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Dec. 9, 2024 - The Charlie Kirk Show
36:03
Daniel Penny Acquitted!
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Hello, everybody.
This is producer Blake here.
You probably weren't expecting me.
I wasn't expecting me.
We have some big breaking news that just hit, if you haven't heard it yet.
Marine Corps veteran, national hero, Daniel Penny is a free man.
We had some sweating last Friday when we learned that the jury was deadlocked on the higher level charge, manslaughter.
The state of New York dismissed that charge to try to trick the jury into some sort of compromise guilty verdict on a lower charge of negligent homicide.
And it failed.
They came in today, and after just a short time deliberating, we heard they have a unanimous verdict.
Myself and a lot of my friends thought, oh no, are they going to convict him?
And the answer is no.
They just delivered a unanimous, not guilty verdict for Daniel Penny.
The state of New York's effort to ruin his life, to put him in jail for years, if not more than a decade, has failed.
We can all celebrate today.
I think we can agree this is the biggest courtroom win for an ordinary American since Kyle Rittenhouse a few years ago.
And we're doing our best to get a reporter who was inside the courtroom when this came down.
Until then, do we have Jack?
Jack, welcome.
Welcome, Jack.
We have Jack Posobiec joining us.
Can you hear us?
I've got you, Blake.
What's going on?
Excellent.
Jack, this is a great day.
This is huge.
This is a huge moment for America, and I want people to be very clear that this is just four years after the George Floyd racial reckoning moment, which, Blake, I know you and Charlie have discussed so many times, that this comes at a time where Just a couple of years ago,
a case like this with the racially charged overtones where people were saying, oh, this is a white man and a black man, where in many instances in New York, particularly under D.A. Alvin Bragg, who is a Soros-backed D.A., the same guy who went after Donald Trump in the same jurisdiction where they're going after Steve Bannon this February, was putting all this together and so many people looked at the video and said it's a clear case of self-defense.
It's an obvious case of self-defense.
There was even a case last year where a guy stabbed someone to death on the subway and those charges were dismissed because that was again self-defense regarding a homeless person that was acting crazy on the subway.
white.
The only difference was in that case, the individual was black.
In this case, the individual was white.
And so he had the book thrown at him.
No, Daniel Penny, we have to understand this is a moment for the country.
This is a moment for the, I don't want to say the movement.
This is just the mood of the country, the moment for society, a moment where people can say, you know what, we do want to live in a country that has rules, that has standards.
Obviously, it was a terrible situation.
It was a situation that nobody wanted to be in, a situation that nobody wanted anyone in.
But instead, we have a situation now where people can get up and say, you know what, we're sick and tired of the crime and...
So I had heard last week from, you know, take with a grain of salt, but I had heard that there was some rumor going around the DA's office there in Manhattan that the jury, yes, while they were deadlocked, the deadlock was actually towards a We're good to
charge.
They call it something a little bit differently in New York.
But Blake, here's my question.
Because that first, and this is more of a legal question, because that first charge was dismissed and not ruled on, could that charge still be brought?
I don't necessarily think that they're going to, but is that a possibility?
My understanding is no, that because they went through the whole trial, at that point in legal parlance, Jeopardy had attached.
And so it would be double Jeopardy to try to bring Yeah.
Oh, you know, the trial's not going well.
The jury doesn't look good.
Dismiss it and refile it.
So that would be abusive.
So I think Penny is golden on the New York legal front.
The vulnerabilities would be a federal charge against him, which I think very safe to say that won't be happening with President Trump in charge.
If anyone tried to bring that, I think we would get them turfed out pretty quickly.
The other possibility would be a civil case against him.
That's still sadly a possibility.
Neely's family could sue.
I think he is.
I think they have to.
Now that you say that, he probably already is.
I can double check, but I do believe that they've filed a wrongful death lawsuit against Penny in the case.
So walk us through.
And by the way, that would be something, and I haven't talked to anyone about this, but I do know that there's that give, send, go.
And we, I guess, what, a year and a half ago when this happened, I think it was May of 23.
Please make sure that you're still giving to the give, send, go for Daniel Penny.
I'll go find it and post it on my Twitter accounts up on X and across my social medias.
And while this is a great day and we're going to talk about this and there's a lot that's going into this, there's been a lot that, you know, it certainly goes with the current mood of the country right now where I think people are sick of wokeness.
They're sick of social justice.
They want to get away from this stuff.
And more importantly, they want to get away from crime.
We want to live in a place where – and Stephen Miller was at the Turning Point event, this incredible Turning Point event in Mar-a-Lago last weekend, last Saturday night.
