Speaker 1: This is Dan Caplis and welcome to today's online podcast
Speaker 1: edition of The Dan Caplis Show. Please be sure to
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Speaker 1: single day on your favorite podcast platform.
Speaker 2: Hey, welcome to The Dan Caplis Show.
Speaker 3: It's not me Dan, it's me George Brockler, also a
Speaker 3: two time buff undergrad and law school thrilled to be
Speaker 3: sitting in for Dan. He's actually doing what lawyers do,
Speaker 3: at least the good ones, and that is go to trial.
Speaker 2: Lots of news going on today. I am honored.
Speaker 3: I have heard this guy interviewed on Dan's show multiple times.
Speaker 3: I am thrilled to be able to talk to another
Speaker 3: former prosecutor of such great repute, and that is Andy
Speaker 3: McCarthy of National Review and a Fox News contributor, former
Speaker 3: federal guy out of the Southern District of New York.
Speaker 2: Sir sir, thanks for joining.
Speaker 4: Us, George. It's my pleasure.
Speaker 2: I want to get to.
Speaker 3: The biggest news of the last twenty four hours, and
Speaker 3: you're a guy from the Bronx, so you'll appreciate this.
Speaker 2: Juan Soto, what happened there.
Speaker 4: Well, you know, I have mixed feelings about this. Obviously,
Speaker 4: I'm thrilled that the Mets got such a good player,
Speaker 4: but kind of sad about what's happened to baseball. And
Speaker 4: as a as a lifelong Mets fan, I'm a little
Speaker 4: bit older than they are. I kind of like my
Speaker 4: old sort of lovable underdog Mets, and I think they've
Speaker 4: shed that, you know now that they're going to spend
Speaker 4: in the deep end of the pool with the you know,
Speaker 4: the big guys that kind of shed that identity.
Speaker 3: Well, we'll have to touch base with you back when
Speaker 3: they're in the playoffs next year and see how you
Speaker 3: feel about that. Right there, I'll say this as a
Speaker 3: lifelong Yankees fan born on Staten Island, my dad grew
Speaker 3: up in the city. Screw you Mets fans, That's really
Speaker 3: how I feel, because I want the Juan Soto out
Speaker 3: there in right field, but that's not to be. So
Speaker 3: we'll have to figure out a way to get Judge
Speaker 3: on track for the postseason, because he's a killer in
Speaker 3: the regular season. Nonetheless, let's get to the two big
Speaker 3: stories of the day if we could. And you're right there,
Speaker 3: you're at the epicenter man for both of these things,
Speaker 3: and that is Daniel Penny.
Speaker 2: As you know, Daniel Penny.
Speaker 3: Was the guy who's being prosecuted by the Manhattan DIA's office,
Speaker 3: I believe, for the death of a guy on a
Speaker 3: subway train. He was acquitted of all the lesser charges
Speaker 3: that the jury hadn't hung on. But what's your sense
Speaker 3: of all this stuff that's gone on out there, what's
Speaker 3: the feedback that you're seeing.
Speaker 4: Well, it's really awful that they brought the case in
Speaker 4: the first place, because the guy was heroic. He intervened
Speaker 4: in a situation where it required some courage to do
Speaker 4: that against somebody who was not only menacing people on
Speaker 4: the train, but who we afterwards found out had a
Speaker 4: significant criminal record. It'd just come out of a Rikers
Speaker 4: Island after doing a stint for punching an old woman
Speaker 4: and in the face and breaking some bones in her face.
Speaker 4: So this is a bad guy. This was not an
Speaker 4: abstract threat. This was very real. It was very real
Speaker 4: to the passengers on that train. And I think just
Speaker 4: by bringing a case like this under the circumstances that
Speaker 4: obtained the message to good people who are valorous and
Speaker 4: would be willing to intervene on behalf of vulnerable people
Speaker 4: is don't you dare or at least think twice about
Speaker 4: doing that? And that's a dangerous thing in a city
Speaker 4: of nine million people where we have fewer than thirty
Speaker 4: four thousand police, and most rhymes are committed with the
Speaker 4: police not on the scene. So I think it's very
Speaker 4: irresponsible for Alvin Bragg, the progressive elected Democratic district attorney
Speaker 4: in Manhattan, to have brought the case, and he brought
Speaker 4: it in a really cynical way. Even if you think
Speaker 4: Penny should have been prosecuted, it's at most a negligent
Speaker 4: homicide case, but he brought it as mainly a reckless
Speaker 4: homicide or manslaughter case in order to try to improve
Speaker 4: his odds of getting a conviction. And the other thing
Speaker 4: they did was to racialize it so that the prosecutors
Speaker 4: kept calling him, you know, the white man and the
Speaker 4: white defendant, under circumstances where race didn't have anything to
Speaker 4: do with it with it, there was no evidence that
Speaker 4: he was at all motivated by bigotry in any way,
Speaker 4: and many of the people that he protected on the
Speaker 4: train were black passengers who turned out to be some
Speaker 4: of the best witnesses in the case for him.
