Daniel Penny Acquitted!

Hey, everybody. Enjoy this episode. Become a member. Members.CharlieKirk.com. That is members.CharlieKirk.com. Email us as always freedom at CharlieKirk.com and become a member to support this program.

Buckle up, everybody. Here we go. Charlie, what you've done is incredible here. Maybe Charlie Kirk is on the college campus. I want you to know we are lucky to have Charlie Kirk. Charlie Kirk's running the White House. I want to thank Charlie. He's an incredible guy. His spirit, his love of this country. He's done an amazing job. Building one of the most powerful youth organizations ever created, Turning Point USA. We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.

That's why we are here. You can find us on Noble Gold Investments at NobleGoldInvestments.com. That is NobleGoldInvestments.com. It's where I buy all of my gold.

Go to NobleGoldInvestments.com for more information. Charlie Kirk has delivered a unanimous, not guilty verdict for Daniel Penny. The state of New York's effort to ruin his life, to put him in jail for years, if not more than a decade, has failed. We can all celebrate today. I think we can agree this is the biggest courtroom win for an ordinary American since Kyle Rittenhouse a few years ago.

And we're doing our best to get a reporter who was inside the courtroom when this came down. Until then, do we have Jack? Jack, welcome. Welcome, Jack. We have Jack Posobick joining us. Can you hear us? I've got you, Blake. What's going on? Excellent. Jack, this is a great day.

This is huge. This is a huge moment for America, and I want people to be very clear that this is just four years after the George Floyd racial reckoning moment, which, Blake, I know you and Charlie have discussed so many times, that this comes at a time where, just a couple of years ago, right, a case like this with the racially charged overtones, where people were saying, oh, this is a white man and a black man, where in many instances in New York, particularly under D.A. Alvin Bragg, who is a Soros-backed D.A., the same guy who went after Donald Trump in the same jurisdiction where they're going after Steve Bannon this February, was putting all this together. And so many people looked at the video and said it's a clear case of self-defense. It's an obvious case of self-defense. There was even a case last year where a guy stabbed someone to death on the subway, and those charges were dismissed because that was, again, self-defense regarding a homeless person that was acting crazy on the subway. The only difference was, in that case, the individual was black, in this case, the individual was white, and so he had the book thrown at him.

Now, Daniel Penny, we have to understand this is a moment for the country, this is a moment for the, I don't want to say the movement, this is just the mood of the country, the moment for society, a moment where people can say, you know what, we do want to live in a country that has rules, that has standards. Obviously, it was a terrible situation, it was a situation that nobody wanted to be in, a situation that nobody wanted anyone in, but instead, we have a situation now where people can get up and say, you know what, we're sick and tired of the crime. So I had heard last week from, you know, take with a grain of salt, but I had heard that there was some rumor going around the DA's office there in Manhattan that the jury, yes, while they were deadlocked, the deadlock was actually towards acquitting even last week, and that it was 10-2, and that there were only two holdouts saying that they wanted to find him guilty. Now, this was on the earlier second-degree manslaughter charge today, it was the essentially involuntary manslaughter charge, they call it something a little bit differently in New York. But Blake, here's my question, because that first, and this is more of a legal question, because that first charge was dismissed and not ruled on, could that charge still be brought?

I don't necessarily think that they're going to, but is that a possibility? My understanding is no, that because they went through the whole trial, at that point, in legal parlance, jeopardy had attached. And so it would be double jeopardy to try to bring the charge again at this point, because otherwise, you know, you could say, oh, you know, the trial's not going well, the jury doesn't look good, dismiss it and refile it. So that would be abusive. So I think Penny is golden on the New York legal front. The vulnerabilities would be a federal charge against him, which I think very safe to say that won't be happening with President Trump in charge.

If anyone tried to bring that, I think we would get them turfed out pretty quickly. The other possibility would be a civil case against him. That's still sadly a possibility.

Well, I think he is. I think they have to. I do believe that they've filed a wrongful death lawsuit against Penny in the case. So walk us through, and by the way, that would be something, and I haven't talked to anyone about this, but I do know that there's that Gibson Go, and we, I guess it was a year and a half ago when this happened, I think it was May of 23.

