WEBVTT 1 00:00:01.240 --> 00:00:05.080 You're listening to bill handle on demand from KFI AM 2 00:00:05.120 --> 00:00:05.960 six forty. 3 00:00:06.839 --> 00:00:10.919 KFI AM six forty bill handle here Monday morning, August 4 00:00:10.960 --> 00:00:14.679 twenty six. Well, that war, regional war in the mid 5 00:00:14.679 --> 00:00:18.800 East has calmed down a little tiny bit. Well, the 6 00:00:18.839 --> 00:00:21.160 war is not yet a massive war yet. And I 7 00:00:21.239 --> 00:00:25.839 explained that this morning at seven am. And you go 8 00:00:25.920 --> 00:00:29.320 back on demand and take a listen to that. And 9 00:00:29.559 --> 00:00:32.960 Kamala Harris bringing in a reported five hundred and forty 10 00:00:33.079 --> 00:00:35.880 million dollars since the launching of her campaign a month ago. 11 00:00:35.920 --> 00:00:39.560 It's pretty impressive. Trump has raised a reported one hundred 12 00:00:39.600 --> 00:00:44.159 and thirty eight million dollars. But Trump's campaign is mature. 13 00:00:45.079 --> 00:00:48.560 Kamala Harris is brand new, so you would think she 14 00:00:48.640 --> 00:00:52.799 would have this initial push. You've heard of Nimby not 15 00:00:52.840 --> 00:00:55.280 in my backyard. I'm going to give you a story 16 00:00:55.320 --> 00:01:00.439 of nim Free not in my front yard. And this 17 00:01:00.520 --> 00:01:04.159 is an LA Time story about Benjamin and Christine Granillo 18 00:01:05.200 --> 00:01:08.400 bought forty years ago a two point two five acre 19 00:01:08.439 --> 00:01:12.400 property in San Bernardino and what's going on in the 20 00:01:12.400 --> 00:01:18.599 neighborhood in Bloomington where they live. Developers are converting the 21 00:01:18.640 --> 00:01:23.719 ten Freeway and adjacent communities into a logistics corridor for 22 00:01:23.879 --> 00:01:29.680 the good ship into southern California, from ports into online shopping. 23 00:01:29.719 --> 00:01:33.599 We're talking about fulfillment centers. We're talking about these warehouses, 24 00:01:34.319 --> 00:01:39.920 warehouses two million square feet right there in Bloomington. They've 25 00:01:39.959 --> 00:01:44.959 already demolished one hundred and seventeen homes and yet another 26 00:01:45.000 --> 00:01:49.040 distribution center. Let me tell you, the Inland Empire is 27 00:01:49.079 --> 00:01:54.359 sort of a center for warehousing. It's unbelievable. So they 28 00:01:54.400 --> 00:01:56.120 decided they weren't going to sell their home to a 29 00:01:56.159 --> 00:02:02.159 developer most half and now looking out of their home 30 00:02:02.319 --> 00:02:05.120 instead of this view they have, they have a view 31 00:02:05.120 --> 00:02:08.199 now of rubble and there'll be a four hundred and 32 00:02:08.240 --> 00:02:12.319 eighty thousand square foot fulfillment center. Their street is going 33 00:02:12.400 --> 00:02:15.400 to become a truck route. Next door will be a 34 00:02:15.439 --> 00:02:18.360 parking lot with hundreds of truck and trailer stalls. And 35 00:02:18.400 --> 00:02:21.719 they didn't sell. Are they completely nuts? Yes they are. 36 00:02:22.639 --> 00:02:25.599 And here's what the City Council of Bloomington did with 37 00:02:25.680 --> 00:02:30.159 the supervisors. They voted to allow all of this to happen. 38 00:02:30.680 --> 00:02:33.560 And of course lawsuits are flying. These hundreds of homes 39 00:02:33.560 --> 00:02:37.479 will be destroyed, and the supervisor said, you know what, 40 00:02:37.919 --> 00:02:40.039 it's a small price to pay, as most of the 41 00:02:40.039 --> 00:02:42.199 cities say, you know why, we're going to get schools, 42 00:02:42.199 --> 00:02:46.319 We're going to get sewers, we are going to get infrastructure. 43 00:02:46.759 --> 00:02:50.360 When you hear about these developers coming in just grabbing 44 00:02:50.439 --> 00:02:58.120 land and putting up a big time density apartments, condos, malls. 