Welcome back, El Rushbo and the award-winning Throw Pact, ever exciting, increasingly popular, multifaceted, all over the place, Rush Lindbaugh program and the EIB network.
Happy to have you here, the telephone number, and the fastest three hours in media is 800-282-2882, the email address lrushbo at EIBnet.com.
You know, Mr. Snerdley, 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. McClain.
He's the Atlantic County prosecutor dealing with the Ray Rice situation.
He said, what people need to understand, the choice was not PTI, pre-trial 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 complete the program, fine, expunge the record and do all of that.
Now, what McClain says, 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 pre-trial 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 guy for the caller from Austin, from Joey, who said, you know, you can talk about good hell all you want in this, and you can talk about, well, what about the prosecutor?
Why didn't they do it in the guy?
So McLean is answering it now.
Take it as you will, believe him or not.
But that's what he said.
Now, ESPN, ever on the case now.
In fact, in fact, I got to find him, but you got to.
I've got.
Yeah, standby on starting at audio soundbite number five.
Anyway, ESPN is claiming that less than 1% of domestic violence assault cases in New Jersey end with what Ray Rice got.
This is pre-trial detention.
is why people are looking at the at the prosecutor, Mr. McLean here, and wondering if he wasn't starstruck and groupie-like and let Ray Rice off easy.
Because ESPN claims less than 1% 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 prosecutor is coming under fire, the prosecutor's responding, and an ESPN, the non-political sports network, is responding.
Well, you know, that doesn't really jive here because it looks just like Ray Rice did get a sweetheart deal.
Now, once, this is from the Boston Herald, and this is from a piece, an opinion piece, thinking that the prosecutors fumble the ball, you know, didn't do the right thing.
Once they've made a decision to give pretrial intervention, it's a promise from the government, said Joe Rim, former New Jersey prosecutor.
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, no matter what is said here, they're still going to come down on everybody involved because it's assumed that Ray Rice got away with it until he didn't.
It's clear that there's a lot of people who want Ray Rice in jail.
I think 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 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 going to 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 going to go away.
Because now Goodell has hired four women to oversee the entire NFL policymaking apparatus on sexual abuse or espousal abuse and what have you.
The official program observer, Bo Snergly, with a question for the host.
What's the question?
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 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, Goodell does.
Goodell is the Goodell, or there used to be a guy named Ray Anderson.
There are a couple of people in the NFL now, the appeal judges.
Art Schell is one of them, I think, a former coach and player for the Raiders, and I forget who else.
Look, 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 it is because he's claiming double jeopardy.
He said, 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 doing 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.
Ozzy Newsom, the general manager of the Ravens, says, Yep, Ray told the Commissioner the truth.
Commissioner's 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 think as a legal matter, the Players Association, the 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 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, thirdly, there's nothing about fairness going on here.
This is all politics now, bud.
Every shred of this is politics.
What's it going to take for people to figure this out?
It's all politics.
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 got to 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.
Look at the suspension is not permanent.
It's for a year.
He could be reinstated.
But if he sues him, he's not going to be.
What?
No, it's indefinite exactly.
But it's at least this season.
But there have been all kinds of indefinite suspensions that have been lifted after a year.
Defensive coordinator for the Saints, Greg Williams, a coach of the Saints, Sean Payton, every case has been different.
But all of this is a sideshow to what really is happening here in the terms of the politics of this.
This is just, this is, folks, I'm going to tell you something else that's going to happen on this.
You know, the Democrats listen to me very carefully on this because I don't know how this is going to 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 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 going to 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 their 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 anybody, you got to be very careful.
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 Democrats will ride in on whoever says that and paint them as a typical Tea Party conservative Republican, anti-feminist, and you know that as well as I do, they're capable of anything.
So 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.
Let me show you what I'm talking about.
We'll 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 exciting 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 NFL PA, a 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 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, 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 forgotten my Apple question, but I'll get to that in the next half hour.
Let's go to the audio soundbites.
Here is, this is October 5th, 2003.
This is the Sunday after I resigned the ESPN pregame show.
I don't want to waste time resetting the table on that.