I know Charlie was in rare form that night and it was an incredible celebration.
Stephen Miller got up and spoke and he said, every single American, regardless of your background, has the right to live in safe cities and safe neighborhoods.
You should be able to ride a train in this country in one of America's greatest cities, New York City, without having to worry about you, your family, and your children being accosted.
And unfortunately, in this situation, someone did accost them, but you had a hero named Daniel Penny who didn't do anything wrong.
In fact, he did everything right.
But I do want to also point out that because of this lawsuit that's still going on, Please go and check out the Give, Send, Go for Daniel Penny because it does look like he's still facing some legal repercussions on that front.
Yes, absolutely.
We'll be watching that.
We obviously care that Daniel Penny get his life on track as much as possible, and that goes beyond just beating these unjust charges.
But as we like to say, today is a day for celebrating.
This is a victory for ordinary Americans.
This is a victory for I'm sure we also, you know, maybe we haven't seen the last of Daniel Penny in our movement.
We'll see.
I imagine a lot of people will be getting to work on that front.
As you said, another big win here.
We already see it on X. People are saying, this is the day BLM dies.
The movement that sort of terrorized America that said, if you don't listen to us, we will burn your stores, we will burn your city, we will make your cities unlivable.
They demanded that Penny go to prison.
Just this morning, they were protesting so loudly that on the 13th floor of the courthouse where the jury was deliberating, their chants demanding that Penny go to prison could be heard.
There were arguments that that would be grounds for a mistrial all on its own.
But if the jury was able to hear those protests, they ignored them, they didn't care, and BLM's ability to just terrorize the country Is broken, I think.
People understand this is a con job.
This is a scam.
This is bad people who want bad things to happen to America.
And Blake, I do have a report from this guy, Matthew Russell Lee.
He covers a lot of these cases.
He goes into the courtrooms and live tweets them, and he's not one side or the other.
He's very straight down the middle.
And he tweeted that when the not guilty charge came out, that from the Penny side, there was applause, there was cheering, the judge asked him to be quiet.
And I'm just going to read what it says.
From the Neely side, someone said, gonna be killed.
The judge instructed that person to be taken out.
Then either someone else from the Neely side or the same person responded, it's a small world, buddy.
It's a racist country.
It sounds like there were people who were even threatening Penny inside the courtroom as the verdict was down.
So these people are still there.
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Other breaking news.
It's just coming out now.
They may have arrested the CEO shooter from New York.
There's apparently a person much like him who also had a suppressed pistol that they just arrested in Altoona, Pennsylvania.
So we may be getting a lot more information on that front.
There is a lot going on today.
But right now, we want to be joined.
We have a reporter who was covering all the events of this trial.
A lot of his coverage went viral.
He was giving us a lot of information.
Do we have Joe?
Hi, yeah.
Can you hear me okay?
There we are.
All right.
Welcome, Joe.
Thank you for coming on.
So this is Independent Reporter Joe Brucker.
So you were covering the entire trial.
So let's get right to the most important thing.
What was the moment like when the verdict came in?
How did people react?
Absolutely, yes.
Very high emotions.
Major wave of commotion.
At this point, a couple of the major protesters who had been sitting in on the trial actually were already outside.
This came from Jordan Neely's father, who was suing, actually, in a civil suit.
He was actually asked to leave the courtroom after this.
There have been so many outbursts and so many How about, could you see Penny himself?
Did he show any emotion?
Obviously, it was very viral when Rittenhouse started sobbing after the verdict, but we couldn't see in New York's case.
Right.
They actually rushed out of the courthouse fairly quickly.
I was not able to get a view of that particular instance.
And they did not give any sort of press after the verdict either.
One thing to keep in mind is that there is still a civil suit looming.
And if you remember the Bernard Goetz case, there was a major civil suit afterwards, tens of millions in liability.
So they may have been trying to contain any sort of information that could be used.
Of course.
They indicate feelings of guilt.
And you were also reporting on the chants, the threatening protests outside of the courthouse.
Could you really hear those?
Do you think the jury could hear it, 13 stories up?
Absolutely.
So we were 13 stories up, and those protests were All the way on the first floor.
You can hear it on the other side of the same 13th floor.
The jury is deliberating.
There was speculation but not confirmation that we could get that the jury was hearing this as well and that this was either intimidating or influencing the jury.
Part of the issue, too, was that there wasn't really anywhere else for them to move them that would have been any better.
