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May 17, 2024 60 mins
Red state justice vs. blue state Justice. Andy McCarthy thinks there will be a hung jury. The Diddy double standard. Are black men rebelling politically?

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Episode Transcript

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Speaker 1 (00:00):
Welcome everybody. Friday edition of the Clay Travis and Buck
Sexton Show kicks off right now. We've got a stacked
show for you. Well, and I in the state of
Tennessee today, so I'm enjoying all the Tennesseeans that I
have seen. The weather a little dodgy, but fun to
be here. Nonetheless, we have a whole lot to get you.

(00:23):
I know, I was out yesterday on my way to
this lovely state. So we might return to a little
of the continuing outrage for the speech given by mister Butker,
the kicker who I have since looked into this Clay
he is, did you know, not only a fantastic kicker

(00:45):
and graduation speaker, but played first tuba in the orchestra.
Because it wasn't the flute.

Speaker 2 (00:53):
You wouln't have been able to deliver that speech if
he had been a flute player back in the day.

Speaker 1 (00:57):
I'm just telling you, man, tuba, that's right. You know,
tuba as an instrument is not usually one that you
would associate with being a multimillionaire athlete. But you never know, Clay,
You never know.

Speaker 2 (01:09):
Do you know what chaos has happened in the world
of sports? I bet ninety percent of our audience knows
this right now.

Speaker 1 (01:16):
Well about the kicker and the speech no butt kerr.

Speaker 2 (01:20):
That story, Yes, that story is out there. The city
of Louisville arrested the number one golfer in the world
driving into the PGA Championship this morning, Scotty Scheffler, and
the entire universe has come undone because he anyway that
I've been following that this morning, and I just it's

(01:40):
as if we're in twenty twenty four, where the world
is trying to come up with the craziest stories that
could possibly headline everything. I mean, I never would have
believed the Kansas City Chiefs kicker would take over the
entire media story cycle for about forty eight hours. And
now the number one golfer in the world just got
arrested trying to drive in to go play golf. I

(02:01):
mean that you can't even come up with some of
these Matt climbs.

Speaker 1 (02:04):
He got arrested allegedly for running over a police officer
and dragging him with his.

Speaker 2 (02:09):
Well, the video of the video of the running over
and dragging would suggest that it is not actually anything
like that, because this guy was in a yellow like
a jacket, and he didn't know who he was and
he just started hanging on to the side of the car.
But anyway, and the fact that this could even happen,

(02:30):
I bet it's gonna the fact that golfers drive themselves
to golf tournaments maybe coming to a close soon because
I imagine the PGA doesn't want this to happen.

Speaker 1 (02:40):
I mean, theoretically he's facing five to ten years in prison.

Speaker 2 (02:43):
So, yes, that's what they're saying. Teed off and birdied
the first hole. So so he's been the process. Yes,
that's so.

Speaker 1 (02:51):
There you go. So the golfer who is out there
right now doing great job on the course, a little
bit more problematic out on the roadway, and we have
you know what, Actually, we'll go to the Michael Cohen
stuff a little bit later. The short version of the
very overcovered and a hype story I think from a

(03:14):
lot of the media is Michael Cohen is a huge
liar and everybody knows it. And it was a bad
day for the forces of law fair against Donald Trump
in New York City. So we shall discuss some of that.
But I actually want to start with this because I
think it could be something that not only is worthy

(03:36):
of our attention now, but down the line the issue
of how we handle crime. Keep in mind, in New
York City they have Donald Trump up for thirty four
felony counts, and in other cities all across the country,
as we know, they try to do their very best
not to enforce the law. They try to go through

(03:58):
some pretty extensive machinations at the level of the prosecutor's
office and the you know, with the district attorney, state's attorney.
They don't really want to enforce laws on issues, particularly
of violent crime, with the same kind of clarity and honesty.
I would say that they had been doing for a

(04:21):
while a lot of these cities, and so you have
crime rising. We talk about it here on the show
all the time. And we remember during the BLM riots,
all of a sudden, it was like the Purge, which
if you haven't seen as a movie where they make
all crime legal. There were riots across the country, very
few serious prosecutions of BLM rioters. There were assaults on officers,

(04:42):
all kinds of things happening. Well. Texas Governor Greg Abbott
yesterday issued a full pardon to a man who had
been convicted of murder of a Black Lives Matter protester
in twenty twenty in Austin, Texas. Now his name is
Daniel Perry. I want to just note that because we're

(05:04):
also going to be speaking in a second here about
Daniel Penny, who is facing a manslaughter charge in New
York City. But Clay, if you remember this incident you had,
Daniel Perry was effectively his car was sort of stopped
and surrounded by people who were BLM protesters, riders, whatever,

(05:27):
and one of them was walking around carrying I forget
what the rifle. I think it was an AK forty seven.
I forget it was some kind of rifle, obviously not
fully automatic. But he's carrying around a rifle. And Daniel
Perry is a guy who concealed carries and so and
I believe, I believe he has a military background. I

(05:48):
should go back and check to make sure. Daniel Penny
is a marine, as we know. But Daniel Perry drew
down on this protester because he said that he turned
toward him with his rifle and this guy responded. Daniel
Perry responded by shooting and killing this guy who was
waving a gun in his face on the street. A

(06:08):
lot of people said, if you walk around in the
street waving guns in people's faces, and you're doing so
while blocking traffic, which is infraction of the law. I'm
not saying it's a lethal force matter, but by surrounding
someone's car creating this circumstance, you are effectively inviting a
confrontation like this. In some way, Austin is very liberal.

(06:28):
Austin prosecuted this guy, who's going to send him a
prison for a long time. Texas Governor Abbott stepping in
and issuing a full pardon is a big deal, and
I think it sends a message about the direction of
law enforcement in not just Texas, but a lot of
red states going into this election cycle.

