The Luigi Mangione Evidence Battle; ’Tis the Season… to Get Duped?

Summary

Here’s the Scoop (NBC News)

Episode: The Luigi Mangione Evidence Battle; ’Tis the Season… to Get Duped?

Date: December 1, 2025
Host: Laura Jarrett (subbing for Yasmin Vossoughian)
Guests: Misty Maris (NBC Legal Analyst), Vicki Wen (Chief Consumer Investigative Correspondent)

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Main Theme

This episode dives deep into two headline issues:

1. The critical evidentiary hearing in the high-profile Luigi Mangione murder trial, analyzing the legal arguments over what evidence is admissible, and
2. The rise of sophisticated gift card scams as the holiday shopping season reaches a peak, providing caution and practical tips for consumers.

There’s also a quick roundup of trending headlines and a lighter segment on a famous Hollywood ‘beef.’

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Segment 1: The Luigi Mangione Evidence Battle

[01:01–09:43]

Background

• Luigi Mangione is in court for hearings that could determine the fate of critical evidence in his trial for the murder of UnitedHealthcare CEO Brian Thompson outside a Manhattan hotel one year prior.
• Mangione faces nine state and four federal charges and could potentially face the death penalty.

Key Discussion Points

What’s at Stake

• Laura Jarrett (Host): “It really is sort of a do or die moment for Mangione because it’s what was found in the backpack when he was ultimately captured in Altoona, Pennsylvania.” (02:30)
• Evidence in question: contents of Mangione’s backpack, including a gun, silencer, bullet casings, USB drive, cell phone, and handwritten journal dubbed his “manifesto.”

Defense Arguments

• Misty Maris (Legal Analyst): “The defense is arguing that the backpack was searched without a warrant, and a warrantless search is generally unconstitutional… The defense argues that because the search was unconstitutional… everything in that backpack should not come into the courtroom. And as an extension of that, any information learned from that evidence later is what’s called ‘fruits of the poisonous tree’ and should also be thrown out.” (03:02)

Prosecution’s Counter

• Prosecution claims “exigent circumstances” justified the search—specifically, ensuring there was no immediate threat (like a bomb or weapon) in the bag.

• Laura: “Prosecutors often, I would say, get the benefit of the doubt in a situation like this where you have a nationwide manhunt, you have a violent crime that’s committed, and police say, oh, something called exigent circumstances mean we get to search the backpack.” (04:14)

• However, the defense points out that Mangione was already handcuffed and the bag was not within his reach at the time.

• Misty: “At some point, they take the backpack and move it almost six feet away and Luigi Mangione is handcuffed. So under the case law, exigent circumstances is you can either do something that’s dangerous to the police officers or the public… Or you could destroy evidence… The defense, of course, is focused on the fact that he could not have reached into the bag at that particular time.” (04:54)

• Misty predicts the judge may side with prosecution but it remains a close call.

Impact if Evidence is Allowed

• Misty: “They’re still gonna say it’s a circumstantial case. There isn’t an eyewitness… They’re gonna question the evidence… The gun, for instance—there’s been DNA matches, there’s been ballistics matches… It’s just gonna be all about reasonable doubt.” (06:04)

Publicity and Jury Concerns

• Mangione has received an unusual volume of public support, noted by over 6,000 letters of support sent to him in prison.

• Concerns about pre-trial publicity, potential prejudice, and the process of jury selection are discussed.

  • Misty: “When we’re talking about what’s happening even leading up to the trial, there are all sorts of arguments that are being made by the defense that say Mangione has been prejudiced right from the get-go because of the intense publicity on this case.” (07:21)
  • The defense seeks to restrict certain evidence from being described, even in pre-trial hearings, to avoid tainting the jury pool.

Memorable Moments & Quotes

• Laura: “Well, it’s a fascinating case. I know that you like to nerd out on it just as much as I do, so I’m so glad you were able to come on. Here’s the Scoop.” (09:43)
• Misty: “It’s like any high profile case, except this case has kind of taken on a life of its own.” (08:29)

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Segment 2: ’Tis the Season… to Get Duped? (Gift Card Scams)

[11:38–18:25]

Main Points

Evolving Holiday Shopping and Rising Scams

• Consumers are expected to spend a record $14 billion on Cyber Monday, but increased activity means more scams.

