WEBVTT 1 00:00:00.760 --> 00:00:04.400 You're listenings KFI AM six forty the bill Handle Show 2 00:00:04.599 --> 00:00:09.199 on demand on the iHeartRadio f KFI AM six forty 3 00:00:09.199 --> 00:00:12.679 bill Handle Here. It is a Monday morning, December twenty third. 4 00:00:13.439 --> 00:00:18.519 It is my last day here for the year, coming 5 00:00:18.559 --> 00:00:24.440 back the first Monday in January. Neil is out today, 6 00:00:25.440 --> 00:00:28.399 Amy is out all week, Michael Monks is filling in. 7 00:00:29.039 --> 00:00:31.120 And it's sort of going to be a modified week. 8 00:00:31.640 --> 00:00:35.000 For example, Gary and Shannon will not be here. They 9 00:00:35.039 --> 00:00:39.039 will be playing the best of Gary and Shannon. You know, 10 00:00:39.119 --> 00:00:42.200 there was a discussion of when I am not here 11 00:00:42.359 --> 00:00:44.320 various times of the year to play the best of 12 00:00:44.359 --> 00:00:47.439 the bill Handle Show. Then I was told there's no 13 00:00:47.520 --> 00:00:49.880 such thing as the best of the bill Handle Show. 14 00:00:50.000 --> 00:00:56.640 It doesn't exist. Okay, Well, the answers that question, doesn't it. Now. 15 00:00:58.520 --> 00:01:05.000 A story about a former Republican congressperson out of Florida, 16 00:01:05.560 --> 00:01:11.680 Representative Matt Gates. Matt Gates interesting guy. He's been in 17 00:01:11.719 --> 00:01:19.120 Congress for eight years, probably the most unliked congressperson across 18 00:01:19.120 --> 00:01:22.159 the board by both Democrats and Republicans in Congress than 19 00:01:22.200 --> 00:01:25.400 we have seen in many, many years. He was the 20 00:01:25.480 --> 00:01:31.640 leader of the group that ousted Kevin McCarthy hated and 21 00:01:31.719 --> 00:01:35.760 does hate Joe Biden, one of two people that heckled 22 00:01:35.959 --> 00:01:38.599 Joe Biden during his State of the Union address, the 23 00:01:38.599 --> 00:01:42.480 other one being Marjorie Taylor Green. I mean screaming at 24 00:01:42.519 --> 00:01:44.640 the President during the State of the Union, calling him 25 00:01:44.680 --> 00:01:45.200 a liar. 26 00:01:45.799 --> 00:01:47.879 I mean just it was just crazy. 27 00:01:48.239 --> 00:01:50.920 I mean the State of the Union, just the way 28 00:01:50.920 --> 00:01:53.239 government is running used to be that the President was 29 00:01:53.840 --> 00:01:55.599 at least his State of the. 30 00:01:55.640 --> 00:01:57.120 Union address was sakra saint. 31 00:01:57.439 --> 00:02:00.560 That is one of the high lights of the year 32 00:02:01.280 --> 00:02:06.280 for presidential delivery of news or rhetoric or where he. 33 00:02:06.239 --> 00:02:09.039 Wants to go. That's all gone because of people like 34 00:02:09.080 --> 00:02:09.639 Matt Gays. 35 00:02:10.240 --> 00:02:15.360 So the Ethics Committee of Congress has been investigating him 36 00:02:15.400 --> 00:02:19.520 for years, and there were rumors out there that he 37 00:02:19.639 --> 00:02:24.240 paid women, including a seventeen year old girl, for sex purchase, 38 00:02:24.400 --> 00:02:29.639 used illegal drugs, including in his Capitol Hill office, and 39 00:02:29.919 --> 00:02:35.120 as a result of those allegations, the investigation went forward. 40 00:02:36.439 --> 00:02:39.400 There was an argument as to whether or not they 41 00:02:39.400 --> 00:02:43.840 should even release that report, why because he's no longer 42 00:02:43.879 --> 00:02:46.159 a member of Congress member that he was nominated as 43 00:02:46.199 --> 00:02:46.960 Attorney General. 