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You know, Mr. Schnerdley, I pride myself on being a great communicator.
But I apparently am failing today.
The question I'm asking about the OS and new phones, I'm getting a lot of answers, but none of them are the answer.
I will explain in a moment.
And I'm not.
Look, I don't want to waste your time with this, folks.
It just happens to be something I'm it's a tech matter.
I'm profoundly interested in.
I'm going to find out how they do it one way or the other.
And I figured, you people, I've got the biggest collection of Americans at my disposal that anybody has.
Somebody out there has got to know the answer to this.
I've tried to find it for a year.
At any rate, before we get back to that, here's what the prosecutor said.
The prosecutor is James P. McLean.
He's the Atlantic County prosecutor dealing with the Ray Rice situation.
He said what people need to understand, the choice was not PTI, pretrial intervention versus five years in state prison.
See, Rice opted for an intervention program where you agree to go into state-sponsored rehab, essentially, to get yourself fixed and do it right.
You can save everybody a lot of trouble by not having to send you to jail, and if you pre-if you complete the program fine, expunge the record and do all of that.
Now, what McClain's is people need to understand the choice was not between pretrial intervention versus five years in state prison.
The choice was not PTI versus the no early release act on a 10-year sentence.
The parameters as they existed were is this a pretrial intervention case or a probation case?
So am I going to put him on probation or am I going to get him into pretrial intervention?
Without serious bodily injury, McLean said he couldn't charge Ray Rice with anything more than third degree aggravated assault.
McLean, the prosecutor said that in New Jersey, third degree aggravated assault charges carry a presumption of no incarceration, even with conviction at trial.
And he responded to this because so many people were like our uh our guy for the caller from Austin from Joey, who said, you know, you can talk about Goodell all you want in this, and you can talk about.
Well, what about the prosecutor?
Why didn't they do an Ingeda?
So McLean is answering it now.
Take it as you will, believe him or not.
But that's that's what he said.
Now, now, ESPN, ever on the case now.
In fact, in fact, in fact, I gotta find him, but you gotta.
Yeah, stand by on uh starting at audio soundbite number five.
Anyway, ESPN is claiming that less than one percent of domestic violence assault cases in New Jersey end with what Ray Rice got.
This is pretrial detention.
This is why people are looking at the at the prosecutor, Mr. McLean here, and wondering if he wasn't starstruck and groupie-like, and uh and let Ray Rice off easy.
Because ESPN claims less than one percent of domestic violence assault cases in New Jersey end with what Ray Rice got, PTI.
In the past four years in New Jersey, according to ESPN, there have been 15,029 domestic violence cases involving assault.
Only 70 of them, or 0.47% have ended with pretrial intervention that the prosecutors gave Rice.
So ESPN is claiming that Rice got a sweetheart deal.
Because he's in that 4%.
Less than 1%, less than half a percent, actually, group of people.
So the prosecutors coming under fire, the prosecutors responding, and an ESPN, the non-political sports network, is responding.
Well, you know, that doesn't really jive here because uh it it looks just like uh like Ray Rice did get a sweetheart deal.
Now, once this is this is from the uh from the Boston Herald, and this is from a piece and opinion piece, thinking that the prosecutors fumble the ball, you know, didn't do the right thing.
Uh once they've made a decision to give pretrial intervention, it's a promise from the government, said Joe Rim, former New Jersey prosecutors.
It's like a contract.
The government cannot start breaking contracts.
The government couldn't go back on the deal once it was made.
But he didn't have to make the deal.
See, that no matter what is said here, they're still going to come down on everybody involved because it's assuming Ray Rice got away with it.
Until he didn't.
It's clear that there's a lot of people want Ray Rice in jail, that he should have been in jail, and they're going to take the angle that he would have been if it weren't for sweetheart treatment.
And groupie like uh sports stars get off easy treatment, this kind of thing.
Now the Boston Herald says there are some narrow circumstances when prosecutors can go back on their promise, but they are rare.
Basically, Rice or his lawyer would have had to lie about what happened, and that assumes that prosecutors didn't already have the tape, which is a huge assumption, because they did have it.
It doesn't matter.
Folks, this isn't gonna go away, no matter how much you wish it would, no matter how much you wish you could just tune in sports and see sport.
This isn't gonna go away because now Goodell has hired four women to oversee the entire NFL policy making apparatus on sexual abuse or spousal abuse and and what have you.