Laura’s Gift Card Scam Story

• Laura purchased 8–10 gift cards at CVS for holiday gifts, only to discover they had been drained before use. There were no visible signs of tampering.

How the Scam Works

• Vicki Wen: “It’s called gift card draining… There are crooks out there who use really sophisticated technology and they are monitoring what’s happening with those gift cards… They record the barcodes and activation codes, and then they use technology to let them know when money has been loaded onto the gift card. And then instantly they’re able to transfer your cold hard cash off of the gift card.” (13:57)

• Scammers often re-seal cards after copying codes; sometimes inside employees are suspected.

• National and international crime rings are involved; the money can fuel further criminal activities.

What’s Changing

• Homeland Security has collaborated with 20 major retailers to combat the problem.
• Some stores have implemented safeguards:
  • Example: Target now requires a clerk to apply a special sticker behind the counter at activation.

Tips for Consumers

• Pick gift cards from the top, bottom, or back of racks (not the most accessible ones).
• Prefer racks in high-traffic, well-monitored areas.
• Consider e-gift cards rather than physical ones.
• If possible, buy gift cards from small/local retailers—less likely to be compromised and supports community businesses.
• Vicki: “If you receive a gift card, use it right away.” (16:00)
• If scammed, report the incident everywhere possible to help track and publicize scam trends.

Who Gets Left Holding the Bag?

• Credit cards, retailers, and banks rarely reimburse drained gift cards.
• Vicki: “The consumer is still the one left holding the bag. Right?” (16:00)

Striking Stats

• 43% of Americans have unused gift cards at home, worth an average of $244 each—totaling $27 billion nationwide. (16:36)

Notable Quotes

• Vicki: “But at the end of the day, the consumer, as far as I can tell, as far as our investigations have shown us, the consumer is still the one left holding the bag.” (16:00)
• Laura: “The recipients were afraid to tell me because they were afraid of offending me.” (17:28)
• Vicki: “If you are the victim, though, report it everywhere because that is the only way that we move towards more transparency.” (17:36)

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Segment 3: Headlines Roundup

[18:29–21:51]

Key Updates

• U.S. Immigration Policy: Trump administration halts all asylum decisions for Afghan passport holders after a deadly shooting near the White House allegedly perpetrated by an Afghan national with CIA ties.

• Obesity Drug Guidelines: WHO issues its first guidelines recommending GLP-1 medications (like Ozempic) for obesity management, marking a major shift in global health policy.

• Ukraine Peace Talks: Trump’s peace envoy heads to Moscow following revised U.S. peace plan talks in Florida; progress admits new obstacles, including Ukrainian political upheaval.

• Fun Pop Culture Moment:

  • Longstanding “beef” revealed between George Clooney and Brad Pitt over who would play J.D. in "Thelma & Louise"—Pitt won the part, and Clooney didn’t watch the film for years, but both eventually starred together in the "Ocean’s" series.
  • Laura: “Petty king behavior, if you ask me. Pitt apparently still pokes fun at Clooney for losing out on the role.”

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Notable Quotes & Moments

• “There is a camp of people that are so passionate about Luigi Mangione and free Luigi and that purpose. And then there’s a whole other crop of people that are passionate about, well, if he’s the person that did this, then he should face the maximum penalty.” — Misty Maris (08:29)
• “This case has kind of taken on a life of its own.” — Misty Maris (08:29)
• “Gift card scams are rampant. So much so, the Department of Homeland Security is now involved.” — Vicki Wen (12:59)
• “If you must give a gift card, consider giving an E gift card. Tell the recipient so it doesn’t go to their junk mail folder. If you receive a gift card, use it right away.” — Vicki Wen (16:00)
• “Shop small, do it for a local restaurant, a local retailer…” — Vicki Wen (16:36)
• “Cash is king in my book, because this doesn’t happen.” — Vicki Wen (16:00)

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Segment Timestamps

• Main Theme Intro & Mangione Case Setup: 01:01–02:23
• Legal Analysis & Evidence Arguments: 02:23–06:41
• Publicity/Jury Concerns: 06:41–09:43
• Gift Card Scam Topic Starts: 11:38
• How Scams Work & Prevention: 13:34–18:25
• Headlines Roundup: 18:29–21:51
• Pop Culture Segment: 21:51–End

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Tone & Style

Conversational and direct, blending legal deep-dives with practical, consumer-focused advice and lighter pop culture touches. The hosts and guests are relatable, using clear explanations and candid anecdotes.