45 00:02:58.520 --> 00:03:01.840 Today with developers have to do is they have to 46 00:03:01.879 --> 00:03:05.879 give so much to the city and the neighborhoods. It's 47 00:03:05.919 --> 00:03:08.759 completely insane. It used to be they would just put 48 00:03:08.800 --> 00:03:12.000 up a forty unit apartment building. That's it. They'd get 49 00:03:12.000 --> 00:03:14.000 the permit. It didn't matter what was happening next door 50 00:03:14.000 --> 00:03:16.560 if they got the zoning. Today you want to put 51 00:03:16.639 --> 00:03:19.840 up a forty story or a forty unit apartment building 52 00:03:19.960 --> 00:03:26.159 or condo project or in this case, massive warehouse facilities. Well, 53 00:03:26.319 --> 00:03:29.199 just to give you an idea of what they did. 54 00:03:29.520 --> 00:03:34.560 Just in Bloomington, right they have a two hundred and 55 00:03:34.560 --> 00:03:39.280 thirteen acre industrial park that is a business and they 56 00:03:39.319 --> 00:03:41.599 went in front of the San Bordino County supervisors who 57 00:03:41.680 --> 00:03:45.280 voted four zero to approve, by the way, several thousand 58 00:03:45.439 --> 00:03:49.560 jobs to Bloomington, which is majority Latino, twenty three thousand 59 00:03:49.639 --> 00:03:57.000 residents not rich, and what they're putting in infrastructure, new 60 00:03:57.039 --> 00:04:01.199 streets with traffic lights, sidewalks, a modern sewer system. Oh, 61 00:04:01.319 --> 00:04:04.960 let's talk about a modern school. Because there's a school 62 00:04:05.000 --> 00:04:08.280 right next door that's falling apart, has been put up 63 00:04:08.319 --> 00:04:10.479 there decades and decades ago. They say, we'll buy you 64 00:04:10.479 --> 00:04:14.319 a new school. Just do a land swap. We'll take 65 00:04:14.360 --> 00:04:19.160 the land from the district and we'll buy the land 66 00:04:19.199 --> 00:04:23.079 over there, and we'll build you a new school. They 67 00:04:23.120 --> 00:04:29.279 are spending tens well actually in this case, forty four 68 00:04:29.319 --> 00:04:32.319 and a half million dollars just to the school district 69 00:04:32.839 --> 00:04:36.160 for that school and the jobs. Let me tell you 70 00:04:36.240 --> 00:04:38.040 what developers have to do. You want to put that 71 00:04:38.079 --> 00:04:40.920 forty unit apartment building up, guess what you have to do? 72 00:04:42.439 --> 00:04:47.480 Green belts, improvements to the sewer system, so the entire 73 00:04:47.639 --> 00:04:51.439 area gets it. And so the lawsuits have been flying, 74 00:04:51.480 --> 00:04:54.720 and effectively what they're saying is, we want to keep 75 00:04:55.439 --> 00:04:57.759 our views, we want to keep our community, because this 76 00:04:57.839 --> 00:05:00.560 is going to bust up our community, and it is. Now. 77 00:05:00.560 --> 00:05:04.639 The question is where do you go, Nimby, Not in 78 00:05:04.680 --> 00:05:08.720 my backyard. Let's do it someplace else where, someplace else. 79 00:05:09.160 --> 00:05:15.000 How about San Bernardino is someplace else? Yet at the 80 00:05:15.040 --> 00:05:19.360 same time people live in San Bernardino. And so what's 81 00:05:19.399 --> 00:05:22.720 the answer. You know what, move out of San Bernardino 82 00:05:22.759 --> 00:05:26.120 and move to Beverly Hills. You won't have that problem. Oh, 83 00:05:26.160 --> 00:05:29.160 by the way, you probably could move to Beverly Hills 84 00:05:29.319 --> 00:05:33.759 because these developers, in this case, for example, you sell 85 00:05:33.839 --> 00:05:38.480 to them as those people did neighbors of the Grenillos. 86 00:05:39.480 --> 00:05:45.959 The developer buys houses from them, or for them in 87 00:05:46.000 --> 00:05:49.839 this case, or their neighbor. The neighbor gave up the 88 00:05:49.920 --> 00:05:53.560 land and in exchange what they got was a one 89 00:05:53.600 --> 00:05:56.079 point one to three million dollar piece of property. Their 90 00:05:56.079 --> 00:05:58.800 property was worth two hundred and fifty thousand, and the 91 00:05:58.839 --> 00:06:02.759 developer put up one point two million dollars for a 92 00:06:02.800 --> 00:06:07.639 home for them, completely paid for. That's the way it's 93 00:06:07.680 --> 00:06:12.399 going today because it is so difficult to get the 94 00:06:12.480 --> 00:06:16.120 zoning in exchange, this is what is demanded not only 95 00:06:16.160 --> 00:06:20.600 privately for neighbors, but also publicly for infrastructure for schools. 