Speaker 3: We're talking with Andrew McCarthy from National Review and Fox
Speaker 3: New's former big time federal prosecutor. Do you know the
Speaker 3: racial composition, Andy, of that jury that acquitted.
Speaker 4: Him, I don't. I know that it was. I know
Speaker 4: that it was seven women and five I have men.
Speaker 4: I don't recall if I if I saw the racial
Speaker 4: composition at some point, I don't remember it. But I
Speaker 4: think it's important to note that, even though I'm saying
Speaker 4: that Bragg brought it it kind of racialized that I
Speaker 4: regard this, and maybe this is because, as you pointed out,
Speaker 4: I grew up in the Bronx and I'm you know,
Speaker 4: I'm a New York City person. I regard this as
Speaker 4: ideological more than racial, in the sense that my experience
Speaker 4: as a prosecutor and as someone living in the city
Speaker 4: is that black people in general are not motivated or
Speaker 4: you know, persuaded any more than anyone else's by those
Speaker 4: kinds of arguments. But I think ideological lefties are, and
Speaker 4: that tends to be a very different racial makeup than
Speaker 4: you might think.
Speaker 3: Last question on this before we move on to the
Speaker 3: murder of the United CEO Alvin now had already had
Speaker 3: an elevated profile beyond the Manhattan DIA's office as it
Speaker 3: normally would, based on his tortured prosecution of Donald Trump
Speaker 3: for those misdemeanors they stretched out into felonies to beat
Speaker 3: the statute of limitations. And now that there's this, now
Speaker 3: you grew up there.
Speaker 2: Do you get the.
Speaker 3: Sense in New York that the Manhattan DA's office has
Speaker 3: a tarnished reputation as a result of these things? Or
Speaker 3: do people just shrug and move on and go big apple?
Speaker 4: You know, you have to. I found it was necessary
Speaker 4: to keep doing this in the case against against President
Speaker 4: Trump too, because people would look at that and may
Speaker 4: be really outraged by you know, what a farce it was.
Speaker 4: And I think what we have to remember is this
Speaker 4: is Manhattan. Alvin Bragg's political base got him elected there.
Speaker 4: He was not like someone who's appointed.
Speaker 2: He was elected.
Speaker 4: These races throughout the country, these DA races in these
Speaker 4: blue one party cities, you know, they tend to be
Speaker 4: small turnout affairs, and progressives mobilize and they get there,
Speaker 4: you know, they out spend the other side and they
Speaker 4: get their people in. But you know, Manhattan, even though
Speaker 4: there were improvements for Republicans in the out of boroughs
Speaker 4: in the In the recent election, I think Manhattan went
Speaker 4: sixty five percent or sixty five points rather for Harris.
Speaker 4: She won Manhattan Bay sixty five points. And there was
Speaker 4: a pall about two weeks ago that said that Bragg
Speaker 4: was favored to be re elected. So I don't think
Speaker 4: we can we can say that the national judgment of
Speaker 4: what goes on in Manhattan is necessarily reflected in what
Speaker 4: Manhattanites think.
Speaker 3: Shifting gears to the other big breaking news of the
Speaker 3: day and proving out a theorem that I've long held
Speaker 3: that beating in the chest of every IVY school graduate
Speaker 3: is the potential for a cold blooded murderer. Luigi Mangioni
Speaker 3: was grabbed up in Altoona, Pennsylvania in a McDonald's andy.
Speaker 2: Didn't you go to an Ivy League school? Anyway?
Speaker 4: I did. But you know, when you started to speak,
Speaker 4: I thought you were saying that you and me were
Speaker 4: going to be able to beat on somebody's chest.
Speaker 3: For Luigi MANNGIONI give us your take on what's unfolded
Speaker 3: here and what's next.
Speaker 4: Well, you know it's a radical leftist Apparently, as we
Speaker 4: speak unless i've unless something's changed that. I don't think
Speaker 4: he's been charged at this point, but it's certainly, you know,
Speaker 4: all indications are that he will be according to the reporting.
Speaker 4: I think the left obviously has a violence problem. All
Speaker 4: kidding aside about the IVY League in the campus in
Speaker 4: the United States, the campus has a problem. I did
Speaker 4: terrorism cases back in the nineties. Almost every radical movement
Speaker 4: of consequence begins on the campus. I mean that just
Speaker 4: it seems to be a commonality when you look at
Speaker 4: radical groups. That's where those ideas incubate. And I think
Speaker 4: when you ask what happens next to me, what would
Speaker 4: be interesting is whether the federal prosecutors at my old
Speaker 4: haunts in the Southern District of New York are trying
Speaker 4: to think about whether there's a federal theory of charging
Speaker 4: this guy in order to get the case away from Bragg.
Speaker 4: You know, the question is can Bragg be trusted to
Speaker 4: do a case against a radical leftist who apparently, you know,
Speaker 4: took direct action, as they like to say, against somebody
Speaker 4: from the oppressor class.