The judge offered to ask the jury, hey, if you have any notes for us that you're able to hear this, we'll try to move you, but communicated to both parties that even if that were the case, it's not that we'd be able to move them anywhere that would be quieter.
So my colleague Jack is saying, from one of his, someone was saying there were threats from the Neely side inside the courtroom.
Did you observe that?
Yeah, so Hock Newsome did actually say it's a small world, and some of the reporters heard it's a small world whitey.
Some of the reporters heard it's a small world buddy.
So we're a little bit of back and forth on that.
But yes, that could have been interpreted as a threat, and that was actually audibly, that was as Hawk Newsom, the founder of Black Lives Matter in Greater New York, was leaving.
Then, outside of the courtroom, during the press conference of the various activists that were involved, Hawk Newsom did call for black vigilantes, specifically.
Oh my gosh, that's crazy.
Were you speaking with other reporters?
Was it a surprise the verdict came in the way it did this quickly after the drop charge last Friday?
Was there a sentiment on how the jury was likely to go?
Is this outcome expected or surprising?
Sure, sure.
I think that many in the courtroom were expecting that we would get another hung jury.
The difference between, they indicated that they were still debating self-defense, which applies to both negligence and manslaughter, when they arrived there at being a hung jury.
So many were expecting that that debate would either carry over or this would indicate that they had ruled that this didn't matter, They would have much more to either deliberate on or rule guilty.
So yes, there was surprise that it was this verdict this quickly after the hung jury.
Also, the period of time.
I mean, we had four days of deliberation before we had the hung jury, and then almost like 30 minutes before a verdict.
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Daniel Penny has been acquitted.
It's great news for...
Pretty much all Americans, other than, I guess, people who want to terrorize innocent people on the subway.
I want to play a clip that we have.
This is the response of Jordan Neely's father to the news today.
Let's play clip number 20. I just want to say, I miss my son.
My son didn't have to go through this.
I didn't have to go through this either.
It hurts.
Really, really hurts.
What are we gonna do, people?
What's gonna happen to us now?
I had enough of this.
The system is rigged.
Come on, people.
Let's do something about this.
So it's that last line there that stands out.
Let's do something about this.
And I couldn't quite make it out, but I think you could hear some protest chants going on in the background as well.
Do we still have Joe with us?
Welcome back, Joe.
Can you hear me okay?
Yes, yes.
So I'm not sure if you could hear that, but we were just playing the clip of Jordan Neely's father saying, let's do something about this.
So I was wondering, you know, we ran out of time there before the break.
Could you expand a bit on the overall vibe?
Did it feel menacing around the courthouse at all?
Like there was a very strong cohort of people really braying for Daniel Penny's blood?
It's interesting.
That is the first time that I had actually heard Jordan Ely's father's words, even though I was only a few feet from him.
His voice was a little quieter, but he was completely drowned out by the protesters who were across the street.
I'm sitting in the courthouse now.
The tone was extremely low.
It was really loud this morning.
All of the reporters had noted that this was more intensity than we'd ever seen any other day of trial in terms of hearing these protesters, which we've heard very, very consistently.
Later in that clip, later in that same press conference, you'll hear Hawk Newsome, the founder of Black Lives Matter Greater New York, call for vigilantes, black vigilantes, seemingly in response to how he sees Daniel Penny.
Earlier, Thomas Kenneth, who is the defense attorney for Daniel Penny, brought up several chants that he interpreted as threats specifically against the jury.
Quote, if we don't get no justice, they don't get no peace.
ADA-Uran seemed to dismiss the likelihood of that, even going to the extent of saying that she hadn't heard any of some of these slogans at all.
But the judge denied the equivocation later and agreed that there aren't two sides to this.
So looking back over the course of the trial, you were able to observe the jury.
Obviously, there's also a lot of experts there.
Do you have a sense maybe what proved decisive in Neely being able to win his freedom?
Is there something that really affected people?
Yeah, sure.
So, I mean, there are two big things, right, that became issues of focus.
One, for Daniel Penny, you know, is the question of self-defense, which the last indication that we have is that this is something that the jury was fixated on.
And we had testimony, emotional testimony, of a mother who was protecting her child and who had thanked Daniel Penny.
There was a woman who had thanked Daniel Penny after the event.
There was testimony describing, we had an expert witness going through his psychiatric records and describing just how scary and They really, really tried to emphasize the extent to which the subway passengers did or could have felt threatened.
And Daniel Penny, in his interview with the police, says, you know, I look, I see women, I see children, and that was his impetus.
The other issue is that the prosecution had to prove the cause of death.
