Today, Dan and Jordan take in the events of the past couple weeks with the help of a couple guests, plaintiff's attorneys Mark Bankston and Bill Ogden. Tune in for insights about the trial, and to learn that Bill remembers Tila Tequila's dating show.
Yeah, it was all a lot, but I appreciate them having us on, and I appreciate that they allowed us to not play into some of the, you know, like, hey, why don't you talk about Alex's X, Y, or Z thing, and we're able to...
Speak on the issue as we wanted to, and I appreciate that.
That's something that maybe some people wouldn't think a media outlet would offer.
A little hit like that is not something that you can really dive too deep in, and you gotta answer your question and get done, and...
And so, unfortunately, it may not satisfy people who want a thorough deconstruction of some of this stuff, but that's, I guess, what the podcast is for.
And yeah, it's a treat.
And speaking of treats, Jordan, for our episode today, we are thrilled to be joined once again by Mark Bankston and Bill Ogden.
I think Mark said in our little chat that this is the first press, so we're scooping everybody on this.
But it was really...
I don't know.
I feel like it's kind of condescending to say an honor, but it was.
It's very meaningful and something I'll always be very thrilled to have been able to be whatever small part of...
This that it was, and I appreciate them so much for allowing us to have, you know, a little bit of an inside track on some stuff, and their generosity with the listeners and us is just so wonderful.
No joke though, this is the since I walked off the courthouse grounds, this is the first time I've spoken to any sort of public media and you guys are first.
That's a good point that you bring up there, too, about the numbers and such.
I think a lot of times the reporting on this misses.
There's a lot of flashy numbers and millions and stuff, and the context of it as the message and the actual intent and want of the plaintiffs is kind of lost in the shuffle a little bit.
I mean, too, in the complications of how this actually plays out, right?
You had people jumping on it immediately.
I saw a $45 million verdict, and they're not exactly sure how to report it.
They don't understand what the caps are.
They don't understand where it goes from here.
They don't understand anything about what's happening.
And then what people have to remember is Jones threw the company into bankruptcy mid-trial and lifted the stay for this particular trial.
So everything's going to bankruptcy court.
Yeah, you've got a practical cap on this where you've got $750 per claim and then you've got two defendants per claim.
So as the cap is applied, you're looking at like $4.5 million up on top of the $4.1 from the compensatory plus the $1.5 that they've paid in sanctions plus a couple hundred thousand.
But here's the thing about that, though, is that because they've put themselves into bankruptcy, and that means that the potential appeals that you could have, if you're going to be doing those over the next couple of years, they have to be baked into the value of how that gets done up in the bankruptcy state.
So the actual value is going to be higher than what we actually have under the cap, because that appeal, the potential to have that cap declared.
Well, I mean, the whole thing is to leverage your ability to appeal this, and especially because this would be like the golden case to appeal this on.
Because you have a damage cap on a case where there was a default judgment and there was even presumed damages in the nature of those claims, that if you now do a constitutionality challenge to this, it's the day.
We've been waiting for a case.
The sad part is that's not going to happen.
We're never going to get to the Supreme Court because we're going to get valued in the bankruptcy court.
So you leverage the appeal on that value.
And the thing is, you've got Matty coming in with his...
I mean, that's just what, like, there's a clip going around the world right now about, like, we're dividing up the corpse of Infowars in the bankruptcy state.
At that point, because Mark had slapped Ray Nall, both Mark and the judge had slapped Ray Nall so many times, I really feel like at the end he was like, I just don't even want to stand up.
I'm not going to feel good about what happens here.
He thought he was going to come in here and figure, you know, even bad press is good press.
And no, it is not.
You don't want to Google that guy's name right now if you're hiring a lawyer.
And what's weird about that moment in that courtroom was not only was it a pitch-perfect law-and-order moment, not only was it against one of the most evil dudes in America.
Who sputtered and coughed his way through it.
But the fact that the moment itself focused so intently on opposing counsel, that even the law and crime camera person who's ever doing the camera in there does this dramatic pan and pans down to Reynaud while he's sitting there stroking his chin.
I think that he inherited a case that was shit already.
There was nothing he could do about it, and he probably took that case without...
Them appreciating where the case was and then just bomb after bomb after bomb was dropped on him.