Speaker 3: You bring up a great point, and that is whether
Speaker 3: or not there's a federal hook here. I'd love to
Speaker 3: know your thoughts on that, but for another reason too,
Speaker 3: not just to get it away from a highly politicized
Speaker 3: district attorney's office. And I think we've seen that with
Speaker 3: these last two cases. But there's no death penalty in
Speaker 3: New York. I think you guys had it for a
Speaker 3: cup of coffee in the nineties or something like that.
Speaker 2: But is there a hook for the Feds?
Speaker 3: And if there were, is there a capital aggravator that
Speaker 3: would exist here?
Speaker 4: I don't think it would be a capital case. What
Speaker 4: I've looked at is the Travel Act, which you see
Speaker 4: in a lot of organized crime cases, where it's basically
Speaker 4: if somebody travels or otherwise uses facilities in interstate commerce
Speaker 4: because you have to have a federal jurisdictional hook, and
Speaker 4: then commits a crime of violence, including murder, with the
Speaker 4: intention of furthering another crime, like like a Rico conspiracy
Speaker 4: or something like that. If death results, the maximum penalty
Speaker 4: is any term of years or life, which is a
Speaker 4: very significant penalty and probably would exceed what you would
Speaker 4: get in New York. The thing is, as you can
Speaker 4: tell the way I describe it, my default setting is
Speaker 4: that murder is a state crime and it ought to
Speaker 4: be handled by the state and these federal cases. You know,
Speaker 4: I had a I had an attempted murder case one
Speaker 4: time where the jury hung them. Is a terrible case.
Speaker 4: And when we talked to them afterwards, one of the
Speaker 4: things that puzzled them was why on earth we were
Speaker 4: talking about interstate commerce when you know a guy would
Speaker 4: put on try to murder a police officer. So you know,
Speaker 4: it's complicated to do these federal cases, and it would
Speaker 4: be a lot more straightforward and probably a lot better
Speaker 4: if you could just trust that the DA would do
Speaker 4: his job.
Speaker 2: But yeah, mend that.
Speaker 3: Andrew McCarthy, joy talking you man. Honored to talk with you.
Speaker 3: I hope I get a chance to do it again.
Speaker 3: Thank you so much for your time.
Speaker 4: Thanks Jrege, it was my pleasure.
Speaker 2: Hey, listen, we're going to come back from this. What
Speaker 2: did you hear there from Andrew McCarthy.
Speaker 3: I'd really like to know what you think about the
Speaker 3: Alvin Bragg DA's office and should they be entrusted to
Speaker 3: handle this prosecution of this left wing extremist if in
Speaker 3: fact he ends up getting charged with murder spoiler alert,
Speaker 3: I think that he will.
Speaker 2: We'll talk more about that.
Speaker 3: Give us a call it eight fi five four zero
Speaker 3: five eighty two fifty five five four zero five eight
Speaker 3: two five five. You can also text us at d
Speaker 3: A n at five seven seven three nine filling in
Speaker 3: for the big guy on the Dan Kapla Show.
Speaker 2: It's George Brockler six thirty KHW.
Speaker 5: And now back to the dan Kapla Show podcast.
Speaker 3: Good Lord, that is uh not the murderer Mangioni, that
Speaker 3: is the other one, Chuck Mangioni with the flugelhorn. Yeah,
Speaker 3: I still believe, still going strong at eighty four years
Speaker 3: of age.
Speaker 2: Buddy, that's really impressive.
Speaker 3: I don't know even know if well, we kind of
Speaker 3: joked off air like could this guy be related to him?
Speaker 2: I think the answer is no.
Speaker 5: But it's not a common name.
Speaker 2: I don't know.
Speaker 3: This kid apparently is a rich kid by the way
Speaker 3: he went to. I looked at some stuff online and
Speaker 3: this Luigi Mangioni, who is looks like he's a pretty
Speaker 3: good for the murder of the CEO of United Healthcare
Speaker 3: out there in New York about a week ago, now,
Speaker 3: coming up on a week ago. He apparently went to
Speaker 3: some forty thousand dollars a year grade school, high school,
Speaker 3: all this other stuff went to you, Penn, which I
Speaker 3: should point out one of the best business schools in
Speaker 3: the country called Wharton School of Business.
Speaker 2: Guess who's a graduate of that, Donald Trump? That's it.
Speaker 3: DJT is the man for that, Hey, George Brockler filling
Speaker 3: in for Dan caplis Dan doing what the great attorneys do,
Speaker 3: and that is to go to court and try cases
Speaker 3: on behalf.
Speaker 2: Of their clients. I miss it, man.
Speaker 3: I'm hoping to get back into it next year when
Speaker 3: I take over in the twenty third. But I get
Speaker 3: to be here in the seat right now. Thrilled to
Speaker 3: have talked with Andrew McCarthy, former big time federal prosecutor
Speaker 3: in the Southern District of New York that's maybe one
Speaker 3: of the most trial going prosecution offices in the federal
Speaker 3: DOJ system. And then of course now he's National Review
Speaker 3: in Fox and he talked to us about both Daniel
Speaker 3: Penny and Luigi MANGIONI. We've got a phone line, you
Speaker 3: can call it and we can have a conversation about them.