Please make sure that you're still giving to the Gibson Go for Daniel Penny. I'll go find it and post it on my Twitter accounts, up on X and across my social medias. And while this is a great day, and we're going to talk about this, and there's a lot that's gone into this, there's been a lot that, you know, it certainly goes with the current mood of the country right now, where I think people are sick of wokeness, they're sick of social justice, they want to get away from this stuff. And more importantly, they want to get away from crime, they want to live in a place where, and Stephen Miller was at the Turning Point event, this incredible Turning Point event in Mar-a-Lago last weekend, last Saturday night. I know Charlie was in rare form that night, and it was an incredible celebration. Stephen Miller got up and spoke and he said, every single American, regardless of your background, has the right to live in safe cities and safe neighborhoods.

You should be able to ride a train in this country in one of America's greatest cities, New York City, without having to worry about you and your family and your children being accosted. And unfortunately, in this situation, someone did accost them, but you had a hero named Daniel Penny, who didn't do anything wrong. In fact, he did everything right. But I do want to also point out that because of this lawsuit that's still going on, please go and check out the give, send, go for Daniel Penny, because it does look like he's still facing some legal repercussions on that front. Yes, absolutely.

We'll be watching that. We obviously care that Daniel Penny get his life on track as much as possible. And that goes beyond just beating these unjust charges. But as we like to say, today is a day for celebrating. This is a victory for ordinary Americans. This is a victory for ordinary, everyday heroes. This is a proof that America both still creates heroes and that America can still honor and defend heroes rather than destroying them. So this is a very happy day. I think we can all agree this is a day worth celebrating.

And I'm sure we also, you know, maybe we haven't seen the last of Daniel Penny in our movement. We'll see. I imagine a lot of people will be getting to work on that front. As you said, another big win here.

We already see it on X. People are saying this is the day BLM dies, the movement that sort of terrorized America, that said, if you don't listen to us, we will burn your stores. We will burn your city.

We will make your cities unlivable. They demanded that Penny go to prison. They were just this morning. They were protesting so loudly that on the 13th floor of the courthouse where the jury was deliberating, their chance demanding that Penny go to prison could be heard. There were arguments that that would be grounds for a mistrial all on its own. But if the jury was able to hear those protests, they ignored them.

They didn't care. And BLM's ability to just terrorize the country is broken. People understand this is a con job. This is a scam.

This is bad people who want bad things to happen to America. And, Blake, I do have a report from this guy, Matthew Russell Lee. He covers a lot of these cases. He goes into the courtrooms and live tweets them. And he's not one side or the other.

He's very straight down the middle. And he is he tweeted that when the not guilty charge came out, that from the Penny side, there was applause. They were cheering. The judge asked him to be quiet. And I'm just going to read what it says. From the Neely side, someone said, gonna be killed. The judge instructed that person to be taken out. Then someone else from either someone else from the Neely side or someone else or the same person responded. It's a small world, buddy.

It's a racist country. So it sounds like there were people who were even threatening Penny inside the courtroom as the as the verdict was down. So these people are still there. We're still there. Election Day 2024 is in our rearview mirror and conservatives are fired up that President Trump heading back to the White House in January. But our fight isn't over.

And I'm asking you for your help. Conservatives for lower health care costs are warning us that big pharma and the far left are scrambling to fast track a big government scheme to eliminate free market forces and health care before the GOP can take control of the White House and Congress. This pharma backed scheme called the linking would hand a massive 32 billion dollar windfall to the biggest drug companies and guess who would pay hardworking American customers, consumers, seniors and taxpayers. You can help stop big pharma's money grab from American seniors and taxpayers by going to pharmawindfall.com right now. Congress must reject big pharma scheme to boost drug companies profits, keep drug prices high, undermine competition, health care and hike health care costs for American people. Please go now to pharmawindfall.com to join this urgent fight.

