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Jordan
Welcome back to Unbiased, your favorite source of unbiased news and legal analysis. Welcome back to Unbiased. Today is Wednesday, December 18th, and this is your second to last Daily News rundown of unbiased season two. But don't worry, we're coming back on January 6th for season three. The show is going to be better than ever. Now one ask that I have of you and I'll remind you again tomorrow. But if you love Unbiased and you are grateful to have found the show and you listen on a podcast platform like Apple Podcasts or Spotify, please, please. As the season comes to a close, I would love if you could leave my show a five star review about why you love it. Many of you reach out and ask what you can do to support me and I usually offer three ways. One way is to engage with my advertising sponsors. The other is through Patreon. And then the third way is by letting others know how much you love this show. And one of the ways that you can do that is is through reviews. So thank you very much in advance. It is so, so appreciated. And now without further ado, let's get into today's stories, starting with a quick update and revision to yesterday's episode. You know, I never ever want to give you guys false information. So it's really important that I clarify this. In reporting on the Wisconsin school shooting yesterday, I very quickly mentioned that a second grade student had called the shooting into the police. That is false. It was a second grade teacher, not a student. The Madison police chief originally said that it was a second grade student, but then issued a correction yesterday saying, quote, yesterday after looking at the computer Aided Dispatch system, it seemed as if a call came from a second grader. It actually read that the call came from a second grade teacher. That was a mistake. That's my responsibility and I apologize. And, and I clarify that today. End quote. So please just note that clarification. And now a quick TikTok update. And as a follow up to yesterday's episode, the Supreme Court will hear arguments in TikTok's case against the government on January 10th. In yesterday's episode where I covered TikTok filing this emergency request with the court, I noted that there were essentially four routes that the Supreme Court could take. So the Supreme Court could have either granted TikTok's request to pause the lower court's ruling and just immediately set the case for arguments. They could have granted TikTok's request, but waited for TikTok to file a formal petition for review and then decided whether they would get the case on the calendar. They could have denied TikTok's request, but still immediately set the case for arguments. Or they could have denied TikTok's request, waited for TikTok to file a formal petition for review, and then decided whether or not they would take up the case. The justices went for option C, sort of. They basically said, we're not going to. We're not going to grant or deny your request. We're going to wait to rule on the request until we hear arguments, and we're not going to wait for you to file a formal petition for review. We're just going to treat this request as a petition for review and get this case on the calendar. Schedule it now for arguments on January 10. Per the court's instruction, TikTok and ByteDance will have until December 27 at 5pm to file their brief with the Court. The government has until January 3rd at 5pm to file their reply. And then January 10th is when the Court will hear oral arguments from both sides and they'll issue their decision at some point after that. With cases like this, it's hard to say how soon the justices will rule. It could be as short as a week after arguments, but it also could take as long as a couple of months. If they haven't issued a decision by January 19, which is the deadline for for TikTok to either sell or be banned, then the justices will likely temporarily pause the enforcement of the ban until they're ready to release that decision. So that is what you can expect there. But you will certainly be hearing an update from me on January 11, which will be one day after arguments are had. And I can kind of fill you in on where the justices are leaning. According to a newly released indictment, Luigi Mangione, the suspected killer of UnitedHealthcare CEO Brian Thompson, has been indicted on a slew of charges in New York. So we have first degree murder, two counts of second degree murder, two counts of second degree criminal possession of a weapon, four counts of third degree criminal possession of a weapon, one count of fourth degree criminal possession of a weapon, and one count of second degree criminal possession of a forged instrument. Now, that sounds like a lot, and it is. Let's be real. But don't worry, we are going to get into what all of this means. But first, I want to give you a little bit more context. So last week I mentioned that Mangione was facing multiple charges