Speaker 3: Eight five five four zero five eighty two fifty five
Speaker 3: eight five five four zero five eight two five five.
Speaker 3: So many issues one should Alvin Bragg be entrusted to
Speaker 3: try this case, you know, Anny McCarthy said, and I
Speaker 3: agree with him.
Speaker 2: Murder is a state crime.
Speaker 3: But in this case, you've got a dude who just
Speaker 3: got punched in the professional jewels earlier today with an
Speaker 3: acquittal for Daniel Penny, who he had illadvisedly gone over
Speaker 3: the top in prosecution for him for the death of
Speaker 3: the guy that was going nuts on that subway train
Speaker 3: a couple of years ago. And prior to that, he
Speaker 3: tortured a bunch of misdemeanors, stretched them out to make
Speaker 3: them something that they warn't, to extend the statue of
Speaker 3: limitations to go after President Trump on something that would
Speaker 3: go largely unprosecuted for anybody else. And now he's got
Speaker 3: this land.
Speaker 2: In his lap.
Speaker 3: Should the system be trusted or should the Feds, as
Speaker 3: Andrew McCarthy point out, find a federal hook to grab
Speaker 3: that case and make it federal. That's a tough one
Speaker 3: eight five five four zero five eighty two fifty five
Speaker 3: eight five five four zero five eight two five five.
Speaker 3: Going right to the phone lines right now, someone whose
Speaker 3: name appears.
Speaker 2: To be A Leiksay, is it e Leiksay Online? One.
Speaker 6: It is a leaks say elik, say thanks three hundred
Speaker 6: eleven bays, mister Brockler, since I was last.
Speaker 2: On the air. Yes, how do you know that stuff?
Speaker 3: Because even when I had my own show, you would
Speaker 3: call up and say, the last time you burped on
Speaker 3: air was April to twelveth You know what I mean,
Speaker 3: like you would know stuff like that. How do you
Speaker 3: know that?
Speaker 6: I just I have a weird memory. So what can
Speaker 6: I say?
Speaker 2: I don't know.
Speaker 3: I feel like I feel like I want to get
Speaker 3: matching suits and go to Vegas with you, have us
Speaker 3: come down and escalator together, and you could be my
Speaker 3: rain man.
Speaker 6: You know, there you go, there you go. We can
Speaker 6: make a little bit of money. But hey, are you
Speaker 6: going to be like Alvin Bragg and your new role?
Speaker 6: If you know you're going to have a driver, probably
Speaker 6: want to chief suburban Security team and you know all
Speaker 6: the staxes cash like Sannie Willis.
Speaker 3: Well, the sacks of cash, yes, but everything else. No, listen,
Speaker 3: this is actually an East Coast thing. I had a
Speaker 3: public information officer in my first year in my first
Speaker 3: term in office, going back to twenty thirteen.
Speaker 2: And she had asked the same question.
Speaker 3: She's like, well, hey, aren't you going to get a driver?
Speaker 3: And like a suburban and the driver is usually a
Speaker 3: senior sergeant with the police department. I'm like, whoa, whoa, sister,
Speaker 3: you're in the state of Colorado like that. You've got
Speaker 3: to be the governor or an overinflated attorney general to
Speaker 3: do something like that. And by the way, our attorney
Speaker 3: general has a driver, which is insane, or at least
Speaker 3: that's the last time I saw me had a driver.
Speaker 3: But no that I like to drive myself, and frankly,
Speaker 3: I like to pack my own heat. I don't like
Speaker 3: to have someone else take responsibility for me. Hey, when
Speaker 3: you listen to Andrew McCarthy, and I know that you
Speaker 3: do a deep dive on all of these things because
Speaker 3: I've talked to you before, obviously seeing you off the
Speaker 3: radio as well. You're well read what is going on
Speaker 3: here with the Daniel Penny case.
Speaker 2: And then when you.
Speaker 3: Look broader and you step back and you look at
Speaker 3: what took place on the streets of New York, same
Speaker 3: jurisdiction with this Louisy Luigiman, Giona guy.
Speaker 2: What's going on?
Speaker 6: It is so political. I'm a Daniel Penny and the
Speaker 6: same prosecutor also had taken a case where a guy
Speaker 6: had gone to rob an old guy at the HTM.
Speaker 6: The old guy ends up dying. It was an accident,
Speaker 6: and she Pretzel twisted it to. You know out here,
Speaker 6: let's give you a slap on the wrist and a
Speaker 6: candy bar. We won't call it murder, and then they
Speaker 6: can know the opposite way, depending on if they like
Speaker 6: you politically or not, which is completely wrong. I'm saying
Speaker 6: with Alvin Bragg, I would not trust him.