Portions of Charlie Kirchner are brought to you in part by conservatives for lower health care costs. Other breaking news. It's just coming out now. They may have arrested the CEO shooter from New York.

There is apparently a person much like him who also had a suppressed pistol that they just arrested in Altoona, Pennsylvania. So we may be getting a lot more information on that front. There is a lot going on today.

But right now, we want to be joined. We have a reporter who was covering all the events of this trial. A lot of his coverage went viral.

He was giving us a lot of information. Do we have Joe? Hi. Yeah.

Can you hear me OK? There we are. All right. Welcome, Joe.

Thank you for coming on. So this is an independent reporter, Joe Brucker. So you were covering the entire trial. So let's get right to the most important thing. What was the moment like when the verdict came in? How did people react?

Absolutely, yes. Very high emotions. There was a huge outburst of sound and emotion, major wave of commotion. At this point, a couple of the major protesters who had been sitting in on the trial were already outside.

So this came from Jordan Neely's father, who was suing, actually, in a civil suit. He was actually asked to leave the courtroom after this. There have been so many outbursts and so many interruptions during it. They had actually quieted down somewhat. And so there was some expectations that it would be even louder.

How about, could you see Penny himself? Did he show any emotion? You know, obviously it was very viral when Rittenhouse started sobbing after the verdict, but we couldn't see in New York's case. Right. They actually rushed out of the courthouse fairly quickly.

I was not able to get a view of that particular instance. And they did not give any sort of press after the verdict either. One thing to keep in mind is that there is still a civil suit looming.

And if you remember the Bernard Goetz case, there was a major civil suit afterwards, tens of millions in liability. So they may have been trying to contain any sort of information that could be used to indicate feelings of guilt. And you were also reporting on the chance, the threatening protests outside of the courthouse. Could you really hear those? Do you think the jury could hear it 13 stories up?

Absolutely. So we were 13 stories up and those protests were all the way on the first floor. You could hear it from the other side of the same 13th floor. The jury is deliberating. There was speculation but not confirmation that we could get that the jury was hearing this as well, and that this was either intimidating or influencing the jury.

Part of the issue, too, was that there wasn't really anywhere else for them to move them that would have been any better. The judge offered to ask the jury, hey, if you have any notes for us that you're able to hear this, we'll try to move you, but communicated to both parties that even if that were the case, it's not that we'd be able to move them anywhere that would be quieter. So my colleague Jack is saying, someone was saying there were threats from the Neely side inside the courtroom. Did you observe that? Yeah, so Hock Newsome did actually say it's a small world, and some of the reporters heard it's a small world whitey, some of the reporters heard it's a small world buddy.

So a little bit of back and forth on that. But yes, that could have been interpreted as a threat. As Hock Newsome, the founder of Black Lives Matter Greater New York, was leaving. Then outside of the courtroom during the press conference of the various activists that were involved, Hock Newsome did call for black vigilantes specifically.

Oh my gosh, that's crazy. So were you speaking with other reporters? Was it a surprise the verdict came in the way it did this quickly after the drop charge last Friday? Was there a sentiment on how the jury was likely to go? Is this outcome expected or surprising?

Sure, sure. I think that many in the courtroom were expecting that we would get another hung jury. The difference between, they indicated that they were still debating self-defense, which applies to both negligence and manslaughter, when they arrived there at being a hung jury. So many were expecting that that debate would either carry over or this would indicate that they had ruled that this didn't matter, in which case they would have much more to either deliberate on or rule guilty. So yes, there was surprise that it was this verdict this quickly after the hung jury.

Also the period of time, I mean, we had four days of deliberation before we had the hung jury and then five, almost like 30 minutes before a verdict. Folks, your halls are decked with holly and the sound of Andy Williams on the radio tells us to be of good cheer. But often the joy of the season is lost in the hustle and bustle. That's why my friends at Hillsdale College produced a free online course on Charles Dickens' A Christmas Miracle. You're likely familiar with the story of old miser Ebenezer Scrooge and his three ghostly visitors. Scrooge famously refuses to be charitable in order to decrease the surplus population.

