CLAY: I want to start with the continued insistence from so many people in the media that Kyle Rittenhouse is a murderer. And I also want to talk about the pressure that is being brought to bear on jurors — every single one of whom, Buck, has to be, in the back of their mind, thinking about what might happen to their community if they do what they should do and find Kyle Rittenhouse not guilty in this case based on the actual facts.
They cannot be held hostage by BLM protesters who are threatening to burn down their community if Kyle Rittenhouse is not found guilty. But listen to this. We talked about The View and how The View is maybe one of the leading places in all of media right now for both stupidity and misinformation to be spread. We talked yesterday about their refusal to allow any discussion about covid that didn’t support their agenda. Listen to what Tara Setmayer said yesterday straight out — even before the jury has made a determination, Buck — that Kyle Rittenhouse is a murderer. This is cut 7.
SETMAYER: I’m a gun owner and my — you know, my family, we are pro Second Amendment in my family and I look at the way that this case — because I think this guy is going to get off, unfortunately. It’s… it’s vigilante justice gone wrong. But I also think that it’s going to embolden some of the more rabid Second Amendment advocates and make it — you know, it’s difficult for people who are responsible gun owners. This guy is not a martyr. He’s not a martyr, he’s a murderer. And this should not be — he should not be empowered by technicalities like this.
BUCK: It’s not a technicality to be able to defend yourself when you’re being attacked by known criminals in a mob fashion when they’re waving a gun in your face. There’s video, folks. Don’t let any of the noise, don’t let any of the nonsense cloud what you can all see. We can all see it with our eyes thankfully, because if there was wasn’t video and one of these individuals shot happened to be black, I think the chance of Kyle Rittenhouse getting an acquittal would be almost zero.
But because there is video, and because the three people he shot were all white — and they’re still talking about how this is a racist incident! Because of the BLM riots in the summer of 2020, the left doesn’t want you to think you’re allowed to stand in the way of this. When they want to burn down your neighborhood, the left believes they have a right to do so, and you do not have a right to defend yourself or your community. Clay, they want a situation where jurors are scared. The judge and his family are receiving death threats in this case.
BUCK: And I just have to say, I suppose the FBI is too busy with its top-tier collection strategy on concerned parents to put any of the FBI men on that issue of threatening a state judge — “across state lines,” by the way, a phrase we’ve heard a lot in recent weeks — because they want there to be pressure. They want there to be coercion. It’s not possible to be a rational adult and watch the way this case has unfolded and the facts of it presented and think that Kyle Rittenhouse is guilty of murder.
It’s not possible. The only way this trial has even, in my opinion, gone to this point, Clay, and why we don’t have a verdict yet is because the jurors are rightfully terrified about the consequences to them. The judge is probably concerned at some level, too, but is good enough not to show that in the trial. And this is how the left does what they do. Mob violence is their currency, the threat of it looming in the background even at the expense of our own justice system is just fine with them.
CLAY: Well, this is, to me, part and parcel of what happens when you intimidate people and you convince them that you are going to be held responsible if you follow the facts and the data and the law and find Kyle Rittenhouse not guilty. I think it’s impossible for all of these jurors, Buck. I think it is utterly impossible, as part of their analysis of this case, for them not to be thinking, “What’s going to happen to me?” and this should never be a consideration of any juror because the individual consequences of a juror who was selected to be a member of this community should not be at issue at all. All that should matter is the facts.
BUCK: Can we just get a statement from Joe Biden or from Attorney General Merrick Garland about how threatening jurors or a judge is contrary to the very foundation of our justice system and that no person who thinks they believe in justice, social or racial or whatever, would ever engage in that kind of behavior? Why not a statement? Clay, the attorney general could put out a letter about the scary parents saying, “Hey, stop teaching my kids that skin color determines their future one way or the other.”
But the attorney general doesn’t have a word to say about the sanctity of our judicial process as it’s playing out in state court in Wisconsin. Gee, I wonder why! Maybe they don’t want to upset the left-wing activist base a little too much. I also wonder if riots are gonna be good for the next couple of days. Are insurrections, when there’s a really good reason all of a sudden acceptable, Clay? I want everyone to think about that considering how much time we spent on the January 6th insurrection.
CLAY: Buck, this is… I don’t want to overstate how significant I think what’s going on right now is. Because if a jury duly selected in Kenosha — and look, we could Monday morning quarterback this thing because a part of me thinks, Buck, why in the world were these jurors not sequestered? Why were they not kept out of the constant media spotlight in some way? We can have a discussion about whether even having this trial in Kenosha was helpful.
BUCK: Should have been a change of venue.