96 00:06:21.839 --> 00:06:24.879 And uh, what can I tell you? You know, I 97 00:06:25.120 --> 00:06:26.720 understand you don't want to live in a one point 98 00:06:26.759 --> 00:06:28.879 two million dollar home. You'd rather live in your home 99 00:06:28.959 --> 00:06:32.079 in the middle of Bloomington. Well, doesn't work that way. 100 00:06:33.439 --> 00:06:37.000 It's hey, that's the wave of the future. And so 101 00:06:37.000 --> 00:06:38.920 where are you gonna build it out? In the Mohave Desert? 102 00:06:38.959 --> 00:06:43.439 I guess so, oh wait a sec that's land that 103 00:06:43.759 --> 00:06:48.120 is restricted the Mohave Desert. Doesn't that protected land? I 104 00:06:48.160 --> 00:06:50.720 don't know where you go with this, but this makes 105 00:06:50.720 --> 00:06:54.720 sense to me as long it is it not in 106 00:06:54.759 --> 00:06:59.000 my backyard. I know that sounds a touch hypocritical because 107 00:06:59.000 --> 00:07:02.519 I am a hypocrite, But the bottom line is this 108 00:07:02.639 --> 00:07:06.279 actually makes a lot of sense. I mean, thousands of 109 00:07:06.360 --> 00:07:10.279 jobs versus a few hundred homes. Where do you go? Okay, 110 00:07:11.439 --> 00:07:13.959 we can fall Now. I've been in love. You've been 111 00:07:14.000 --> 00:07:18.759 in love and in love with whom, well, certainly your 112 00:07:18.839 --> 00:07:24.920 loved one, But animals you're in love with? Well, how 113 00:07:24.959 --> 00:07:30.319 about AI? And that's the problem. People are falling in 114 00:07:30.319 --> 00:07:34.439 love with. They're getting addicted to AI voices. Even open 115 00:07:34.480 --> 00:07:38.360 AI warns that this using the AI voice can be 116 00:07:38.639 --> 00:07:45.639 quote emotional reliance. This Seagull Samuel, senior reporter for Vox. 117 00:07:46.439 --> 00:07:53.959 Before joining Vox, she was a religion editor Atlantic and 118 00:07:54.000 --> 00:07:56.560 then said, this is our last day together. Now, let 119 00:07:56.639 --> 00:07:58.279 me ask you, she wasn't saying that to you. She 120 00:07:58.399 --> 00:08:02.720 was saying that to the software open Ai tested out 121 00:08:02.759 --> 00:08:07.959 GPT dash four oh latest generation. It speaks in its 122 00:08:08.040 --> 00:08:13.319 own voice, and users were forming an emotional relationship with 123 00:08:13.399 --> 00:08:17.279 what ai. I'm gonna tell you why. On the one hand, 124 00:08:17.480 --> 00:08:22.720 it is dangerous and on the other hand, if you 125 00:08:22.759 --> 00:08:26.079 look at it carefully, you're really falling in love with 126 00:08:26.160 --> 00:08:29.279 straight out a computer and it's not really real even 127 00:08:29.360 --> 00:08:36.720 though it seems real, okay, and open ai, even open 128 00:08:36.759 --> 00:08:41.000 ai thinks there's that risk of this emotional reliance. And 129 00:08:41.080 --> 00:08:44.480 open ai says the ability to complete tasks for the user, 130 00:08:44.799 --> 00:08:48.720 also storing and remembering key details and using those details 131 00:08:48.720 --> 00:08:54.000 in the conversation creates a compelling product experience and the 132 00:08:54.039 --> 00:08:58.120 potential for over reliance and dependence. In other words, we're 133 00:08:58.200 --> 00:09:02.879 doing a great job of basically fooling you into thinking 134 00:09:02.919 --> 00:09:06.919 you're a real talking to a real person, and that's 135 00:09:06.960 --> 00:09:10.960 our success. However, it could really hurt you. At least 136 00:09:10.960 --> 00:09:14.759 they're admitting it, and they're even giving you a warning, 137 00:09:14.799 --> 00:09:17.320 although they're moving balls to the wall ahead with this 138 00:09:20.279 --> 00:09:23.080 open Ai. The I'm talking about the companies that do this. 139 00:09:23.200 --> 00:09:26.759 Open Ai says, the ability to have a naturalistic this 140 00:09:26.840 --> 00:09:30.519 is a quote naturalistic conversation with the user may heighten 141 00:09:30.519 --> 00:09:35.519 the risk of anthromorphisation. I'm always get confused on that. 142 00:09:35.960 --> 00:09:38.559 And that's what we do that giving human like qualities. 143 00:09:38.960 --> 00:09:41.559 We do that to animals, you know, animals that talk 144 00:09:41.639 --> 00:09:45.360 during the commercials. Even Nemo the fish, when he talks 145 00:09:45.399 --> 00:09:49.720 to other fish, fish your friends, not food. Nemo really 146 00:09:49.759 --> 00:09:56.200 doesn't talk to other fish in English, although we connect 147 00:09:56.200 --> 00:09:59.799 with that. Isn't that cute? Right? 