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Summary for Listeners

This episode offers a clear, insider’s look at high-stakes legal wrangling in the Mangione murder case—detailing how evidence battles can be just as decisive as a jury trial—then pivots to a timely warning on the explosion of holiday gift card scams, providing actionable consumer tips. It closes with brisk news updates and a celebrity anecdote. Whether you’re a legal enthusiast, a holiday shopper, or just keeping up with the latest, “Here’s the Scoop” balances substance, urgency, and personality.

Transcript

[A]

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[B]

Welcome to here's the Scoop from NBC News. I'm Laura Jarrett in the chair today after what we hope was a lovely long Thanksgiving holiday weekend and your bellies are still full. It's Cyber Monday, folks, and while you may be proceeding to check out, we are going to be issuing a word of caution. We are talking gift card scams, plus the decades long beef between George Clooney and Brad Pitt. But first, Luigi Mangione is back in court today for a complex and potentially lengthy set of court hearings. He stands accused of fatally shooting UnitedHealthcare CEO Brian Thompson outside a Manhattan hotel a year ago this week. Now, these hearings could stretch on for a while as Mangione's defense team is asking for key pieces of evidence to be completely excluded from trial, including his notebook and other writings that were found in his backpack, something crucial to both sides here. The 27 year old Mangione has pleaded not guilty to nine state counts and four federal charges that were filed separately and he faces the possibility of the death penalty on those federal charges. Joining me now to discuss what's at stake for Mangione is Misty Maris, our NBC News legal analyst and trial attorney. Misty, welcome to your inaugural appearance of here's the Scoop.

[C]

Laura, I'm so happy to be here. I'm so happy that we get to break down Mangione because this hearing is of huge consequence in this case and.

[B]

There'S a lot that that goes to the backstory of this, because it's a fight between the prosecution and the defense over the evidence that can come in at trial. And it really is sort of a do or die moment for Mangione because it's what was found in the backpack when he was ultimately captured in Altoona, Pennsylvania, a year ago this week. Explain the arguments that the defense is making for why what was found in the backpack should be completely excluded from trial.

[C]

So the defense is arguing that the backpack was searched without a warrant, and a warrantless search is generally unconstitutional, but there are, of course, exceptions to every rule. So the defense argument is really nuanced, and it's focused a lot on the timeline of when the police came into that McDonald's, how he was identified by a McDonald's worker, and what happened during the time between the police speaking to Mangione, asking him for his identification, and ultimately making an arrest. So the defense argues that because the search was unconstitutional and there was no warrant, that everything in that backpack should not come into the courtroom. And as an extension of that, any information learned from that evidence later is what's called fruits of the poisonous tree and should also be thrown out. So it's huge, because what's in the backpack, the gun that's allegedly used in the crime, silencer, bullet casings, a USB drive, a cell phone, the writings from what is called the manifesto, but his journal, all of that is critical to the prosecution's case.

[B]

Okay, you and I went to law school. We don't just play lawyers on tv. We went to law school.

[D]

True.

[B]

We know that generally you have to get a warrant, but prosecutors often, I would say, get the benefit of the doubt In a situation like this where you have a nationwide manhunt, you have a violent crime that's committed, and police say, oh, something called exigent circumstances mean we get to search the backpack. We actually get to rifle through and make sure there's not a bomb in there or there's not some other weapon in there. But in this case, he's handcuffed. He can't reach over and get the bag. At least, arguably, it's not close to him. So how does the state. How do prosecutors defend the idea that they didn't need a warrant in this case?

[C]

So this is actually where this issue gets more complicated, because, as you said, if you lay out what was happening at the time there was this manhunt, what the defense is focused on is that once law enforcement came in, they got him. The backpack was on the ground. Yeah. They had him cornered. The backpack was on the ground. At some point, they take the backpack and move it almost six feet away and Luigi Mangione is handcuffed. So under the case law, exigent circumstances is you can either do something that's dangerous to the police officers or the public, meaning you can reach into that backpack and get something dangerous, or you could destroy evidence. And that's why it's justified that a search takes place. And the defense, of course, is focused on the fact that he could not have reached into the bag at that particular time. So all of that being said, the judge is gonna look at all of the circumstances in this case, and in my view, it leans towards the prosecution.

