HARVEY WEINSTEIN MADE
HIS PERP WALK INTO THE COURTHOUSE TO POST A
MILLION-DOLLAR BAIL WHICH HE ESSENTIALLY JUST DROPPED ON THE
TABLE AND WALKED OUT.
HARVEY WEINSTEIN IS A CONSEQUENCE OF
THIS MORNING ACTIVITIES WILL BE FITTED WITH A GPS DEVICE BECAUSE
HE HAS BEEN CHARGED WITH RAPE AND HE CANNOT LEAVE THE AREA OF
NEW YORK OR CONNECTICUT.
HERE IS HOW IT WAS DESCRIBED, THE VIDEO THAT WE HAVE BY
THE ASSISTANT DISTRICT ATTORNEY.
THE CHARGES HERE TODAY ARE A RESULT OF MONTHS OF
INVESTIGATION AND THAT INVESTIGATION REVEALED THAT THIS
DEFENDANT USED HIS POSITION, MONEY, AND POWER TO THE WERE
YOUNG WOMEN INTO SITUATIONS WHEN HE WAS ABLE TO VIOLATE THEM
SEXUALLY.
OUR INVESTIGATION IS ONGOING AND WE HAVE ENCOURAGED OTHER
SURVIVORS TO COME FORWARD.
THAT LITTLE REACTION THAT HE HAD WHEN HE HEARD VIOLATE
THEM SEXUALLY, IT WAS THIS WEIRD LITTLE DISMISSIVE, WHEN YOU
MAKE OF THAT MOMENT?
I THINK HE WAS JUST HAVING A FLASHBACK THE POTTED PLANTS.
THEY GOT ME.
HIS LAWYER MADE SOME STATEMENTS, WHICH WE PULLED
VIDEO OF.
HERE IS HIS LAWYER BENJAMIN BRAFFMEN.
HIS FIRST
STATEMENT WAS ABOUT HINTING AT WHETHER THE JURY WILL
BELIEVE THIS AND WHETHER THEY CAN FIND THE RIGHT KIND OF
JURY IN HIS MIND AT ALL.
TAKE A LOOK.
MANY OF THESE OBLIGATIONS ARE LONG OVERDUE QUITE FRANKLY
HAVING BEEN MADE ABOUT EVENTS THAT ARE ALLEGED TO HAVE
OCCURRED MANY YEARS AGO.
THEY WERE NOT REPORTED TO THE POLICE
AT THE TIME.
THESE EVENTS OCCURRED AND I ANTICIPATE THAT
THE WOMEN WHO HAVE MADE THESE ALLEGATIONS WHEN SUBJECTED TO
CROSS-EXAMINATION IN THE EVENTS WE EVEN GET THAT FAR, THAT
THE CHARGES WILL NOT BE BELIEVED BY 12
PEOPLE, ASSUMING WE GET 12 FAIR PEOPLE WHO ARE NOT CONSUMED
BY THE MOVEMENT THAT SEEMS TO HAVE OVERTAKEN THIS CASE.
SO THE MOVEMENT THAT SEEMS TO HAVE OVERTAKEN THIS CASE.
ALL I HAVE TO SAY ABOUT HIM AS BEETLEJUICE,
BEETLEJUICE, BEETLEJUICE.
I HOPE HE DISAPPEARS.
WHAT IS IT WITH THE OLD-SCHOOL NEW YORK GUYS AND THE HAIR?
TRUMPS DOCTOR, WEINSTEIN'S LAWYER.
ANYWAY, SOME POTENTIAL
BAD NEWS HERE.
I READ A FAIRLY PERSUASIVE ARTICLE
ON LAW AND CRIME ABOUT HOW HE MIGHT GET AWAY.
OF
COURSE THERE IS 1 MILLION THINGS THAT CAN HAPPEN BETWEEN NOW
AND THEN BUT OUR JOB IS TO ANALYZE RIGHT?
FIRST OF ALL, LET'S ALSO NOTE A TERRIBLE THING THAT THE LAWYER
SAID.
HE SAID HARVEY WEINSTEIN DIDN'T INVENTS THE CASTING COUCH
DOTS IN THE COURT OF PUBLIC OPINION, THAT IS ABOUT A BADDEST
THING YOU CAN SAY.
WHAT'S THE BIG, EVERYBODY WAS RAPING WOMEN
WHO ARE COMING IN.
BUT IN THE ACTUAL COURT, THAT MIGHT NOT BE
AS BAD AS IT SOUNDS TO US, SO HE IS GOING TO SAY SINCE IT WAS
SUCH AN INDUSTRY-STANDARD THAT YOU WOULD HAVE TO SLEEP FOR A
JOB, IT MIGHT'VE BEEN THAT THE WOMEN ASSUMED THAT THEY WERE
PART OF THAT PROCESS HENCE IT WAS NOT ONLY AGAINST THEIR WILL,
THAT IN HOLLYWOOD, YOU MUST SLEEPER A JOB AND THEY ARE
CHOOSING TO DO THAT.