CLAY: All of those things are very valid to debate. But right now, the essence of any jury trial requires that the jurors know that they are safe, that they are protected, and that they are able to follow the law without worrying about what the consequences to they or their community might be based on the choice that they make. And I just ask you this, anybody out there listening:
Based on what has happened over the summer and the threats that have been made publicly about what will happen if a not-guilty verdict is the verdict from this jury, is there any way that every single juror right now deliberating is not in the back of their mind thinking, “What’s going to happen to me if I vote ‘not guilty’?” I find it… I wish that I could believe, “Hey, these jurors are gonna be able to compartmentalize everything; they’re gonna 100% just focus on what the facts are of the case.
“They’re gonna analyze self-defense. They’re not gonna get bogged down in whether Kyle Rittenhouse should have been there. They’re going to look at that interaction, the video that we have, which clearly shows him under threat of bodily harm and danger that could be incredibly severe. He was justified to defend himself as he did.” I don’t see how anybody who’s watched this trial or seen those tapes could have any other decision to be made. Yet I think they’re terrified.
CLAY: Yes.
BUCK: That’s still the reality they face in Kenosha, which is why you have National Guard deployed, which is why people are so concerned in that jury pool — or in that jury room, rather — about their safety. I can’t tell them that that’s an irrational concern at all because the left is completely insane, and we watch this, and it comes down to a very basic question of fact or very basic statement you could make.
The prosecution wants people to believe that if there’s a general political narrative out there of people in the streets “fighting for justice,” you have to let that mob beat you maybe into a coma, maybe to death — even if you are legally armed, as we know Kyle was legally armed — because it makes the left and Biden voters sad when people don’t let the angry BLM mob beat them senseless. That’s it. That’s what the whole trial comes down to.
CLAY: And, frankly, Buck, the longer this goes on, the more I feel like a mistrial might happen. And if a mistrial happens, what we are going to do is have to determine — the judge is — is it a mistrial with prejudice because the prosecution bungled so many things. Did you see the story that the prosecution didn’t share the HD video from one of the drones with the defense, just standard definition instead of HD which is substantially different?
BUCK: Did that surprise you for one second?
CLAY: No, it didn’t, because the prosecution has been dishonest throughout this entire case. But the judge, then, would have to decide, “Am I going to grant a mistrial with prejudice — which would mean that there’s no longer charges able to be brought in this case — or is it just gonna be a mistrial in which case, theoretically, we go through this entire procedure all over again?”
You all know him from Fox. He was at the Southern District of New York for over 20 years as a federal prosecutor. He knows the law inside and out. We’ll talk to him about mistrial, mistrial with prejudice, what are we facing here. We’ve also got that… I used to do counterterrorism collection and analysis — never on parents, though, Clay, who were a little upset at their school board meetings. That would be a first.
CLAY: I might have a file over my one-minute speech, Buck.
BUCK: Don’t worry, Clay, we’ll get you out of Gitmo if it comes to it.
CLAY: Yeah, I need all the help I can get.
BREAK TRANSCRIPT
CLAY: The Kyle Rittenhouse jury is still out, now in day two of deliberations. There is yet another grounds, potentially, for a mistrial with a drone video that was shared by the defense in standard definition, even though there is an HD definition version, which provides, potentially, more defense to Kyle Rittenhouse as it pertains to his self-defense claim. We are going to update you whenever any additional news comes in that Rittenhouse case, and maybe if a verdict comes down later today.
Certainly, we will talk about it substantially tomorrow, although as the hours continue to tick by, the idea that the jury is going to come out with a verdict today appears less and less likely — which, to me, is leaving the possibility of a hung jury out there. I don’t think there’s any way that Kyle Rittenhouse is going to be convicted by 12 jurors.
But I do think that there could end up being a situation where some members of this jury, Buck, potentially — because they are overwhelmingly intimidated by what might happen if they render a not-guilty verdict — are unwilling to render a not-guilty verdict, and so we have a hung jury. They say they cannot come to a result, and then wove make a determination by the judge of whether or not a mistrial should apply based on prosecutorial misconduct and also if it should be a mistrial with prejudice, which would mean these charges could never be brought again, or if it’s just a mistrial in which case we’d be right back here again potentially at some point in the future.
BUCK: Even mistrial with prejudice they could appeal in Wisconsin, though, so it’s possible.
CLAY: That’s right.
BUCK: Would they want to go through that? These are all the different variations, and we just simply don’t know. And right now, there’s also the Ahmaud Arbery trial happening. He was shot in Georgia. You’ll all recall the news stories on that one and the accused shooter is currently testifying in his own defense. So we’ll have more time to go on to that trial, which is gonna go on for a couple of weeks.