44 00:02:47.039 --> 00:02:50.240 That fell apart very very quickly, and. 45 00:02:50.199 --> 00:02:53.919 Then he resigned well, because he was going to be censured, 46 00:02:53.960 --> 00:02:59.120 probably because of the Ethics Committee. What's kind of interesting 47 00:02:59.120 --> 00:03:02.159 about this is there are more Republicans than Democrats on 48 00:03:02.159 --> 00:03:06.879 the committee because Republicans control Congress. It was a secret 49 00:03:07.000 --> 00:03:12.919 vote to release this this report. And by the way, 50 00:03:12.960 --> 00:03:14.879 an argument is, and it makes sense to me, the 51 00:03:14.919 --> 00:03:18.080 guy's no longer in Congress, he's no longer in government, 52 00:03:18.800 --> 00:03:22.680 in office, in government, and under any circumstances, what good 53 00:03:22.680 --> 00:03:25.919 does it do to release the report. That's how that's 54 00:03:25.960 --> 00:03:29.919 how much he's hated. And it was a secret vote, 55 00:03:30.080 --> 00:03:32.840 and we have no idea who voted for. What we 56 00:03:32.919 --> 00:03:36.800 know the majority voted for the release of this report 57 00:03:37.560 --> 00:03:41.479 from the Ethics Committee. Now was it a close vote. 58 00:03:42.280 --> 00:03:46.120 I'm willing to bet no, because this guy was hated 59 00:03:46.159 --> 00:03:48.599 so much to this day, he denies any of that happen, 60 00:03:49.759 --> 00:03:57.680 even though they have emails, they have texts, payments, Venmo 61 00:03:57.800 --> 00:04:01.000 payments made to these women, like a dozen of them 62 00:04:01.240 --> 00:04:08.560 from him. Witnesses, none of that happened. It's all lies, 63 00:04:08.719 --> 00:04:11.599 and what is it. It's a political witch hunt, that's 64 00:04:11.639 --> 00:04:17.959 what it was. All of these claims of improper conduct 65 00:04:18.600 --> 00:04:22.959 were simply a smear campaign invented by his political enemies 66 00:04:23.079 --> 00:04:26.560 read the Democrats and even some members of the Republican 67 00:04:26.600 --> 00:04:27.959 Party in Congress. 68 00:04:29.279 --> 00:04:31.240 Now it gets even better than that. 69 00:04:32.240 --> 00:04:37.879 First of all, when he resigned from Congress, and he 70 00:04:38.000 --> 00:04:42.600 had to resign in order to run for Attorney General, 71 00:04:42.600 --> 00:04:44.720 although I don't know or he had to be vetted 72 00:04:44.759 --> 00:04:47.759 by Senate. I don't know if you had to actually 73 00:04:47.759 --> 00:04:52.319 resign until you're actually nominated and confirmed. 74 00:04:52.439 --> 00:04:53.480 Don't know the answer to that. 75 00:04:54.160 --> 00:04:56.279 But he quit Congress, and I think for a lot 76 00:04:56.319 --> 00:04:58.160 of this reason, and then was going to be vetted 77 00:04:59.240 --> 00:05:01.600 by the Senate, who was vote whether he used to 78 00:05:01.639 --> 00:05:03.279 be confirmed or not as Attorney General. 79 00:05:03.399 --> 00:05:05.639 That was never going to happen. So he withdrew. 80 00:05:06.600 --> 00:05:10.839 And when he did resign, he said that he plans 81 00:05:10.879 --> 00:05:13.680 to spend the coming years fighting for President Trump. I 82 00:05:13.720 --> 00:05:18.399 think eight years is probably enough time in the US Congress, though, 83 00:05:18.519 --> 00:05:22.959 last week on x he posted the idea of returning 84 00:05:23.000 --> 00:05:28.160 to Congress as House Speaker. Now, how is it possible 85 00:05:28.319 --> 00:05:30.600 that you don't have a congress person as House speaker? 86 00:05:30.600 --> 00:05:33.319 Has it ever been in the history of United States 87 00:05:33.399 --> 00:05:35.839 a House speaker that was not in Congress? 88 00:05:35.920 --> 00:05:38.680 No, is it possible? You bet? 89 00:05:38.720 --> 00:05:41.639 You you don't need to be a member of Congress, 90 00:05:41.680 --> 00:05:45.319 to be the speaker according to the rules. Do you 91 00:05:45.399 --> 00:05:48.160 know that there's only one position in the United States 92 00:05:48.920 --> 00:05:51.160 where you don't have to be a judge or have 93 00:05:51.240 --> 00:05:53.079 any legal background to be. 94 00:05:53.959 --> 00:05:54.600 On the bench. 95 00:05:55.639 --> 00:05:58.959 You know what that position is an Associate Justice of 96 00:05:59.000 --> 00:06:04.600 the Supreme Court. You need no legal background whatsoever to 97 00:06:04.639 --> 00:06:05.800 be a prior judge. 