THAT IS GOING TO BE PART OF HIS CASE.
IT IS GOING TO BE HARD TO PROVE WHAT WAS IN PEOPLE'S HEADS.
A
REALLY IMPORTANT PART OF THIS CASE IS THAT BECAUSE OF THE
STATUTE OF LIMITATIONS, THEY COULD NOT CHARGE HARVEY
WEINSTEIN WITH LOWER CRIMES.
THEY HAD TO CHARGE THEM WITH
FIRST-DEGREE RAPE AND FIRST-DEGREE SEXUAL ASSAULT
BECAUSE THE LOWER CRIMES, ESPECIALLY FOR THE 2004 CASE ARE
TOO OLD BUT THE GOOD NEWS IN NEW YORK IS THAT THERE IS NO STATUTE
OF LIMITATIONS ON RAPE IN THE 1ST∞.
THE BAD NEWS IS YOU HAVE
TO PROVE THE HIGHEST CHARGE POSSIBLE SO FOR EXAMPLE IN ONE
OF THE CASES THEY SAY THE WOMAN FELL INTIMIDATED AND THREATENS,
BUT IN NEW YORK LAW, IN ORDER TO PROVE FIRST-DEGREE AND THIS IS
WHERE IT GETS TRICKY AND THAT'S WHAT THE LAWYERS WILL GO TO WORK
ON THE JURY, A THREAT OF ACTUAL FORCE, WAS FORCED
THREATENED, WAS FORCE USED?
AND THERE'S EVEN ANOTHER LOOPHOLE, AND ONE OF THESE
CHARGES IS SAYS SEX, WHICH IS INTERPRETED IN OLDER CASE LAW AS
INTERCOURSE AND NOT NECESSARILY ORAL SEX AND THE 2004 CASE WAS
ORAL SEX SO HE HAS A STREAM TEAM BECAUSE HE HAS ALL OF THE MONEY
IN THE WORLD, THIS IS ONE OF THE TOP LAWYERS THERE IS IN THIS
FIELD AND HE IS GOING TO UNLEASH THEM SO DON'T BE SURPRISED
IF AT THE END, HE IS NOT CONVICTED.
I THINK HE MAKES A POINT THOUGH, I'M NOT TRYING TO EXCUSE
HARVEY WEINSTEIN'S BEHAVIOR BUT I THINK THAT THIS IS A REAL
SYSTEMIC ISSUE AND I THINK THAT HARVEY WEINSTEIN IS ONE OF THE
SYMPTOMS OF AN ISSUE THAT WHEN YOU THINK ABOUT BILL COSBY AND
ALL OF THE MEN WHO ARE NOW GOING DOWN WHO ARE NO LONGER OF VALUE
TO HOLLYWOOD ANYMORE BUT WHILE THEY WERE IN THEIR HEYDAY IN ALL
OF THIS STUFF WAS GOING ON THEY WERE BEING ENABLED, A LOT OF
PEOPLE KEEP TALKING ABOUT HOW THEY KNEW THAT THESE GUYS WERE
DOING THIS AND NO ONE SAID ANYTHING AND I THINK THAT WE
REALLY NEED TO TALK ABOUT THE DEEPER PROBLEM WHICH IS NOT JUST
HARVEY WEINSTEIN, BUT THERE IS A COLLECTION OF PEOPLE WHO BELIEVE
THAT THIS BEHAVIOR IS ACCEPTABLE AND THERE ARE PEOPLE WHO WATCH
IT HAPPEN.
THIS BIG SPORTS AGENT, VERY BIG-TIME, I WAS
SITTING AT DINNER WITH MY FRIENDS HE WALKED BY ME WITHOUT
KNOWING ME AND RAN HIS HANDS THROUGH MY HAIR AND I WENT OFF
ON HIM BUT WHAT MADE ME SO ANGRY WAS THAT I WAS SITTING WITH TWO
MEN, ONE WHO WORK AT NIKE AND ONE WHO WAS A SPORTS AGENT AND
THEY LEFT IT OFF, THEY DIDN'T THINK THAT THAT WAS INVASIVE,
THEY DIDN'T THINK IT WAS DISRESPECTFUL, THEY TOLD ME TO
JUST SIMMER DOWN AND I AM LIKE A LETTER STRANGE MEN WALK
AROUND AND CARESS YOUR HAIR.
YOU WOULD GET UP AND PROBABLY TRY TO FIGHT HIM.
IF I HAD A DOLLAR FOR EVERY TIME THAT HAPPENED.
