, yeah goes
(29:25):
the extra boole man. This dude here he sets it
ups the well. Thank you all for listening. Special thank
you to Eric andre and Annie Hudson Price. And this
has been the war on drugs. Yeah, thanks for listening.
Make sure you followed the War on Drugs podcast so
(29:47):
you don't miss any new episode or any of our
quick fixed bonus content. And we'll be back next week
with another episode of War on Drugs. Until then, thank
you for listening. Executive producers for War on Drugs are
Jason Flam and Kevin Wordis. Senior producer is Michael Epstein.
Editing by Nick Massetti and Michael Epstein Associate producer, Mix
(30:09):
and mastering by Nick Massetti. He does Mike, Michael talks
a lot about Yeah Drink Star Yeah Now, that's Nick Man.
Additional production by Jeff Cleburne and Anna mcintee. Be sure
to followed the show on Instagram, Twitter, and Facebook at
Lava for Good. You can follow Greg on Twitter at
Greg Glade and you can follow Clayton English on Instagram
(30:30):
at Clayton Inclins. The War on Drugs is a production
of Lava for Good Podcasts and association with Signal Company
Number One. I'm your host, Clayton English, and I'm Greg
Glode and thanks for listening to the War on Drugs podcast.