[B]

Missy, if the defense loses and this evidence from the backpack comes in, how do they defend this case going forward?

[C]

So if all the evidence comes in, they're still gonna say it's a circumstantial case. There isn't an eyewitness that saw him pull the trigger on the street early in the morning, killing Brian Thompson and Laura. It's really going to be what we see in a typical case, and we're already seeing a little bit of in this hearing, they're gonna question the evidence, they're gonna say it's circumstantial. They're gonna say the prosecutors didn't fulfill their burden. The gun, for instance. There's been DNA matches, there's been ballistics matches. There's gonna be experts who they'll try and undercut the evidence that comes in from an expert from the prosecution. It's just gonna be all about reasonable doubt.

[B]

Let's talk about the backdrop to what's going on outside of the courtroom, because I continue to be struck at the level of support that this young man has received. A year into this, he is getting 6,000 plus letters of support in prison. There are, of course, plenty of people who think what he's accused of doing is reprehensible and should be punished. But I just wonder going into what is going to be a complete circus of attention around this trial, how much do you think that that's weighing on the judge here?

[C]

So there are a couple of different factors there. And I actually think this case is interesting because first of all, we're in a jurisdiction where publicity isn't really an unknown thing. Right? We're talking about a New York Manhattan court. So publicity is something that the courts deal with on a regular basis. But when we're talking about what's happening even leading up to the trial, there are all sorts of arguments that are being made by the defense that say Mangione has been prejudiced right from the get go because of the intense publicity on this case.

[B]

The perp walk, all of like the spectacle of it. Yeah.

[C]

Yes. All the statements, you know, he's facing charges in three different jurisdictions, Federal, New York and Pennsylvania, and even evidence that will be presented during the course of this hearing. The defense is making the argument that some of that should be shielded from public view. Shielded, be under seal for the purposes of the hearing because it would taint the jury. Say it never gets in.

[B]

Shouldn't hear what's in the manifesto today, Corre from the officers. Like they shouldn't be able to describe it even in the courtroom right now before there's even a jury.

[C]

Right. Even if it's relevant to these arguments that they should not be able to talk about what's in that manifesto. But the reason being because it might taint the jury pool. And to your point, I'm always stunned by it too. But there is a camp of people that are so passionate about Luigi Mangione and free Luigi and that purpose. And then there's a whole other crop of people that are passionate about, well, if he's the person that did this, then he should face the maximum penalty. And there's not a person in the world, unless they're living under a rock. And I think even on Mars that hasn't heard of the case and knows something about it, has heard of him and has some information. So a lot of that is going to have to be a very stringent jury selection process. It's like any high profile case, except this case has kind of taken on a life of its own. And I do think the judge is appreciating the nature of the case by virtue of some of the decisions leading up to the trial in these hearings. And that's just going to continue when you're talking about how this trial actually unfolds. And seating that jury, I think is gonna be a laborious process.

[B]

Well, it's a fascinating case. I know that you like to nerd out on it just as much as I do, so I'm so glad you were able to come on. Here's the scoop. Thank you, Misty.

[C]

Thank you, Laura.

[B]

We're going to take a quick break, and when we come back, we're talking gift card scams. The kind of scams that get you before you even leave the store. Stay with us.

[A]

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[D]

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[A]

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[B]

And we're back with here's the scoop from NBC News. Uncertainty. It's one of these buzz catchphrases that you hear right now when people are talking about the economy. But on Black Friday, you would not know it. People are loading up those cards, proceeding to checkout, spending a record 11.8 billion online. That's according to Adobe analytics. And that's a 9% jump up from last year. And shoppers? They're not done yet. Adobe says it expects U.S. consumers to drop $14 billion on Cyber Monday today, which would be a record high. But amidst all these great deals, a word of caution, if you will, a word of warning. Because when people are shopping, that means the scammers are out. Scammers are gonna scam. And I know because it happened to me. Yes, even I, your trusty legal correspondent was scammed caught up in a gift card scam a while ago. But lucky for me, my office is right next to Vicki Wen, our chief consumer investigative correspondent, and she jumped Right on the case. So today I wanna bring her in to talk about what went wrong, but also what's being done to prevent more people from being duped like I was, and some of the red flags that you might wanna look out for. Vicki, I'm so happy to talk to you, even if it was really to my detriment at first.