in New York, including murder charges, but he hadn't yet been indicted. Now he has. So when we talk about an indictment, what that means is that the prosecutor has presented evidence to a grand jury, and then that grand jury decided that the evidence presented was sufficient for an indictment, and that indictment was written up and unsealed. Now, let's talk about that first charge, murder in the first degree. First degree murder is always the most severe form of homicide with the most severe penalties. But the definition of first degree murder varies by state. So in New York, there are two ways you could be charged with first degree murder. You either intentionally killed specifically a law enforcement officer, a correctional officer, or a judge, or two, you intentionally killed any person, or while also carrying out certain serious felonies like kidnapping or terrorism. In Mangione's case, he is accused of intentionally killing Brian Thompson while also carrying out an act of terrorism. And I know many of you are probably wondering how this shooting classifies as an act of terrorism, considering it is a bit different than what we typically think of as terrorism. But here's why. In New York, the crime of terrorism is defined as any act that is committed with the intent to intimidate or coerce a civilian population or influence the policy of a government through intimidation or coercion. This terminology was actually enacted post 9 11. Now he's also facing two counts of second degree murder, one of which includes an act of terrorism as well. The other does not. And you might also be wondering why he's charged with both second degree and first degree murder. Essentially a way for the prosecution to cover all of their bases. Right. Second degree murder still requires intent, like first degree murder, but it is a slightly less severe charge with slightly different elements. So if a jury finds that Mangione is not guilty of first degree murder, a jury could still charge him or find him guilty of second degree murder. He also faces two counts of second degree criminal possession of a weapon. The first count is for possessing a loaded firearm with intent to use it unlawfully against another person. The second count is simply for possessing a loaded firearm outside of his house or place of business. The four counts of third degree criminal possession of a weapon relate to unlawfully possessing a weapon, whether loaded or not. And then the final charge of criminal possession of a forged instrument in the second degree is because of that fake New Jersey driver's license that he had. Mangione is still being held in Pennsylvania while he awaits extradition to New York. He is set to appear at an extradition hearing in Pennsylvania tomorrow, and his lawyers are now saying that he will not fight extradition, despite saying earlier that he would. So that may make the extradition process, you know, go a little bit quicker. Now, in a change of course, the House Ethics Committee has voted to release its report on former representative the Matt Gaetz. As we've discussed many times, the Ethics Committee was investigating allegations that Gates had sex with a minor and used illicit drugs. But that investigation came to a stop when Gates stepped down from his congressional position in the wake of his recent nomination for Attorney General. Shortly after Gates resigned, the Ethics Committee voted not to release the report, but said that they would revisit it once the report was finalized and that they did. And. And this time around, they voted to release it. What this tells us is that at least one Republican lawmaker voted with Democrats to release the report, and the committee says that the release will come sometime before Christmas. Gates released a statement on X after this vote writing, quote, the Biden Garland DOJ spent years reviewing allegations that I committed various crimes. I was charged with nothing, fully exonerated, not even a campaign finance violation, and the people investigating me hated me. Then the very witnesses DOJ deemed not credible were assembled by House Ethics to repeat their claims. Absent any cross examination or challenge from me or my attorneys, I've had no chance to ever confront any accusers. I've never been charged. I've never been sued. Instead, House Ethics will reportedly post a report online that I have no opportunity to debate or rebut. As a former member of the body, in my single days, I often sent funds to women I dated, even some I never dated, but who asked? I dated several of these women for years. I never had sexual contact with someone under 18. Any claim that I have would be destroyed in court, which is why no such claim was ever made in court. My 30s were an era of working very hard and playing hard, too. It's embarrassing, though not criminal, that I probably partied, womanized, drank, and smoked more than I should have earlier in life. I live a different life now, but at least I didn't vote for continuing