Speaker 2 (06:47):
I think it also speaks to the reality that we
have a completely two tiered justice system that's currently in
play in the United States, and if you are in
a red state, you have protections that you frankly don't
have in blue states and certainly don't have in blue cities.
And to me, it ties in with the prosecution that

(07:09):
we're seeing of Trump, which would never have occurred in
a red state, And frankly, I don't think there's a
red state jury that would convict him. And when you
look at what Alvin Bragg is doing in New York City,
where it's trying to put a former marine in prison
for a long time for trying to basically restrain a

(07:31):
crazy person who is making threats of physical violence on
the subway, it's lowering the actual penalties when it comes
to felonies of almost everybody out there who gets charged
with a violent crime, putting them right back out on
the streets, indeed, and not prosecuting the law fully based
on how he calculates the identity politics behind any particular

(07:55):
defendant out there. And so this is why I've said,
if you're out there right now and you have the
means to leave blue cities and blue states, I don't
know why you would stay. I mean, again, you have
the means to leave, you have the fine financial opportunity.
A lot of people say, oh, I'm staying for a job,

(08:16):
or I'm staying because my kids are in school. I
understand all of those aspects, but a lot of you
don't have those restraints. I don't know why you would stay.
I mean, you've made that choice yourself.

Speaker 1 (08:26):
Yeah, I moved from a blue state to a red state,
and having looked back, and I would just say in
a state that keeps getting redder as well. So it's
fun to be a part of that conservative revolution in
the Free State of Florida. But by the way, Daniel
Perry was an Army sergeant, so he was a military veteran.
The man that he killed, I believe was also a

(08:48):
Air Force veteran. And it is notable given that these
were BLM protests. It was a white guy shooting another
white guy. I think if it had been a white
guy shooting a black guy at the protests, you know,
you would have had even more of a national focus
on this. Obviously, a Black Lives Matter protester who is
black who was shot at a protest is going to

(09:09):
get more media attention.

Speaker 2 (09:11):
This ties in with the Kyle Rittenhouse story. Buck what
percentage of people thought Kyle Rittenhouse killed the black guy
a lot? Which was a huge percentage of that story.

Speaker 1 (09:20):
And and there are a lot of people who really
covered themselves in shame in the initial days even of
the Kyle Rittenhouse situation. But I would just note Daniel
Perry was serving He's out now thanks to Governor Abbot
and I'm just going to say Governor Abbot was a
unanimous decision from the Texas Parole Board for this, or
Texas Pardon per Pardon and Parole Board, however that works.

(09:44):
It was unanimous for them, but it's still a This
is a move that shows some backbone from Governor Abbott,
and I think he deserves credit for that. Texas has
a stand your ground law. If somebody, you know, waves
a gun in your face and is pointing a barrel
at you and you have done nothing and you think

(10:04):
that your life is in danger, you do not have
a duty. And I think this came up in the trial.
Oh he could have driven away or something. Well, if
someone's putting a rifle at you, they can turn that
car into Swiss cheese. It's not like, you know, you're
driving around in a bulletproof Humvy or something. So this
was a big signal, and I think that it goes
to the lefts and the Democrats desire to make us

(10:26):
all subject to the whims of the state when it
even comes to whether you can defend yourself art is
self defense legal in blue states? Not really, And that
is really one of the most fundamental rights that you
can I think it is the most fundamental right that
you have. So when a statist, authoritarian society decides, sorry,

(10:47):
because of the politics, your life may have to be forfeit.
People need to see that for what it is and
need to push back against it. And that then brings
me to Daniel Penny. You see that. So Daniel Penny
is the marine who he joked Jordan Neely because he
was a threat to people on the subway. Everyone in
the subway said, this guy was acting like a maniac
and screaming and demanding money. He had assaulted a woman

(11:09):
previously in the subway, punched a woman in the face,
and I think brokeer jaw, and Daniel Penny put him
in a choke hold. He didn't mean to kill him,
by his own admission, he was just trying to subdue him.
But he died and he faces murder charges. Clay. It's
coming up October eighth, right a month before the election.

(11:29):
That trial will be happening as people are thinking about
which party represents truth and justice and the right to
self defense. You're also, I think seeing that story in
Texas in the context of a lot of people recognizing
the overreaction that occurred in the wake of George Floyd,
and I think it's part of the pushback against all

(11:52):
of the insanity that happened there. The pushback is happening
more significantly in red states, but I think people are
feeling it everywhere. And a little bit later, we'll play
some audio for you that also. I think a lot
of people out there are getting red pilled who may
have been Hispanic, who may have been Asian, who may
be Asian, Hispanic or black, and there's now a fever pitch.

(12:17):
I think that's on inside of the Democrat Party to
try to stop that from happening. Joe Biden this morning
speaking at the NAACP event in Washington, d C. Trying
to basically terrify black people with the idea of what
life might be like under Donald Trump. The problem is,
we've already seen life under Donald Trump, and it was

(12:39):
a lot better than life under Joe Biden. And so
I think all of that is part of the discussion.
In a larger context, it's occurring.

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Speaker 3 (14:02):
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Speaker 2 (14:12):
Hope all of you are having fantastic early starts to
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Speaker 1 (14:25):
You can also listen on the iHeartRadio app.

Speaker 2 (14:29):
And we appreciate all of you who are Clay and
Buck VIPs. And many of you are watching on video
right now. I believe I don't know if Bucks on
Are you on video? I'm not your Bucks in Nashville
in one of our downtown studios. I think I'm on video.
I'm waving at you guys right now. If I'm not,
we'll be back on video together on Monday. We're joined

(14:49):
now by Andy McCarthy who's Mets. But they finally beat
the Phillies, who can't lose at all. I'm saying that
it is a Braves fan because the Phillies have I
don't know one like it feels like every game is
been played so far this year. And the question for you,
how devastating was the Michael Cohen testimony the cross X

(15:11):
if we had a fully honest and paying attention jury
and not people who had already made up their mind
about Donald Trump? Is there any doubt in your mind
as a prosecutor that there was enough reasonable doubt shown
that there should be some people open to a not
guilty verdict if they have not already made up their minds?

(15:33):
How would you assess that testimony.

Speaker 4 (15:36):
If we just look at it clay as testimony in
like a straightforward trial where everybody knew what had to
be proved for the prosecution to get to the finish line.

Speaker 5 (15:47):
I would say that it should.

Speaker 4 (15:49):
Have been game over in terms of his testimony, because
as I see the case as it should be understood legally,
as appos to how it's been tried in the court,
and the insufficient notice and the fairy tale kind of
version of events that the jury is getting, then I

(16:10):
think that Cohen is the only link for a couple
of things that the prosecution has to prove, and they'd
be in a very good.