I kind of feel bad because I think in five years at an airport in Atlanta, somebody's going to be like, oh, you're the guy with the cell phone records.
I came home and I have a kind of rough around the edges cousin who I would not expect to be plugged into this sort of thing normally.
And he came right up to me and he was like, what the heck is going on?
That lawyer and he goes to me, man, I would not hire that guy to represent me in the Pepsi challenge, like at the mall.
Like, would not do it.
That is, wow.
The ripple effects of this are unreal.
And I did, I'll tell you, I felt bad for a moment, but I need to tell a story that I've told on the record in court.
So again, not telling tales out of school.
But the first time I met Renal back in March when he was coming in to defend their other lawyer who got found for tampering evidence.
And I think that's originally why they brought in a criminal lawyer.
He walked up to me outside on the steps out in front of the courthouse, and he tried to do some sort of psycho psyop stuff, you know, mess with your opponent's head kind of stuff.
And then he eventually tells me something along the lines of...
Like, you're never getting a dime off this case, or your clients are never getting a dime off this case.
I can tell you, there was this little part of fear of me that said when the bankruptcy came in, and then when we had this verdict, and then I know what's about to happen in the next couple of months, I was like, guys, your show's not long for this world because he is going down the tubes very, very fast.
But what is nice, what is really going to savor every moment is this downfall, this exit of Jones from the American stage is going to take a considerable amount of time and expose him to a considerable amount of danger.
You're going to have content for the next year that is just gold.
Yeah, and I think one of the things that's really important about that is that as it happens, probably because it'll be a little bit protracted, there'll be so many opportunities for the inside of the sausage to be understood a little bit more by the public, which I think could be...
Incredibly helpful in teaching people about these sorts of actors and how they operate so you can understand other people like them and avoid falling for the same tricks from just another face.
In any other courtroom, any other circumstance, it was something about his Tennessee draw and something about the whole posture, the tenor of the whole damn case.
He got away with saying about Jones putting his ass up on the witness stand.
The overshadowing is insane because we're not talking about the fact that for the first time ever we played a clip of the defendant calling the judge a pedophile.
We all forgot about that.
Nobody's talking about that.
We all forgot that the defendant played...
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We played a video of the defendant calling the jury a bunch of blue-collar simpletons in the middle of trial.
Because I feel like ultimately the jury did an amazing job because of the amount of bullshit that is barraged at them in such a short period of time that their ability to kind of like...
And that jury was a broad mix of different backgrounds and people.
And they were...
None of this bullshit stuck them for a second.
They were on it from square one.
And there was basically one juror who was a little hesitant about certain of the ideas of...
I don't know, free expression.
Not necessarily even free speech, but just sort of like, hey, you can compensate people, but you also just kind of have to tolerate evil businesses existing.
But every other juror just saw through that immediately was, these people are scum.
This is just absolutely horrible.
Once we were able to talk to them, they gave us their feedback after the trial.
It was clear the message they were sending for 100%.
And we really didn't know because like you say, You know, my brother actually told me about this.
He was saying, this trial, it's like trying to get your mom to start watching the Marvel Cinematic Universe, and you're like, who are all these fucking characters?
Like, why is Harry Styles showing up at the end of Eternals?
I don't think you saved his life necessarily, but I do think you might have saved his license because if Reynold really did go after him, I have no doubt Mark isn't going to be like, can I get the cops nearby?
Let me tell that story, because not all the listeners kind of understand this, right?
So let me just set up this seminal moment of him flipping me off and doing the whole thing, is that immediately preceding that, I had basically managed to have a large swath of his evidence excluded, because he just doesn't know his way around civil law.
Poster board.
Yeah, it was bad.
I got all of his videos out.
He was upset.
And he had also just been cheered out by the judge for three different things.
He was hot that day.
And so, like, as we're leaving the courtroom, he gets, like, right up in my face.
Like, seriously up in my face.
Like, eighth grade schoolyard stuff, like, where he is, like, right up in there.
And, like, we're having to, like, kind of diffuse it a little bit.
But so what I say is, it looks on the camera like I'm being super, super reasonable to him.
And what people who don't watch the jury selection know is that this dude started jury selection by going up to every juror, being juror number one, Miss Rodriguez, whoever it was, right?
You know, Miss Rodriguez, will you talk to me?
And they'd be like, I guess.
