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Dec. 10, 2024 - Sean Hannity Show
32:09
Jarrett and Schoen - December 9th, Hour 2
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This is an iHeart Podcast.
All right, thanks, Scott Chad.
An hour two Sean Hannity show toll free.
It's 800-941.
Sean, if you want to be a part of the program, uh, we're following two, well, a lot of big stories today.
Pete Heggseth will be on Hannity tonight, nine Eastern, as uh some people now seem to be rallying support around him in a big way.
Um, and we'll have an interview with him.
We also have, after the fatal shooting of the United Healthcare CEO Brian Thompson, you got people on the left just celebrating it, which is madness.
And then, of course, the verdict has come back, and Daniel Penny has been acquitted in New York City in that and that quote subway chokehold case, uh, after the jury finds him not guilty of criminally negligent homicide, although and uh and by the way, what what a what a disaster.
I mean, the fact that jurors had to, you know, literally refused to convict this guy after under what's very clear under New York law, the DAs must choose the charges before the trial.
They don't get to change their minds once they learn what the jury's gonna believe in.
And that prevents the overcharging in grand jury rooms, where of course the defense is never allowed to present their case, and the purpose is to avoid compromise verdicts as they call them.
And even the judge in this case acknowledged that by dropping the manslaughter charges and allowing the jury to consider the lesser charge that they this was a compromise, would have been a compromise verdict.
Or can the fact that they allowed it to that allowed them to consider it is insane.
Then, of course, you have the lunat lunatic left predictably reacting the way they often react.
You have a Black Lives Matter activist by the name of Walter Hawk Newsom is calling for race-based retaliation.
There's no evidence of racism at all in this case.
Never nothing was even presented except the prosecutor in closing arguments, tried to make an appeal to race.
And anyway, posting on next, we need some black vigilantes.
People want to jump up and choke us and kill us for being loud.
How about we do the same?
Uh and then after the verdict came out today, Black Lives Matter founder of Greater New York, he says, anyone that thinks Daniel Penny is innocent has racism in their heart, and the KKK got another victory, and then he calls for black vigilantes to choke and kill those who oppress us.
Listen.
Racism is still alive and kicking in America.
There's no other way to view this.
Everyone has looked at the case, and those among you who say that Daniel Penny is innocent, have racism and bias in your heart.
If you look at the facts of this case, then you understand that Daniel Penny is guilty.
But today, white supremacy got another victory.
Today, the KKK, the Klansman, the evil in America, got another victory.
They got that top charge dismissed.
America shall continue to America.
And shall continue to base second-class status on black people.
We need some black vigilantes.
People want to jump up and choke us and kill us for being loud.
How about we do the same when they attempt to oppress us?
The guy walked into the subway car and threatened to kill himself and others.
There was testimony after wit eyewitness testimony of people saying they felt that their lives were in danger, which as a matter of law justifies self-defense.
Greg Jarrett, Fox News legal analyst is with us, best selling author, David Schoen, civil liberties attorney and former counsel for President Trump, uh, welcome both of you.
Uh we have all been following this case closely.
The jury came up with the right verdict, Greg Jarrett.
I'm very grateful.
I did not like that the judge recognized that the defense was right under the law as it relates to a you know, the DA, you know, not being able to change the charges uh during the trial, but allowed it to go on anyway, which I guess is typical of New York, right?
Oh, it is.
There were various errant rulings from the bench that made Daniel Penny's defense all the more difficult.
You know, when jurors were deadlocked on the top count of manslaughter last Friday, after almost thirty hours of deliberations, uh Judge Wiley went along inexplicably with the DA's request to withdraw the top charge, even though prosecutors had spent weeks telling the jury that Daniel Penny was guilty of manslaughter.
And the judge's ruling to dismiss that charge was improper because he contradicted his own ruling earlier that the jury could only consider the lesser count of criminally negligent homicide if they first found Penny not guilty of the top count.
Well, that didn't happen, did it?