Speaker 5 (16:18):
Position to get up the defense would to argue to
the jury that you.

Speaker 4 (16:22):
Know, you obviously can't convict someone beyond a reasonable doubt on.

Speaker 5 (16:26):
The basis of this guy's testimony.

Speaker 4 (16:28):
Which, by the way, is precisely why my old office,
which had this investigation first, didn't charge the case.

Speaker 5 (16:36):
There's no way you can do this case without Colin.

Speaker 1 (16:38):
Okay, so let me follow up.

Speaker 2 (16:40):
Then you are Judge merchand let's pretend that you are
not a left wing political operative, which frankly it sometimes
seems that he is more than a judge. This case
is going to be complete. Trump's team will ask for
a directed verdict. They'll basically say that the crime wasn't
pre They've already asked for a mistrial that's been rejected.

(17:03):
Should Judge Merchand say, as a matter of law, this
case has not been proven and tossed the case. If
in your mind, if he were completely down the middle,
just trying to call balls and strikes, what should happen
on that motion, which will certainly happen at the end
of the testimony, Yeah.

Speaker 4 (17:25):
He should throw the case out, Clay, but I want
to be clear on how poor this case is in
order to render that conclusion, because you started out asking
me about Cohen, which is exactly what you should ask
me about since that was a big event of this week.
But you know, we know as lawyers that the test

(17:47):
for a judge they has to throw a case out
solely on you know, at the end of the government's
case is you have to assume everything in the government's favor,
including that the witnesses were believed by the jury, even
if you, as a judge, thinks there's no way the
jury could have believed this guy. So even saying that

(18:08):
the jury or the judge would have to accept as
true Cohan's testimony, I don't see how they've made their
case out because the way I look at this is
there's basically three things. You have to prove the falsity
of the documents, fraudulent intent, and that the fraudulent intent
included an intent willfully.

Speaker 5 (18:30):
To violate the federal campaign laws.

Speaker 4 (18:33):
I think arguably you can say that some of the documents,
specifically the invoices are arguably false. I think that you know,
Bragg's got a point on that, but the checks are
in false and the book entries are in false. So
he hasn't even made out falsity on all the documents,

(18:54):
but I don't see any evidence of fraud, which he
has to prove beyond a reasonable doubt. And even worse,
I don't see any evidence that Trump was even thinking
about the campaign finance laws number one and number two.
If Trump is the guy that Bragg said he is
in the evidence, then if he was thinking about the

(19:15):
campaign laws and he believed that these expenditures, these NBA
non disclosure agreements were campaign expenditures, he would have paid
them with campaign funds. Yes.

Speaker 5 (19:26):
The fact that he didn't shows that it didn't even
enter his mind.

Speaker 1 (19:30):
Andy, this is what I've been saying all along. If
what the government says here is true, you could run
for office and then have your campaign war chest and write,
you know, million dollar checks to ten different women that
all claim that you know, you had affairs with them,
and that would be a campaign expenditure.

Speaker 4 (19:49):
That's right, Buck, But let's be realistic about how you
would do it, because then it doesn't seem like it's
that outrageous of proposition. Right. What Trump would simply have
done was in his sec disclosures they would have said
the same thing they said in his business records. They
would have called them legal expenses. And that isn't crazy
because if you look at the Hillary Clinton campaign, which

(20:11):
actually did get fined by the Federal Election Commission for
their conduct in the twenty sixteen election, they called the
Steele dossier legal expenses, and the Federal Election Commission when
they find them, said no, no, it was it was
opposition research.

Speaker 5 (20:28):
But my point is that what a campaign would do
is just say legal expenditures.

Speaker 4 (20:33):
You know, those those were legal deals. They had to
pay for them, and that's you know, if they got
caught down the road on what the legal expenditures were,
what would they care by then the election would be over.
So you know, obviously what he would have done if
he thought this was a campaign expenditure, he would have
paid it at a campaign fund. This guy doesn't go

(20:54):
into his pocket for anything. He doesn't want to go
into his pocket for right. He would have paid it
with campaign money and they would have just said on
their FDC disclosure legal expenses, just like they did in
the Trump books.

Speaker 2 (21:07):
So what happens now andy this case? Do you think
that there are jurors that are going to be willing
to vote not guilty? I mean, really, this gets into
analyzing the jury pool itself, because I think just about
everybody listening to us who's been paying attention to this
case would say, on the merits there is reasonable doubt here.

(21:29):
As you laid out, you think the judge should give
a directed verdict to take it away from the jury
even being able to decide this, which is a high standard,
meaning that the prosecution's really fallen all over its face.
What happens now, though, presuming that merch hand won't do that,
which I think you won't, and it goes to the jury,
do you think there is a one or more juror

(21:50):
that is willing to say not guilty? How do you analyze?

Speaker 4 (21:55):
Yeah, I think there's a high likelihood that more than
one juror will refuse is to convict.

Speaker 5 (22:01):
I don't.

Speaker 4 (22:02):
I don't think Trump a quitted, but I do think, well,
I'm not.

Speaker 5 (22:07):
We've talked about this before.

Speaker 4 (22:08):
I'm not as down on New York juries as a
lot of people are. And look, I'm an old guy
over the hill who hasn't tried a case in Manhattan
in close to thirty years, So.

Speaker 5 (22:19):
I get that, and the city's changed.

Speaker 4 (22:22):
But nevertheless, Trump only needs one, you know, to win,
and to me from all the reporting I heard, including
from the Times, which doesn't really want to say this,
the jury seems to be paying riveted.

Speaker 5 (22:37):
Attention to Blanche his cross examination.

Speaker 1 (22:42):
Of Oh, it was bad, it was a bad day
for sure.

Speaker 2 (22:46):
Yeah, this is fascinating to me because you're a super
smart guy here, Andy, Did you think one would vote
not guilty before the trial started or is this based
on how the trial has gone in your mind?