148 00:10:01.240 --> 00:10:04.159 Well, wilbur Hello, wilber. 149 00:10:05.519 --> 00:10:12.120 Mister ed the talking horse. So the problem is people 150 00:10:12.159 --> 00:10:15.879 are becoming so addicted to this stuff and it becomes 151 00:10:15.919 --> 00:10:19.399 so real because it used to be early on there 152 00:10:19.799 --> 00:10:22.720 was some kind of system, but it used your voice 153 00:10:22.759 --> 00:10:25.279 to come back and it was a little stilted, and 154 00:10:25.360 --> 00:10:29.039 you could really tell it was a computer or talking 155 00:10:29.080 --> 00:10:33.039 to you. Today, even a loved one, if you have 156 00:10:33.120 --> 00:10:37.960 a recording your dead relative, if you have a recording 157 00:10:38.000 --> 00:10:42.080 even a voice message left all of a sudden with AI, 158 00:10:42.879 --> 00:10:47.639 it can turn into having conversations with a loved one 159 00:10:47.879 --> 00:10:51.639 and that can be dangerous stuff. And as they tell you, 160 00:10:53.200 --> 00:10:57.240 this isn't real at all. What you're talking to is 161 00:10:57.279 --> 00:11:02.080 the machine that has just yet us And no, that's it. 162 00:11:02.080 --> 00:11:05.639 It's a binary system in the end, you're simply talking 163 00:11:05.679 --> 00:11:09.679 to a machine now, a very sophisticated machine that can 164 00:11:09.720 --> 00:11:16.320 mimic human voice, and with algorithms, can actually anticipate what 165 00:11:16.559 --> 00:11:20.919 someone would say based on the entire history of that someone, 166 00:11:21.039 --> 00:11:26.720 every picture, every phone call, every message left right, every 167 00:11:26.879 --> 00:11:32.240 written example, every letter that that person has ever produced. 168 00:11:32.759 --> 00:11:35.279 Putting all of that together, you now are talking to 169 00:11:35.320 --> 00:11:38.159 a computer that's as close to being real, and some 170 00:11:38.200 --> 00:11:41.000 people straight out fall in love with their AI computer 171 00:11:41.120 --> 00:11:46.200 straight out. Hey, what are you wearing tonight? Hey baby, 172 00:11:47.120 --> 00:11:52.440 how about going out tonight? See that that's what scares me? 173 00:11:54.120 --> 00:12:00.480 Your voice? No, No, that could be birth control. I remember, 174 00:12:00.559 --> 00:12:05.200 I remember, yeah, I remember having a conversation. This is 175 00:12:05.200 --> 00:12:08.759 what I'm frightened of is having a conversation from someone 176 00:12:08.879 --> 00:12:13.080 I met, you know, years and years ago, telling me, Hey, Bill, 177 00:12:14.000 --> 00:12:18.159 you're the best I ever had. Thank you for the 178 00:12:18.159 --> 00:12:23.240 two hundred dollars. Okay, I'm gonna leave it at that. 179 00:12:24.879 --> 00:12:27.360 If you didn't leave anything, you put it all on 180 00:12:27.440 --> 00:12:31.720 the table, you would leave something. 181 00:12:32.159 --> 00:12:34.639 Hey, Neil, what are you wearing now? This isn't me talking, 182 00:12:34.720 --> 00:12:39.360 This is a computer. Oh my god. Maybe how am 183 00:12:39.360 --> 00:12:43.639 I getting together after the show? All right, we're done. 184 00:12:45.120 --> 00:12:49.399 Let's move on. Okay, since it is a Monday, it 185 00:12:49.480 --> 00:12:52.039 is time for do they have a case with our 186 00:12:52.679 --> 00:12:55.360 guest and part of the show. Do I guess? Now? 187 00:12:55.360 --> 00:12:56.840 Do I actually use that word? You've been part of 188 00:12:56.840 --> 00:12:58.320 the show for so long, Wayne. 189 00:12:58.360 --> 00:13:00.879 Yes, sir, Plus we're going to be together next week, yeah, 190 00:13:01.120 --> 00:13:02.279 next day through Friday. 191 00:13:02.440 --> 00:13:06.960 Yep. Now right, Neil is filling in for Gary and Shannon. 192 00:13:07.000 --> 00:13:10.360 I believe, And so you're you're coming aboard, which is 193 00:13:10.720 --> 00:13:14.240 back to old times. You know it's I'm having terror 194 00:13:14.759 --> 00:13:15.799 dreams already about it. 195 00:13:17.440 --> 00:13:20.559 All right, all right, here we go. I just want 196 00:13:20.559 --> 00:13:22.440 to say before we get in this case, ladies, the 197 00:13:22.799 --> 00:13:25.279 guy who's the subject of this case does appear to 198 00:13:25.360 --> 00:13:30.720 be single, Von Davis. I want you to know something. 