When we hopefully get a verdict here in the Rittenhouse, we can focus in on the other trial. And I would just say, Clay, about the jury intimidation situation, this is what the left wants. We’re already here. We are in a country right now where the system has been put under so much duress by people who think they have a right to take to streets, to riot, to threaten, to loot, to burn, that there are ramifications. There are ramifications like jurors now thinking to themselves:
“Do I want a bunch of Biden-voting psychopaths mobbing outside my home? Do I want to have people come up to me, maybe spit in my face, curse at me in front of my own children?” Now, I understand for a lot of people listening to us right now, they would be thinking to themselves, “This is your duty as a citizen, as an American. You gotta do what’s right here. A young man’s life is in the balance,” and it really is.
There’s no evidence for that whatsoever, because he was the one that instigated all of these lethal force — or two lethal force and then one… Well, they’re all lethal-force incidents. Two them died. No, he didn’t instigate them. We have video showing he was chased; he was attacked. So what really…? You should ask yourself. The only victory the left can claim, really, if Rittenhouse is found guilty — which I don’t think will happen but we don’t know.
Clay and I are very clear about this one. We don’t know what’s gonna go on here. The only victory they can claim, Clay, is you are not to think — as an armed citizen of this country — that you have a right to stand up to the leftist mob when it’s angry. There’s no other takeaway from this. Why are they rooting for it others? There’s nothing else that makes sense.
CLAY: They’re rooting for it, I think to a certain extent, because they’re horribly misinformed and they’re still buying into the idea that this is a white supremacist who went hunting for Black Lives Matter protesters and attempted to kill them as a result of their protest. And, by the way, many of those people still believe that the people he shot because he’s been branded by the president of the United States no less, a white supremacist. That has happened. They believe that he’s done something wrong that is racial in nature because that’s the narrative that the media wants to sell. Not accurate, but that’s what they’re selling.
BREAK TRANSCRIPT
GOLDBERG: So the jury is deliberating as we speak. So, I mean, how do you say this? I think it’s really a red light for — for white folks coming to help at social justice protests because basically what they’re saying is, “Oh, it’s okay to shoot white people too.”
CLAY: This is the kind of stuff you hear in places like The View. Welcome back to Clay and Buck show. We had our friend Jedediah Bila, a former cohost actually of The View, on yesterday with some great thoughts on just the madness of Fauciism and the mandates. But on the issue of the Rittenhouse trial, what now? Because Clay there was this narrative…
I think the narrative has fallen apart pretty quickly for most folks, even some people on the left, that Rittenhouse — that this was a racist shooting. It’s really hard… They didn’t know that there were only white victims when they were talking about all the racism. Now that everyone’s seen, “Okay, he shot three white guys who attacked him,” now, it goes to the broader the narrative of the riots are part of BLM and BLM is supposed to be about police violence and murder, actually, of unarmed black men.
But it’s getting a little bit tricky to stick with the “he’s racist.” So now instead, it’s he’s a reckless vigilante. But even that’s really hard to make it stick, because when you hear the prosecutors effectively saying, “Look, sometimes you gotta let the mob beat the crap out of you or else maybe we’ll threaten to lock you up for the rest of your natural life in a small cell.”
I don’t know how much we can read into the fact that the jury is still in its driver’s license numbers. You know, it’s tea leaf reading for sure. But at least everybody knows that what they were told about this trial from the Democrat corporate press for a year was a whole bunch of lies.
BUCK: And it’s also on video yet again, and this is where you’ll notice, the left often likes to rally behind these cases where we say, “Hold on. We have video. So the facts are not really in dispute,” and this would seem to be almost… I’ve been through lethal force training at the federal level. I’ve been through lethal force training at the local level.
This is like the way they would show you in a shoot-or-not-shoot scenario. You have your gun drawn going to the Jacob Blake incident. You have your gun drawn. Someone who is reaching for a weapon keeps reaching. You do not have to wait for them to turn around quickly and plunge that knife or whatever they’re grabbing in your neck.
CLAY: Yes.
BUCK: The command from law enforcement with somebody who will not show hands, who will not comply and is clearly a threat at that point? It’s enough to fire. It reminds me of the case we talked about that LeBron weighed in on it.
CLAY: The Columbus Police
BUCK: Ma’Khia Bryant, is that the woman?
CLAY: I think that’s right.
BUCK: Another time when a woman was swinging a knife and another young black woman and a cop shot her, completely justifiably.
CLAY: Saved her life, probably.
BUCK: He saved a life.
CLAY: Yes. And, by the way, this is also many athletes walked out and refused to play over Jacob Blake. The whole thing was a pyramid of absurdities, and it’s embarrassing the way the media has covered it.
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