The official program observer, Bullsnergley, with a question for the host.
What's the question?
Um he's appealing to the NFL, his suspension.
Ray Rice is essentially, and I think he's got to do this.
He's basically appealing on double jeopardy.
He was given a two-game suspension and fined $500,000, and nothing changed in what he had done except a video showed up, and everybody was outraged by the video, and there's a lot of pressure on the commissioner.
So here are the here are the stages.
Ray Rice is seen in a video dragging his wife unconscious out of the hotel, goes to the New Jersey legal system and gets pretrial intervention.
NFL comes along, examines it, examines it, takes some time, gives him two games and a half million dollar fine.
Which means if that had held, he'd be playing this coming Sunday.
Well, Good Elder, good good uh Goodell is the Goodell or uh there used to be a guy named um Ray Anderson.
Uh there are a couple of a couple of people in the NFL now that the the uh appealed judges.
Art Shell is one of them, I think a former coach and player for the Raiders, and I forget who else.
I I got looking, I'm really speaking out of school.
I don't know if those are the two the guys that will hear it.
But forget that for a second.
The reason Rice has to do is because he's claiming double jeopardy.
So look, I got two games, and the players' association, they're the union.
They've got to stand up for their guy for future events like this.
This is his living.
Okay, I got two games and a half million dollar fine, and I didn't do anything else.
And now the next day, I'm out of the game forever.
Where's the justice?
The legal system didn't put me in jail.
The legal system didn't tell me I can't earn a living anymore.
Legal system do anything.
all of a sudden I got two games.
I went and I told the truth to the commissioner.
I told him what happened in the elevator.
This is his story.
I told him I slugged my wife.
I didn't lie about it.
Ozzie Newsom, the general manager of the Ravens, says, yep, Ray told the commissioner truth.
Commissioners saying, well, it was ambiguous what he told us.
We're not sure.
It's a mess.
But they're appealing because it's essentially double jeopardy.
He's being penalized twice for the same event.
And the only difference is the appearance of the second video from inside the elevator.
I mean, I think as a legal matter, the players association of union has to appeal this, regardless of the outcome.
They've got to make a stand on the double jeopardy aspects alone.
Even though the NFL is not the legal system of the United States, the same principle still applies.
And I don't, I have no idea how it's going to turn out.
I doubt he's going to win the appeal.
I mean, in this climate, anybody in the NFL is going to relent on the permanent suspension.
There's nothing about sternly, there's nothing about fairness going on here.
This is all politics now, bud.
Every shred of this is politics.
What's it gonna take for people to figure this out?
It's all politics.
You turn on ESPN about this, the NFL network, it's all politics now.
Pure and simple.
So that's why Ray Rice is appealing.
People are offended at that.
I gotta tell you.
There are how dare he appeal.
He should be a man and take it and be glad he's still alive.
Now he's out there appealing this.
Because he is claiming that he's been deprived of ever earning a living in this business again.
I don't know if he can sue the.
I mean, anybody can sue anybody.
He could try.
I mean, whether it gets anywhere, whether he would do it, I doubt he's going to do that if he if he look at the suspension is not permanent.
It's for a year.
He could be reinstated.
But if he sues them, he's not going to be.
What?
No, it's in, it's indefinite exactly.
But it's at least this season.
Uh but there have been all kinds of indefinite suspensions that have been lifted after a year.
Defensive coordinator for the Saints, Greg Williams, the coach of the Saints, uh Sean Payton.
Uh, every, every case has been uh has been different.
But all of this is a side show to what really is happening here in the terms of the politics of this.
This is just this is conks, I'm gonna tell you something else that's gonna happen on this.
You know, the Democrats listen to me very carefully on this, because I don't know how this is gonna manifest itself yet, but it will.
The Democrats are facing electoral disaster in November.
And they've got in their minds, they've got two things they can do that might mitigate the size of their upcoming defeat and maybe even turn it into a victory in terms of keeping the Senate.
And that is the race card, and believe it or not, the war on women.
And do this, what is happening in this whole business here could be massaged and bent and shaped and formed to fit perfectly into the Democrats' version of the war on women.
Now, I don't think any of these guys charged with this are Republicans.
I think they're all Obama voters or Democrat voters.
But as you know, that isn't gonna matter.
The war on women has been a bogus, flawed, stupid, idiotic premise from the beginning, but apparently women bought into it.