98 00:06:06.480 --> 00:06:07.800 Every other judge you need. 99 00:06:07.720 --> 00:06:12.399 A legal background, Appeels court, district court, state court, you 100 00:06:12.439 --> 00:06:15.920 all have to. Everybody's got to be a lawyer, not 101 00:06:16.040 --> 00:06:20.319 the US Supreme Court, speaker, not a member of Congress, 102 00:06:20.720 --> 00:06:26.079 although that's never going to happen. So Matt Gates going 103 00:06:26.120 --> 00:06:29.920 down and not really. I mean, it's just who didn't 104 00:06:29.959 --> 00:06:33.399 know that he was a pig? You know, paid women 105 00:06:33.480 --> 00:06:38.480 for sex, lots of them, had sex when he was 106 00:06:38.480 --> 00:06:41.199 doing drugs, you know. 107 00:06:41.279 --> 00:06:43.079 I mean that's not necessarily. 108 00:06:42.519 --> 00:06:45.800 Bad because I did that when I was in my twenties, 109 00:06:48.519 --> 00:06:53.600 had sex high. 110 00:06:53.680 --> 00:06:55.399 I'm not going to go through that story. I think 111 00:06:55.920 --> 00:06:57.319 I think we're going to leave that one alone. What 112 00:06:57.319 --> 00:06:58.439 do you think? Okay? 113 00:06:58.560 --> 00:07:01.600 Now, every year I do something about Santa Claus because 114 00:07:01.600 --> 00:07:04.920 I find Santa Claus one of the more interesting historical 115 00:07:05.040 --> 00:07:09.560 figures because it has gone all the way from ancient 116 00:07:10.240 --> 00:07:17.000 Turkey to modern day commercialism and the politics, and there 117 00:07:17.000 --> 00:07:21.600 are a lot of politics involved with Santa Claus and 118 00:07:21.879 --> 00:07:25.399 going back to the Civil War and statements in favor 119 00:07:25.439 --> 00:07:29.759 of the North. So really where Santa Claus started. And 120 00:07:29.959 --> 00:07:33.240 when we talk about the beginning of our Santa Claus, 121 00:07:34.519 --> 00:07:38.720 sort of the myth of Santa Claus, it's the modern 122 00:07:38.800 --> 00:07:41.800 day Santa Claus that we think of going to the 123 00:07:41.920 --> 00:07:46.439 malls and seeing at a store. Mall actually started in 124 00:07:46.680 --> 00:07:51.319 AD two eighty near Petera and Turkey, where the first 125 00:07:51.360 --> 00:07:55.040 mall that was ever created came up in the first 126 00:07:55.040 --> 00:07:58.800 two hundred years of the common era. That's not true, 127 00:07:58.800 --> 00:08:01.879 by the way, they didn't have eighteen hundred years ago, 128 00:08:02.160 --> 00:08:03.399 but it's. 129 00:08:03.199 --> 00:08:03.879 A nice thought. 130 00:08:04.680 --> 00:08:08.160 So the legend of Saint Nicholas, and we know Saint 131 00:08:08.240 --> 00:08:13.600 Nicholas is Santa Claus, except wow has it changed. And 132 00:08:13.839 --> 00:08:16.720 he was known he came up as a saint as 133 00:08:16.759 --> 00:08:21.399 a protector of children and sailors and then he morphs 134 00:08:23.079 --> 00:08:27.240 by and incidentally, this feast day of his not Christmas, 135 00:08:27.240 --> 00:08:31.439 December sixth, was the anniversary of his death. Because remember 136 00:08:31.439 --> 00:08:37.200 he's a saint and saints are revered and the anniversary 137 00:08:37.200 --> 00:08:41.000 of their deaths are really the holidays. Well, by the Renaissance, 138 00:08:41.240 --> 00:08:44.039 Saint nick is now the most popular saint in Europe. 139 00:08:44.039 --> 00:08:48.960 Saint Nicholas, even after the Protestant Reformation, where you know, 140 00:08:49.000 --> 00:08:51.919 we don't want saints very much, we don't like him, 141 00:08:52.600 --> 00:08:53.679 he still. 142 00:08:53.919 --> 00:08:58.320 Had a positive reputation. How about America. 143 00:08:58.679 --> 00:09:02.879 When did he become a deal in America? Well, you 144 00:09:03.039 --> 00:09:07.919 literally go back to the beginning of our country. December 145 00:09:07.919 --> 00:09:11.960 of seventeen seventy three, and the next year New York 146 00:09:12.000 --> 00:09:15.320 newspaper reported that a group of Dutch families were there 147 00:09:15.320 --> 00:09:18.639 to honor the anniversary of his death. Now, how did 148 00:09:18.679 --> 00:09:22.480 he get his name Santa Claus? Well, his nickname in 149 00:09:23.159 --> 00:09:29.159 Dutch is Center Claus. In eighteen oh four, there was 150 00:09:29.200 --> 00:09:33.480 a member of the New York Historical Society distributed woodcuts 151 00:09:33.519 --> 00:09:36.360 of Saint Nicholas at the society's annual meeting. 