The judge appeared to acknowledge that a dismissal was impermissible, and then he went ahead and did it anyway.
Um beyond that, the rules that govern criminal procedure in New York require a mistrial in the event of a hung jury unless the defense agrees to a dismissal.
Penny's lawyers did not do it.
Despite all of the headwinds here from the judge and a racially biased politically driven prosecutor by the name of Alvin Bragg, Penny prevailed.
And today I think justice is vindicated.
I agree with you.
Uh Governor DeSantis weighed in on this.
He said it it is just, it is correct, David.
He said um he was skeptical of the jury in New York City.
And then he went on to say, meanwhile, is there a worse prosecutor in America than Alvin Bragg?
And he said we've got to defeat the progressive billionaire George Soros funded DAs and stop the left wing radical pro-criminal agenda and take back the streets for law abiding citizens.
He wrote that on on X. And we stand with good Samaritans like Daniel Penny.
Uh even with the acquittal, I'm I'm not sure if if people are going to be so quick to jump into action if something like this happens on a subway train or in public again, who wants to who wants to go through this type of treatment when all you're doing is is saving lives, and it was evident from the beginning that people felt their lives were in jeopardy, David.
Right.
Well, you make an important point.
I mean, uh while the the verdict appears to have been the just one, Daniel Penny dodged a bullet.
Up until the dismissal of the manslaughter charge, there were jurors on that jury who obviously were voting to convict for manslaughter, which means they believed, you know, in New York law, we looked to certain sections of the penal law to see what the requirement is for the men's rea, the state of mind.
So under New York law, 1505 three says this to be guilty of manslaughter, you have to find that the person acted recklessly and was aware of the substantial risk his conduct caused.
To be guilty under criminally negligent homicide, you looked at 15054, and that failed to perceive a substantial risk.
So how did the people who voted guilty for manslaughter vote not guilty for criminally negligent homicide?
They're really irreconcilable.
That goes to the point that Greg made.
They had no business presenting the second charge to the jury once the jury was deadlocked.
But the more maybe the broader point that you raised, Sean, is this.
Um it's mob rule.
Remember, when Daniel Penny was arrested, he was released without being charged.
And then we saw these uh ac actions, whatever you want to call them, riots, redress of griev for grievances, you know, that sort of thing.
It's great in this country that we can protest and let the government know what our position is, but not when it's marked by violence and violent threats, and we see it again in the snippets that you played after the trial.
We also know this fellow, the Black Lives Matter founder in New York went up to Penny afterwards and apparently said it's a small world, buddy.
These flats, this mob rule to convince prosecutors to charge criminally the complete uh uh abandonment of the presumption of innocence.
This has to stop.
Um uh and until it does, we really do have mob rule.
I'm afraid about a guy like Alvin Bragg for a number of reasons.
You know, I was thinking jokingly, I'm surprised he hasn't alleged the President Trump is behind the killing of the uh night healthcare CEO since he couldn't, you know.
Well, that that could be coming any moment now, you never know.
Right.
Anyway.
let's go back to David's point, Greg Jarrett, and and how do you reconcile that they were hung on on the manslaughter charge, but on the issue of criminally negligent homicide is not guilty.
How how do you reconcile that?
Yeah, y you really can't, uh, but you don't have to.
It may seem anomalous or inconsistent that a jury could be deadlocked in the more serious crime, but acquit the defendant on the lesser charge.
It it it is on its face illogical, but jurors in our system of justice are allowed to change their minds during deliberations as they reconsider the evidence as they absorb counter arguments from their fellow jurors behind closed doors.
And I suspect that's what happened here.
Um, what's Bragg gonna do next?
Is he gonna completely throw in the towel?
He would be foolish enough to to try or recharge Penny on the manslaughter charge that he Well, I I don't think he's allowed to, because he's the one that threw it out.
Am I wrong on that?
That's why I say he's f he would be foolish to do that, because he's the one who voluntarily dismissed it amid deliberations, and jeopardy attaches when a trial jury is impaneled and sworn.