Speaker 2: Alexa, I thank you. You speak for everyone.
Speaker 3: If you hear that music, you know that Ryan's about
Speaker 3: to push me off the air, and with good reason.
Speaker 2: Alexa, thanks for the call.
Speaker 3: Always good to have you, Phillip Alexi's line, would you
Speaker 3: eight five five four zero five eighty two fifty five.
Speaker 3: George Brockler filling in for the big Man, Dan Caplis.
Speaker 3: Back right after this.
Speaker 5: You're listening to the Dan Kaplis Show podcast.
Speaker 3: George Brockler filling in for Dan Caplis. He is in
Speaker 3: the court. I am here in the studio with Ryan
Speaker 3: and Kelly and listen. Big big news today all over
Speaker 3: the place coming out of New York, though in particular
Speaker 3: one the acquittal of Daniel Penny for that really another
Speaker 3: attempted miscarriage of justice by Alvin Bragg, the elected district
Speaker 3: attorney in Manhattan, who went after this guy for his
Speaker 3: freedom and more for his heroic efforts to try to
Speaker 3: protect the innocent bystanders inside of a subway train. This
Speaker 3: one did have incredible and I know Anny McCarthy, who
Speaker 3: was on with us at the top of the hour, said,
Speaker 3: I don't think it's I don't think it's racial as
Speaker 3: much as ideological.
Speaker 2: I think that's probably true.
Speaker 3: But the racial piece fits into the ideology right, And
Speaker 3: that is because if this was Daniel Penny who had
Speaker 3: defended the people inside the subway train from a deranged,
Speaker 3: maniacal white guy, I don't think this thing even ends
Speaker 3: up inside of a courtroom, so there is a racial
Speaker 3: component to it.
Speaker 2: But I do think it's ideological.
Speaker 3: But at this point, you know, Alvin Bragg, can he
Speaker 3: be trusted to handle the second big thing that happened today,
Speaker 3: and that is the case of a guy named Luigi
Speaker 3: Mangioni who was grabbed up in a McDonald's. By the way,
Speaker 3: whoever this worker was at McDonald's that I did, this
Speaker 3: guy man. That's got to be like free happy mails
Speaker 3: and supersize for life or something, because this.
Speaker 2: Guy was huge.
Speaker 3: Luigi Mangioni not accused of anything other than a weapons
Speaker 3: crime at this time, twenty six year old Ivy League
Speaker 3: graduate grew up.
Speaker 2: It looks like.
Speaker 3: From a position of privilege, going to schools that cost
Speaker 3: a ton of money every year. He graduated from Penn,
Speaker 3: big time Ivy League school. He had on him a
Speaker 3: three deep printed firearm plus a suppressor. Now I've seen
Speaker 3: people put silencer as you know, a suppressor. And he
Speaker 3: gets grabbed up in this McDonald's. This guy presumably is
Speaker 3: going to be taken back to Manhattan and he's going
Speaker 3: to presumably be charged with the murder of Brian Thompson. Now,
Speaker 3: if you haven't heard the name Brian Thompson, it's because
Speaker 3: he's largely been described only as the United CEO, which
Speaker 3: is true, the United Healthcare CEO.
Speaker 2: That's true.
Speaker 3: But this guy is a one hundred percent innocent victim,
Speaker 3: right father of two, married, although I think he lived
Speaker 3: separately from his wife for a bit, but nonetheless not
Speaker 3: deserving of being shot by any stretch of any legal
Speaker 3: or moral imagination. But that's not how this Luigi Mangioni
Speaker 3: guy saw it.
Speaker 2: And so the issue here is whether or not.
Speaker 3: Alvin Brad can be trusted to prosecute this case. And
Speaker 3: the other thing I asked Ryan off the air was
Speaker 3: this three D printed gun. You know, there's been real
Speaker 3: activity here in the state of Colorado to try to
Speaker 3: grab up the issue of homemade guns. Three D guns
Speaker 3: that sort of beat the system, right, no serial numbers,
Speaker 3: So we pass all that says you have to get
Speaker 3: them serialized for purposes of identification if they're ever used
Speaker 3: in a crime, and ownership and transfer and all this
Speaker 3: other stuff. And so now we've seen it used here
Speaker 3: in this big time crime. And so if you are
Speaker 3: a gun control person, you look at this and say,
Speaker 3: this is exactly why we have to do it. If
Speaker 3: you are a Second Amendment person, you say, this is
Speaker 3: exactly why no law could ever work on it.
Speaker 2: Right. This is proof that.
Speaker 3: A law demanding that three D printed guns be serialized
Speaker 3: cannot prevent three D guns from being generated or put
Speaker 3: into the hands of someone who, by the way, by
Speaker 3: all accounts clean criminal history, would have passed any background check.