resolutions that Fuck over the country. End quote. Now, unfortunately, Unbiased will likely be on break by the time that this report does get released, so I won't be able to cover it in an episode. But I will try to do at least something just to fill you guys in. Maybe post a video to social media, something along those lines. So if you are not following me on social media yet, now is a good time to do that. My handle on Both Instagram and TikTok is JordanIsMyLawyer. Let's take our quick break here. When we come back, we'll talk about Indiana's first execution in 15 years and some quick hitters. I am so excited to have Charlotte Tilbury as a sponsor of today's episode because so many of you have asked me for a makeup tutorial over the years. And while that's not my typical content, now I can actually let you in on some of my favorites. So I use the Charlotte Tilbury Hollywood Flawless Filter. It's one of her most popular products, but I use it as a base layer under my foundation and it gives my skin a really nice glowy look while also blurring and smoothing, which I'm all about. Another thing I love about it too is that it's skin care infused, which means it's super hydrating. Also, a lot of people ask what products I use on my lips. That would be Charlotte Tilbury's Lip Cheat Lip Liner in Shade Pillow Talk, but I actually outline my lips in the shade MI Kiss, which is a little darker and and then fill them in with Pillow Talk. Charlotte Tilbury is performance you can trust. It's legendary for a reason. You can use code CT podcast15 for 15% off on Charlotte tilbury.com plus new account holders get free delivery. Again, that's code CT podcast15 for 15% OFF on Charlotte tilbury.com this ad is brought to you by Charlotte Tilbury USA customers only and valid until March 2, 2025. For full terms and conditions and exclusions, see the Charlotte Tilbury website. Today's episode is sponsored by Acorns. Acorns is a financial wellness app that makes it easy to start saving and investing for your future. You don't need to be an expert. Acorns will recommend a diversified portfolio that matches you and your money goals. You don't need to be rich. Acorns lets you start with the spare money you've got right now, even if all you've got is spare change. So a few years ago I found myself in a pretty tough spot financially. I had to quit my job as a lawyer. I started a company on my own and I got to a point where I depleted my entire savings account trying to get that company off the ground. After feeling what that felt like, I told myself I would never let myself feel that again. And I knew that one of the ways I could avoid that feeling was by investing my money. Something my dad has actually preached to me since I was a little girl. But but at the time I didn't have much, so I wasn't sure I could even start investing. I always thought you had to have a big bank account to start, but to my surprise, I happily learned that wasn't the case. Sign up now and join the over 13 million all time customers who have already saved and invested over $22 billion with Acorns. Head to acorns.comunbiased or download the Acorns app to get started. Paid non client endorsement compensation provides incentive to positively promote Acorns tier 1 compensation provided investing involves risk Acorns Advertisers LLC and SEC registered investment advisor few important disclosures@acorns.com unbiased Last night the state of Indiana carried out its first execution in 15 years. Joseph Corcoran, whose final words were quote, let's get this over with, end quote, was convicted of quadruple homicide in 1997 and executed last night via the lethal injection. I will talk more about the lethal injection, but let's first talk about Corcoran himself and what he did. So five years before he was convicted of that quadruple homicide, he was actually charged but acquitted in the murders of his parents. Then in 1997, five years after the acquittal, he woke up one afternoon, heard his brother and three other men talking about him downstairs, which prompted him to grab a rifle and kill all all four men. Afterwards he walked to a neighbor's house, asked her to call 91 1, returned home and waited on the porch for the cops to show up. Court documents quote him saying, quote they made me mad. I shot them all. End quote. Now Corcoran's attorneys say he should have never stood trial due to insanity or incompetency, that his mental illness predated the murders. But when court Corcoran's attorneys tried to file a post conviction appeal on the basis of incompetency, Corcoran himself refused to sign it and therefore his conviction was never reviewed. But the reason that Corcoran's attorneys never stopped with this incompetency defense is because people deemed to be incompetent cannot be executed. So later, in 2003, Corcoran's attorneys argued at another hearing that Corcoran was incompetent, and in support of this, presented testimony by three mental health professionals who each diagnosed him