And therefore, a second prosecution is strictly prohibited under the constitutional doctrine of double jeopardy in the Fifth Amendment.
But you know, these social activists um are not happy, obviously.
They're already decrying pennies' acquittal and ramping up their protests.
You know, demonstrators, we've seen it outside the New York courthouse taking up the chance of no justice, no peace.
That was the implicit threat of violent unrest.
It was a hallmark of the Black Lives Matter movement.
So, you know, the mob is at it again, but they're always looking for that opportunity.
Quick break, right back more with our legal panel, Greg Jarrett, David Schoen, your calls on the other side, eight hundred nine four one Shauna's on number if you want to be a part of the program.
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All right, we continue now, Greg Jarrett, David Schoener with us.
Did you hear anything from this Black Lives Matter activist that sounds like a direct threat?
And i isn't such uh when you make threats like that, a terroristic threat like that, uh uh is that in and of itself not a crime?
Like if I if I say to somebody I'm gonna kill you or we're gonna, you know, go after you.
Um I thought that was against the law, David Schoen.
It is against the law.
I think this guy, you know, marked his words a little bit more carefully when he said at the end we need to rise up and choke some people, whatever he said, the oppressors, uh, you know, he didn't say let's go out to the subway cars tomorrow and choke uh white guy or something like that.
But he's coming pretty close.
And when he sort of at least implicitly threatened uh Daniel Powpenny afterwards, he should have been admonished by the judge, I think.
And and at some point, Alvin Bragg's office needs to call this guy in and tell him that he's walking on very tenice.
Uh I'm gonna tell you something.
Uh there's a great difference between this kind of what we're seeing now.
But but you know you and I, we you all of us know.
That's not gonna that's not gonna happen with Alvin Bragg.
It's just not.
You're right.
100% right.
They just can't play, can't play it straight.
It's just this political agenda or racially motivated agenda all of the time.
And part of it's a function of being in the you know in elected office.
But most district attorneys, one would hope, would just play it straight, law and order.
And that's it.
Not these extraneous factors, call a case on the facts, period.
Remember now, Daniel Penny is gonna face civil a civil action.
There's a civil action filed by the family against him.
So it's not over.
What do you make Greg Jarrett of the left and the radicalized left celebrating the assassination of the CEO of United Healthcare?
Oh, it's despicable.
Um I mean, these are deeply troubled people, the female, you know, columnist, uh, slash reporter, previously at the New York Times, then got booted from the uh Washington Post.
You know, uh sort of lionizing and cheering on the execution, the assassination of any human being is disgusting and it's shameful.
Despicable behavior.
Um and you know, I there's something fundamentally wrong with her brain, which became apparent to the Washington Post, which is why they unceremoniously showed her the door.
But others have chimed in as well.
And the it is this sort of cacophony of hate that has infected certain sectors of America, including journalists.
And you know, I I decry it in the most strenuous terms.
Yeah.
What is your reaction?
They obviously have a person of interest.
Uh all indications, and we've not we've not verified this on our own.
All indications are that this is a radicalized leftist.
Uh and and that's the early reporting.
We'll know more in the days to come, if if in fact it turns out to be this individual, David Schoen.
No, you're careful enough to say we don't know yet what the problem is, but it wouldn't be unimaginable if that were the case.
It's as if there has to be an apology today for capitalism.
Now, you know, we saw recently a CEO of a major company testifying at Congress, and one of the Democratic Congress uh members said, Well, you know, you're a billionaire, that sort of thing.
He said, Let's break this down.
I earned every penny I ever made.
I started out without any money whatsoever.
These are the people to hate these people, to attack these people, to want to kill these people.
You know, we've seen things in journalism now.
I have journalism with quotes around it.
New York Times, Washington Post.
We hear about newsrooms crying when a store went a tax don't go the way that they wanted them to go.
Or if the paper takes an editorial position that's against the left, that's or even neutral.
We've never seen anything like this before.
There it has to be called out, and we have to stop uh uh uh being coward by it.