Speaker 4 (22:58):
I thought that I've alway thought that Trump had a
chance to get a home jury. Gun to my head,
I said before the trial, I think he'd be convicted,
and the main reason, Clay is and I still think
this is a huge problem. The unseen dynamic in a
criminal jury trial. Civil trials may be a little bit different,
but in a criminal trial, it's always how the jury

(23:23):
thinks the judge is thinking about the case. The jury
takes their cues from the judge, and it's a big
deal in a trial how the judge seems to interact
with the prosecutor and treat the prosecution's case. In every
criminal case I was ever involved in, you knew from
the judge whether the judge thought this was serious business

(23:45):
or he thought it was a BS case.

Speaker 5 (23:47):
That didn't belong in court. And it's not necessarily anything,
especially with the smart judges.

Speaker 4 (23:53):
It's not anything that you could ever point to in
the transcript. But there's a kind of you know, there's
a body language, there's a way you go about things.
When I tried the blind Shaw case years ago in
front of Judge Mukasey later Attorney General Mukasey, when we
swore a witness, we must have had, you know, a
couple of hundred witnesses in the trial and went on

(24:15):
for nine months when we swore a witness, and you
could hear a pin drop in the courtroom because everybody
the judge, it was a big deal to the judge
that everybody understood that the oath was very important and
when the witness got the stand.

Speaker 5 (24:28):
It was serious business.

Speaker 4 (24:30):
Now, you wouldn't see anything in the transcript that says
like the judge favored the government's case.

Speaker 5 (24:37):
Because I don't think he did.

Speaker 4 (24:39):
He did what his job was, but he conveyed to
the jury that what we were doing was very serious,
and he acted as if the case was being proved
in a serious way and it wasn't a three ring circus.
That's a powerful message to a jury.

Speaker 5 (24:55):
And they take their cues from the judge.

Speaker 4 (24:57):
So a lot will depend on like how do they
feel about merch On and how do they think do
they think he's been fair?

Speaker 5 (25:04):
And do they think.

Speaker 4 (25:08):
What do they think of how he's interacted with the prosecutors.

Speaker 5 (25:11):
I think that's really important.

Speaker 1 (25:12):
Andy. Let's assume that it is a hung jury. There's
one hold out. Clearly that's a disaster for the brag
prosecution here. What do you see as the likely second
order effects of that in terms of the other cases?
What Bragg's office would do then? Would they move to
even try to do another trial? You think would this

(25:36):
affect the way that the other legal cases would would be?
You know, basically, do you think somebody might drop another
one if this one fails? How do you see it
playing out?

Speaker 4 (25:45):
I don't think this case would ever be tried again
if it ends up in a hung jury. And I
really don't think.

Speaker 5 (25:51):
That it's just going to be one. I think it'll
be more than one. Sure we'll see, but I.

Speaker 4 (25:59):
Don't know that the collapse of this case necessarily is
the thing that dismantles the rest of the lawfair campaign.

Speaker 5 (26:09):
But where the law fair campaign.

Speaker 4 (26:12):
Goes regardless of how this case comes out, I think
depends on the willingness of Jack Smith to narrow the
J six case down to the stuff that Trump's lawyer
in the oral argument to the Supreme Court on the
immunity issue. If he's willing to narrow the case down
to the stuff that John Salard, Trump's lawyer, conceded was

(26:36):
private behavior that didn't have it wasn't amenable of an
immunity claim, and I think he could put the pedal
to the medal and chuck In. Judge chuck In would
help him and he could get that case to trial.
But if he's insistent on doing the whole case as
it's indicted, I really think what's going to happen in
that case is the Supreme Court is going to send
it back to chuck In with instructions to sort out

(26:59):
what's private behavior and what's official conduct.

Speaker 5 (27:03):
And if she does.

Speaker 4 (27:04):
If they do that, then it's still a live immunity issue,
which means, however she resolves it, Trump can appeal it
to the DC Circuit and it may go right back
to the Supreme Court.

Speaker 5 (27:14):
So I don't see if.

Speaker 4 (27:17):
Smith is not willing to narrow the case down and
say the chuck in.

Speaker 5 (27:22):
You know, look, I don't want you.

Speaker 4 (27:23):
To have to go through this whole rigmarole of sorting
out the private from the official.

Speaker 5 (27:28):
Let's just go to trial and with private.

Speaker 4 (27:30):
If he's willing to say that, then I think they
can get that case to trial.

Speaker 5 (27:34):
If he's not, then forget it.

Speaker 2 (27:37):
Last question for you, Andy, and we appreciate all of this,
because man, this is crazy. If there is a conviction,
let's say that the twelve jurors don't, as we see it,
apply the law correctly and analyze the facts correctly. What
do you think the chances are that this case would
be overturned on appeal.

Speaker 4 (27:59):
I think the chances are very high because even before
you got to trial, there's all kinds of legal issues here, like,
for example, I think this case violates the New York Constitution.
I think the statute violates the New York Constitution. They
have major federal constitutional claims, including whether the indictment is adequate.

Speaker 5 (28:20):
So before you even get to.

Speaker 4 (28:22):
The trial, and you get to things like allowing the
Stormy Daniels testimony and what I think are going to
be pretty critical errors by the judge.

Speaker 5 (28:30):
Because when you said Clay, like, the.

Speaker 4 (28:33):
Jury doesn't find the case legally, like we've just discussed it.
I don't think they're going to get the case legally
the way we just discussed it. I think march On's
going to give them a different idea of what the
law is.

Speaker 5 (28:45):
So I think there'll be a lot of errors.

Speaker 4 (28:46):
The problem is, it's like Harvey Weinstein, what was it,
three to four years after the trial they threw out
the conviction.

Speaker 5 (28:53):
That's not going to happen fast.

Speaker 2 (28:55):
And the other thing I would point out, Andy and
I don't know that we've even discussed this. We got
to go to break, but there are two lawyers on
this jury of twelve, which is kind of unheard of.
So how exactly do they drive the jury? What do
they think of this case? They're not exactly legal neophytes.

Speaker 4 (29:12):
Yeah, but you know it's impossible Clay to say categorically
this is how a lawyer would affect it. Like, let's
say you and I are pretty good lawyers. Right, Let's
say from my perspective, let's say this was a case
about a real estate clan.

Speaker 5 (29:27):
You know the fact the.

Speaker 4 (29:28):
Legal degree wouldn't be very helpful.

Speaker 5 (29:32):
You know, I'd be that is anybody else.