199 00:13:30.759 --> 00:13:30.919 Bill. 200 00:13:31.000 --> 00:13:33.000 You might think, why is he bringing up an old case? 201 00:13:33.120 --> 00:13:36.960 This is a brand new decision. However, the situation goes 202 00:13:37.039 --> 00:13:41.080 back forty years when Von Davis stabbed to death his 203 00:13:41.240 --> 00:13:45.159 wife and was convicted of second degree murder and went 204 00:13:45.240 --> 00:13:50.120 to prison, came out on parole and shot and killed 205 00:13:50.200 --> 00:13:54.879 his ex girlfriend. So he gets charged for that, and 206 00:13:55.080 --> 00:13:58.600 he decides instead of having a jury trial, he will 207 00:13:58.639 --> 00:14:01.519 waive a jury trial and he will be heard and 208 00:14:01.679 --> 00:14:05.799 sentenced by a three judge panel, which happens, and they 209 00:14:05.879 --> 00:14:10.240 give him the death penalty. Now he goes up on 210 00:14:10.320 --> 00:14:14.480 appeal and he says, you use some things as aggravating 211 00:14:14.559 --> 00:14:17.240 factors in giving me the death penalty that you shouldn't 212 00:14:17.279 --> 00:14:19.240 have used. And the appeals court said, that's right. Go 213 00:14:19.399 --> 00:14:21.759 do it again, you three judge panel. So they get 214 00:14:21.840 --> 00:14:23.919 him again and they go, okay, we will not consider 215 00:14:24.039 --> 00:14:26.679 those things, but we're still looking at the fact that 216 00:14:26.759 --> 00:14:29.120 you stabbed your wife to death before you shot your 217 00:14:29.159 --> 00:14:34.840 ex girlfriend. So death penalty again. He appeals again. This 218 00:14:35.120 --> 00:14:38.440 time he says, when you re sentenced me to death 219 00:14:38.519 --> 00:14:40.919 the second time, you did not take into account my 220 00:14:41.120 --> 00:14:44.080 prison adjustment. I was being a good boy in the prison. 221 00:14:44.519 --> 00:14:47.600 You didn't give it any weight. And an appeals court says, 222 00:14:47.879 --> 00:14:51.799 do it again. Now here's where we get to this case, 223 00:14:52.120 --> 00:14:54.320 because you can imagine how many years this took to 224 00:14:54.360 --> 00:14:58.919 get to this point. He comes back down. It's a 225 00:14:59.080 --> 00:15:03.360 different three j judges because the original three one of 226 00:15:03.399 --> 00:15:06.000 them passed away, two of them retired. Now it's three 227 00:15:06.080 --> 00:15:10.000 different judges. They look at it and they say, just 228 00:15:10.240 --> 00:15:13.840 the fact that you shot this woman after you'd been 229 00:15:13.919 --> 00:15:17.519 convicted of stabbing your wife to death is enough to 230 00:15:17.679 --> 00:15:21.600 give you, yes, sir, for the third time death penalty. 231 00:15:22.240 --> 00:15:28.720 Here's the complaint from him. Now, way back thirty whatever 232 00:15:28.879 --> 00:15:32.279 years ago, when I agreed to waive a jury and 233 00:15:32.480 --> 00:15:36.120 be dealt with by this three judge panel. I agreed 234 00:15:36.159 --> 00:15:38.759 to be dealt with by those three judges. You're not 235 00:15:38.960 --> 00:15:45.399 those three judges. A deal has been broken. I get 236 00:15:45.440 --> 00:15:47.480 another do over, or you have to throw out my 237 00:15:47.600 --> 00:15:51.559 whole case. And the government says the deal you made 238 00:15:51.799 --> 00:15:55.720 was not which three judges. There's no such thing as 239 00:15:55.840 --> 00:15:59.840 making a deal that only certain judges will deal with 240 00:15:59.919 --> 00:16:03.159 your case. That's not what the deal was. In fact, 241 00:16:03.240 --> 00:16:08.399 it wasn't even a deal. You unilaterally waived your jury 242 00:16:08.480 --> 00:16:11.720 trial in favor of three judge panel, which nobody could 243 00:16:11.720 --> 00:16:16.919 have stopped you from doing anyway. So does he again 244 00:16:17.159 --> 00:16:19.799 have a case or has he finally met the end 245 00:16:19.840 --> 00:16:20.320 of the rope? 246 00:16:20.639 --> 00:16:22.480 I think he has met the end of the rope, 247 00:16:22.480 --> 00:16:26.159 and it depends on the language of the appeals court 248 00:16:26.360 --> 00:16:32.679 decision and the language of remanding cases. When a case 249 00:16:32.840 --> 00:16:36.519 is sent down, when an appeals has been filed and 250 00:16:36.720 --> 00:16:41.200 the appeal is granted to the defendant, the court will 251 00:16:41.320 --> 00:16:45.600 send it down for example, another trial or another sentencing. 