Speaker 3: This was clearly done for purposes of trying to beat
Speaker 3: the system and avoid responsibility. I just wonder how that
Speaker 3: impacts you. Is this just proof that there's no way
Speaker 3: to regulate firearms beyond the are you criminally insane and
Speaker 3: it's on a database? And are you a convicted felon
Speaker 3: and it's on a database. Keep in mind, by the way,
Speaker 3: in the state of Colorado, thanks to the efforts in
Speaker 3: part of our Attorney General Phil Wiser, and I feel
Speaker 3: like there has to be a disclaimer Ryan every time
Speaker 3: I say this. I did lose to Phil in twenty
Speaker 3: eighteen for Attorney General, but because of Phil's efforts, there
Speaker 3: have been tens of thousands of convicted felons in the
Speaker 3: state of Colorado who are now allowed to be re armed,
Speaker 3: so this wouldn't even apply to them as well. But
Speaker 3: the question here is can Alvin Bragg be trusted to
Speaker 3: prosecute this case again? Should the FEDS get involved in this,
Speaker 3: especially the FEDS that are going to be helmed by
Speaker 3: likely Pam Bondi, the Attorney General, and whoever their hand
Speaker 3: picked US attorneys who make it through Senate confirmation are.
Speaker 2: In the coming year. Who should handle this case and why.
Speaker 3: Eight five point five four zero five eighty two fifty five,
Speaker 3: so many other questions I have, Like you know, we
Speaker 3: look at the cases where the younger people walk into
Speaker 3: the schools and commit the mass shootings, and we look
Speaker 3: at can we prosecute the parents? Could the parents have
Speaker 3: some how done something to prevent this from happening, or
Speaker 3: did they do something to facilitate what happened. That's what
Speaker 3: we saw with the Crumley's right out of Michigan. That's
Speaker 3: what we saw with their sons. Now this guy's different.
Speaker 3: He's twenty six years old, he's an adult, he's a
Speaker 3: graduate with an engineering degree out of PEN I get
Speaker 3: all that. But when we're talking about responsibility and doing
Speaker 3: a deep dive of post mortem, if you will, on this,
Speaker 3: is there some responsibility that should be heaped upon. I
Speaker 3: don't know about the parents here, but about an educational
Speaker 3: system that not only arms these young men and women
Speaker 3: with these crazy ideas of what justice is, but encourages
Speaker 3: them to think in terms of if you have the
Speaker 3: moral high ground on your issue, whether it's global warming
Speaker 3: or protecting the animals or the Palestinian the Humma, whatever
Speaker 3: it is, that if you can claim the moral high ground,
Speaker 3: anything you do in defense of that is justifiable. Ryan
Speaker 3: off Air said it, Man, it's Nicolo Machiavelli. It's to
Speaker 3: the ends, justify the means. And if that's what's going
Speaker 3: on in education today, is there some responsibility? And I
Speaker 3: don't mean that they're going to be drug into court
Speaker 3: and be sent to prison. Just shouldn't we know this?
Speaker 3: Shouldn't we try to understand this shooter? This would be shooter.
Speaker 3: He is a shooter, but he hasn't been accused of
Speaker 3: yet whether or not his thought process was the product
Speaker 3: of an elitist, liberal East Coast education that put him
Speaker 3: in a possession position to basically be a human hand
Speaker 3: grenade that pulled his own pin.
Speaker 2: I mean, is that what we should be looking at?
Speaker 2: And if so, what steps do we take?
Speaker 3: I have my own concerns about the the elites out
Speaker 3: there in the educational system, But man, it seems like this,
Speaker 3: this is just another indictment of the rich eight five
Speaker 3: p't five four zero five eighty two fifty five. There's
Speaker 3: no death penalty for this guy. And honestly, as I
Speaker 3: think about it, from a if this had happened on
Speaker 3: the streets of Colorado back in the day before Jared
Speaker 3: Polus and the Dems in the legislature got rid of
Speaker 3: our death penalty. Would there be aggravators that would exist
Speaker 3: that would have made this a capital punishment case?
Speaker 2: And none of them come to mind.
Speaker 3: There were sixteen that we had, probably too many, but
Speaker 3: sixteen under our state statute. I can't think of any
Speaker 3: that would have made it a capital punishment case.
Speaker 2: But here's what you need to know.
Speaker 3: This kind of murder, this cold blooded after intent with
Speaker 3: the deliberation murderer. In New York, the maximum sentence is
Speaker 3: twenty five to life.
Speaker 2: That's right.
Speaker 3: That's if this dude goes to trial and gets convicted.
Speaker 3: And again that's an open question because if you're Alvin
Speaker 3: Bragg and you have shown your hand in multiple big
Speaker 3: time cases, Alexa or Alik say, however she announces it
Speaker 3: these days told us in the call, this guy's good
Speaker 3: for making political decisions about cases, right and left.
Speaker 2: What do you do with this guy? Do you charge him?