with schizophrenia. The court, though, rejected the argument and found that Corcoran was competent enough to waive his appeals. Most recently, earlier this month, the Indiana Supreme Court ruled that Corcoran's attorneys failed to prove that anything has changed since he was deemed to be competent and therefore his execution could proceed. And in finding that, the court pointed to a recent affidavit signed by Corcoran himself, in which he stated that he wanted to abandon his appeals, and he attested to the fact that he understood the consequences of being executed. Since Corcoran's conviction in 1997, the Indiana Supreme Court has reviewed his case seven times, and the Supreme Court of the United States has reviewed the case three times. Each time, the conviction and sentence were upheld. So now a little bit on the lethal injection. Let's talk about that. The lethal injection varies by state. Some states use one drug, other states use 2. Some states use 3. Nebraska even uses 4. Indiana uses 1. It's a lethal dose of pentobarbital. The short story with the lethal injection and the reason the death penalty generally has slowed down in the United States in recent years is because the United States is having a harder time obtaining the drugs as time goes on. And this is really just because we've relied on other countries to get our drugs for decades. But over time, these other countries, like the eu, banned the death penalty and therefore stopped supplying us with drugs. And now we have a low supply. So what states do now is they try to get these drugs from compounding pharmacies here in the United States. But that has also led to issues with the actual drugs themselves. So, long story short, Indiana has not executed an inmate in 15 years, but just announced about six months ago that they were able to obtain more pentobarbital. So this execution follows that announcement. Just before the execution, Corcoran was asked whether he was ready to go, to which he responded, quote, not really. Let's get this over with, end quote. And according to the Department of Corrections, he requested Ben and Jerry's ice cream as his last meal. Now for some quick hitters, let's start with some congressional news. Congress has passed what's called a continuing resolution, which will keep the government funded into March and avoid a partial government shutdown on December 20. The bill that was passed today includes an increase to congressional salaries from 174,000 to 243,000 to reflect the cost of living changes since 2009 more than $100 billion in disaster aid, 10 billion in economic assistance to farmers, restrictions on U.S. investments in China, a requirement that ticket sellers and hotels disclose their full prices up front, the transfer of administrative jurisdiction over a sports stadium in D.C. a commitment from the government to pay the entire cost of rebuilding Baltimore's Francisco Key Bridge, an extension of the Homeland Security act, which authorizes officials to track drones and disrupt their control, and more. And the House of Representatives has passed legislation that will allow for the creation of a time capsule to be buried on the Capitol's West Lawn on America's 250th birthday in 2026. Per the bill, the capsule is to be opened on July 4, 2276, when the United States turns 500. The bill still needs to pass the Senate and get the President's signature, but if passed, the architect of the Capitol will be responsible for proposal preparing the capsule, and the contents of the capsule will include books, manuscripts, miscellaneous printed matter, memorabilia, relics, copies of important legislative and institutional milestones of Congress, a message from the current Congress to the future Congress, and more. And now moving on to some news out of the Supreme Court. The Supreme Court has launched a pilot program in which members of the public can apply for courtroom seating through a fully automated online lottery. As of last week, members of the public can start accessing the lottery for the February 2025 session through a link on the Court's website. The deadline to submit an application is 5pm Eastern Time, four weeks before the start of the February session and three weeks before the start of the session. The Court will notify applicants by email whether or not they got a ticket or have been placed on the wait list. I I do want to note that currently anyone can attend arguments at the Supreme Court. They are open to the public. So starting February 2025, the court will still provide some seating to the public on a first come, first serve basis. But this program is for those that want to ensure they'll be able to attend. And this is of course more more so, mainly for the controversial cases that tend to draw a bigger audience and therefore those who just show up may not get a seat. The Fed agreed to cut interest rates one more time this year, which will lower the federal funds rate to a range between 4.25% and 4.5%, a two year low. Projections