Speaker 1 (29:34):
And unfortunately, Andy, I can tell you this from friends
of mine who have gone through this in recent years,
the law schools are churning out lunatic Marxists at an
unprecedented rate. So having a lawyer on the jury, I'm
not sure that. Yeah, I mean, I can't even begin
to get into that right now, Andy McCarthy, everybody, National Review,
Fox News, Andy, we're going to have you back. We'll

(29:54):
see how your prediction goes.

Speaker 5 (29:58):
On the season or on the trial.

Speaker 4 (30:01):
Both.

Speaker 5 (30:01):
It was bothering about the season.

Speaker 4 (30:03):
I was ready to say Clay that, like Alvin Bregg says,
it's a long season.

Speaker 2 (30:07):
You know, yeah, yeah, the Mets are The Mets are
not covering themselves in glory right now. I hope you're
right though about the legal predictions. That would be an
earth shattering result. I'd love to see the MSNBC and
see it in reactions. If they can't get a conviction,
well they.

Speaker 5 (30:22):
Want an investigation of the jury, I'm sure.

Speaker 1 (30:24):
Oh yeah, we talked about that real quick, Andy. Will
the jury's identities be public after this? No matter what
the judge says, you think, will someone docks.

Speaker 4 (30:33):
Them the minute they decide to go public, they'll be public.
I think that you know, he's hoping that they'll decide
the case by Thursday so that they can line up
their weekend interviews.

Speaker 1 (30:44):
I think we'll see all right, Thanks so much, Andy.
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Speaker 3 (31:48):
By Preborn Clay Travis and Buck Sexton Voices of Sanity
and Insane World.

Speaker 2 (31:55):
Some breaking news that probably is going to turn into
a huge story. Not politics related, but we should mention it.
There is a video that CNN has obtained of the
music mogul Ditty beating the crap out of his then girlfriend.

(32:15):
It appears in what they say is the Intercontinental Hotel
in Los Angeles, punching her in the face, kicking her
when she's on the grounds.

Speaker 1 (32:24):
Pretty awful. You watched the video.

Speaker 2 (32:26):
I mean, this thing is uh is Frankly, I mean it,
it's beyond the shadow of a doubt, criminal assault and
domestic violence. I don't know why it took eight years
for this story to come out, but it's going to
be a really big story. I've stayed and then many

(32:47):
of you out there listening right now in the Los
Angeles area and beyond the Intercontinental Hotel where this happened
overlooks the Fox Lot. I have spent months of my
life staying there. I don't know how this video would
not have come out before now eight years ago, it's now, well,
you do know.

Speaker 1 (33:08):
It's just the answer is that people didn't want to
release it, right, I mean, you know you're saying if
this had normally have if some guy just did this
and security was aware of it, there would have been
police called. The reading didn't. Any reason it didn't happen
was because this is Sean Combs, who is a very rich,

(33:29):
very influential music and fashion mogul. And let's be honest,
and some people, unfortunately somewhat tragically consider him to be
a cultural icon of sorts, or at least they used to.
But I have to wonder is this enough given all
the other allegations as well, and there are a lot

(33:50):
of allegations against this guy out there, does he get canceled,
does he get treated differently? Or is this just somehow
largely ignored by those in Hollywood and elsewhere who are
very music industry people who are very much wanting to
be on Ditty's good side. I'm not sure that mister
Combs is necessarily going to face justice in any sense.

Speaker 2 (34:15):
I'll also point out we've spent some time this week
talking about the Harrison Butker controversy.

Speaker 1 (34:21):
You and I talked about it yesterday during our photo shoot.

Speaker 2 (34:24):
It will be interesting to see whether Ditty on video
actually beating the crap out of a woman gets as
much attention as Harrison Butker praising stay at home moms.

Speaker 1 (34:35):
Never mind attention outrage, It will not get as much outrage. Yeah,
our culture right now and our media and news ecosystem
is far more angry at what Buttker said, then they
will be at what Diddy did here on video. You
can take it to the bank. I mean it is.

(34:57):
It is a certainty that whole bunch of major news
organizations will treat this with far less venomous rage than
they did Butcker saying, Hey, for a lot of women,
being a mom is actually the greatest vocation you could
have and the greatest thing you can do in your life,
and maybe build a family and have kids. That is blasphemy.

(35:19):
Telling women that they're not necessarily going to be happy
if they forego family so that they can make VP
in their forties, that is a crime against humanity, according
to the Coastal Democrat Left and some other places too.
Whereas what did he did here? And it is vicious?
Yes it is on camera. There is no question about

(35:41):
what went on here when you watch the video, but
you know they'll make excuses. There'll be people who make
excuses for this.

Speaker 2 (35:49):
And I do think it's important because this is one
of the biggest I would say signs of cultural rot
that has been brought on by social media is we
now often treat words as more significant violations of cultural
norms than actual violent acts. In other words, Harrison Bucker,

(36:10):
if he had punched a woman, would have gotten one
one hundredth of the media attention, maybe one one thousandth
of the media attention. As for saying, hey, being a
homemaker and a mom is an incredible almost crying while
he's praising his wife. That's where we are as a society.

(36:31):
And I think, frankly, it's one reason why the cancel
culture rot has so taken control. We cancel people for thoughts,
not for actual crime or.

Speaker 1 (36:42):
In the case of Butker, I would add to this,
I know you spent a lot of time on it yesterday,
and I was seeing some of the Twitter ex chatter
about how how much people loved your breakdown of a
clay So I don't want to be labor it. And
there's other news we're going to get into here in
the third hour, I would just say one, I thought
the speech was incredibly powerful, And the reason it was

(37:05):
both powerful and so hated is because it is true
when you say things that people don't like, that they
don't agree with, that they know are false, you know,
unless you're defaming them personally or something. Right. But you know,
if someone gets up there and says, you know, you know,
it's really gonna make you happy in life, chasing money,

(37:26):
do everything you can to chase money, You're gonna be like, well,
that guy's an idiot, because that's not true. It's not
going to make you happy. Right. But if somebody gets
up there and says uh, specific specifically to women, but
it's true for men as well, foregoing you know, or
I should say, deprioritizing marriage and family and faith is