Speaker 3: You have to charge him right with the highest class
Speaker 3: of murder, first degree murder. But do you give him
Speaker 3: a plea barg do you give him some sort of
Speaker 3: a deal. Do you stipulate to some kind of a
Speaker 3: sentence less than the maximum you get. We don't do
Speaker 3: twenty five to life. We only do that as an
Speaker 3: indeterminate sentence on sex offenses. We just don't do that
Speaker 3: on adult charges. And I see, by the way, for
Speaker 3: those of you that have never been in the studio,
Speaker 3: and if you have, you probably broke the law because
Speaker 3: they're not going to let you in here. You look
Speaker 3: through the glass and you look at the incredibly good
Speaker 3: looking Detroit Lions fan Ryan Schuling, and he has the
Speaker 3: earphones on, he's got his finger on the button.
Speaker 2: You're about to tell me something. Are the police here
Speaker 2: for me?
Speaker 5: Did you know?
Speaker 6: How?
Speaker 5: Did you know?
Speaker 2: I can tell you went an election, going on an investigation.
Speaker 2: That's what happens here.
Speaker 5: Just that we're at the forty five break, and you
Speaker 5: can take it whenever you want, because this one's a
Speaker 5: floating break, not a heard out.
Speaker 3: You know, I had a floating break once, but well
Speaker 3: I went and saw a doctor about it and they
Speaker 3: fixed it to the thing that was supposed to be on.
Speaker 3: So now it's just a break. Awesome, yea, which is awesome. Hey, listen,
Speaker 3: I want to tell you what's coming up, by the way, too.
Speaker 3: In the second hour of the show, we have a
Speaker 3: guy named Wayne Williams.
Speaker 2: You may have never heard of Wayne.
Speaker 3: Wayne, of course, former Secretary of State for the state
Speaker 3: of Colorado back before it became the most hyper partisan
Speaker 3: office next to the AGS in our state. Wayne's going
Speaker 3: to talk to us about a recent Facebook Live statement
Speaker 3: made by the current mayor and his former opponent for
Speaker 3: mayor of Colorado Springs, Jemmy Mobilatte. And then at five
Speaker 3: thirty six, we're going to have Miranda Devine on to
Speaker 3: talk to us about more of this pardon stuff, and
Speaker 3: then we'll finish off the show with I think a
Speaker 3: great interview one that's going to hit close to home
Speaker 3: for me from a group called the Homebuilder's Foundation.
Speaker 2: But I'd love to hear from you more on this.
Speaker 3: What does Alvin Bragg do with this? What do you
Speaker 3: expect Alvin Bragg to do with this guy? It's almost
Speaker 3: like the anti Daniel Penny, right, Like Daniel Penny's the
Speaker 3: dude that saved people's lives by taking matters into his
Speaker 3: own hands when a guy was going crazy on a subway.
Speaker 2: Now here's a guy.
Speaker 3: That's taken matters into his own hands to kill someone
Speaker 3: for some And by the way, did you know he
Speaker 3: had a manifesto. Oh yeah, there have been some leaks
Speaker 3: about it to CNN and others. We'll talk a little
Speaker 3: bit about that when we come back, but I'd love
Speaker 3: to hear from you. We also have the texts. If
Speaker 3: I can figure out how to get the text thing
Speaker 3: going here, we'll keep doing the text, but give us
Speaker 3: a call eight five five four zero five eighty two
Speaker 3: fifty five eight five five four zero five eight two
Speaker 3: five five ask a question of the once in future
Speaker 3: district attorney right here on the Dan Kapla Show.
Speaker 2: Talk to you just a bit, and.
Speaker 5: Now back to the Dan Kaplis Show podcast.
Speaker 2: George Robert filling in for the Dan Caplis.
Speaker 3: The Dan Caplis is in the courtroom trying a case
Speaker 3: on behalf of his client. I'm sure scoring some huge
Speaker 3: justice for them. Now, Ryan, you do don't accidentally play
Speaker 3: any bumper music? That was of course the great Rod Stewart.
Speaker 3: What's the feed in? What's the connection? What did I
Speaker 3: miss there?
Speaker 2: When you're on a downtown train, you want to.
Speaker 3: Know, for the love of on board Now I feel
Speaker 3: super ignorant about that, of course, Ryan making reference to
Speaker 3: Daniel Penny acquitted today by a jury of his peers
Speaker 3: in Manhattan in a case ill brought by da Alvin Bragg.
Speaker 3: Maybe the second most. It's hard to know if it's
Speaker 3: him or Fannie Willis is the most partisan district attorneys
Speaker 3: in the state. They call her Fani, and she had
Speaker 3: a gentleman lover named Nathan Wade.
Speaker 2: George, you know as well as I. They should put
Speaker 2: you on Saturday.
Speaker 3: Live to replace that guy, who also does, by the way,
Speaker 3: a brilliant Donald Trump. The other big news, of course,
Speaker 3: Luigi MANGIONI don't know if he's related to the big man, Chuck,
Speaker 3: twenty six year old elitist ivy League guy who has
Speaker 3: a bit of a manifesto here. Now, CNN had published
Speaker 3: some of this stuff. And let me tell you my concern.