What was the chokehold?
The defense put up this theory.
We don't know, obviously, to what extent the jury felt doubtful towards the prosecution's case.
But he did have this sickling event, an extremely rare event.
That is just how rare this event is, even though people have a sickle cell trait.
Both medical examiners, the prosecutions, and the defenses both agreed that this is an extremely rare event that inhibited the oxygen flow to Jordan Ely's cells.
And also, the jury was very focused that the medical examiner gave up looking or said something to the extent of That she didn't need more information after seeing the video.
So she had toxicology reports on the way.
She had other information on the way and she decided not to move forward with it or didn't need it to decide the cause of death as the chokehold, which obviously many people ran away.
Alright, I think we're getting the clip here.
Yeah, this is what you were just describing, I think.
Let's play Hawk Newsome getting a little menacing after the announcement today.
Let's play clip 21. We need some black vigilantes.
That's right.
People want to jump up and choke us and kill us for being loud?
How about we do the same when they attempt to oppress us?
Right.
I'm tired.
Tired.
Yeah, pretty strong words.
Wow, that was some volcanic rhetoric.
I think, obviously, that'll have a lot of people on edge.
I think what we can be hopeful for, though, is...
I think what we're all hopeful for is that this won't cause an explosion of violence or looting or anything like that.
I think what most of us would prefer is for people to just tell them to go away.
Maybe he'll get slapped with some sort of charges over that if it's too inflammatory.
A lot of this is...
It's just people...
It's crazy to think that four years ago, everyone just went in fear of this group of people.
They could get almost anyone prosecuted, thrown in jail.
They almost could act with impunity.
And this time, they didn't get their way.
And a heroic man, an innocent man, is going free.
And...
I'm celebrating.
You're a reporter.
I don't want to expect you to celebrate off the cuff.
But I think this was the right outcome in the case.
And I know a lot of people were following this.
And it's good to see that people didn't get the tunnel vision of thinking that the protesters who were right outside, who were not going to work that day and were just coming in to protest during the trial, that they were not the mob that would just get its way.
Any other thoughts on the case?
I mean, you've been following it longer than just about anyone.
Yeah, I mean, I guess the biggest thing is that it's not over yet.
We have potentially the civil trial, if you recall.
Bernie Getz, you know, he was acquitted but then had this major civil trial afterwards in which a judgment was levied against him.
Tens of millions of dollars, apparently.
His livelihood is still affected by this.
So, you know, this is certainly a victory for Daniel Penny, but it's not the end of the road.
And it's also not the end of the road in terms of the public reaction.
In the days after the original lack of charges against Penny and the protests following, you know, protesters had been arrested with accusations of, like, throwing Molotov cocktails and such.
In fact, that hearing was during this trial.
So the story is certainly not over.
Joe, thank you very much, and thank you for coming on.
I'm taking in the full extent of what this is all going to mean, and I think you're correct that a big thing we need to focus on is it doesn't end here.
Obviously, if you can donate to support him, if his Give, Send, Go is still operating, we'll want people to support that.
And we have to make sure that we follow up on Building a world where there's not even a fear that if you are protecting your fellow Americans when they're in distress, when they're in danger, that you would have to worry about this sort of punitive, anarcho-tyranny lawfare being levied against you.
I'm already seeing people say this, that the damage is already done.
That because Penny had these charges brought against him, that no one is going to step up to protect innocent people if they see them in danger.
And so we need to make sure that we...
We can rebuild people's heroism, that we can send the message that this prosecution was a one-off.
It will not recur.
So I think we need to look...
I don't think we should forget what we were talking about while this case was still underway.
There was a lot of focus on the prosecutor in this case.
I can't have her name.
The assistant DA. Do you remember her name?
Daphne Aran.
Yes.
Yeah, assistant DA Daphne Aran.
Very interesting character.
Absolutely.
Absolutely.
Yes.
So, you know, people resurface, I think, actually, I think you even posted it, the video where she was gloating that she managed to get a radically reduced sentence for a man who, he murdered someone just during a mugging at an ATM, correct?
My understanding of the event, so, so, Davin Iran brought the first restorative justice case in New York City, or at least that's one of her claims to fame.
And the case in which you're referring, I believe the perpetrator stuck up an elderly professor, I think it was, who was shoved over in the course of that altercation.
In the course of that robbery, he hits his head and dies as a result of those injuries.
Then following that, she agitates for a reduced sentence.
Now, if you're interested in this, there's also another case She spoke to the RNC this year and also testified to the House Judiciary Committee and calls out Daphne Iran by name for an unsatisfactory sentence along these same lines.