But there's more to Scrooge, which is why we cheer for him year after year. In this free online course, you'll learn how Scrooge's frightening and enlightening encounters reveal the joy of Christmas. You can register today at charlieforhillsdale.com. That is charlieforhillsdale.com. Charlieforhillsdale.com. My friends, do treat yourself to Hillsdale's new free online course on A Christmas Carol. Sign up today by visiting charlieforhillsdale.com. That's charlieforhillsdale.com.

And on behalf of my friends at Hillsdale College, have a Merry Christmas. Daniel Penny has been acquitted. It's great news for pretty much all Americans.

Other than, I guess, people who want to terrorize criminals or terrorize innocent people on the subway. I want to play a clip that we have. This is the response of Jordan Neely's father to the news today.

Let's play clip number 20. I just want to say I miss my son. My son didn't have to go through this.

I didn't have to go through this either. It hurts. Really, really hurts. What are we going to do, people?

What's going to happen to us now? I had enough of this. System is rigged. Come on, people. Let's do something about this.

So it's that last line there that stands out. Let's do something about this. And I couldn't quite make it out, but I think you could hear some protest chants going on in the background as well. Do we still have Joe with us?

Welcome back, Joe. Yes. Yes. So I'm not sure if you could hear that, but we were just playing the clip of Jordan Neely's father saying, let's do something about this.

So I was wondering, you know, we ran out of time there before the break. Could you expand a bit on the overall vibe? Did it feel menacing around the courthouse at all, like there was a very strong cohort of people really braying for Daniel Penny's blood?

It's interesting. That is the first time that I had actually heard Jordan Neely's father's words, even though I was only a few feet from him. His voice is a little quieter, but he was completely drowned out by the protesters who were across the street.

I'm sitting in the courthouse now. The tone was extremely loud this morning. All of the reporters had noted that this was more intensity than we'd ever seen any other day of trial in terms of hearing these protesters, which we've heard very, very consistently. Later in that same press conference, you'll hear Hawk Newsome, the founder of Black Lives Matter Greater New York, call for vigilantes, black vigilantes, seemingly in response to how he sees Daniel Penny. Earlier, Thomas Kenniff, who is the defense attorney for Daniel Penny, brought up several chants that he interpreted as threats specifically against the jury. Quote, if we don't get no justice, they don't get no peace. ADA Iran seemed to dismiss the likelihood of that, even saying that she hadn't heard any of some of these slogans at all, but the judge denied the equivocation later and agreed that there aren't two sides to this. Looking back over the course of the trial, you were able to observe the jury.

Obviously, there's also a lot of experts there. Do you have a sense maybe what proved decisive in Newsome being able to win his freedom? Is there something that really affected people?

There are two big things that became issues of focus. One for Daniel Penny is the question of self-defense, which the last indication that we have is that this is something that the jury was fixated on. We had testimony, emotional testimony, of a mother who was protecting her child and who had thanked Daniel Penny.

There was a woman who thanked Daniel Penny after the event. There was testimony describing—we had an expert witness going through his psychiatric records and describing just how scary and intimidating it could be for somebody who was going through a psychiatric episode. They really, really tried to emphasize the extent to which the subway passengers did or could have felt threatened.

Daniel Penny, in his interview with the police, says, I look, I see women, I see children, and that was his impetus. The other issue is that the prosecution had to prove the cause of death was the chokehold. The defense put up this theory.

We don't know, obviously, to what extent the jury felt doubtful towards the prosecution's case. But he did have this sickling event, an extremely rare event, that is just how rare this event is, even though people have sickle cell trait. Both medical examiners, the prosecutions, and the defenses both agreed that this is an extremely rare event that inhibited the oxygen flow to Gordon Neely's cells. Also, the jury was very focused that the medical examiner gave up looking or said something to the extent that she didn't need more information after seeing the video.

She had toxicology reports on the way, she had other information on the way, and she decided not to move forward with it, or didn't need it to decide the cause of death as the chokehold, which, obviously, many people ran away. Alright, I think we're getting the clip here. Yeah, this is what you were just describing, I think. Let's play Hawk Newsome, getting a little menacing after the announcement today.