All right, we appreciate both of you, David Schoen and Greg Jarrett, 800-941 Shawn, our number if you want to be a part of the program.
Uh all right, let's get to our busy phones.
Uh all right.
I don't know why I'm doing this.
Why I'm gonna aggravate myself.
I'm about to head on my big vacation of the year, but I'll do it anyway.
Our friend Mo the Liberal, Brooklyn, New York.
What's up, Mo the Liberal?
How you doing?
Good to talk to you.
Happy holiday days, Mo.
Hey, look, Sean, I know where you come from out there on the island.
So don't be giving me this floor.
I was uh I was back there last week.
I was back there last week hosting the Patriot Awards.
Did you see it?
Yes, of course.
I was honored.
Uh-huh.
Sean, you are now probably the fourth most powerful person on earth.
I love it.
Well, hold on.
I you used to say I was the most dangerous person on earth.
Am I still the most dangerous person?
Of course.
Sean, you wait a minute.
If I'm the how am I the fourth most powerful person?
Who's won two and three?
And how did I get to number four?
You're cracking me up.
Well, you got you got you got you got the president elect, and uh, you know you're you're you're you're you're you're pretty close to him, so uh you know, just do the right thing.
Get whispering as ear good things for me, will you?
All right, so who's number two and three?
If I'm I guess JD Vance has to be in there, right?
So he's he's two.
Into Hollywood, so I I I like a couple of directors.
I think that they do some powerful stuff.
Like who?
Uh by the way, I I sent you my movie.
I sent it to Katie and I know you're a busy man, but I haven't had a chance to watch it, but I heard all about it.
I'm I'm very interested in it.
I know you love movies.
Wait a minute.
Did you actually go to the Patriot Awards?
No, shoot, no, Sean.
I'm 75 years old.
I I barely make it out for the few things I have to do in music, you know.
So you so you're gonna live out your final years in that ice cold, you know, uh bucket of crime known as New York City and Brooklyn.
You're out of your mind.
My son lives in Boca.
I've been down there three times since we talked last.
And I'm going to you why don't you just stay down?
You do know not only do you pay forty percent uh state tax federally, in New York City, you pay another three percent.
In New York State, you pay another ten percent.
That's thirteen.
Let's say you have a hundred grand.
That's thirteen thousand dollars that you'll be giving just to New York for the honor of paying taxes all those years.
Sean, I spent a year studying accounting in college.
I know my way around the tax laws.
Uh uh I'm almost Oh, really?
So you're admitting on on national radio before tens of millions of people that you cheat on your taxes?
I don't cheat.
I don't cheat, but I know how to work the system, buddy.
You know Let me tell you what I can't do.
I I don't have the luxury of working the system.
You want to know why?
Because your friends, they would love to take me down, and I say to everybody, pay your taxes.
I pay every penny.
When when I got married, Sean, my wife said to me, You gotta pay your taxes, or we're not getting married.
I hadn't paid in nine years.
My cousin is an accountant for the IRS.
Wha why are you admitting to a crime on national radio?
Are you I'm trying to save you?
Are you out of your mind?
Right.
What are you smoking that legal w weed in New York, the wacky weed, or what are you doing?
Well, Sean, you know I'm an old hippie.
I'm not gonna admit to that.
You know, I don't want to influence any of the children who are listening to do anything.
So that means you do smoke weed, and uh I mean, you're seventy-five years old and you're smoking weed.
What's wrong with you?
What what has happened to you?
Sean, do you do you enjoy a beer once in a while?
Uh vodka is more of my my drink of choice.
My little drink, and we all deserve a little mood altering substance, I think.
You micro are you microdosing LSD and ketamine or whatever they call it, and and all these other drugs, or you just stick to the weed?
Nineteen seventy-one in England at a rock concert.
The last time I did it was beautiful.
Oh my god.
Oh my god.
All right, all right.
We're way off track here today.
We're losing control of the show.
I want to say hello to Mike Natalie and my beautiful Maxine.