All right.
Do you have a social media people want to follow or a publication where people can read your work?
Sure, yes.
My Twitter is, you can follow me on Twitter, I'm at JBRUCJ. I'm Joseph Brucher, and I'll be writing up on this for IM1776. Joseph, thank you very much.
Thanks for all of your work covering this massive story, and thanks for coming on the program.
Thank you so much for having me.
Hey everybody, Charlie Kirk here.
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We have Jack Posobiec still with us.
I know he's been very closely following this UnitedHealth CEO shooting.
And, Jack, I think we should just go through.
Do you see this New York Times set of details that they've been putting out about this?
That they've found.
Apparently they found a manifesto on the person of this guy.
They caught him at an Altoona McDonald's.
Someone saw him, thought, that looks like the guy. - Okay, the first thing we have to say, the first thing we have to say is, Before we get to the manifesto, before we get to the fact that it looks like he may have still had the weapon on him, the suppressed, some kind of modified firearm, but the fact that he was caught at a McDonald's because he couldn't resist, folks.
I guess he just couldn't resist.
He's on the lam.
He's got everyone in the country looking for him, and he just couldn't resist those fries.
He saw that Donald Trump video going around and said, Those fries just look a little too good when Trump makes them.
Maybe I can get a little of that so he gets caught in Altoona, so that's on the way to Pittsburgh, across the Midwest, northern tier of Pennsylvania, across from New York City.
We knew that he was riding buses beforehand, so that could have been It sounds like that's what he was doing, but rather than having been necessarily caught by tracking the buses, it does look as though he was caught because a McDonald's employee at the restaurant observed him, recognized him from the images that we've all seen, and decided to do the right thing.
So again, very similar to the Daniel Penny situation in a certain sense, Because, once again here, you have a good Samaritan deciding to do the right thing and step up instead of just let something go by.
Yeah, and the details of this stop are pretty wild.
This is CNN reporting on it.
Let's play clip 22. So Dana, this starts as a very routine day in a McDonald's in Altoona, Pennsylvania, which has like three McDonald's.
But an employee there looks at this person and has been seeing on CNN and everywhere else these photos from the NYPD of this masked person with the hood where they're saying, look beyond New York because we think the person has left the city.
And she believes that this person resembles the photos that have been put out She calls 911, gets the Altoona PD, they respond to the McDonald's, they engage this individual, and as they get him to identify himself and look through things, they find a gun, they find a silencer, they find multiple false IDs.
Apparently he was just going around in the same getup he did the shooting in with all of the gear.
It's wild.
Do you remember a couple of days ago we were doing the thought crime show and we were arguing with people and there were still people who said that they thought that this was a professional.
And they said, oh, we think this was a real, real assassin, a real-time hitman.
And no, no, it was not.
This was someone who...
Yeah, and the fact that there are documents here.
Look, so we have the writing on the...
The bullet shells was the first instance that this may be something to do with a political-type motive, someone who's animated with anger and animus towards healthcare CEOs and CEOs in general, and now we have this information about, quote, and I think they're stopping short of saying manifesto yet, they're just saying manifesto-like documents, but that certainly seems to be the rumor that's going around.
Also, I think there was one of his backpacks that was found, that designer backpack.
By the way, all the clothes in this case, there were some memes going around saying that all the clothes in the backpacks were designer clothes and designer jackets.
Everything about this is incredible.
The fact that his gun is apparently, they're saying it's a ghost gun, like he built it himself with parts he either printed or bought online.
And the way...
Yeah, like, designer clothes.
He has multiple false IDs.
Manifesto-like document.
Like, what?
Does it have to be, like, at least 12 pages?
And the backpack was filled with Monopoly money.
Over the weekend, the backpack that was recovered was apparently found...
It was filled with Monopoly money.
Actual Monopoly or, like, countersaying?
Well, we'll have to...
That remains to be seen.
That remains to be seen.
But, no, they were...
So some people were speculating that perhaps...
You know, this was in regards to one of the criticisms of this health insurer was that they have an illegal monopoly on the market.
And so perhaps this was a Again, intended as a message to the case or just, you know, regarding money in general.
But it does seem to be shaping up that way.
I'm just saying it does seem to be shaping up that way.
We don't know for sure.
There were a lot of people who pointed that out early on.
And I think that I was one of the first people who said, no, this was not a professional assassination.
Thanks so much for listening, everybody.
Email us, as always, freedom at charliekirk.com.
Thanks so much for listening and God bless.
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