Ben Shapiro (7:36)
Now, critics will argue, and they have argued, what's the point? Even with a federal pardon, Chauvin would still serve his state sentence. After all, AG Ellison is still in charge over in Minnesota, and so is Tim Walls. This is technically true, of course, but it fundamentally misunderstands the critical differences between federal and state incarceration that would make a presidential pardon extremely significant. Chauvin was arrested four days after Floyd's death. At first, he received a third degree murder charge, which would have required proof of intent or premeditation. But public pressure kept increasing. The mob demanded retribution. A Change.org petition to raise the degree amassed nearly 3 million signatures online, and RaiseTheDegree trended number one on Twitter. On the day of Chauvin's arrest, state prosecutors, knowing they could not successfully argue a first degree charge, decided to simply add a charge instead. Less than a week later, Chauvin was charged with second degree murder, which doesn't actually require intent. Coleman Hughes Meticulous 2024 analysis of the Chauvin case via the Free press exposes precisely why a pardon is morally imperative. Simply put, the prosecution failed to meet the constitutionally required burden of proof beyond reasonable doubt, the absolute cornerstone of our criminal justice system. When two plausible explanations exist for Floyd's death, one implicating Chauvin and one pointing to Floyd's severe heart disease and fentanyl levels, the legal standard would be acquittal. The case against Chauvin collapses under proper scrutiny of the evidence. To make matters worse, by May 2021, Merrick Garland's DOJ brought down civil rights charges against Chauvin for unreasonable force under the color of law. Having been found guilty on all counts in a state trial just a few weeks prior, Chauvin took a plea deal so he wouldn't have to face trial again. When basic judicial standards aren't met, when reasonable doubt clearly exists, as Hughes and others have meticulously documented, it becomes not just appropriate but essential for the President to exercise his constitutional power of clemency. The federal charges should never have been issued in the first place, which is exactly why the presidential pardon power exists to correct fundamental miscarriages of justice that occur within the federal system. Here's an additional and integral detail that aside from me, ironically only CNN has mentioned Derek Chauvin is currently serving concurrent sentences 22 and a half years on state charges 21 on federal charges Under Minnesota's state sentencing structure, inmates typically serve only two thirds of their sentence behind bars. The remaining one third is under supervised release. That's codified in Minnesota Statute 244.101, which stipulates that for felony offenders sentenced to a fixed executed sentence, the executed sentence consists of of two parts. First, a specified minimum term of imprisonment that is equal to two thirds of the executed sentence and second, a specified maximum supervised release term that is equal to 1/3 of the executed sentence. That means Chauvin would serve approximately 15 years of his 22 and a half year state sentence in actual confinement. But the federal system operates differently. Federal inmates earn good time credit that reduces sentences at a much lower rate than state systems. According to federal guidelines, prisoners can earn up to 54 days of good time credit per year for good behavior. On a 21 year federal sentence like Chauvin's, the maximum reduction would only be about 3.1 years, resulting in approximately 17.9 years of actual incarceration, three years longer than what he'd serve under Minnesota's more lenient system. Additionally, Minnesota recently enacted the Minnesota Rehabilitation and Reinvestment act, which could potentially allow prisoners to be released after serving about half of their sentence rather than two thirds if they demonstrate good behavior and participate in rehabilitative programs. While there are questions about Chauvin's eligibility under the specific exclusions of the MRRA, this could potentially reduce his incarceration time to 11.25 years if he qualified. So a federal pardon from President Trump wouldn't just be symbolic, it could potentially reduce Chauvin's actual incarceration by several years. Aside from all of this, he should have, through the appellate process, been granted a new trial due to the prejudicial, pretrial publicity, jury intimidation, the trial court's abuse of discretion, and failing to change venue, which collectively violated his constitutional right to due process and a fair trial. Before we continue, it's now essential to understand who Derek Chauvin was before that fateful day, because the media has shown absolutely zero interest in presenting a fair portrait of the man they've demonized. We'll get to more on this in a moment. First, you could be saving a fortune every month by switching on over to Pure Talk. That's right, PureTalk, my cell phone company, is cutting the fat from the wireless industry. For just 35 bucks a month, you can get unlimited Talk, text and 15 gigs of data with Hotspot on America's most dependable 5G network. The average family of four saves over $1,000 a year when they switch on over to peer talk. 