And then before they could even say anything, go to the next juror.
Juror number two, will you talk to me?
Juror number three, will you talk to me?
And he did this for 16 straight jurors, and then it got so goddamn awkward that he would just be like, Third row.
When I said that to him, which on the camera looks ostensibly like I'm being a peacemaker and trying to calm him down, it was just an absolute kick to him.
It was just...
You were trolling a little.
So he shot the bird.
But what you'll notice in that video, I have stopped paying attention to him by that moment.
I'm looking over and talking to somebody else.
I didn't even know he did it until the next day.
And yeah, the judge was absolutely furious about him doing all that.
And you want it that way because you want them to do that fucking bullshit song and dance where they did where they tried to humanize the guy or made something that he did reasonable.
You don't want them cleaning up what you just did.
And you'll notice when Reynold got devastated on that, he stood up and asked just a couple of questions and they were basically questions designed to protect himself.
When Kyle was presenting his closing arguments, Raynaud was on his laptop.
And I can see just enough of the glare of the screen to see the giant Costco logo on the bottom of an email.
And so I know that Raynaud, while Kyle is closing, is having to feverishly communicate with the Costco lawyers about the medical records that he should not even check.
And part of it does come down to that there was such a dramatic repudiation of Jones in the courtroom where he fell into space.
That adds to it.
But the entire thing, because they know what's happening now.
They know where things are going.
They know the other cases that are coming.
They know everything.
All of it just makes them feel like they just put a battering ram through the fortress and it's all crumbling down.
I'm literal when I say in some ways it was like they were seeing the sunshine again for the first time.
They were really seeing a future where they weren't constantly thinking about this, where they weren't having to feel like...
This is a real important thing that I remember about What Scarlett told me is that when you're a parent, it's your job to protect your child.
And she was like, I couldn't be there on December 12, 2012 to protect him.
And when he died, it became my job to protect his legacy.
That was my job now.
And that's what I've made my whole life about.
And that's what I'm trying to do with the movement to counteract this stuff.
But you feel like every time you see this Jones stuff, every time you have these people contact you, every time it happens, you feel like you're failing your child again and again and again.
And she's like, it's over now.
Only the absolute most batshit crazy people believe this stuff.
There is a small part of me that maybe I'm just such a pessimist that I worry a little bit about people being redoubled by the consequences that come to Alex.
It being a galvanizing thing of folks harassing more.
I found that to be one of those moments that I wish more people had talked about.
That idea of Alex inviting them on his show is so disgusting to me.
The idea of having them on saying, I guess, borderline nice things, and then I'm almost going to assume that he would be like, and also, you know I'm right to question this whole thing sooner or later, and then sell his bullshit.
A borderline offensive from Jones, but Jones is a madman, so whatever.
But what's really offensive to me is I expect that from Jones.
What I did not expect is to hear cross-examine of the plaintiffs of, well, did you ever try to get with Jones and work this out and work through your trauma with Alex fucking Jones?
Did you ever try to do that, Ms. Lewis?
And I'm just like, you're disgusting, man.
Like, you're just straight up disgusting.
I don't know.
Like, that and the quoting the anti-Nazi poem in the end, and you don't even get it right.
Of all the decisions that Reynold made, which were terrible, and all of them were, the one that really caught my breath, because I was in the court that day, but when he decided to cross-examine both Neil and Scarlett, I gasped.
I was like, there's no way you can possibly think this is a good legal strategy.
To badger the people that we're talking about you defaming.
That is another kind of point about that is that one of the hard things that you guys, one of the hard jobs I'm assuming you guys had was trying to impress upon these people that $150 million is not a huge amount of money.
Do you know what I mean?
That is what he made.
He made twice that in a year.
If he makes calls to a million dollars every day, he made twice that in a year.
You put on a certain case at trial based on the evidence that's really out there in front of you based on what his revenues are, what his net worth is.
The reality is Mr. Jones is a shitty businessman.
If we hit 10 million bar, we know anything above that is just messaging at that point.
Because once you were starting to talk 10 million, you're starting to average those out to the Lafferty plaintiffs.
Well, and there's rippling effects of those, like, kinds of judgments that will just impact his business in ways that are, you know, not just directly you have to pay this.
There are other things that will have those, like, the ball rolling down the hill for him.