152 00:09:36.440 --> 00:09:39.960 Again, this was not very much Christmas, but. 153 00:09:41.679 --> 00:09:49.960 The engraving included images of Saint Nicholas filling stockings with 154 00:09:50.080 --> 00:09:54.840 toys and fruit hung over a fireplace. Okay, now we're 155 00:09:54.879 --> 00:09:58.960 getting it together. Where Saint Nicholas becomes Santa Claus. In 156 00:09:59.080 --> 00:10:04.440 eighteen oh nine, Washington Irving helps popularize this when he 157 00:10:04.480 --> 00:10:09.480 writes the history of New York and then gift giving, 158 00:10:09.919 --> 00:10:13.120 which was part of the old celebration of Saint Nick, 159 00:10:13.639 --> 00:10:17.720 becomes a Christmas celebration. The holidays rejuvenation starts in the 160 00:10:17.759 --> 00:10:22.320 early nineteenth century. Stores begin to advertise Christmas shopping in 161 00:10:22.360 --> 00:10:27.559 eighteen twenty. In the eighteen forties, newspapers were creating separate 162 00:10:27.639 --> 00:10:32.759 sections for holiday ads, offering now features of the newly 163 00:10:32.879 --> 00:10:37.519 popular Santa Claus. That's when it morphed. In the early 164 00:10:37.559 --> 00:10:40.279 eighteen nineties, the Salvation Army needed money to pay for 165 00:10:40.320 --> 00:10:43.200 their Christmas meals they provided for needy families. 166 00:10:44.120 --> 00:10:47.120 They started to dress up. There actually homeless people at 167 00:10:47.120 --> 00:10:47.480 that time. 168 00:10:47.559 --> 00:10:50.759 Homeless man dressed to Santa Claus ringing the bell today. 169 00:10:51.360 --> 00:10:52.759 I just went to a store. The other day. 170 00:10:52.799 --> 00:10:54.720 I went to a rouse and there was this little 171 00:10:54.720 --> 00:10:58.799 old lady ringing the bell asking for donations. I started 172 00:10:58.840 --> 00:11:01.960 screaming at her, why aren't you dressed as Santa Claus. 173 00:11:03.600 --> 00:11:06.039 What's all this about? Oh, we don't do Santa Claus anymore. 174 00:11:06.159 --> 00:11:07.480 Come on, give me a break. 175 00:11:09.480 --> 00:11:12.039 And then it goes on, I don't have much more time. 176 00:11:12.279 --> 00:11:15.559 We should have done this for two topics. At least. 177 00:11:16.080 --> 00:11:20.720 In eighteen twenty two there was a minister Clement Clark 178 00:11:20.840 --> 00:11:25.240 Moore wrote a poem for his kid, His daughter's an 179 00:11:25.279 --> 00:11:29.080 account of a visit from Saint Nicholas, that is, the 180 00:11:29.200 --> 00:11:32.840 night before twas the night before Christmas. And then we 181 00:11:32.919 --> 00:11:37.799 have Thomas Nast during a civil war dresses up a 182 00:11:37.879 --> 00:11:44.600 Saint Nick that's going back. And then in the United States, 183 00:11:44.639 --> 00:11:49.120 Santa Claus now is flying from his home on Christmas 184 00:11:49.159 --> 00:11:52.000 Eve to deliver toys to children all over the world, 185 00:11:52.720 --> 00:11:59.000 his sleigh, of course, led by his reindeer Dasher Dancer, Pranson, Vixen, Comet, Cupid, 186 00:11:59.080 --> 00:12:04.519 Donner and Blitzen, which is a law firm that's very famous. Rudolph, 187 00:12:04.559 --> 00:12:08.000 of course comes into being years later with the red nose, 188 00:12:08.559 --> 00:12:13.440 actually because originally Rudolph was depicted as an alcoholic reindeer 189 00:12:13.519 --> 00:12:18.039 with that glowing red nose, and that disappears where now it's. 190 00:12:17.919 --> 00:12:21.519 Simply a beacon. It's like a headlight. Isn't the Rudolph's 191 00:12:21.519 --> 00:12:23.919 nose a headlight? I don't know. 192 00:12:24.480 --> 00:12:27.039 I don't know this story. It's just I just like 193 00:12:27.120 --> 00:12:29.039 the historical part of it. And I was trying to 194 00:12:29.039 --> 00:12:33.039 be stupid and it worked beautifully. Cono, was that like 195 00:12:33.120 --> 00:12:38.399 a bad attempt at humor? Yeah, I know, I'm embarrassed. 196 00:12:39.559 --> 00:12:40.039 I am. 197 00:12:40.679 --> 00:12:45.759 I am humiliated by the segment. I just did stupid moronic. 