However, as we mentioned to you last Week.
There have been two polls, Washington Post and New York Times, which both show that the Democrat Party has lost tremendous support of women voters.
And Obama particularly specifically and the Democrat Party at large.
And believe me when I say they think that they're totally contrived and made up war on women worked like a charm.
They think it was brilliant, and they will try to revive it, either not on the back of this thing, but maybe closely associated with it.
For example, if if anybody, you got to be very careful.
If if for you all you would have to say is, well, you know, domestic violence is not just male on female.
There are a lot of women who beat their w Democrats will write in on whoever says that and paint them as a typical Tea Party conservative Republican, anti-feminist, and he would you know that as well as I do, they're capable of anything.
So this is this is totally, well, majority political right now, where it is and how it's going to be dealt with and how it is built upon.
And it's being built on.
You get the CBS pregame show on Thursday night.
Look at some of the pregame shows yesterday.
I show you what I'm talking about.
We get some audio soundbites here.
Let me take a quick timeout.
We'll come back.
We will continue and resume with all the rest of the citing remainder of the program after this.
Now, by the way, a point of clarification on the Ray Rice appeal, double jeopardy is a federal proposition.
It probably does not apply here in a legal sense, but I have heard an NFLPA, players union rep say that the reason they're going to appeal this is that Ray Rice was punished twice for the same event, and it kept getting worse when nothing changed.
So Double Jeopardy is a is a is a federal constitutional premise, and I don't know that the NFL even has a double jeopardy premise in there.
You know, the NFL policy manual anymore is good.
The rules of the game are probably you know an eighth of an inch think, and the rest of the policy is probably the Smithsonian Library on criminal activity and the sanctions for it.
It's just incredible here.
And no, I've not I've not forgotten my Apple question, but I'll get to that in the next half hour.
Let's go to the audio sound bites.
Here is this is October 5th, 2003.
This is the Sunday after I resigned the ESPN pregame show.
I I don't want to waste time resetting the table on that.
Uh I said something the previous Sunday that nobody even reacted to until two days later on Tuesday, and it was local Philadelphia media that reacted to it.
But the studio hosts, my co-hosts on the Sunday morning pregame show, the next Sunday, every damn one of them.
Rush promised he would never bring politics to our state, and he did.
Hey, hey, hey!
Rush promised he would never bring cultures to us, and we should have never hired Rush.
That was the tact they all took, and Tommy Jackson, who would not take a phone call from me.
I probably shouldn't get into this.
Tommy Jackson had this to say.
Just one now, I want you to measure what you hear in this soundbite from 2003 to the way ESPN is now when you turn it on.
Let me just say that it was not our decision to have Rush Limbaugh on this show.
Russ told us that the social commentary for which he is so well known would not cross over to our show.
And instead, he would represent the viewpoint of the intelligent, passionate fan.
Russ Limbaugh was not a fit for NFL countdown.
None of that's true.
I never promised anybody.
Those never talked to those guys when I was hired.
I was hired by executives.
Mark Shapiro being one.
And I forget the other two names, but never promised these guys anything.
They were just scared to death because all kinds of negative attention was being attached now to the to the pregame show.
Rush lied to us.
Rush was not a fit.
And what when the incident happened, none of these guys thought a thing of it.
Steve Young even agreed with me.
It wasn't until everybody went nuts two days later.
Anyway, I don't want to rehash that.
Here's Keishon Johnson Sunday morning NFL countdown.
Being a kid at whatever age it was, seven years old, six years old.
I didn't have any knowledge to know that it was wrong to abuse a kid with the switch to the point at times where my parents would even ask me to go out and pick a branch off the tree of your choice, big, small, whatever the case may be, to use it.
But if that didn't happen to me along the way, I wouldn't be here with you today.
It taught me a lot of learning lessons.
I have an 18 down to two, and I have a little four-year-old girl in a two-year-old song.
And I never ever have put my hands on them.
That is the Sunday morning pregame show on Sunday NFL countdown, where social commentary would never cross over to their show.
And anybody who engaged in it was not a fit for NFL countdown.
And yet, now look what's happened.
Look at what all of these pregame shows have become.
They've all become political.
Once again, folks, as been the case, the pioneers, in this case, me, always take the arrows.
Okay, good.
Snurdley found another uh another caller who wants to take a stab at answering my manufacturing question regarding iPhones.
Anyway, get back to that in just a second.