(37:46):
for most people. And this is the people also lose
all context. This is where you get people say, well,
I did this and that worked out for me. Everyone
is allowed their individual choice for their path in life.
It's a question of and what he was talking about
is what in general as a philosophy, as an approach,
is going to engender the most happiness, the most stability,

(38:11):
the most, you know, productivity in all senses, right. And
the reason people get so upset when they hear this,
who disagree with them, is because at some level they
know it's true. And especially people who have made life
choices that they cannot undo, they hear this and they
don't want to believe that it was a choice they

(38:33):
made that has led them to be unhappy. They want
to believe that it's the patriarchy or Donald Trump or whatever.
There's always some excuse and then the constant refueling of
the delusion with the pop culture stuff about how you
do you you know, girl power? Yeah, be a boss

(38:53):
like it's awesome sometimes sometimes generally not. And anyway, but
your point about Ditty Versus or Sean Combs and whatever
his name is, he's on. I mean, it's been very
apparent that he's a very bad person for a long time.
But people, you know, I'm sure Anna Winter and all

(39:13):
the rest have been kissing up to this guy for
the last thirty years without any pause, and they will
try to continue to do so if they can get
away with it.

Speaker 2 (39:20):
Were you surprised shifting gears to what we talked about
the top of the hour, Were you surprised with how
confident Andy McCarthy is that we're gonna get a hung
jury here.

Speaker 1 (39:30):
Yes, I was, I was. I was surprised. I like
where his head is at. I just can't emotion I
just can't, like psychologically get there because there's just so
much there's so much darkness that you face when you
look into what's being done to Donald Trump. I feel
this way if it were another Republican running too, I

(39:50):
want to be very clear about that. Did some of you,
We're gonna say no. If they did this to Mitt Romney,
I would be going to the mat in defensive Yeah,
because you're.

Speaker 2 (40:01):
Willing to stand on principle, not the person. That's important.

Speaker 1 (40:05):
If and honestly, if they were doing this to you know,
the same set of facts and circumstance, but they were
doing this to a Democrat, I would be telling our
our side. First of all, our side doesn't have the stones.
You know, we never we we're always like, oh, you know,
we need to police each other, and let's not become
the monster, to fight the monster and all that stuff.
Our side wouldn't do it, but if we were, I'd

(40:25):
be saying, this is not how we do business. I
got yelled at by a lot of people once because
there was I forget even what it was. There was
a conservative moment of anger over something and people blocked
a bridge and I was like, we don't do that, guys,
we don't. We don't do the blocking the bridge thing.
That's that's for left wing lunatics. That's not how we roll.
And people said, you know, some people said you gotta
have you got to have some sense of principle or else,

(40:46):
what are you even doing? What are you fighting for?

Speaker 2 (40:47):
Can you imagine if a New York City jury refuses
to convict Trump on this case, what the immediate reaction
on I will tell you to beat MSNBC that night.

Speaker 1 (40:58):
I will do. For sure. We should definitely make sure
you text and remind me that when that verdict comes down.
Hate watching MSNBC when something great happens for Trump is
honestly one of the most joyful experiences you'll ever have
of TV watching. But I think Clay I would go
so far as to say that if it is truly
a hung jury, I think they worry very much about

(41:22):
Biden's or they worry even more about Biden's viability. I
don't know. Then if it becomes Kamala takes over. I've
always said that's possible, but the narrative that this creates
becomes inescapable of. They really are trying to They're already
rigging the election, and it will look like Donald Trump
is beating their rig job and on path to win reelection.

(41:46):
Let me give you a thought as we go to
break here the reason why Biden wants June and September
as the trial dates. He's trying to early September. He's
trying to avoid there being a conflict if they try
to rush through court proceedings. Because if Trump's saying, you've
got me in court all day, how am I supposed

(42:07):
to be preparing for an actual case? You heard? It
is impossible two months for the erase. It is possible
that that j six case happens. It is possible that
they get it started. It is not likely. I would
give it probably one in five odds or something or
five to or five to one. Yes, there we go.

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Speaker 3 (43:55):
Clay Travis and Buck Sexton chuck up a win for
Team Reality.

Speaker 1 (44:01):
We're going to talk to you about a couple things.
One is quite a flurry of insults on Capitol Hill
flying all over the place, a bit of squabbling going
on between various members of our esteemed legislative body. We

(44:21):
will bring you that audio. It was I mean, I'm
talking about we're at the level of making ugly jokes basically,
and you know you're ugly or you're you know this
and that. I mean it was real grade school childish
kind of stuff. And it was flying. It was flying.
We'll get you can just hear some of that. I
don't know what is going on over there, but we'll

(44:43):
bring it to you because it is. These These are
our elected representatives, everybody. We are paying their salaries, and
this is what's going on down there. But first up,
I thought we should we should dive into this. As
you know, Joe Biden, if he does not do very
very well. Let's put this simply and plainly. If he
does not do very well with the black community in

(45:07):
this election, he loses, and by very well, ninety percent
and above support from the black community. And this is
in part why Biden. I think he was just at
what was he He's at a meeting. He came out today, Yes,
he's at the NAACP today and came out and said
he's a lifetime member. Let's let's just hear Biden pandering

(45:28):
as per usual. Ope, maybe not so put that aside
for a second. We'll skip Biden, because yes, he just
was talking about how he is such a big member
of the NAACPR has a longtime member of the NAACP. Meanwhile,

(45:48):
over at CNN, they're a little concerned because President Trump
is doing better at this point then certainly they expected
he would with members of the black community. This has
cut Ford. Do we have this one?

Speaker 6 (46:03):
Look at this number for Donald Trump, twenty two percent.
Where was Donald Trump at this point four years ago?
In the pulse he was just.

Speaker 1 (46:11):
Nine percent of the vote.

Speaker 6 (46:13):
So he's seen more than a doubling in his support
among African Americans. This margin, which was in the seventies
just four years ago. Look at where it is now,
sixty nine minus twenty two. That puts it in the forties.

Speaker 1 (46:25):
My goodness, gracious. If this held through the general election,
this would.

Speaker 7 (46:29):
Be by far the best performance for Republican candidate among
black voters in a generation, two generations, probably since nineteen
sixty and Richard Nixon against John F.

Speaker 1 (46:40):
Kennedy.

Speaker 5 (46:41):
That's how long.

Speaker 1 (46:41):
We're really talking about.