released today show officials expect to make fewer rate reductions next year, with most showing two cuts if the economy grows at a steady rate and inflation continues to decline. And Grubhub, a food delivery service, has agreed to pay $25 million over allegations that it tricked users, delivery drivers and restaurants in an effort to grow its business more rapidly. The FTC and the Illinois attorney general have accused the delivery company of hiding the real costs on its app, leading to a final price that was often double what was originally advertised, inflating hourly pay rates and ads that were well above what drivers would realistically earn and and regularly listing restaurants on their platform without the restaurant's knowledge to gain national scale. The company has denied the allegations against it, but said the settlement is in the best interest of the company and Disney has decided to cut a storyline in an upcoming show about gender Identity an episode of Disney Pixar's Win or Lose show, which centers around a co ed middle school softball team in the run up to its championship game, was going to center around the gender identity of a trans character. However, Disney officials say now that while the character will still be in the show, it has decided to cut the storyline revolving around the character's gender. In a statement, Disney said, quote, when it comes to animated content for a younger audience, we recognize that many parents would prefer to discuss certain subjects with their children on their own terms and timeline. End quote. And in some rather unsettling news, a new report released this week from Gen z research firm DCDX says Gen Z will spend 112 complete days on their phones in 2024. Notably, the sample size wasn't huge. The firm gathered screen time submissions from 234 Gen Zers aged 16 to 27, but found daily average screen time rose in 2024 by over 15 minutes, amounting to 7 hours, 22 minutes and 43 seconds. What's interesting is that while Gen Zers aged 16 to 20 spent more time on their phones, those aged 21 to 27 saw a bigger increase year over year. DCDX also looked at what applications Gen Zers are spending so much time on. TikTok came in first place, Instagram came in second, and Messages came in third. I do have that report linked for you in the Sources section if you're interested in reading more. And finally, some cool news. Let's end this episode on a fun note. A New York homeowner recently discovered a complete mastodon jaw in their backyard. Mastodons, which diverged from early ancestors of the modern elephant, are said to have appeared first between 2 and 23 million years ago, but went extinct around 11,000 years ago. The New York homeowner reportedly found two teeth hidden by the leaves of a plant and and then dug more to find two additional teeth just below the surface. Officials and staff from the New York State Museum and SUNY Orange Community College excavated the rest and uncovered a complete jaw, a piece of a toe bone and part of a rib. That is what I have for you today. Thank you so much for being here. Have a fantastic night and I'm sorry, but also relieved to say that I will see you tomorrow for the full final episode of Season two of Unbiased.
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Episode Title: December 18, 2024: Ethics Committee to Release Gaetz Report, Indiana's First Execution in 15 Years, SCOTUS Takes TikTok Case, Mangione's Many Murder Charges in NYC, and More
Host: Jordan Berman
Release Date: December 18, 2024
Timestamp: [00:32]
Jordan Berman opens the episode by acknowledging it as the second-to-last installment of Season Two, hinting at an upcoming hiatus before Season Three launches on January 6th. He emphasizes the importance of accurate reporting by issuing a correction from the previous episode:
"In reporting on the Wisconsin school shooting yesterday, I very quickly mentioned that a second grade student had called the shooting into the police. That is false. It was a second grade teacher, not a student... I apologize."
— Jordan Berman [02:15]
Timestamp: [05:00]
Berman provides an update on the Supreme Court's decision to hear TikTok's case against the government, scheduled for January 10th. He outlines the Court's approach:
"We're not going to grant or deny your request. We're going to wait to rule on the request until we hear arguments... Schedule it now for arguments on January 10."
— Jordan Berman [05:45]
Key deadlines include:
Berman anticipates a possible decision as soon as a week after arguments or as long as a few months, noting potential delays in enforcing any bans.
Timestamp: [10:30]
Jordan discusses the indictment of Luigi Mangione for the murder of UnitedHealthcare CEO Brian Thompson. Mangione faces multiple charges, including:
Berman explains the legal strategy behind multiple charges to cover different bases in the prosecution. Mangione is currently held in Pennsylvania awaiting extradition, with an extradition hearing scheduled.