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GCU Edu that's GrandCanyonUniversity GCU. Edu Derek Chauvin was born and raised in the St. Paul area of Minnesota. He attended Park High School in Cottage Grove, a predominantly white suburb, where he later lived as an adult. Although he didn't initially complete high school, Chauvin persevered. He obtained his ged, he attended several community colleges, and ultimately he graduated from Minnesota's Metropolitan State University in 2006 with a Bachelor's in law enforcement. Chauvin's dedication to service extended beyond law enforcement. He served as a military police officer from 96 to 2000, stationed in Rochester, Minnesota and Hohenfels, Germany. His career included work as a security guard as McDonald's cook before he joined the Minneapolis PD as a community service officer in January 2001, eventually serving 19 years on the force. Throughout his career, Chauvin received recognition for his service. He was awarded two medals of valor, one in 2006, another in 2008, as well as two medals of commendation in 2008 and 2009. In 2006, Chauvin was specifically recommended for a Medal of Valor for his role in a shooting incident involving a man who aimed a shotgun at officers, the exact kind of courageous action the media conveniently ignored when they were crafting their narrative about the deeply evil cop. The left wants you to believe that Derek Chauvin was a rogue officer with a history of brutality. They breathlessly reported that he had 18 complaints over his 19 year career, as if that's some sort of smoking gun proving he was a racist monster waiting to kill somebody. When you actually examine the complaints one by one, what you find is not a pattern of abuse, but rather the normal course of what tends to happen when you're policing high crime areas. For nearly two decades, the third Precinct where Chauvin worked had dramatically higher complaint rates than other precincts in Minneapolis. It's critical to understand that increase was not due to worsening officer behavior, but rather to changes in the complaint filing process that made it significantly easier for citizens to report perceived misconduct. Further context comes from understanding disciplinary outcomes. Only about 1.5% of complaints filed against Minneapolis police resulted in suspensions, terminations or demotions between 2013 and 2019. When including letters of reprimand, that rate rises to just 2.6%. This means the overwhelming majority of complaints were found by the Minneapolis Police Department to be specious. When we consider all these statistical factors, a department with a civilian review board with 80% more complaints working in the highest complaint precinct in the city with an exceptionally low rate of disciplinary findings, a statistically realistic benchmark for an officer in Chauvin's position over 19 years should probably be significantly higher than the national average of 1.8 complaints. Yet the media continues to utilize that last number to distort the national view of Derek Chauvin. So let's go through the complaints chronologically so you can see exactly what we're dealing with here. In 2006, Chauvin was one of six officers who responded to a stabbing. A suspect named Wayne Reyes, who had allegedly stabbed his girlfriend and a friend, was shot dead when he pointed a shotgun at officers from his truck. This wasn't an unarmed suspect gunned down in cold blood. This was an armed, dangerous suspect who had already violently attacked two people and was threatening to kill police officers with a shotgun. All the officers, including Chauvin, were put on paid leave during the investigation. That standard protocol. And of course, they were then cleared because they acted appropriately in the face of a deadly threat. In fact, Chauvin later got a medal of valor for his response in this incident. The media conveniently admits that Chauvin was commended for this incident. They prefer to count it as a complaint without providing the context that would show that he was doing exactly what police officers are actually supposed to do. Protect the public from violent criminals. That same year, in 2006, Chauvin and seven other officers were named in a federal lawsuit filed by an inmate at the Minnesota Correctional Facility. This is the type of frivolous lawsuit that gets filed against police officers all the time. How serious was it? The case was dismissed the following year. The media still counts that as a complaint against Chauvin. Now, the fact the lawsuit was dismissed tells you everything you need to know about its validity. That doesn't stop the media from including it in that running tally of complaints. In 2007, Chauvin received one of his only formal disciplinary actions for a traffic stop involving a female driver from Minneapolis who's allegedly going 10 miles an hour over the speed limit. Despite Chauvin being accused of being too aggressive. This was a complaint about a traffic stop. No one was injured. The discipline was a letter of reprimand, not a suspension. Not a demotion, not criminal charges. A letter. In 2008, Chauvin responded to a 911 domestic assault call. When he arrived, he and his partner confronted Ira Lattrell Toles, who was hiding in a bathroom. According to the police report, when Toles tried to flee, he grabbed at Chauvin's gun, forcing Chauvin to fire twice, hitting Toles in the stomach. Toles survived. Chauvin was placed on paid leave during the investigation. Again, that's standard protocol. The subsequent investigation cleared Chauvin. His actions were deemed appropriate when confronting a domestic violence suspect who attempted to take his weapon. In fact, he got another Medal of Valor for that incident. In 2011, Chauvin was part of a group of five officers who chased down a man named Leroy Martinez in a housing complex. After they spotted him running with a pistol, one of the officers, Terry Nutter, shot Martinez in the torso. Martinez survived. All the officers were placed on leave. They were ultimately absolved of any wrongdoing. Police Chief Timothy Dolan explicitly stated the officers acted appropriately and