If the evidence that's out there, right, if the evidence that's out there that can be used to surmise, hey, this guy should have $100 to $200 million, assuming he's not a total moron, right?
Like, that's basically the economist's conclusion.
I can understand the temptation by somebody like Reynold to attempt to inject into the first part of the trial claims that Alex has a low net worth.
I can understand the rationale for money to do that.
I can understand why Jones wants to say that on the stand.
What I can't believe is that they allowed it to happen, that Jones gave testimony under oath about his financial condition before a bankruptcy proceeding.
On a less prison-y note, I will say that the amount of help and support that we had throughout this trial from Y 'all have to have the most loyal fan listening base of all time.
I mean, there were multiple people sending us clips that were in live time of when they were being put out by Infowars.
We had the Connecticut lawyers were helping us out as much as they could.
They were watching.
We had lawyers that we're friends with that did the Fetzer trial for Lenny Posner.
They came down and helped with the last few days.
We had friend lawyers that came in and out that were helping.
Our bankruptcy lawyers were there.
They were helping.
My girlfriend helped me prep the medical expert that I put on, Dr. Lubitz, and really helped us with him getting cross.
Just the amount of people that were willing and offering all of this stuff.
The second time it happened was Mark and Raynall had just got done with some sort of battle in front of the judge, and it didn't go their way.
And I went to the bathroom, and he was next to me, and I just looked over, and I looked back, and he goes, man, it's like watching a couple of gladiators go at it in there.
And he's kind of standing there in a daze looking at me.
So I take the opportunity to just turn over to him and I just look him right in the eye.
And I say, hey, by the way, I should also let you know that within those directories was contained the entire confidential psychiatric medical records of the Lafferty plaintiffs, as well as all of their confidential depositions, which neither you or Mr. Rayna are allowed to have.
So that seems like another problem that you're probably going to need to tackle immediately.
I've gone ahead and notified the plaintiff's counsel in Connecticut that this happened.
While we're talking about other lawyers, I need to touch on this because there was Bobby Barnes on Infowars and he had some choice words about you, Mark.
And it was because I had just been back just like maybe 30-45 minutes before watching a video with our judge of Barnes giving a simulated opening statement and talking about pedophiles and stuff like this with the judge.
And I was like, look, at that point I brought it up because I wanted to ask Mr. Raynaud Look, nobody wants a gag order, but now stuff is getting said about the judge.
Can you get a hold of your client and his slapstick version of a lawyer?
Can you please do something about that?
And of course his answer is, no, I can't do anything about that.
So, and I mean, he said, like, I mean, he told me personally, I don't think there's any, he wouldn't have any problem saying this, is that he spoke to Barnes about this.
Like, he tried, right?
Like, there's no, he doesn't want this to happen.
He's certain, Ray Knoll was certainly not pleased when a couple days later, I'm literally playing to the jury.
Like, video of Barnes talking shit, saying this is all rigged to a script, a literal script.
There's videos of them calling her a pedophile, judge on fire, all this stuff.
The thing that I just can't get over with is that he is the guy that Alex had to write an affidavit about to a court to say he has messed up everything and please don't punish me because we are getting rid of him and we will never have to hear from him again.
And then his corporate representative comes in and testifies that they're Thinking about suing him for malpractice.
And then now, as all the rats scurry from the ship, sort of like a Giuliani situation, he's the last one left.
There's a sinking ship.
Everybody knew to get off it.
There's ten lawyers who all made smart decisions to get out of the case.
I will say that I want to say something nice about Brad because if it wasn't for Brad's forthrightness and honesty as an attorney, we likely would not have discovered some of the other malfeasance that occurred.
When the shit was hitting the fan on that, Brad Reeves was not about to risk his license for these shenanigans, and he didn't.
And so I gotta say something nice about him.
And then he withdrew when it was time to withdrew, when it became apparent to him that any effective representation...
I said, you don't want to be a part of this, and he didn't.
But no, I will say Brad was the only one.
I mean, he inherited the shit that everybody inherited.
That was already made.
And he tried.
But there was just, with us pressing the way that we were, excuse me, with Mark pressing the way that he was, you know, he couldn't keep up with that, plus go back and try to figure out the mess that was made.
And finally, he was like, with no client, you know, what appeared to me to be no client helping him or control, he was just like, I'm out.
