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Case And Evidence
00:10:40
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| All right, well, Harvey Weinstein is being retried this week in New York. | |
| Being against him seemed like an open and shut case that basically launched us into the Me Too era. | |
| But something that was not obvious to everyone is that he may not have had a fair trial. | |
| And we're not advocating for Harvey Weinstein. | |
| We're advocating for equal justice under the law. | |
| What is there that the mainstream media won't tell us about? | |
| Well, Lionel from Lionel Nation is a litigator and constitutional expert. | |
| His Lionel Nation YouTube channel breaks all this down. | |
| He's been following Weinstein. | |
| He's been following Diddy. | |
| He's been following Epstein. | |
| So, Lionel, thank you for joining us. | |
| What is there to retry in the Weinstein case? | |
| Oh, I don't hear you. | |
| Do you hear him? | |
| Oh, he's muted. | |
| Oh. | |
| Thank you. | |
| Thank you. | |
| No, not yet. | |
| There we go! | |
| There we go! | |
| All right, yeah, what's there to be seen? | |
| Yes, in the case of Harvey Epstein, which I think is a perfect truncation of both of them, here's the bottom line. | |
| The reason why this was overturned, and I'm 100% for it, is that there is something in law called prior or similar fact evidence. | |
| And in New York, there was a case in 1901 called the Molyneux case. | |
| And what it means is this. | |
| If you, as a prosecutor, have to prove something like intent or plan or lack of mistake, I can use your prior instances of wrongdoing. | |
| That you have not been charged with to make a case. | |
| Let's say, for example, Natalie, you're charged with arson. | |
| And in prior arsons, you used a particular way of taking baby dolls and soaking them in gasoline. | |
| This is actually kind of an example that's used. | |
| And you had this unique MO, this thing that you did every time you left playing cards and a note. | |
| And we don't know who it is this time, but this arsonist... | |
| Did exactly what you did in a prior case. | |
| Under the cases of similar fact evidence, I can bring that before a jury to say, see, this is Natalie, because this behavior is similar to other behavior that she might not have been charged with. | |
| That makes sense. | |
| If there's confusion, if there's a reason. | |
| In the case of Harvey Weinstein, why do we have evidence for cases of other women? | |
| Claiming he attempted to abuse them. | |
| What's the purpose of this? | |
| There was no question as to who it was. | |
| It was Harvey Weinstein. | |
| He didn't have a unique M.O. He didn't say anything. | |
| There was no evidence. | |
| There was no benefit other than to tell the jury, where there's smoke, there's fire. | |
| And if you don't find them guilty of this one, well, this no-good SOB did this in the past. | |
| And that is precisely what the appellate court said. | |
| Other people are saying, no, no, no, this is an attempt to address the Me Too movement, and I'm all for that. | |
| But the problem is when relevant evidence, so-called relevant evidence, is so prejudicial that a jury says, well, you didn't tell me about these other cases. | |
| Well, he must be guilty then. | |
| And that's where we're headed. | |
| So I don't like him, and between you and me, he probably did everything they said he did. | |
| Oh, 80 women? | |
| We've heard about this creep, but this is a courtroom. | |
| Whether it's Donald Trump or Harvey Weinstein or anybody, you have to ask yourself, why are we talking about this case with these victims, this evidence, now? | |
| Who cares what he did before? | |
| If I could give one more example, that happens all the time. | |
| In the case where there's a terrible case, let's say of a child who's murdered, this happens more often than not. | |
| You have to identify the body. | |
| You have to identify the deceased. | |
| In the old days, prosecutors would show the worst picture, the most horrible picture of the child, let's say, in the morgue, to, let's say, a mother. | |
| The mother would scream, that's my baby! | |
| And courts would say, wait a minute, that's relevant, of course, the identity of the deceased, but this outweighs any prejudice towards the defendant. | |
| We have to balance this. | |
| I don't care if you're Son of Sam, Harvey Weinstein, or Harvey Epstein, or anybody for that matter. | |
| You don't need this. | |
| Why don't we just take the words of these women alone? | |