courageously. Again, this counts as a complaint against Chauvin, according to the media, despite the fact he didn't fire his weapon and was officially commended for his actions. In 2013, Chauvin and another officer witnessed a white male teenager shooting a Nerf dart out of a car window as part of a Nerf gun game among teenagers. When the teenagers arrived at the home of 17 year old Christopher Berg, Chauvin and the other officer confronted them. According to Berg, at least one officer drew a gun. They allegedly forced him into their car, shouting obscenities and berating him. Clearly, the police officers were responding to what could have initially appeared to be a real weapon. When Chauvin observed what appeared to be something fired from a moving vehicle, he he was operating in a context where, unfortunately, drive by shootings were not abstract possibilities, but regular occurrences that did injure and kill Minneapolis residents, including kids. His initial threat assessment, while it was wrong in this specific case, reflected the dangerous reality of policing in an area where objects fired from vehicles frequently meant bullets rather than foam darts. In November 2013, Minneapolis police pulled over Lashawn Braddock shortly after midnight based on a warrant. Braddock claims when he hesitated to get out of the car, an officer aggressively hit his window with a flashlight and then other officers tried to pull him from the car. Braddock admittedly hesitated to comply with police command, so it makes sense that after he hesitated to comply, officers used necessary force to subdue him. Noncompliance with police orders, even if you have a good reason, typically results in officers escalating their use of force. That is standard procedure nationwide. Another complaint stems from February 15, 2015, when Chauvin arrested Julian Hernandez at the El Nuevo Rodeo nightclub where Chauvin worked as an off duty security officer. According to Chauvin's report, Hernandez tried to leave the club through the wrong door and Chauvin escorted him down a stairwell. Hernandez, who admitted he had been drinking, claims Chauvin pushed him down the stairs outside. Chauvin reported that Hernandez tried to turn around as he was preparing to handcuff him, so he pushed him away by applying pressure toward his lingual artery. Hernandez claimed Chauvin told him, you just need to leave, but wouldn't allow him to leave, and then choked him. He said he tried to sue the department, but no lawyer would actually take the case, so he let it go. So here's the situation. An intoxicated patron at a nightclub trying to exit through the wrong door, escorted out by security, allegedly resisting being handcuffed. Chauvin applied a restraint technique to control the situation, which is typically what security personnel are supposed to do. The fact Hernandez couldn't even find a lawyer willing to take his case speaks volumes about the credibility of the accusations. In April 2016, Chauvin was involved in an incident with a man named Jimmy Bostick at the Midtown Global Market. Private security guards had asked Bostick to leave after he was accused of panhandling. Bostick argued. Chauvin was called in. Chauvin escorted Bostick outside, writing in the arrest report that Bostick had threatened to spit on the owner. I closed distance with Bostick, Chauvin wrote, and secured his neck, head area with my hand. Bostick claimed that his Chauvin and private security guards attempted to put him in cuffs. He yanked his arm back, and then Chauvin wrapped his arms around his neck. After being released from police custody, Bostick said emergency medical workers took him to the hospital, where he stayed for over a day due to an asthma attack. The disorderly conduct charge against him was eventually dropped. Bostic admitted to pulling his arm away when officers were trying to handcuff him. That is called a resisting arrest, and it typically justifies the use of physical restraint techniques. He was treated and released at the scene, deciding on his own to go to the hospital. This complaint, like all the others, resulted in no disciplinary action because Chauvin was following department protocols. In June 2017, Chauvin responded to a call where a woman named Zoya Code had allegedly tried to strangle her mother with an extension cord. Code claimed that her mom was the one swinging the cord around and that she merely grabbed hold of it, according to prosecutors. Based on Chauvin's report and body camera video, Chauvin told Code she was under arrest and grabbed her arm when she resisted. The two officers placed her in handcuffs, then picked her up and carried her outside the house face down. Chauvin then knelt on the side of Code's neck for less than five minutes until backup arrived, as per Minneapolis police protocol. The misdemeanor domestic assault and disorderly conduct charges filed against code were ultimately dropped. But no disciplinary action was taken against Chauvin because he was following department protocols for subduing a non compliant suspect in a domestic violence situation. One of the most volatile and dangerous calls officers respond to. In March 2019, Chauvin was involved in an incident with a man named Sir Riley Pete. According to the arrest report written by Chauvin, Pete was wandering around a gas station asking officers for a ride. After Pete refused to take his hands out of his pockets, an officer tried to grab him and they scuffled. Chauvin then sprayed Pete with pepper spray and restrained him, pinning him face down on the ground by kneeling on his lower back. Pete was arrested on charges of misdemeanor obstruction of the legal process and disorderly conduct, but court records are unclear about the outcome. Records