They're getting married next uh Saturday down in Sarasota.
I'm happy to grab And I'm honored that you're being so nice to me.
You could be raking me over the coals for all the stuff that I rake and you raking you over the coals over what?
The you already lost the election.
You want me to just spike the football in your face and be a jackass?
I'm president.
You know.
She didn't she did she didn't come close.
She didn't have a chance.
Let's be honest.
Three million votes ain't so bad.
But then hey, whatever.
Look, this is what goes on, you know.
Listen, your your your party is a party of radicalism and extremism.
And they're out of touch with the American people.
And your economic policies, your energy policies, your lack of law and order policies, you know, all c immigration policies all contributed to your your earned demise.
I'm not sure.
You can look, doesn't matter what it's done, it's over.
And uh just like I said, be nice when you whisper to him.
I'm getting a two percent raise in Social Security.
You know, ask him to go.
He's not gonna touch your social security.
He even said so this weekend.
Just relax.
You know, you don't have to worry about your your precious Social Security and then all the money you're not paying taxes on, which you admitted on national radio.
And by the way, if somebody knocks on your door, don't blame me.
I'm not giving you up.
I'm fine.
I I'm I'm an upstanding citizen, Sean.
Uh it's all good now.
So whatever I didn't functions in the past.
Listen, God bless you and your family.
Have a good time at the wedding.
Send my best to the bride and groom, all right?
Absolutely.
And all the best to you, my friend.
Merry Christmas.
Thank you.
I'm the I'm the most dangerous American and the fourth most powerful American, according to Mo the Liberal.
What do you think, Linda?
You agree with any of that?
Um, I think the evolution of you and Mo is um having been here as long as I have, the fact that that man called in to talk about Daniel Penny and you guys talked about weddings, weather and weed.
I'm like, okay.
All right, we've gone a different direction entirely.
That's the nature of of uh a conversation with Mo.
What can I tell you?
430, weddings, weather, and weed.
That's today's theme.
You're welcome.
And he admits he didn't pay his taxes for nine years.
No, no, no.
He just said I know how to work the system, which if you listen to the Dave Chappelle said, he might be right.
I I don't know how to work any system because when my accountants call and say, you probably, you know, this is a legal deduction.
I say, pay it.
Pay it, pay it.
No, Chappelle does a really funny skit about Hillary Clinton and how she screamed at Trump during one of the first debates, you know, during the original 2016 election.
And it was going back and forth about how she was saying, Oh, you finagled the system and this is what you do, and you lie and you cheat and you steal, and he goes, That makes me smart.
And the reason you know about it is because you do the same thing.
So, you know.
By the way, look at the Clinton Foundation.
Do I need to say that?
Oh, forget about it.
Talk about laundry.
I don't know how much time that place has.
You, you and Mo, forget about it.
I can't believe you didn't come to the Patriot Awards, by the way.
First of all, you would have been the only person I would have been I would have made it possible to go backstage and get your precious picture.
Ethan and his wife were there.
They wanted to go.
It was a great opportunity for him to go.
And uh, you know, he really enjoyed it.
So, you know.
So you g so you're telling me I could have gotten two additional tickets.
Yes, I know, but it got too crazy anyway, and I wasn't gonna be the only one that went back and you know, got a picture with POTUS.
That's not right.
Well, well, uh nobody was allowed back there.
Nobody was allowed in in the the back of the house.
You know what's amazing?
Complete strangers at McDonald's can get a picture with POTUS arm in arm, you know, chuckling, smiling, forget about it.
Okay, the Secret Service wouldn't let me throw out footballs.
That's how that's how rigid.
And by the way, rightfully so.
I don't want any harm brought to you.
Listen, Ronald Rowe is on the football.
He knows.
You know, he's got his eye on the ball.
He will be out of a job come January 20th.
I can assure you that.
All right, quick, very quick, come right back.
Warrior phone calls coming up.
800, 941 Sean, our number if you want to be a part of the program.