252 00:16:46.519 --> 00:16:49.440 And the question, and this is in this case, does 253 00:16:49.480 --> 00:16:54.039 it say it will be remanded to the court as 254 00:16:54.080 --> 00:16:57.639 opposed to it is remanded to that judge or that 255 00:16:57.919 --> 00:17:01.320 panel of the court. And I don't think that appeals 256 00:17:01.399 --> 00:17:04.759 Court said that. I don't think names were mentioned, and 257 00:17:04.839 --> 00:17:08.640 they normally don't. It is it goes to the court 258 00:17:09.559 --> 00:17:12.680 and the court said, And the fact that if it's 259 00:17:12.759 --> 00:17:17.319 a different judge, I don't think that matters, because judges 260 00:17:17.640 --> 00:17:23.160 are deemed non biased. It doesn't really matter who the 261 00:17:23.400 --> 00:17:27.720 judge is. It is the system that it prevails here, 262 00:17:28.279 --> 00:17:32.039 and the court met the requirements of the system. He's 263 00:17:32.079 --> 00:17:37.119 a loser and he goes down and he is going 264 00:17:37.240 --> 00:17:40.319 to get the death penalty, which means if this is California, 265 00:17:40.720 --> 00:17:43.960 it means absolutely nothing. As a matter of fact, I 266 00:17:44.079 --> 00:17:48.519 heard of defendants asking for the death penalty knowing that 267 00:17:48.599 --> 00:17:52.000 they weren't going to get fried or in this case, injected. 268 00:17:52.440 --> 00:17:55.359 It's because it's better food on death row. 269 00:17:57.119 --> 00:17:59.359 Yeah, and better conditions in a lot of ways. Well, 270 00:17:59.599 --> 00:18:03.720 so number one, you're right. Number two, serious question is 271 00:18:03.799 --> 00:18:08.559 somebody leaking these cases to you in advance because it's 272 00:18:08.599 --> 00:18:10.160 not just that you got it right. You get it 273 00:18:10.319 --> 00:18:13.519 right a lot, But the thing you said is specifically 274 00:18:13.640 --> 00:18:18.400 what they said. Judges are fungible. It is assumed that 275 00:18:18.640 --> 00:18:26.319 any judge is an unbiased, impartial, reasonably competent judge. That's 276 00:18:26.440 --> 00:18:29.400 why you can never have a dealer or an agreement 277 00:18:29.519 --> 00:18:32.440 that it will only be a certain judge. And can 278 00:18:32.519 --> 00:18:35.400 you imagine if that was the rule every single time 279 00:18:35.480 --> 00:18:37.920 somebody comes back on a remake and the original judge 280 00:18:38.000 --> 00:18:39.839 is not available, that's the end of their case and 281 00:18:39.880 --> 00:18:40.559 they get to walk. 282 00:18:41.160 --> 00:18:44.079 Yeah, it doesn't make any sense. And to answer your question, 283 00:18:44.559 --> 00:18:48.960 does someone leak the case to me? No, No one 284 00:18:49.079 --> 00:18:51.200 leaks the case to me. This is always a case 285 00:18:51.240 --> 00:18:54.359 to first impression where I've heard it for the first time, 286 00:18:54.480 --> 00:18:56.759 a legal term where the court hears it for the 287 00:18:56.839 --> 00:18:58.880 first time. I have heard it for the first time. 288 00:18:59.319 --> 00:19:01.559 Although I must tell you I do have a dartboard 289 00:19:02.799 --> 00:19:07.279 that and sometimes it works. 290 00:19:07.559 --> 00:19:08.480 It's lucky throws. 291 00:19:08.640 --> 00:19:08.839 Yes. 292 00:19:09.319 --> 00:19:11.240 Just to put a cap on what you said. If 293 00:19:11.240 --> 00:19:15.279 it was California, this is Ohio, and he's not going 294 00:19:15.359 --> 00:19:18.119 to get executed in Ohio anytime soon, because you may 295 00:19:18.160 --> 00:19:23.279 recall the governor suspended executions in Ohio, why while they 296 00:19:23.359 --> 00:19:25.359 deal with methods of execution, and. 297 00:19:25.640 --> 00:19:28.079 The same thing in California has not been eliminated, is 298 00:19:28.119 --> 00:19:33.119 simply on moratorium because of Gavin Newsom. And we'll see. 299 00:19:33.200 --> 00:19:35.319 Are they going to reinstitute it? I'm sure they're not. 300 00:19:35.519 --> 00:19:40.319 Although this Supreme