See, this gets to another thing about the sort of Raynald dynamic, is that, like, you know, in the same way that Reeves inherited a lot of this, Raynald did as well.
But he probably was the least lucky of all of them because...
And look, we were sneaky about it because we always are.
We had the ability to bring experts whether testifying or consulting into depositions.
They have to sign a protective order though.
And so we had to have to sign a protective order.
And we brought that.
With other documents that we were giving to Brad Reeves, and as we were at the start of the deposition, he was just too busy to understand or even care to want to look too closely at it.
So he's got the acknowledgement of the PO, and he's got some of these other documents.
He isn't like, okay, now I'm going to start Googling who this Dan Friesen guy is.
And I think that directive, I mean, look, you don't know if that was a lawyer strategy move to try to do that at that particular time, or if that came down from Jones himself of like, goddamn podcaster, I can't believe they put him in the room.
You know, like, I don't know what it was, but they weren't happy about it.
So one of the other things I wanted to touch on and get to is the protractedness of the case.
It's all frustration.
Constant roadblocks and everything.
And then we get to the case.
And I don't know what your experience was like.
This is what I kind of want to know a little bit more about.
Even in the process of the trial, There was a sense of pretending that it wasn't a damages hearing and that it was actually an innocence or guilt kind of trial.
Did that feel like an extension of all of the bullshit coming into the trial itself?
That was semi-invited by us in a way, because by the way we were going to put on the punitive case, we were kind of making it about all of that again.
We did a lot of heavy focus on just how bad their conduct was, because that's what determines the amount of punitive damages, is how bad they were.
So the exact same evidence that we would have shown to show that they were liable, with some rare exceptions of some things we didn't have to prove by prima facie evidence, like whether they published it or shit like that, all that other evidence would have been the same.
In a regular trial, if this default hadn't happened, that trial would look largely the same.
And so, because we were the ones who cast it as that, because obviously, you want to...
Front load these punitive damages.
You want that to be the thing you want the jury to be thinking about so that whatever your compensatories are, you get a boost on them.
Again, even more importantly to consider, five years they have pushed this back, pushed this back, and at any point in time, if they had just said, fuck it, we quit.
You win.
We'll pay what we need to pay.
Text messages don't come out.
I don't understand how big a deal it is that they really shot themselves in the foot.
They're going to end up with this judgment that we have.
I'll tell you, these plaintiffs early on, if they had just brought the suit and Jones had come to them with an amount of money below this verdict and had done a sincere apology and pledged never to say Sandy Hook again, I think they would have taken it back in 2018.
If you were to shut down Infowars as an existence and take it from Jones, and Jones can never use the word Infowars at all, you could launch a new website called Infowars that is legit independent media criticism that does it really well and really right, and the novelty of relaunching Infowars that has been stolen from Jones and relaunched as a good thing.
And it would be too hard to pull up a Wikipedia article on it for her.
Man, I think that they made a bit of miscalculation allowing her to, first of all, be the corporate representative and then testify, because I think that exposed her to more of the world, and I don't think that image was good.
I definitely know because he played a bunch of games with my process server and set him up to meet him somewhere and then disappeared and like took off out of, you know, I went on the trip kind of thing.
They said they didn't control him, and this was back in March, and then a few days later, they had him sign as 100% equity holder of Infowars LLC, sign a bunch of bankruptcy documents.
I'm like, this is bad, so that's another thing that our notion's about.
But it was weird that I thought each of the Infowars witnesses had their own weird vibe at trial, that the first one with Daria was like, that had the theme of the style and rhetoric of a CIA black site interrogation.
And then...
Owens had the theme of a father who is finally done with his dumb frat boy son's shit and just has caught him for the last time on everything.
And then the Jones thing was just on another planet.
People keep comparing it to...
Phoenix Wright, Ace Attorney, the video game with the lawyers, and they do the sound effects to it.
Beyond Scarlett's testimony, the thing of this whole experience, being in the room for the Super Bowl picture questioning in the deposition itself will live on in my memory as one of the more visceral things that I've felt.
You're sitting by on the side, so you're having to process it emotionally.
Me in the moment, I am conflicted by two emotions.
One, absolute revulsion and anger at her, but that is so tempered and put to the back seat by the fact that I know that I have just accomplished something phenomenal for my clients.