198 00:12:45.919 --> 00:12:47.000 The jokes didn't work. 199 00:12:48.399 --> 00:12:51.360 Okay, talking about stupid moronic and the jokes didn't work. 200 00:12:51.840 --> 00:12:54.320 Hey thirty on a Monday? Do they have a case 201 00:12:54.399 --> 00:12:56.320 with Wayne and me? 202 00:12:56.519 --> 00:12:58.600 Good morning Wayne, Good morning sir. 203 00:12:59.240 --> 00:13:01.840 So the way, did you ever did you ever figure 204 00:13:01.840 --> 00:13:05.240 out what they call Rothko paintings? 205 00:13:05.279 --> 00:13:09.000 That style? No, what I believe Are you thinking of 206 00:13:09.120 --> 00:13:09.879 color field? 207 00:13:10.279 --> 00:13:13.039 No, I'm not, because I believe that is the discipline 208 00:13:13.080 --> 00:13:13.600 that he is. 209 00:13:13.679 --> 00:13:16.360 Yeah, I don't you know, I don't know. I know 210 00:13:16.399 --> 00:13:20.320 it's very modern modernistic, it's but I don't know what 211 00:13:20.399 --> 00:13:24.000 the school is, you know, Impressionism, Cubism, I don't know. 212 00:13:24.720 --> 00:13:26.480 It's abstract art. 213 00:13:26.799 --> 00:13:32.159 And anyway, okay, I made for you today a theme. 214 00:13:32.960 --> 00:13:35.639 Do they have a case? Both cases have the same 215 00:13:35.720 --> 00:13:40.200 device in common. It is an ankle monitor case. One 216 00:13:40.440 --> 00:13:43.320 right here in downtown LA in federal court. This woman's 217 00:13:43.320 --> 00:13:46.000 on trial for selling some meth and part of her 218 00:13:46.000 --> 00:13:49.240 release conditions is she wears an ankle monitor that monitors 219 00:13:49.279 --> 00:13:51.799 her location at all times, and there's certain places she's 220 00:13:51.840 --> 00:13:55.240 not allowed to go. So they're in court for jury selection. 221 00:13:55.519 --> 00:14:00.279 Her ankle monitor keeps beeping, and the defense attorney says, 222 00:14:00.279 --> 00:14:04.000 you know, her thing's beeping, and if jurors are sitting there, 223 00:14:04.000 --> 00:14:05.919 they're gonna hear it beeping, and then they're gonna know, 224 00:14:06.320 --> 00:14:09.360 and then they'll be it'll it'll prejudice her in the 225 00:14:09.399 --> 00:14:11.480 front of the jury, just like if you had somebody 226 00:14:11.480 --> 00:14:14.279 in shackles. And the judge goes, all right, I get it. 227 00:14:14.320 --> 00:14:17.279 I hear what you're saying. So let's do this. The 228 00:14:17.320 --> 00:14:20.480 next time we take a break, we'll just cut the 229 00:14:20.519 --> 00:14:23.320 thing off of her. We'll just cut it off of her, 230 00:14:23.320 --> 00:14:25.519 and we'll tell pre trial services what happened, and then 231 00:14:25.559 --> 00:14:26.120 after they. 232 00:14:26.000 --> 00:14:27.200 Could put another one on her. 233 00:14:28.200 --> 00:14:31.679 So they bring in the jury and it's beeping again, 234 00:14:32.120 --> 00:14:35.600 and the judge goes, hey, let's have a recess right now, 235 00:14:36.039 --> 00:14:38.320 doesn't tell the jury why, and then cut the thing 236 00:14:38.360 --> 00:14:41.440 off and they proceed with the trial per normal. 237 00:14:41.679 --> 00:14:42.559 She's convicted. 238 00:14:43.000 --> 00:14:48.120 Now, she appeals and says that the beeping of her 239 00:14:48.200 --> 00:14:53.240 ankle monitor, as brief as it was, tainted her trial 240 00:14:55.039 --> 00:14:59.320 prejudiced her in the eyes of the jury, that it's 241 00:14:59.399 --> 00:15:02.519 the same thing as if she was in shackles and 242 00:15:02.600 --> 00:15:08.320 the jury saw the shackles, which would be unconstitutional under 243 00:15:08.440 --> 00:15:12.480 existing law, and therefore the trials should be thrown out. 244 00:15:12.519 --> 00:15:16.159 And the government says, shackles and an ankle. 245 00:15:15.879 --> 00:15:18.840 Monitor are not anywhere near the same thing. 