| Tell me what happened. | |
| Where were you? | |
| But how can they do that, though? | |
| Because every juror... | |
| Is going to know the reputation of Harvey Weinstein. | |
| So you can't say, forget that he ejaculated into a plant or was mean to Salma Hayek and abused her on set or anything. | |
| And let's just see, did he do this thing to this one victim and was it rape? | |
| They may not know that. | |
| I'm sure, listen, this idea of people, everybody is, do you think Diddy can get a fair trial? | |
| Do you think, you know, the last time we ever had a change of venue, remember that relic from time gone by? | |
| I think the best case ever was, this is before your time, Murph the Surf. | |
| This guy was so, they, son of Sam Shepard was another case where the, you know, the evidence. | |
| Do you think O.J. Simpson, do you think today, In this world of social media that we live in, anybody can go anywhere? | |
| Of course not. | |
| But it's one thing, Natalie, to say, oh, I remember the thing about the planter or about this. | |
| Or maybe I don't. | |
| But when I have women in a courtroom who said, well, let me tell you something. | |
| You're on trial for parking tickets. | |
| And somebody brings up the fact that you were charged with shoplifting at a Costco. | |
| Wait a minute. | |
| What does that have to do with anything? | |
| It shows a criminal propensity. | |
| Well, that is verboten. | |
| Now, I know this guy is a creep, but here's the question. | |
| What defense does he have? | |
| You don't need to do this. | |
| Put a woman on the stand and say, here's what happened. | |
| This is what he did. | |
| This is where I was. | |
| This is what he told me. | |
| And that's it. | |
| Harvey's not going to take this can to refute it. | |
| You don't need this overkill. | |
| And plus, let me ask you this. | |
| What about having women outside the courtroom chanting his name? | |
| Chanting, you know, basically, hang him. | |
| It's like a lynch mob outside. | |
| Do you think anybody deserves that? | |
| Now, it's hard to tell people. | |
| Outside, whether you can protest or not. | |
| But when it seeps through the windows, I mean, listen, you're going to find the guy guilty. | |
| Give him at least a chance. | |
| And I'm not suggesting he has any kind of a defense there is. | |
| But this similar fact of it is prosecutors are too lazy with it. | |
| There has to be a reason, especially if there's a case it has come in handy before where you have somebody who is, let's say, kidnapped. | |
| They can't ID the defendant. | |
| He wore a mask. | |
| Well, in this other case, he wore the identical mask, people. | |
| So that makes sense. | |
| But even he deserves this. | |
| And let me tell you something. | |
| He and Diddy and others, once you're charged, let's face it, you're through. | |
| You are done. | |
| You're finished. | |
| And I'm going to say the worst thing, friends, that... | |
| Harvey Weinstein has so little jury appeal. | |
| He's hideous. | |
| He's disgusting. | |
| There's nothing about him. | |
| He's no Luigi Mangioni. | |
| There's nobody out there. | |
| Taylor Lorenz is in love with him. | |
| Maybe she would. | |
| The criminal justice defines and requires that we give people a fair trial. | |
| Not a perfect trial, but a fair trial. | |
| Give the guy a break. | |
| You don't need three witnesses. | |
| Yeah. | |
| Yeah. | |
| Well, we got to leave it there, Lionel. | |
| We are such a jam-packed show for you. | |
| But I think you're right, and I think you're absolutely right that he is a hideous human being. | |
| He's a hideous-looking human being. | |
| A lot of people in the chat are like, wow, that guy is just repugnant on every level he is. | |
| I hope you're not talking about it. | |
| I guess the question, though, that still remains is, though, if they did not give him a fair trial, if they sold us this, you know, Worse than he already was story. | |
| To what end? | |
| What were they manipulating us to rally around the Me Too movement? | |
| What did we get from it and what weren't we told? | |
| So those are questions we'll continue to explore. | |
| Again, we're not advocating for Harvey Weinstein. | |
| We're asking what were we collectively invited to champion and to what end and who gained power from it? | |
| So those are the outstanding questions. | |
| Lionel, great to see you. | |
| Thank you so much on a busy news day on this Tuesday. | |
| We appreciate it. | |
| It's always great to see you. | |
| Thank you, friends. | |