All right, let's get back to our busy phones, 800 941 Sean, if you want to join us.
Leanne, Free State of Florida.
Hey Leanne, how are you?
Glad you called.
I'm good.
I hope you're well, Sean.
Um yeah, back to Daniel Penny.
I was you know, as a as a single woman, I was livid about the fact that they would press charges against a hero like Daniel Penny.
And I'm grateful that he's been found not get not guilty now, but what really set me over the top was this civil suit that Neely's father is bringing against Daniel Penny.
And might I suggest that to stop all these civil suits that are ruining people's lives, that perhaps in this case, if it's possible, that the other people that were on that car bring civil suit against that father.
Because really, if that father is so upset that his son is now gone, perhaps he should have taken more of a concern about his son being such um a danger to society, and he should have protected society from him and gotten him more help.
It does show how and and I don't disagree with you, and the father's lashing out at the verdict, and I I did see that today, and uh I'm watching other people lash out and this Black Lives Matter activists lash out.
And what about the safety of the people that were in that subway car, and those people that feared for their life that gave compelling testimony in this case.
Why are we listening to them?
They have a right to ride.
If you want to live in New York, the the best fit fastest way to travel is on the subway.
Now I refused after a number of years to go on the subway or on on the Long Island Railroad even or Amtrak, which I used to use in my early years in television.
I'm now too recognizable to be very honest with you.
And unfortunately I was chased from car to car to car once, and I just um I I try to avoid confrontation and violence at all costs, and I just realized I'm I'm putting other people in a bad position if I'm if I'm out in public like that.
So I have to be careful where I go, especially in a place like New York.
And and that makes sense.
And what's interesting is if you think about it, Daniel Penny didn't take on nearly for himself.
He was he's an ex-marine, he could handle himself.
He he did he did this for the other people on the train.
He did not do this for himself.
You're right, because he would have been able to not uh obviously he can handle this guy.
This is a big guy.
He threatened to kill people on the train and himself.
What uh w who is ever gonna want to step up and be a good Samaritan after this case?
Nobody.
That's the sad part.
And women and children and the elderly are all gonna be at risk even more now.
Because of anyway, Leanne, we uh we love you in our state of Florida.
God bless you.
Glad you're here.
Scott in the United Socialist Utopia known as California next on the Sean Hannity Show.
Hi.
Honor's all mine.
What's by the way, is I think Donald Trump changed ten counties from blue to red in California.
Pretty amazing, right?
God bless him for doing it.
What's going on?
Um I'll get to my point.
Um I retired last year.
I had about uh sixty-nine years old.
And the Congratulations.
I hope you're enjoying it.
Well, thanks.
I am, I'm enjoying it very much.
Anyway, Donald Trump is proposing to remove the federal income tax from Social Security, correct?
Uh my understanding is that is correct, yes.
So um I was wondering, since I know you have his ear, if you could pass on to him, why don't we also remove the federal income tax for those of us who are on a fixed pension, whether it's a union pension or non-union pension, just remove that federal income tax too.
I'm pretty sure the government can live without the small amount of money, re-retirees pay.
I I'm all in favor of it.
And and I wouldn't tax vets either.
Here's though look, we we have a a gap of vulnerability.
We've got a we've got to surpass our adversaries and our geopolitical foes.
We need hypersonic missile technology, and then we need to go beyond that.
We need an iron dome Around the country.
These are going to be very expensive items.
We need to shore up Social Security and Medicare.
And of course, we're going to continue the tax cuts and no tax on tips, no tax on overtime.
Now, the best way in my mind to pay for all of this is to be the most energy dominant country on earth.
And we could also probably pay down our debt, which is near nearing four trillion uh forty trillion dollars.
So uh we've got a lot of work to do and then eliminate waste, fraud, and abuse, and I think we can get there.
But anyway, you raise a good point.
Uh I appreciate it, and I will talk about it, I promise.
Uh, stay tuned, my friend.
800 941 Sean is on number if you want to be a part of the program.
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