Speaker 6 (46:43):
When we're looking at this margin here, this could be
a truly historic margin.

Speaker 1 (46:46):
It's quite a troubling sign for the Biden campaign. Okay, Clay,
let me start with this. I think it is way
too early to celebrate on these numbers. And as we've
always said, it'd be great. You know, in a perfect world,
the Republicans would get ninety percent of the black or
one hundred percent of the black vote. We don't live

(47:07):
in a perfect world, so I don't think this is
necessarily going to translate to election day in a way
that would be meaningful. But but the numbers right now
say that it does. So I can't have it both
ways right right now, and that's why CNN's freaking out
right now. The numbers do indicate that it would be

(47:27):
enough to sway the election. Swing the election just the
black communities vote for Donald Trump. And and so there
is the possibility here that the president that they have
called a white supremacist and a racist, and that Joe
Biden claims, as you point out regularly, that he had
to run because of Charlottesville and the white supremacist marched there,

(47:51):
and Donald Trump saying but which he did not say
that there were good white supremacists, but put that aside.
Joe Biden lied about that. We all know that there's
the possibility that black community maybe the deciding vote theoretically
that puts Joe Biden out of office and Donald Trump
into office, because if twenty percent of them go for Trump,
it's all over. Yeah.

Speaker 2 (48:11):
And not only does it change potentially the outcome of
twenty twenty four, it destroys the entire identity politics coalition
of the Democrat Party. And we've talked about the clear
conflict that exists right now between Jewish voters and Arab
voters on the issue of Israel and whether or not,
for instance, Israel at the latest can go into Rafa.

(48:34):
I would mention that they have found three dead bodies
of hostages in the last twenty four hours in the
tunnels of Gaza, including one of the women that they
kidnapped and raped at that Rave festival. Her image went viral.
She has now been found dead. Israel has still not

(48:55):
gotten back around one hundred that we know of hostages,
many of whom are probably dead, unfortunately, including five Americans.
But put that aside. So you have Israel and Jewish
and Arab voters going head to head in the United
States who tended to be a part of the Biden coalition.
You've had now seven eight years of the media saying

(49:15):
Trump is an awful racist, and right now Trump is
poised to do better than any Republican with the black vote,
based on these CNN numbers and based on what we
just shared with you that audio, than any Republican candidate
since Richard Nixon in nineteen sixty, before the Civil Rights
movement even began. And Bucket's not just black voters. There

(49:36):
are polls out there showing Trump leading with Hispanic voters
or at least very close, and Asian voters are moving
in Trump's direction too. The Identity Politics coalition is on
the verge of taking a knockout punch.

Speaker 1 (49:50):
I wouldn't say a knockout punch. I would say it's
taken some hits to the face. It's pretty durable. I mean,
if you even get an eighty twenty vote of the
back from the Black community for Biden and Trump, you
still have a huge supermajority of Black voters who are
who are still Democrats, but it absolutely changes the dynamics
of how they could put that coalition to get the.

Speaker 2 (50:12):
Calculus doesn't work eighty even though it's still a big favor.

Speaker 1 (50:16):
Well, I'm saying you'd have to now you'd be looking
at a Democrat party that would have to start looking
at winning back working class white voters or you know,
you know, middle middle to lower middle income white voters
would be where the votes could be made up. That's
what Donald Trump did in twenty sixteen. That's how he
expanded the vote where he needed to and delivered that

(50:36):
that victory. But there's another part of this, of course
as well, right, and that is who is not only
is it a problem of Biden, who is the national
level black Democrat politician who really has has connection to

(50:57):
and and extremely high levels of support. I think that
members of Congress, you can but you know, there's no
one who has the same the same you know, stature
numbers and and kind of support that Barack Obama did
among the you know, among the black community and the
Democrat Party. Right now, Kamala Harris Michelle Obama is the answer.
I'm gonna I'm gonna jump out a window right now,

(51:18):
I'm gonna jump out a window. Kamala Harris does not
have it. Okay, she doesn't have it. You know, look
at some of the other prominent level black Democrat politicians.
Corey Booker does not have that same.

Speaker 2 (51:32):
Level of support, and in the Kim Jeffries, there's a
lot of high ranking black politicians that don't particularly connect
that well with the Black community. And building on this
book question for you, I think what you're seeing here,
and they didn't break it down by race, but remember
we've had this discussion for a while. I think it's
black men. I think black men are rebelling against the

(51:55):
Democrat Party as many men are in general because of
cultural issue.

Speaker 4 (52:00):
Us.

Speaker 1 (52:00):
Well, we'll see that what I what I meant to say,
or what I meant to get to is that you
don't have that that national level unifying black politician for
the black community as you obviously did with Obama for
eight years, and you have Joe Biden who is trying
to be the person and with Kamala Harris as his VP,

(52:23):
of course, who has all these you know, uh bona
fidez with the black community. You know, I'm your guy,
Joe Biden says, I'll do what needs to be done.
And I think that's really falling flat. I mean, here
we have the Director of the Office for Public Engagement,
that is quite a quite a title, Steve Benjamin, who's like, oh,
there's a there's a there's a lot of support for

(52:45):
Joe Biden. Don't worry about a lot of support for
Joe Biden in the African American community.

Speaker 7 (52:50):
This is five janelvan ghusiasm for the president in the
African American community.

Speaker 1 (52:55):
What do you chalk that lethargie up to?

Speaker 8 (52:58):
You know, I will tell you again and I can
only speak Francesca to my to my experience, and when
I get out there and we talk to people about
the amazing successes of the administration on the leadership of
the President vice president, people are psyched. I mean they're
they're they're they're they're happy about these meaningful developments helping

(53:20):
change the lives of people all across this country.