Let's play clip 21. Yeah, pretty strong words. Wow, that was some volcanic rhetoric. I think, obviously, that'll have a lot of people on edge. I think what we can be hopeful for, though, is, I think what we're all hopeful for is that this won't cause an explosion of violence, or looting, or anything like that.

I think what most of us would prefer is for people to just tell them to go away, and, you know, maybe he'll get slapped with, you know, some sort of charges over that if it's too inflammatory, but a lot of this is, it's just, people, it's crazy to think that four years ago, everyone just went in fear of this group of people. They could get almost anyone prosecuted, thrown in jail, they almost could act with impunity, and this time, they didn't get their way, and a heroic man, an innocent man, is going free. And I know, I know, I'm celebrating, I guess I don't, you know, you're a reporter, I don't want to expect you to celebrate off the cuff, but I think this was the right outcome in the case, and I know a lot of people were following this, and it's good to see that people didn't get the tunnel vision of thinking that the protesters who were right outside, who, you know, were not going to work that day, and were just coming in to protest during the trial, that they were not the mob that would just get its way. Any other thoughts on the case?

I mean, you've been following it longer than just about anyone. Yeah, I mean, I guess the biggest thing is that it's not over yet. We have, we have potentially the civil trial, if you recall, Bernie Getz, you know, he was acquitted, but then had this major civil trial afterwards, in which a judgment was levied against him. Tens of millions of dollars, apparently, he's still, his livelihood is still affected by this. So, you know, this is, this is certainly a victory for Daniel Penny, but it's not the end of the road, and it's also not the end of the road in terms of the public reaction. In the days after the original lack of charges against Penny, and the protests following, you know, protesters had been arrested with accusations of throwing Molotov cocktails and such. In fact, that hearing was during this trial, so the story is certainly not over.

Joe, thank you very much, and thank you for coming on. And yeah, I'm just taking, I'm taking in the full extent of, of what this is all going to mean, and I think you're correct that a big thing we need to focus on is it doesn't end here. We have to, obviously, if you can donate to support him, if his Give Send Go is still operating, we'll want people to support that. And we have to make sure that we follow up on building a world where there's not even a fear that if you are protecting your fellow Americans when they're in distress, when they're in danger, that you would have to worry about this sort of punitive, anarcho-tyranny, lawfare being levied against you. Because I'm already seeing people say this, that the damage is already done, that because Penny had these charges brought against him, that no one is going to step up to protect innocent people if they see them in danger. And so we need to make sure that we rebuild people's heroism, that we can send the message that this is, this prosecution was a one-off, it will not recur.

So I think we need to look, I don't think we should forget what we were talking about while this case was still underway. There was a lot of focus on the prosecutor in this case, I can't have her name, the assistant DA, do you remember her name? Daphne Rand. Yes, so… Yeah, assistant DA Daphne Rand, very interesting character, absolutely. Yes, so, you know, people resurface, actually I think you even posted it, the video where she was gloating that she managed to get a radically reduced sentence for a man who, he murdered someone just during a mugging at an ATM, correct? My understanding of the event, so Daphne Rand brought the first restorative justice case to New York City, or at least that's one of her claims to fame, and the case in which you're referring, I believe the perpetrator stuck up an elderly professor, I think it was, who was shoved over in the course of that altercation, in the course of that robbery, he hits his head and dies as a result of those injuries. Then, following that, she agitates for a reduced sentence.

Now, if you're interested in this, there's also another case with this woman named Madeline Fram, she spoke to the RNC this year, and also testified to the House Judiciary Committee and calls out Daphne Rand by name for an unsatisfactory sentence along these same lines. Alright, do you have social media people want to follow, or a publication where people can read your work? Sure, yes, my Twitter is, you can follow me on Twitter, I'm at J-B-R-U-C-J. I'm Joseph Bruker, and I'll be writing up on this for IM1776. Joseph, thank you very much, thanks for all of your work covering this massive story, and thanks for coming on the program. Thank you so much for having me. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.