246 00:15:19.200 --> 00:15:21.879 The reason you don't let people in shackles be seen 247 00:15:21.919 --> 00:15:23.879 by the jury has to do with First of all, 248 00:15:23.879 --> 00:15:26.159 it was because you don't want the person to be 249 00:15:26.240 --> 00:15:30.399 in pain, because they need to defend themselves, not so 250 00:15:30.559 --> 00:15:33.159 much because the jury might think ill of them, but 251 00:15:33.320 --> 00:15:36.200 also because shackles. The jury would look at a person 252 00:15:36.240 --> 00:15:39.000 in shackles and think, oh, they must be dangerous. An 253 00:15:39.000 --> 00:15:41.960 ankle monitor is down on your ankle. People don't think 254 00:15:41.960 --> 00:15:45.159 you're dangerous because you're wearing an ankle monitor. It's certainly 255 00:15:45.200 --> 00:15:48.440 not causing you pain. They're too different for her to 256 00:15:48.519 --> 00:15:50.440 have a case. What does Bill Handle. 257 00:15:50.240 --> 00:15:54.360 Say, Ooh, Actually, the court could have gone either way 258 00:15:54.440 --> 00:15:59.279 on that very easily, simply by saying that the beeping 259 00:15:59.279 --> 00:16:02.480 of the ankle mind does tell the jury that there 260 00:16:02.600 --> 00:16:05.200 is an ankle monitor there, and therefore the connection is 261 00:16:05.240 --> 00:16:08.559 there is something wrong especially when what other reason would 262 00:16:08.559 --> 00:16:11.320 there be for an ankle monitoring. My question is did 263 00:16:11.320 --> 00:16:14.360 the jury know that it was an ankle monitor that 264 00:16:14.559 --> 00:16:15.039 was beeping? 265 00:16:15.519 --> 00:16:18.639 That's question number one. Question number two. 266 00:16:18.840 --> 00:16:23.919 If they did know that an ankle ankle monitor was beeping, 267 00:16:24.679 --> 00:16:30.240 is that enough to cross the threshold of prejudice against 268 00:16:31.080 --> 00:16:32.000 the defendant? 269 00:16:32.519 --> 00:16:35.200 And I'm guessing you know, it could go either way. 270 00:16:35.240 --> 00:16:38.080 It really depends on the appeals court, which you know, 271 00:16:38.120 --> 00:16:40.600 are they pro defendant are they pro prosecution. 272 00:16:41.440 --> 00:16:43.000 I am going to say. 273 00:16:42.799 --> 00:16:47.840 That the court said that it didn't cross the threshold, 274 00:16:48.720 --> 00:16:51.120 that it did not meet the level of. 275 00:16:51.399 --> 00:16:54.960 Prejudice that was necessary to undo the trial. That's my guess. 276 00:16:55.919 --> 00:17:00.000 I'll answer your first question. They all agree. Everybody agree 277 00:17:00.120 --> 00:17:05.079 read to proceed on the theory that the at least 278 00:17:05.119 --> 00:17:10.079 one juror heard the beeping and knew it was an 279 00:17:10.119 --> 00:17:10.920 ankle monitor. 280 00:17:11.160 --> 00:17:13.799 Okay, Now the crux of. 281 00:17:13.799 --> 00:17:18.319 The case is your second question, And so you youth, 282 00:17:18.359 --> 00:17:20.759 what do you The appeals court said that that I 283 00:17:20.839 --> 00:17:23.279 think crossed the line. 284 00:17:23.440 --> 00:17:26.200 I would say that it did not cross the line, 285 00:17:26.400 --> 00:17:30.559 and therefore the defendants case, she's not going to get 286 00:17:30.559 --> 00:17:31.160 a new trial. 287 00:17:33.039 --> 00:17:33.599 That's right. 288 00:17:33.759 --> 00:17:35.680 I think they said it a different way, but I 289 00:17:35.680 --> 00:17:37.640 think you're both saying the same thing. What they said 290 00:17:37.680 --> 00:17:42.920 is she could not show that there was any prejudicial effect. 291 00:17:42.519 --> 00:17:44.880 On her okay. 292 00:17:44.559 --> 00:17:47.839 Over over the possibility or the likelihood that a juror 293 00:17:47.960 --> 00:17:51.279 knew she was wearing an ankle monitor, and she does 294 00:17:51.359 --> 00:17:55.000 not get a new trial. Okay, all right, yeah, right, 295 00:17:55.039 --> 00:17:56.920 she got she got a lenient sentence. 296 00:17:56.960 --> 00:18:00.400 By the way, so because because of the argument come 297 00:18:00.400 --> 00:18:01.799 back or in general, she got a lien. 298 00:18:01.960 --> 00:18:03.880 No, no, no, she got a They had the trial, 299 00:18:03.960 --> 00:18:07.480 she was convicted, she got a lenient sentence, and then 300 00:18:07.559 --> 00:18:12.759 appealed on the ankle monitor beeping thing. Huh, Okay, it 301 00:18:12.839 --> 00:18:15.599 gets to keep her lenient sentence because it doesn't come 302 00:18:15.640 --> 00:18:17.720 back down to the judge who might feel like, hey, 303 00:18:18.079 --> 00:18:18.640 I did you. 304 00:18:18.599 --> 00:18:20.559 A solid, I did you two solids. 