[D]

Listen, I do believe things happen for a reason. I'm so sorry this happened to you. But I can only say this is literally saved people millions of dollars hearing your story, understanding what to watch out for. So I'm glad we're teaming up again because gift card scams are rampant. So much so, the Department of Homeland Security is now involved. Laura.

[B]

So for people who have not heard me rant about this, the backstory to make it a short story is I went to my local CVS, I bought eight to 10 different gift cards, thinking I was playing Santa for everyone in Heron.

[D]

Very generous.

[B]

Loaded them all up with cash on my credit card, on my American Express, go to give them gift cards, thinking everything is fine. Come to find out the gift cards had been immediately drained. I didn't see any tampering with them. They looked totally fine. I had no reason to think anything had gone wrong. And yet when you heard this story, you found out I was not alone.

[D]

No, not by a long shot. And here it's called gift card draining. And for people who aren't aware, what happens is there are crooks out there who use really sophisticated technology and they are monitoring what's happening with those gift cards. You see racks and racks of them in stores like CVS or Home Depot or Safeway. Right. And so what they do is they record the barcodes and the activation codes, and then they use technology to let them know when money has been loaded onto the gift card. And then instantly they're able to transfer your cold hard cash off of the gift card that you plan to get.

[B]

Because they have the number and because they have already. And then they put it back on the shelf and they. And they use pretty glue. So you. I can't even tell it's been tampered 100%.

[D]

And in some cases, law enforcement have told me they suspect it can be an inside job. So sometimes the card, there is no outward sign of tampering. In your case, no outward signs of tampering because we looked at the cards together. And so now Homeland Security has teamed up with 20 major retailers. So big changes have happened since this occurred with your gift cards, Laura, because they know this is a multi billion Dollar scam industry. It often involves people who are coming here from China. The money is also used for drug trafficking, human trafficking, all sorts of other crimes. So what is going on now? You will see some changes to the gift cards themselves. In some cases, Target. For example, if you take a Target gift card up to activate it, the clerk has a special sticker and code behind the counter that they have to put onto the card, which the other thing that they're relying on consumers to do is to be aware that this happens. So when you are actually buying a physical gift card, they say, look for stores where the gift card rack is in the front. It is in a high traffic area where there are a lot of eyes on it. Pick from the top, the bottom, the back of the rack, not the ones right in the middle. Front and center. Those are more likely to be targeted by scammers. But the frustrating thing for me is there's no real answer to who makes you whole again, if your gift.

[B]

Because I was not made whole.

[D]

Nope. The credit card company, the retailer themselves don't help you. They all say that they have increased their training, that obviously, you know, this is a crime they want to remain vigilant on. But at the end of the day, the consumer, at this point, as far as I can tell, as far as our investigations have shown us, the consumer is still the one left holding the bag. Right? So I always say it's sort of a buyer beware. Cash is king in my book, because this doesn't happen. But if you must give a gift card, consider giving an E gift card. Tell the recipient so it doesn't go to their junk mail folder. If you receive a gift card, use it right away.

[B]

That's the thing. People shove it in a drawer, right?

[D]

Bankrate has a statistic. Consider this. 43% of Americans have an unused gift card sitting at home. That is 4 in 10Americans. That's nuts. To the tune of $244 on average per person. That's $27 billion in unused gift cards sitting in our households right now. So, you know, one other thing I would say is if you do want to give a physical gift card, shop small, do it for a local restaurant, a local retailer. Not only is it less likely that it's going to be drained in one of these scams, you're also supporting a business in your community. But I would just say beware, because this is one of those situations where consumers can do everything the right way. As you did. You went to a major retailer, you bought cards that were untampered with and yet your cards were still drained. And also for the person who receives the gift card, they're put in an awkward position because suddenly they're like, oh, I checked the balance and it has nothing. But do I tell Laura or don't I? It's awkward.

[B]

The recipients were afraid to tell me because they were afraid of offending me.

[D]

Right.

[B]

And I'm like, why would you be, why would you be afraid? I should be the one embarrassed.