Speaker 1 (53:23):
Now, look, he's got an impossible job to be fair,
right to be fair, mister Steve Benjamin's job is impossible
because nobody is psyched about Joe Biden. And I really
mean this. I have never met a Democrat who jumps
for joy over Joe Biden. I have met Democrats who
do that for Hillary. A lot of them were women
for Barack Obama, to be sure, for Bernie Sanders, for

(53:45):
Elizabeth Warren. I have met Democrats and no Democrats who
truly get excited about the I have never met somebody,
just from my own experience, who goes, you know, who's
amazing Joe Biden. Everybody knows that he He was the
candidate that they had when they were able to run
an anti Trump campaign. If you were to ask somebody

(54:07):
right now, or rather, how about this, if somebody said
to me, make the best case you can for what
Joe Biden has delivered for the black community in his
first term, I do you have something? And I really
mean this. If someone said, you know, I'll give you
a million dollars, make the best case for Joe Biden.
Point to the thing that Joe Biden has done for

(54:28):
the black community that has really delivered. I am not
aware of it, and I just basically read about politics
all the time.

Speaker 2 (54:37):
I think you could make that case for almost anyone
in America, and that really kind of I think speaks
to how Biden has failed. And you asked why he
has this the position that he does, it's because he's
seen as Barack Obama's kind of doddering friend.

Speaker 1 (54:55):
Well, you know, he's like his wingman.

Speaker 2 (54:59):
Yeah, it's not even really a wingman. It's like kind
of a you know, like in the Buddy Cop movies.
He's not even it's not like he's Riggs and Murtaw
in Lethal Weapon. I hope I got those guys' names right.

Speaker 6 (55:09):
Yep.

Speaker 2 (55:10):
He's like the Joe Pesci character, you know who they
eventually added on, kind of the lovable Leo gets Leo gets.
He's the Leo gets of. And in fact, I think
we have this audio you called for it a little
bit earlier, but it's cut thirty. Even when he's talking
to the n double ACP today, he still seems to

(55:31):
be referring to himself as the vice president and Biden
as the President.

Speaker 1 (55:36):
Listen to that.

Speaker 5 (55:37):
My name is.

Speaker 1 (55:37):
Joe Biden, and I'm a lifetime member of the NAACP.
But I said that the president said, are your dues
paid up? I got a check?

Speaker 2 (55:51):
Okay, that could be fair. The President of the in
double ACP is who he's referring to. I took it
as the President Obama, but I think he's talking about
the President then double ACP. First of all, he said
he didn't want his kids to go to school in
a jungle. Does that sound like a lifetime believer of
the NAACP. And he claimed that he got arrested on
the porch while protesting. But yes, they'll they'll let me
tell you.

Speaker 1 (56:11):
I remember when when that that moment happened, and it
did feel a little surreal at the time. People forget
now because you know, we got a lot going on
in the world. He wasn't the leading candidate until all
of a sudden, Congressman Clyburn, South Carolina. The black community,
and particularly I mean the black community's most you know,

(56:34):
the the voting block that determines the most is the
black female primary voter. They essentially, once Clyburn gave his blessing,
made the decision Joe Biden's going to be the guy.
And I remember talking to a few friends of mine
around that time who are Black Democrats, because I honestly
am curious about the what the feeling was about this,

(56:56):
And at least what they told me a couple of
them told me was it's not that they think that
Joe Biden. They know that Joe Biden's not some great
hero or anything for the black community, but they think
it's it's transactional. They think we put him in place,
you know, meaning the black community gives this to Joe Biden,
He's going to deliver for the black community in you know,

(57:20):
a variety of ways while he's in office. I think
that implicit bargain has clearly not been met by Joe Biden.
And that's why so so for any Black voters for
whom Biden was a transactional And look, you can argue
all politicians, right, you're voting for them because you want
to get certain stuff. But I don't think that they
believed in the mythology the Biden campaign was pushing, or at

(57:42):
least a lot of them didn't believe in that. I
think they just figured Joe Biden will get it. Done
for us, because you know, because we're getting it done
for him, and that has not happened. I will mention
two things that he did want. He put Kamala Harris
on the ticket, which black women might see even though
it's not necessarily. And then the second one is similar,
it's DEI based. He gave the spriontology Brown Jackson on

(58:03):
Supreme Court. I don't you know that those two moves again,
those two moves, if you're a you know, a black
female PhD at an Ivy League school or something, you go,
oh my gosh, like, look what he's doing. I don't
think that that really moves the needle very much in
a lot of in a lot of black communities. I

(58:24):
don't think a lot of black communities, you know in
the South, for example, that are dealing with the day
to day problems of paying, you know, affording things, jobs,
you know, substance abuse, I mean, all the things that
come especially if you're living in a city environment. I
don't think they view the Supreme Court pick as enough,

(58:44):
do you know what I mean? I think that that's
I mean, you're right, those would be the things that
he could point to. But I think that you know,
remember Trump, you always talk about the wage and job
growth and low real unemployment in the black and Latino
community when he was president. That was one of his
biggest points of pride.

Speaker 2 (59:03):
This is why I bet you a stake that black
men are going to twenty five percent. Bet vote for
twenty five twenty five percent of black men, just black men.
This said twenty two percent of black voters overall. I
think one in four black men are going to vote
for Donald Trump. I don't think black women are going
to move as much. I think black men are jumping
on board. I really do, and that's why I think

(59:25):
certainly picked him, Scott. I think that's why he.

Speaker 1 (59:27):
The other part of this, too is the notion that
Donald Trump is I mean, we've known this all along
on the right. The the notion that the left is
obsessed with that Donald Trump is some big racist. It's
just a lot, it's just a lie. He's just not
a racist. You can say some things about him that
aren't complimentary. Donald Trump is actually not a racist, one
hundred percent right tunnel.

Speaker 2 (59:44):
The Towers Foundation has been helping America's heroes and their
family since nine to eleven. These are hero first responders
and service members who serve our communities and our country,
Heroes like Buffalo firefighter Jason Arnaut and his family. Arnaut
was killed while protecting his community battling a warehouse fire,
left behind a wife and a young daughter in their
darkest hour. Tunnel the Towers provided Arnot's wife and daughter

(01:00:08):
with a mortgage free home. The foundation lifted a financial burden,
enabling them to stay in the home where they made
memories with their hero. Join Tunnel the Towers on its
mission to do good. Support the families of America's greatest heroes.
The families of fallen first responders like Jason Arnaut, plus
gold Star families with young kids, severely injured service members,

(01:00:28):
and homeless veterans. Join us in donating eleven dollars a
month at t twot dot org. That's t the number
two t dot org.

Speaker 3 (01:00:37):
From the front Lines of Truth, Clay Travis and Buck
Sexton

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