305 00:18:21.400 --> 00:18:24.519 I made them cut your ankle monitor off right away, 306 00:18:25.039 --> 00:18:27.480 and then I gave you a lenient sentence, and then 307 00:18:27.519 --> 00:18:29.359 you appeal and now you're back. 308 00:18:29.480 --> 00:18:31.880 But that didn't happen. Was there any argument? 309 00:18:31.960 --> 00:18:36.119 Did the judges the appeals court talk about the possibility 310 00:18:36.279 --> 00:18:40.079 that the jurors were under the impression that she had 311 00:18:40.119 --> 00:18:42.079 a smoke detector in her purse? 312 00:18:46.240 --> 00:18:46.359 Uh? 313 00:18:46.519 --> 00:18:49.440 No, that didn't that didn't come up? Okay, just wondering, 314 00:18:49.799 --> 00:18:50.960 Just want to stand the case. 315 00:18:50.799 --> 00:18:53.039 Again, just to see if I missed it though. All right, 316 00:18:53.400 --> 00:18:56.559 both of these cases involve an ankle monitor. Here's the case. 317 00:18:56.599 --> 00:19:00.319 It's very different than the last one. So this on 318 00:19:00.400 --> 00:19:03.319 trial for illegal gun possession, and one of his conditions 319 00:19:03.440 --> 00:19:07.200 is also that he wear an ankle monitor. Yet he 320 00:19:07.279 --> 00:19:12.240 is able to elude monitoring to go kill a rival. 321 00:19:14.079 --> 00:19:18.200 How could this have happened? You may ask yourself, Well, 322 00:19:19.279 --> 00:19:23.200 this gentleman has uh let me find it in the 323 00:19:23.400 --> 00:19:25.720 in the opinion, because it's funny the way. 324 00:19:25.599 --> 00:19:26.359 It's worded here. 325 00:19:26.400 --> 00:19:32.759 It is he has one natural leg and one removable 326 00:19:32.960 --> 00:19:34.279 prosthetic leg. 327 00:19:35.240 --> 00:19:40.640 And what do you think happened? He took off his leg. 328 00:19:41.000 --> 00:19:43.599 They put it on the wrong leg. They put it 329 00:19:43.640 --> 00:19:45.880 on his fake leg. And you're exactly right. He took 330 00:19:45.920 --> 00:19:48.559 off that fake leg, left it at his house. 331 00:19:49.200 --> 00:19:53.279 He has a spare, and he wasn't hopping, so he 332 00:19:53.319 --> 00:19:54.960 wasn't He didn't hop out of the house. 333 00:19:55.240 --> 00:19:56.279 No, he put on. 334 00:19:56.279 --> 00:19:58.039 His spare and he went to the part of town 335 00:19:58.119 --> 00:20:01.480 he was specifically forbidden to go to because his rival 336 00:20:01.640 --> 00:20:06.799 was there, and he killed his rival. So now the 337 00:20:06.920 --> 00:20:15.480 family is suing the United States government over this grievous error. 338 00:20:16.119 --> 00:20:19.440 Here's the thing you need to know. It was not 339 00:20:19.799 --> 00:20:23.480 any government employee that put the thing on the wrong leg. 340 00:20:23.599 --> 00:20:28.480 It was a contract company called Sentinel, and it was 341 00:20:28.519 --> 00:20:31.559 somebody at Sentinel that put it on the wrong leg. 342 00:20:32.000 --> 00:20:37.160 But the family is suing the United States government, and 343 00:20:37.319 --> 00:20:41.079 the government says, you can't sue us over this. Now, 344 00:20:41.119 --> 00:20:43.880 you might think it's just because you can't sue the 345 00:20:44.000 --> 00:20:47.720 US government. Normally, what do you have to have to 346 00:20:47.799 --> 00:20:53.440 sue the US government? Permission from the US government. That's 347 00:20:53.519 --> 00:20:56.079 normally how it works. They have to give you permission 348 00:20:56.119 --> 00:20:59.920 to sue them. There is an exception, though, and it's 349 00:21:00.079 --> 00:21:04.079 this Federal Tort Claims Act, where in certain circumstances you 350 00:21:04.119 --> 00:21:07.000 can sue the government, but you still can't sue them 351 00:21:07.839 --> 00:21:11.880 if the thing you're suing about was a discretionary act. 352 00:21:12.720 --> 00:21:15.440 You could sue them if they're doing something they have 353 00:21:15.559 --> 00:21:17.519 to do and they screw it up and you get hurt, 354 00:21:17.960 --> 00:21:20.480 but not if it's discretionary. So here's what you're gonna 355 00:21:20.519 --> 00:21:27.240 have to decide. They're suing the government. They're not suing Sentinel, 356 00:21:27.519 --> 00:21:30.599 the private company that contracted with the government. 