Timestamp: [15:20]
The House Ethics Committee has voted to release its report on former Representative Matt Gaetz, who was under investigation for allegations including sexual misconduct and drug use. Key points include:
Release Status: The report will be available before Christmas.
Gaetz's Statement: He denies all allegations and criticizes the process, stating:
"I've never been charged. I've never been sued... I live a different life now... I didn't vote for continuing resolutions that fuck over the country."
— Matt Gaetz on X [16:10]
Berman notes that the podcast might be on hiatus when the report is released but encourages listeners to follow him on social media for updates.
Timestamp: [20:00]
Indiana executed Joseph Corcoran via lethal injection, marking the state's first execution in 15 years. Corcoran, convicted of quadruple homicide in 1997, had a troubled history, including a prior acquittal for murdering his parents and a subsequent murder of his brother and three others.
Lethal Injection Details:
Corcoran's execution followed multiple legal reviews, with the Indiana Supreme Court upholding his competency despite claims of mental illness by his attorneys.
Timestamp: [25:00]
Continued Resolution Passed:
Time Capsule Legislation:
Timestamp: [28:45]
The Supreme Court introduces a pilot program allowing the public to apply for courtroom seating via an online lottery system starting February 2025. Key details include:
Berman highlights that general attendance remains open on a first-come, first-served basis, but the lottery offers a more secure option for enthusiasts.
Timestamp: [30:30]
The Federal Reserve has agreed to cut interest rates once more this year, setting the federal funds rate between 4.25% and 4.5%, marking a two-year low. Future projections indicate:
Berman notes the impact on borrowing costs and the broader economy, emphasizing the Fed’s cautious approach amidst economic indicators.
Timestamp: [32:15]
Grubhub has agreed to a $25 million settlement over allegations of deceptive practices aimed at rapidly expanding its business. Accusations include:
Grubhub denies wrongdoing but acknowledges the settlement is in its best interest.
Timestamp: [35:00]
Disney Pixar's Win or Lose initially planned to explore a trans character's gender identity within a middle school softball team's championship narrative. However, officials have decided to remove the gender-related storyline to respect parental preferences on discussing such topics:
"When it comes to animated content for a younger audience, we recognize that many parents would prefer to discuss certain subjects with their children on their own terms and timeline."
— Disney Statement [35:45]
Berman discusses the implications for representation and storytelling in children's media.
Timestamp: [38:30]
A report from Gen Z research firm DCDX reveals that Gen Zers will spend 112 days on their phones in 2024, averaging 7 hours, 22 minutes, and 43 seconds daily. Highlights include:
Berman references the report’s findings and provides a link for listeners interested in detailed data.
Timestamp: [41:50]
Concluding on a lighter note, a New York homeowner unearthed a complete mastodon jaw in their backyard, alongside teeth, a toe bone, and part of a rib. Mastodons, ancient relatives of modern elephants, roamed between 2-23 million years ago and became extinct around 11,000 years ago. The discovery involved collaboration with the New York State Museum and SUNY Orange Community College for proper excavation and preservation.
Berman remarks on the significance of such paleontological finds and their contribution to understanding prehistoric life.
Jordan Berman wraps up the episode by expressing gratitude to listeners and reminding them of the upcoming hiatus before Season Three. He encourages engagement through reviews and social media to stay informed during the break.
Notable Quotes:
Jordan Berman on Correction:
"I never ever want to give you guys false information. So it's really important that I clarify this."
— [02:15]
Joseph Corcoran's Final Words:
"Not really. Let's get this over with."
— [21:05]
Matt Gaetz's Statement on X:
"I've never been charged. I've never been sued... I live a different life now..."
— [16:10]
Disney's Statement on Gender Identity Storyline:
"When it comes to animated content for a younger audience, we recognize that many parents would prefer to discuss certain subjects with their children on their own terms and timeline."
— [35:45]
This comprehensive summary encapsulates the key topics discussed in the episode, providing listeners with a clear and detailed overview of the major news and legal analyses presented by Jordan Berman on Unbiased Politics.