If Jonathan and Fort Wayne, Indiana wants to weigh in on the question.
How are you doing, Jonathan?
Good.
How are you doing, Rush?
I'm fine.
I'm actually doing quite well.
It's a big week.
Hey, my uh my wife is a big fan of yours.
She's been listening to you since she was six years old.
So uh naturally she got me into you too.
Well, God bless her.
What's her name?
Sophia.
Sophia.
One of my all-time top ten favorite female names to boot.
How about that?
Yeah, it's one of the most popular uh female names nowadays, funny enough.
Just be coming back.
Well, cool.
All right, so you have an answer for me on how Apple gets the OS on phones that are already made.
Yeah, I I could take a shot at it.
I used to work at a uh man uh electronics manufacturer um here in town, uh BAE systems, and uh they make um uh airplane engine uh controls and uh also flight controls for boat wings.
So uh I think I have a little bit of uh uh insight, and I also used to work in the sourcing department, so I used to deal with manufacturers of electronic parts and you know, scheduling and all that stuff.
So I I can I can definitely take a stab at what your question is.
Well, what is it?
Oh, the uh the answer.
Yeah, what's that what's the answer?
Well, uh my guess, um uh uh just uh being an engineer and seeing how uh how it's been done.
Um a lot of times the the gold master that you were saying was most likely uh internally finalized by Apple probably about a month ago.
And they probably sent that over to the uh or whoever is putting the phones together to burn onto the chips for the iPhone or the phones.
So um they've probably been uh just putting that in the phones um to get ahead um for the pre-orders.
And um the software that's actually on the chips is probably it's probably not um uh the finalized version either.
Um it probably Okay, so that's so they so they put a beta on just to have something in the original manufactured product.
They put a beta of the software, then they update it right before they ship it.
Okay, that's interesting theory, but it still doesn't answer my qu this is why I'm thinking I'm failing as a communicator.
Let me try it this way.
I it in my quest to answer my question, I found a Bloomberg article on September 11th last year.
Let me read the relevant portion to you.
The hand sets remain in China while Apple software team headquarters finishes work on the iOS software that runs on the device, said a former Apple manager declined to be named because the process is private.
Once a final software version is finished, the software is loaded on the finished phones.
And then it says, before Apple's formal unveiling on stage, phones are shipped to distribution centers around the world, including Australia, China, the Czech Republic, Japan, Singapore.
Said one of the people with knowledge of the matter.
All right.
So we know they manufacture the phones.
Millions of them, folks, before the operating system is finished.
So here's my question.
You've got a million iPhones.
And if you don't like iPhones, you've got a million Galaxy S5.
I don't care what the phone is.
You've got a million phones that are manufactured.
They don't have an operating system on them yet because it isn't finished.
This is only at the at the rollout.
This is not relevant three months from now.
Or next week it won't be relevant.
They'll be able to put the OS on every phone as it's made because the OS is finished.
When they start manufacturing in July and August to have millions of these things to roll out on opening weekend, there is no operating system ready to go.
So you've got millions of phones warehoused.
Now the best guess I've gotten lately is they're not in boxes yet.
They're warehoused, and they are waiting for the OS to be finished.
So you got millions of them.
And if if you don't like hundreds of thousands, I don't care.
You got hundreds of thousands of phones, every aspect of them are ready to go except no operating system.
Then the operating system is finished, it's declared golden master, and it's time to get the operating system on a million, five million, ten million phones.
My question is, how is that done in bulk?
When you're when your assembly line's running, the chip that goes on or in the printed circuit board on the motherboard.
The chip will already have the OS loaded when the when the assembly line puts that phone together.
But at the stage I'm talking about, the OS isn't finished.
So you got hundreds of thousands of millions of phones are sitting in a warehouse.
Then the OS is finished.
Do they do it with Wi-Fi over the air?
Now this Wednesday, for those of you that have an iPhone, iOS 8's going to be released over the air.
You'll go to the system settings to software update, and it'll be there.
And it'll take 20 minutes for your phone to do it.
Download it, install it, verify it, restart, and then you get the setup screen and you put in your Appleite, whatever's necessary and you're off and running.
Now do they do that at the same time on a million phones via Wi-Fi in the warehouse?
Do they do it after the phones are shipped out of China at distribution centers?
I don't know.
I'm just curious how they get an operating system in bulk on millions of phones sitting in the corner over there.