357 00:21:30.799 --> 00:21:36.559 And the theory of the suit is negligent hiring. 358 00:21:37.880 --> 00:21:41.519 By hiring this company and entering into the contract, that 359 00:21:41.640 --> 00:21:47.279 the US government was negligent in the hiring of Sentinel. Wow, 360 00:21:48.079 --> 00:21:54.839 so here's the thing. The government says, that's a who 361 00:21:54.960 --> 00:22:00.880 to hire is a discretionary decision. We just side who 362 00:22:00.960 --> 00:22:04.519 to hire or contract with or who not to, So 363 00:22:04.680 --> 00:22:08.440 it's discretionary. You're not allowed to sue us for this. 364 00:22:09.480 --> 00:22:13.440 And the plaintiffs say, well, there's a lot of rules 365 00:22:13.440 --> 00:22:19.920 and regulations about government contracting. There's even the Federal Acquisition 366 00:22:20.160 --> 00:22:23.599 regulations that have all kinds of policies and procedures and 367 00:22:23.640 --> 00:22:26.720 stuff you got to do. So we say it's not 368 00:22:26.960 --> 00:22:31.200 discretionary because it's subject to so many rules. And the 369 00:22:31.359 --> 00:22:35.440 US government says, well, we say it's discretionary because there 370 00:22:35.480 --> 00:22:39.680 are a lot of rules, but the ultimate decision who 371 00:22:39.720 --> 00:22:42.480 to contract with is discretionary. 372 00:22:43.599 --> 00:22:44.839 It's interesting, say. 373 00:22:44.839 --> 00:22:49.960 Yeah, you, that's an interesting, interesting case in the sense 374 00:22:50.000 --> 00:22:52.680 that I wouldn't have even filed. I would have filed 375 00:22:53.279 --> 00:22:59.359 straight out. The screw up was the government because Sentinel 376 00:22:59.640 --> 00:23:04.119 is an agent agency rules applies here where you know, 377 00:23:04.240 --> 00:23:07.599 you hire someone and they screw up. They're doing it 378 00:23:07.640 --> 00:23:08.480 on your behalf. 379 00:23:09.319 --> 00:23:13.839 So I you know, that's where I would have gone. 380 00:23:14.359 --> 00:23:18.480 And as far as discretion and not discretion, is the 381 00:23:18.559 --> 00:23:23.000 court ordering ankle bracelet or an ankle monitor? 382 00:23:23.119 --> 00:23:25.319 Is that discretionary, Well it is on the judge. Was 383 00:23:25.319 --> 00:23:29.920 that taken into account? I don't know. I am guessing that. 384 00:23:30.240 --> 00:23:32.400 And again these are guesses because they're I mean, it's 385 00:23:32.440 --> 00:23:35.720 pretty close. As far as I'm concerned that the government's 386 00:23:35.839 --> 00:23:40.240 argument about the discretionary part is not going to fly 387 00:23:40.400 --> 00:23:43.839 because there's enough out there that puts the government at 388 00:23:43.960 --> 00:23:45.119 risk for being sued. 389 00:23:45.920 --> 00:23:47.319 That's where I would go on this one. 390 00:23:48.039 --> 00:23:50.640 As far as the other cause of action, I would 391 00:23:50.680 --> 00:23:52.759 have filed on that on that cause of action. 392 00:23:52.839 --> 00:23:54.200 But what did the appeals court say? 393 00:23:54.720 --> 00:23:58.880 Well, they said that there is still enough discretion in 394 00:23:59.000 --> 00:24:03.039 government hiring, in contracting, that who to hire is a 395 00:24:03.119 --> 00:24:06.519 discretionary act and therefore you cannot sue. 396 00:24:06.680 --> 00:24:07.880 Okay, So I got that one. 397 00:24:07.920 --> 00:24:12.319 You brought up some Once again, this happens, and people, folks, 398 00:24:13.400 --> 00:24:16.799 it's not something that happens constantly, but from time to time. 399 00:24:16.960 --> 00:24:22.480 Bill Handle is smarter than any of the judges or 400 00:24:22.680 --> 00:24:25.759 lawyers in these cases. And This is one of those 401 00:24:25.799 --> 00:24:30.440