Court is not going to hold it unconstitutional, 301 00:19:41.039 --> 00:19:44.200 it will not. There is no chance that it is 302 00:19:44.319 --> 00:19:47.160 under the Eighth Amendment cruel and unusual. As a matter 303 00:19:47.160 --> 00:19:51.079 of fact, they will uphold a traffic ticket that gets 304 00:19:51.160 --> 00:19:58.039 the death penalty. I am convinced of that. Okay, moving on, Wayne, all. 305 00:19:58.000 --> 00:19:59.880 Right, so you said a lot of these things geop 306 00:20:00.000 --> 00:20:02.559 political things have calmed down, but this woman has not 307 00:20:02.759 --> 00:20:06.359 calmed down from buying a bunch of guns. Here's what happened. 308 00:20:06.359 --> 00:20:07.839 And if you want to know how this can happen, 309 00:20:07.920 --> 00:20:11.160 when I tell you what happened, it's in Arizona. She 310 00:20:11.319 --> 00:20:14.359 shows up at a gun store and she's looking at guns, 311 00:20:14.759 --> 00:20:16.680 and while she's looking at guns, she's on the phone, 312 00:20:17.559 --> 00:20:19.880 and she's also taking pictures of some of the guns 313 00:20:20.279 --> 00:20:24.720 and sending them somewhere. And she ends up buying seven 314 00:20:25.039 --> 00:20:29.759 guns and fills out all the paperwork and off she goes, 315 00:20:29.839 --> 00:20:31.640 and she doesn't take the guns with her. She's gonna 316 00:20:31.720 --> 00:20:33.759 come back and pay for them or pay off the rest, 317 00:20:33.920 --> 00:20:36.319 puts it posit down anyway. She goes, and as soon 318 00:20:36.400 --> 00:20:38.519 as she leaves, the owner of the gun store calls 319 00:20:38.559 --> 00:20:41.079 the ATF and says, hey, man, I'm that was really 320 00:20:41.200 --> 00:20:45.119 sus I'm pretty sure this woman is a straw buyer. 321 00:20:45.440 --> 00:20:48.000 She's not buying the guns for herself. She's not the 322 00:20:48.119 --> 00:20:50.119 actual buyer of the guns. I don't know who is. 323 00:20:50.440 --> 00:20:52.279 I'm just saying you might want to take a look. 324 00:20:53.000 --> 00:20:56.839 So when she comes back to get the guns, the 325 00:20:56.920 --> 00:20:59.880 ATF agent is there and he says, hey, man, I'm 326 00:21:00.079 --> 00:21:02.720 really concerned that you buy these guns for somebody else. 327 00:21:03.279 --> 00:21:05.759 What do you have to say about it? She says, 328 00:21:05.839 --> 00:21:07.920 oh no, and he goes, hey, mind if I look 329 00:21:07.920 --> 00:21:10.680 at your phone, and like a dummy, she says sure, 330 00:21:11.079 --> 00:21:13.200 and he goes in there and he opens up WhatsApp 331 00:21:14.519 --> 00:21:17.079 and there's a bunch of messages between her and her 332 00:21:17.200 --> 00:21:21.599 convicted felon son, who is, as you know, not allowed 333 00:21:21.880 --> 00:21:25.440 to buy guns, about her buying all these guns for him. 334 00:21:26.319 --> 00:21:31.240 Boom busted. Now she goes up on appeal and says, 335 00:21:31.319 --> 00:21:33.839 you cannot convict me of making a false statement in 336 00:21:33.920 --> 00:21:36.359 the acquisition of a firearm. Here's why she's got two 337 00:21:36.480 --> 00:21:46.359 arguments argument. The first, criminalizing lying on an ATF form 338 00:21:47.000 --> 00:21:54.880 violates the Second Amendment. I have a right to put 339 00:21:55.000 --> 00:21:58.519 something on the form that I know is not true. 340 00:21:58.720 --> 00:22:00.880 You want to deal with that one for yeah, before 341 00:22:00.880 --> 00:22:01.799 we get to the other one. 342 00:22:01.960 --> 00:22:05.480 Yeah, that went far. I That, by the way, is 343 00:22:05.599 --> 00:22:08.960 very similar to a case where someone came in robbed 344 00:22:09.000 --> 00:22:12.480 the seven eleven with a gun and argued it is 345 00:22:12.599 --> 00:22:15.839 his Second Amendment right to walk into a seven eleven 346 00:22:16.000 --> 00:22:18.680 and put a gun to a clerk's head and ask 347 00:22:18.759 --> 00:22:21.960 for money. It's a Second Amendment right. That's akin to 348 00:22:22.039 --> 00:22:26.119 that one. Okay, So let's dismiss that one almost immediately. Okay. 349 00:22:26.240 --> 00:22:28.559 Now let's sake as well. Yeah, of course, all right, 350 00:22:28.640 --> 00:22:30.519 let's go on this number two. 351 00:22:31.880 --> 00:22:34.440 Okay. I mean, there's