I have just put them this much closer to what they need to accomplish.
The one thing I will say is that when you go through trial, you get close to your clients.
You don't have a choice.
You're with them every day and you talk with them and that's where you get to really appreciate them as people.
And the more and more that I met Neil and Scarlett, you know, at times I would, you know, at times you get frustrated for certain things that I'm not going to, you know, nothing bad, but just to kind of...
Some of the surrounding circumstances that were going on outside of us in the case that were going on during the trial.
But I will say that they, it was, there's a...
A surrealness feeling whenever they both took the stand and they told their stories in completely separate ways.
And I think when that happened, you know, it didn't happen until day five.
And so everybody had heard this ridiculousness and craziness and there was all these moments of just witnesses getting bloodied over and over again.
And then all of a sudden they took the stand and the mood shifted a little bit.
And even for me, and I know for, I think, all of us.
We talked about it more.
When that moment hit, it kind of got me back on track of like, let's go light this thing up for real.
As fun as those moments can be professionally, when you hear from the person that you represent how it actually affects them, it empowers you to really put your foot down on the throttle.
You can see that that's kind of what happened.
After that, it was just like a bunch of surgeons in an operating room just cutting things down, and then it all kind of got put back together.
You guys, I've met you, I've spent time with you, and it seems like you have such an ability or a willingness to connect with your clients, be it the Scarlett Neal or Marcel.
There's a care that you have about your clients themselves outside of the context of it being your client and the case, the sort of cut-and-dry nature of the case.
And it's one of the things that...
Particularly offends me, I guess.
Maybe it's me taking something personally that I don't need to, but about when Alex describes you guys as like ambulance chasers and this, to know how much you all do actually care, it adds an extra layer to that that I think is so undeserved and, I mean, obviously...
It's not all about you guys, but there is an angle of that that sucks.
We hate other plaintiffs' attorneys because there's a personality.
Your view on us isn't necessarily a wrong one.
I would say that we're in the minority, but it's not as small of a minority as you'd think.
There are a lot of...
Plaintiff's attorneys that do personal injury work out there that truly do do it for the right reasons and in the right ways.
You just hear about the bad stuff.
It's overshadowed by some attorneys that have pushed certain limits that they shouldn't have or done things that they shouldn't have.
That's always going to happen in any profession.
When you guys have Wes and Kyle on, they'll tell you.
They have decades worth of stories before I do.
They have clients years and years later that are quadriplegics that'll still text them and they check up on them and they keep up to them because you do care.
It's hard not to.
It's rare that you're going to go do a case where somebody got rear-ended in a school zone and has $30 worth of chiropractic and you're going to take it to trial.
Those are the trials we do.
So if we're trying the case, it's significant.
And because of that, we try hard not to get too emotionally invested.
Because it'll mess with our performance on how we do our job.
But at the end of the day, it's impossible not to care about these people because there's been very few people, if any, I can't think of any off the top of my head that deserved what happened to them.
I mean, Barnes has done a little plaintiff's work himself, so I don't know how he does with his plaintiffs, but I know there are some who just do mercenary.
They're on all sides of the aisle.
But I've always said, clients have never paid me up front in any case I've ever done.
I've always taken money from some bad person or evil corporation and given it to them.
Growing up, I wanted to be either Robin Hood or Blackbeard, and I got to be in both.
That's really what I do, is I feel like I'm both of those things.
And it's been really rewarding to have all of the accolades, all of the stuff.
I'm not going to lie, it's been good.
It's been really nice.
And I was getting a lot of that before I got home.
And then I got home, and I walked in the door, and my son Ben comes up to me, and he's getting close to eight now.
When I first took these cases, he was six.
And he was, you know, the same age as these kids when they died.
And he was born on the same day as Noah Posner.
His first birthday is Noah's first birthday that he wasn't around.
unidentified
It was in 2013, the first birthday Noah had that he wasn't around.
One of the writers for Law& Order did a tweet that was like...
If I would have written a script based on what's going on in the Alex Jones trial, I would have immediately been fired from that conference room because there's no fucking way that was ever going to happen in real life.
Well, we'll talk soon, and I'm sure in the lead-up to the Posner trial, if the bankruptcy doesn't all derail everything completely, we'll have some debriefing to do there.