They can't connect them all.
Not possible.
And so far nobody has the best guess is Wi-Fi.
Hundreds of thousands, millions, Wi-Fi.
It doesn't matter to anything.
It's just one of these questions I've always had that I can't find an answer to.
Everybody says, well, Rush, they build a phone and they finish the operating system and they put the system on it.
I know.
I just um how does that happen?
What kind of Wi-Fi system must they have that doesn't get blogged down when millions of devices are accessing?
Or do they stagger it?
They must.
There has to be a simple explanation for this.
And I'm sorry that I care.
But I'm you go there's so many of you out there.
I'm rolling the dice that somebody in this audience will know, and I'm hoping that whoever it is that knows will get lucky and will be able to get through here to explain it to me.
We got a guy coming up on the phone who has a brilliant observation.
Really astute observation.
This is uh Scott in Manhattan Beach, California.
Great to have you on the program, sir.
Hello.
Thank you, Rush.
I was looking at the failure of left-wing talk radio, and the failure of left-wing media, which includes MSNBC, CNN, and the New York Times.
And what I've I've discovered here is that left wing media has taken over sports talk and sports talk radio.
Yeah, that's exactly right.
I think I think you are on to something profound there.
And unfortunately, the people that listen to it are kind of unaware.
Oh, they don't think it's politics.
It's sports.
It's you're exactly right.
That's exactly it's it's it's you that's that's it in a nutshell.
They don't think it's it's like low information, don't think Democrats are politics, the Republicans are politics.
They're the bad guys, they're the ones standing in the way of progress.
Right.
And they've got everything, they've got it all covered.
Global warming, the anti-gun group, the gay BLT group, and you got uh women's right and then race, and the next thing they're gonna be trying to get rid of is the petroleum-based plastic helmets, and then the next thing that's gonna happen is they're gonna find out that there's a pig skin, and the pig skin is gonna be pig related, and it's gonna be offensive to Muslims, and they're gonna have to change the football.
And it's all left-wing agenda.
Folks, do not maybe exaggerating a bit there to make a point.
Uh, but he Scott is on to the way this is playing out.
Because the big see the the secret in this is that the sports talk audience thinks that they are, I don't like talk radio.
I don't like politics.
I need it, and they are they're hip deep in left-wing politics.
And it's not just sports talk radio anymore.
It's television, it's television sports.
I've told, I'm trying to tell people for as long as I've been aware of it that the sports driveway drive-bys are if it's possible more liberal than their news drive-by brothers and sisters.
It it is a stunning reality when you run up against some of them, when they're guests on CNN or when they're guests on MSN, these sports guys start going.
Didn't Keith Oberman come directly from MSNBC and then he's he's ended up on ESPN.
Uh well, he started ESPN back when they weren't political.
Then he went to uh MSNBC, then Fox, then back to M. I think Fox Royal, maybe not.
He was in MSNBC twice.
And then it was a current TV.
But but yeah, a good example.
But he's not by no means the only one.
Right.
And it's it's even more dangerous in in a sense because the people that come on there, because they're talking sports, they're free to meander in conversation and get their talking points in with when you're not prepared for it.
You know, you're talking about someone crossing the 50-yard line before you know it, it's global warming.
And it's it's just sinking in little by little, and they're getting all their points because we're not talking politics, we're talking sports.
And culture and entertainment and celebrity and all the things pop culture are made from.
Exactly.
That's it.
That's a it's uh it's a it's an excellent, excellent point.
No, I'm not far I could give you names of people, but I don't I don't uh the same old philosophy.
I don't want to elevate them beyond where they are.
But some of them are really so far gone.
Uh uh on liberalism.
One of the things that animates a lot of them is race.
If you some of these guys, slavery still exists.
It's big, and everybody is a racist, and it's that's it's a good point.
It's actually it's a it's it's a great, great point.
I'm glad you called Scott.
Thank you uh so much.
Yeah, folks, I know I didn't get a chance to get to Obama and Carrie flip-flopping on what's war and what isn't, and uh the the war on ISIS.
But there's always tomorrow for that.
Uh and and I I just will observe something.
I can't believe that a guy who ran for president on the premise that he was the best community organizer out there can't put together a coalition.
I mean, what what good is it electing a community organizer if the guy can't organize a bunch of allies to join us fighting evil?
What a waste.
What an absolute waste.
And this uh politics of sports, that isn't going away either.