[D]

If you are the victim, though, report it everywhere because that is the only way that we move towards more transparency. 12 states at least now have laws that have upped the penalties on gift card fraud. And also it gives authorities a chance to sp trends so they can put out warnings to the media, put out warnings to consumers so we can let people know what's the latest scam on the horizon. But Department of Homeland Security really working with these retailers, Project Red Hook, you know, they have tried to really crack down on these international crime rings that are using something you would never suspect. But gift cards, it's big business and it's a lot of money. And when that money disappears, it can be very difficult to get it back.

[B]

Vicki, thank you. I'm so glad that you are my neighbor in 30 Rock. I'm so glad that you have put me on the straight and narrow when it comes to gift cards. And I think your advice is going to be really timely to people this holiday season.

[D]

A pleasure to be with you on the scoop. Thank you, Laura. Thanks.

[B]

All right, let's get to some headlines. The Trump administration has frozen all asylum decisions and suspended visas for Afghan passport holders following last week's shooting near the White House that killed a 20 year old national Guard specialist and critically wounded another service member. The suspect, a 29 year old Afghan national who worked with the CIA during the Afghanistan war, had been granted asylum earlier this year under the Trump administration after applying during the Biden administration. Now Trump called it a terrorist attack. And the U.S. citizenship and Immigration Services says it's now halting all asylum decisions until officials can ensure that everyone is, quote, vetted and screened to the maximum degree possible. The two West Virginia Guard members were deployed as part of Trump's D.C. crime fighting mission. And the administration is now sending 500 additional troops to the Capitol. The World Health Organization has joined the GLP 1 party today issuing its first guidelines recommending these medications for obesity management in adults. This guidance, published in the Journal of the American Medical association, positions these therapies as part of a comprehensive long term strategy combining medication, behavioral support and, of course, ongoing follow up. The committee called GLP1s more than a scientific breakthrough, but rather a fundamental shift in how society approaches obesity. But WHO added this reality check medicine alone won't solve the problem. Still, timing matters. Many countries treat WHO guidelines like gospel for health policy, meaning the stamp of approval could improve global access to these medications. President Trump's Ukraine peace push is now moving to Moscow, following what both U.S. and Ukrainian officials described as productive weekend talks in Florida. Special envoy Steve Witkoff is expected to sit down with Vladimir Putin on Tuesday as President Zelensky works the phones in Europe, shoring up support and warning that some major sticking points with Washington still need to be ironed out. All of this comes on the heels of a revised 28 point peace plan, an update to Trump's original proposal meant to be more acceptable to Kiev. But Putin hasn't budged from his hardline position, insisting fighting will only end if Ukrainian forces pull back from contested territory. Secretary of State Marco Rubio called the Florida talks, quote, productive, but stressed that there is a long road ahead here. And complicating Ukraine's side of the table, a corruption scandal that forced out Keefe's top negotiator. Just days before these negotiations ramped up, did you know that two of your favorite leading men in Hollywood had some major beef over an iconic role in Thelma and Louise? In an interview with the Times, George Clooney revealed he and Brad Pitt were both gunning to be J.D. in the 1990s classic. It came down to the wire and Clooney made it to the final test, probably thinking he had it locked. But then Pitt swooped in with that flop of dirty blonde hair and that smirk, snatching the role, becoming the cheeky cowboy launching his entire career.

[C]

Simple as that.

[B]

Clooney admitted he didn't watch Thelma and Louise for years because he was annoyed. Petty king behavior, if you ask me. Pitt apparently still pokes fun at Clooney for losing out on the role because apparently when you're Brad Pitt, you get the role and eternal bragging rights. But let's be real here. Clooney turned out okay, and somehow, someway, they were able to reconcile and go on to star in an ever expanding Ocean's universe of good looks. P.S. steven Soderbergh, if you're listening, if you need a recovering corporate lawyer turned reporter for Ocean's 29, I think I could make myself available. And with that, we're outta here. Thanks for listening to Here's a scoot from NBC News. I'm Laura Jarrett, and if you like what you heard, subscribe. Wherever you get your podcasts later. Clorox Toilet Wand. It's all in one. Clorox Toilet Wand. It's all in one.

[D]

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[B]

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[C]

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[D]

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