some creativity at play here, I 352 00:22:34.519 --> 00:22:37.279 will tell you. So the problem is, her son is 353 00:22:37.319 --> 00:22:41.319 a felon, can't have a gun. She bought the guns 354 00:22:41.359 --> 00:22:44.359 for her son, she lied on the form. Here's what 355 00:22:44.480 --> 00:22:52.519 she says. All right, the felon in possession statute is 356 00:22:52.759 --> 00:23:02.240 unconstitutional because it's unconstitutional. My son and actually is legally 357 00:23:02.480 --> 00:23:08.599 allowed to possess these guns. And therefore, when I lied 358 00:23:08.960 --> 00:23:11.839 and said I'm the buyer of the gun, even though 359 00:23:11.880 --> 00:23:17.279 that wasn't true, it's immterial because the person who really 360 00:23:17.480 --> 00:23:20.480 was buying them in essence is allowed to have them 361 00:23:21.160 --> 00:23:25.400 because the statute that forbids him is unconstitutional. 362 00:23:25.799 --> 00:23:30.000 Okay, well that's no, that's not just creativity, Okay, I mean, 363 00:23:30.079 --> 00:23:33.039 that's right into insanity. This is one of those where 364 00:23:33.079 --> 00:23:37.240 the courts, whichever judge or appeals court heard it, they 365 00:23:38.039 --> 00:23:41.319 go home, or they meet at the water cooler and go, 366 00:23:41.599 --> 00:23:45.920 guess which one I got today? This one is a doozy. 367 00:23:46.519 --> 00:23:49.279 And of course, the felon in possession of a gun, 368 00:23:49.559 --> 00:23:51.400 I don't know if it's ever even been attacked on 369 00:23:51.559 --> 00:23:54.559 constitutional grounds, frankly, because I don't know if what lawyer 370 00:23:54.559 --> 00:23:59.039 would ever make that argument, even a gun advocate, crazy 371 00:23:59.119 --> 00:24:03.359 gun owning lawyer would make that argument. So it was 372 00:24:03.839 --> 00:24:06.839 one of those I think it would have should have 373 00:24:06.880 --> 00:24:11.160 been dismissed with two words no, no, And that would 374 00:24:11.200 --> 00:24:15.039 be the case. So Wayne, don't tell me I'm wrong, 375 00:24:15.079 --> 00:24:16.960 because it's impossible for me to be wrong. 376 00:24:17.279 --> 00:24:20.960 Oh no, you are right, You are so right. And 377 00:24:21.079 --> 00:24:23.799 here's the best part of this. She comes up with 378 00:24:23.920 --> 00:24:27.480 this convoluted argument first to try to make the case 379 00:24:27.519 --> 00:24:30.319 that the kid is allowed to have guns because the 380 00:24:30.400 --> 00:24:35.000 statute that forbidsham is unconstitutional. Therefore it doesn't matter if 381 00:24:35.079 --> 00:24:37.839 she lied. But here's the crazy thing that she and 382 00:24:37.960 --> 00:24:40.599 her attorneys. In fact, I want to scroll back up 383 00:24:40.640 --> 00:24:45.880 and see if it says who her attorneys were, counsel 384 00:24:48.559 --> 00:24:54.960 Wendy Overmyer, oh from assistant Federal Public Defenders there. Okay, 385 00:24:55.319 --> 00:24:57.559 So here's the thing, and they should have known this. 386 00:24:58.279 --> 00:25:03.839 There's already a Supreme Court that says it doesn't matter 387 00:25:04.079 --> 00:25:09.599 if the real purchaser is allowed to own guns. Lying 388 00:25:09.759 --> 00:25:11.359 about it is material. 389 00:25:11.720 --> 00:25:13.240 It's lying on a federal form. 390 00:25:14.000 --> 00:25:19.240 The entire argument that she made was already foreclosed. 391 00:25:19.920 --> 00:25:23.000 Right, Okay, two easy ones you get. You threw me 392 00:25:23.039 --> 00:25:25.640 two easy ones today. Well, first one legal issue that 393 00:25:26.039 --> 00:25:28.279 should have been discussed and was second one. Thank you 394 00:25:28.400 --> 00:25:32.880 for that. You just added to my percentage of right decisions. 395 00:25:32.920 --> 00:25:35.680 All right, we're done and I will catch you next 396 00:25:35.720 --> 00:25:38.640 toe you next week, yeah, Monday and throughout the rest 397 00:25:38.680 --> 00:25:40.799 of the week. All right, we're done, guys, coming up tomorrow. 398 00:25:41.039 --> 00:25:44.759 It is Amy at five am with a wake up 399 00:25:44.839 --> 00:25:48.559 call and comes back. Thanks Michelle for hanging out twenty 400 00:25:48.640 --> 00:25:50.279 six years on this show and she had to come 401 00:25:50.319 --> 00:25:54.279