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 Primacy would never bring politics to our shit.
He did.
Rush Primacy would never bring coaches to us.
And Rush lied to us, and we should have never hired Rush.
That was the tack 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.
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.
Rush 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.
Rush Limbaugh was not a fit for NFL countdown.
None of that's true.
I never promised anybody.
I 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 pregame show.
Rush lied to us.
Rush was not a fit.
And 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.
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 and 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.
Snurdy found another caller wants to take a stab at answering my manufacturing question regarding iPhones.
Anyway, getting back to that just a second.
If Jonathan in Fort Wayne, Indiana, wants to weigh in on the question.
How 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 wife is a big fan of yours.
She's been listening to you since she was six years old.
So naturally, she got me into you, too.
Well, God bless her.
What's her name?
Sophia.
Sophia.
One of my all-time top 10 favorite female names to boot.
How about that?
Yeah, it's one of the most popular 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 could take a shot at it.
I used to work at an electronics manufacturer here in town, BAE Systems, and they make airplane engine controls and also flight controls for boatlings.
So I think I have a little bit of an insight, and I also used to work in the sourcing department.
So I used to deal with manufacturers of electronic parts and scheduling and all that stuff.
So I can definitely take a stab at what your question is.
Well, what is it?
Oh, the answer?
Yeah, what's the answer?
Well, my guess, just being an engineer and seeing how it's been done, a lot of times the Gold Master, as you were saying, was most likely internally finalized by Apple probably about a month ago.
And they probably sent that over to the Connor or whoever is putting the phones together to burn onto the chips for the iPhone, or the phones.
So they've probably been just putting that in the phones to get ahead for the pre-orders.
And the software that's actually on the chips is probably not the finalized version either.
It probably isn't.
Okay, so they put a beta on just to have something in the original manufactured product.
They put a beta of the software, and then they update it right before they ship it.
Okay, that's an interesting theory, but it still doesn't answer my question.
This is why I think I'm failing as a communicator.
Let me try it this way.
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 handsets remain in China while Apple's 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 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've got millions of them.
And if you don't like hundreds of thousands, I don't care.
You've 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, 5 million, 10 million phones.
My question is, how is that done in bulk?
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 assembly line puts that phone together.
But at the stage I'm talking about, the OS isn't finished.
So you've got hundreds of thousands, millions of phones.
They're 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 is 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 applied, 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, 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 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 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 discovered here is that left-wing media has taken over sports talk and sports talk radio.
Yeah, that's exactly right.
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 exactly right.
That's it in a nutshell.
They don't think 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 women's right and then race.
And the next thing they're going to be trying to get rid of is the petroleum-based plastic helmets.
And then the next thing that's going to happen is they're going to find out that there's a pig skin.
And the pig skin is going to be pig-related and it's going to be offensive to Muslims.
And they're going to have to change the football.
And it's all left-wing agenda.
Folks, do not.
I may be exaggerating a bit there to make a point.
But Scott is on to the way this is playing out.
The big see, 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 drive-bys are, if it's possible, more liberal than their news drive-by brothers and sisters.
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 MSNB.
These sports guys start going, it's stunning.
Didn't Keith Oberman come directly from MSNBC and then he's ended up on ESPN?
Well, he started ESPN back when they weren't political.
Then he went to MSNBC, then Fox, then back to I think Fox for a while.
Maybe not.
He was in MSNBC twice.
And then it was a currency.
But yeah, good example.
But he's not by no means the only one.
Right.
And it's even more dangerous 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 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 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.
It's an excellent, excellent point.
No, I could give you names of people, but I don't, I don't, it's the same old philosophy.
I don't want to elevate them beyond where they are.
But some of them are really so far gone on liberalism.
One of the things that animates a lot of them is race.
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.
Actually, it's a great, great point.
I'm glad you called, Scott.
Thank you so much.
Yeah folks, I know I didn't get a chance to get to Obama and Kerry flip-flopping on what's war and what isn't and the war on ISIS.
But there's always tomorrow for that.
And 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 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 politics of sports, that isn't going away either.