Speaker 3: This happened in the Aurora theater case. If you recall
Speaker 3: that mass murderer, that evil mass murderer had also written
Speaker 3: a notebook.
Speaker 2: But in his case, he had mailed it to.
Speaker 3: His psychiatrist at the University of Colorado Health Sciences Center.
Speaker 3: It got intercepted by law enforcement en route there. The
Speaker 3: Postal inspector whatever said hey, we've got this thing from
Speaker 3: this guy. It got intercepted grabbed up and it was
Speaker 3: a huge pain in the butt from a prosecutor standpoint,
Speaker 3: because some member of law enforcement talked about it to
Speaker 3: a woman who I cannot remember Winter, last name Winter,
Speaker 3: reporter named Winter, who was working at the time for Fox.
Speaker 3: I don't think she was an on air person, and
Speaker 3: she reported on what this person described. Well, that created
Speaker 3: a huge problem for us because the public defenders, who
Speaker 3: of course will fight you over anything, filed emotion saying
Speaker 3: we want sanctions against Brockler and all of law enforcement
Speaker 3: because they released information about this case into the public
Speaker 3: stream in violation of a couple rules that we have,
Speaker 3: as well as this order that the original chief judge
Speaker 3: had given. Now in this particular case, CNN had released
Speaker 3: this guy's statements at least a couple that were attributed
Speaker 3: to him. The long and the short of which for
Speaker 3: this guy were that he says, oh, where's it right here?
Speaker 3: These parasites had it coming. This isn't a manifesto. They
Speaker 3: grabbed up off of him purportedly at the Altoona MacDonald's
Speaker 3: in Pennsylvania. These parasites had it coming. I do apologize
Speaker 3: for any strife and trauma, but it had to be
Speaker 3: done one disgusting. Nobody believes you that you apologize for this.
Speaker 3: You don't kill a father of two, an innocent father
Speaker 3: of two, in cold blood. And when I say innocent,
Speaker 3: I mean in the truest sense of the word innocent.
Speaker 3: Guy didn't do anything to deserve to get murdered on
Speaker 3: the streets of New York City.
Speaker 2: And in this case, there's more to this.
Speaker 3: But if you're a prosecutor and this information gets leaked out,
Speaker 3: and it's law enforcement that does these kinds of things,
Speaker 3: rarely do you see a prosecutor leaking this information because
Speaker 3: they know how the game is played. It creates potential
Speaker 3: problems down the road for the DA and bringing this forward.
Speaker 3: What you don't want is for the case to be
Speaker 3: tried in public, because if it gets to a certain point,
Speaker 3: not only can the DA be sanctioned for a failure
Speaker 3: to try to rein in this information. And when I
Speaker 3: say sanctioned, I mean it could result in I mean
Speaker 3: the death penalty for all this. Ironically, since New York
Speaker 3: doesn't have it would be to dismiss the case. I
Speaker 3: don't see that happening here, but it could result in
Speaker 3: forbidding the DA from using certain evidence from proceeding on
Speaker 3: a certain level of charge. It could even result in
Speaker 3: something called a change of venue, which means the case
Speaker 3: ends up getting tried somewhere else. Now, in this particular case,
Speaker 3: this guy being tried New York City is probably not
Speaker 3: going to get any better. You get an upstate in
Speaker 3: New York and you start to get to a more
Speaker 3: conservative jury pool here. But this is a bit of
Speaker 3: a problem, but it's an insight into this guy. He
Speaker 3: felt completely justified in doing this. And I'm glad we're
Speaker 3: almost out of time here, Ryan, because I don't want
Speaker 3: to go too far down this rabbit hole. But there's
Speaker 3: someone else locally that we talked about who took the
Speaker 3: same approach on a much less life or death matter,
Speaker 3: but an important one, and that's Tina Peters. Tina Peters
Speaker 3: claimed the moral high ground by saying, I'm out here
Speaker 3: to find out whether this election was stolen, whether this
Speaker 3: data is secure and preserved, and therefore whatever I do
Speaker 3: to violate the law is okay because I have a
Speaker 3: higher purpose in mind. That's the kind of machiavellian ends
Speaker 3: justify the means approach that history has been riddled with
Speaker 3: for people to go and do horrible things. You know
Speaker 3: who else thought like that dude named Tim McVay. Tim
Speaker 3: mcvay's acting blowing up that Murrow building and killing all
Speaker 3: those little kids and those innocent government workers was because
Speaker 3: he had a higher moral purpose in mind. Listen, we're
Speaker 3: gonna have plenty of time to talk about that when
Speaker 3: we come back after the.
Speaker 2: Top of the hour.
Speaker 3: A guy named Wayne Williams would have been the mayor,
Speaker 3: isn't the mayor? I'd love to get his reaction to
Speaker 3: a Facebook live statement that Mayor Jemmy Mobilatti gave a
Speaker 3: last week about his interactions with the FBI. Did he
Speaker 3: tell the truth? George Brockler on the Dan Kaplis Show
Speaker 3: stick Around