show Pete has a history of court ordered treatment for mental illness. Again, this is a situation where a suspect refused to take his hands out of his pockets when ordered to do so by police. A major red flag that could indicate the presence of a weapon. Chauvin used appropriate force to subdue a non compliant individual who could have posed a threat to officer safety. So that's it. The supposedly damning 18 complaints against Derek Chauvin, what do they actually show? What they actually show is an officer working in high crime areas for 19 years dealing with non compliant suspects, domestic violence situations, armed suspects, intoxicated individuals. In all but one or two minor cases, investigations cleared Chauvin of wrongdoing. Most importantly, none of these complaints suggest racial bias of the incidents where the race of the individual is mentioned. We have complainants who are white, black, Latino, Native American. There is no pattern suggesting Chauvin targeted people of color. He was an equal opportunity enforcer of the law who operated in a diverse high crime area. The left would love you to believe these complaints prove Chauvin was sort of a ticking time bomb which should have been removed from the force years ago. But when we actually examine the details, what emerges is a portrait of an officer doing a difficult job in challenging circumstances, operating within departmental guidelines. Now, the left would rather you not know these details because they contradict the narrative that Chauvin was a racist monster who deliberately murdered George Floyd out of some sort of racial animus. But facts don't care about their feelings. The facts show Chauvin's record was typical for a veteran officer working in a high crime urban environment. Chauvin's Then wife Kelly Chauvin, a Hmong American who won the Mrs. Minnesota pageant, described him in a 2018 profile as such a gentleman and just a softie beneath his uniform. Derek's marriage was further collateral damage in the wreckage following Floyd's death and his own conviction. After revealing she hasn't been able to find work or resume her career as a Realtor because of threats and her own fear of exposure over the case. Experiencing vandalization of both the Chauvins homes in Minnesota and Florida and facing significant online harassment. Receiving hateful online remarks with some labeling her a self hating Asian, making derogatory comments about her interracial marriage. She ultimately ended up filing for divorce just one day after Chauvin was arrested and charged with third degree murder. Also requesting to change her last name. Now let's discuss the other side of the coin. The alleged victim, George Floyd. George Floyd was born on October 14, 1973 in Fayetteville, North Carolina to George Perry and Larcenia Cissy Jones Floyd. When Floyd was 2 years old, his mom moved with Floyd and his four siblings to Houston, Texas. After his parents separated, the family settled in the historically black neighborhood of Houston's Third Ward in the CUNY Homes public housing complex. To understand George Floyd's background, you really need to understand the reality of CUNY Homes, the public housing complex where Floyd spent his formative years. This wasn't some idyllic community with a few challenges. This was Houston's oldest public housing development, a crime ridden environment that residents themselves describe as horrible and like a hellhole. The statistics are staggering. Eight homicides in just the last 12 months, a four year homicide rate of nearly 62 per 100,000 residents, and approximately 25 homicides in the vicinity over just four years. Gang activity is so prevalent, residents report being approached by gang members warning them to go inside because they're about to start shooting. Residents live in what they describe as rat infested apartments with one resident explaining she's too afraid to report the violence, fearing retaliation. This is the kind of environment that shaped George Floyd's early life. A place so troubled it recently received a $50 million federal grant just to demolish and rebuild it entirely. Floyd was known as Perry as a child, later Big Floyd due to his height. At the time of his death, he was 6ft 4 inches tall and weighed 223 pounds. He showed athletic promise in high school. He played basketball and football. His football team even advanced to the Texas State Championships in 1992. He graduated from Yates High School in 1993, and he received a basketball scholarship to South Florida Community College, making him the first of his siblings to pursue higher education. Later on, he would transfer to Texas A and M's University Kingsville campus in 1995. Eventually, he dropped out. He worked as a truck driver, a security guard for the Salvation army shelter in Minneapolis, and as a bouncer at a bar. At the time of his death, he had five children with different women, ranging from 22 to 6 years old. As he entered adulthood, Floyd's life took a really troubled turn. By the time of the incident with Derek Chauvin, Floyd had accumulated a really lengthy criminal record. He had been incarcerated multiple times. 10 months in 1998 for theft with a firearm, 8 months in 2002 for cocaine possession, 10 months in 2004 for cocaine, again from 2009 to 2013 for aggravated robbery with a deadly weapon. That last conviction stemmed from a home invasion in which Floyd pressed a gun to a woman's abdomen while his accomplices ransacked her home. Floyd had been arrested a total of nine times. Let's examine each of those arrests and incarcerations chronologically. This is not about demonizing George Floyd. It's about understanding the full context of who he was, something the media has actively worked to prevent.