IT WAS JUST WEIRD.
I WAS LISTENING TO QUINN AND PALTROW
TALK ABOUT HOW BRAD PITT I WILL KILL YOU BUT THEN HE WENT ON TO
DO AND GLORIOUS PASTORS WITH THEM AND THAT IS THE PROBLEM IS
THAT EVEN THOUGH YOU SLEPT SOMEBODY ON THE WRIST AND SAY
THAT IS NOT OKAY BUT THEY ARE STILL IN BUSINESS, THEY ARE
STILL MAKING MONEY AND IT IS STILL NOT OKAY.
I THINK ONE OF THE OTHER THINGS HEARS POWER AND
PRIVILEGE.
HERE HE IS, AS YOU SAY HAS HIGH-POWERED ATTORNEYS,
PEOPLE OUT THERE WHO ARE ABLE TO ADVOCATE FOR HIM AND NOW HE GETS
OFF, HE IS ABLE TO POST THAT MILLION DOLLAR BILL, NOT MANY
PEOPLE CAN DO THAT.
HUMANS RIGHTS WATCH, THERE WAS SOME
RESEARCH THAT WAS DONE AND THEY EXAMINED LIKE SIX COUNTRIES IN
70 TO 80% OF PEOPLE WHO ARE ARRESTED ARE NOT ABLE TO PAY SO
THEY ARE SITTING IN JAIL AND IN CALIFORNIA ALONE, NEARLY 60% OF
PRISONERS IN THE COUNTY JAILS HAVE NOT BEEN SENTENCED BUT THEY
ARE SERVING BECAUSE THEY CAN POST BAIL SO THAT IS THE OTHER
PART OF THIS DISCUSSION AS WELL, IS THE POWER AND THE PRIVILEGE
AND WHO HE IS.
WE WERE TALKING BEFORE WE CAME ON ABOUT HOW HE
WAS IN FIRST CLASS,
MELVIN, GREAT POINT.
I THOUGHT THE SAME THING WHEN I SAW THE MILLION DOLLAR CASH ALE.
HE FINDS THAT IN BETWEEN HIS COUCH, RIGHT?
WHAT IS THE POINT OF BAILED AND?
THE POINT IS UNFORTUNATELY TO KEEP POOR PEOPLE IN JAIL AND SO
THERE ARE NOW SOME DISTRICT ATTORNEYS WHO ARE OVERTURNING
THAT LIKE LARRY KRASNER IN PHILADELPHIA, WE'RE NOT DOING
CASH SPELL ANYMORE BECAUSE RICH PEOPLE AND EVEN MIDDLE-CLASS
PEOPLE CAN PAY AND POOR PEOPLE CAN'T.
IT'S NOT BASED ON THE
SEVERITY OF THE CRIME AS IT IS ON YOUR INCOME LEVEL SO CASH
BAIL IS JUST A WAY TO PUT FOUR PEOPLE IN PRISON DOTS WE DON'T
EVEN KNOW THAT THEY DID A LOT OF TIMES IT IS MINOR INFRACTIONS
OR MARIJUANA CHARGES.
MEANWHILE A GUY WHO APPEARS TO BE AS
SERIAL RAPIST, ALLEGEDLY, WHAT'S RUN FREE AS HE COULD BE BECAUSE
IT'S $1 MILLION THAT HE HAS EASILY.
BUT THAT THEN LED ME TO
THINKING LOOK, WE DON'T KNOW WHAT IS GOING TO HAPPEN HERE IN
THIS CASE AND IT IS GOING TO BE TOUGH BECAUSE IT IS A LITTLE BIT
OLDER AND HE HAS GREAT ATTORNEYS AND ONE OF THE KEY PARTS OF THE
CASES, WHETHER THE JUDGE WILL ALLOW THE OTHER INSTANCES OF
WHEN WOMEN CAME FORWARD AND TALKED ABOUT WHAT HARVEY
WEINSTEIN DID AND SO FROM TIME TO TIME I TELL YOU GUYS THAT I
USED TO BE A REPUBLICAN AND THE ONLY PART THAT IS LEFT THAT IS
STILL CONSERVATIVE IS THE LEGAL PART, SO IT DRIVES ME CRAZY WHEN
YOU CANNOT INTRODUCE EVIDENCE OF THEIR PATTERN IN COURT.
IT
PREVENTS JUSTICE.
IT IS NOT THAT YOU CAN'T EVER DO IT,
BUT IT IS TOUGH STANDARDS FOR WHEN YOU CAN DO AND I KNOW WHY.
YOU DON'T WANT PEOPLE JUDGING THEM BASED ON OTHER STUFF,
YOU WANT THEM JUDGING IT ON THIS CRIME BUT IF THAT GUY HAS A
PATTERN OF DOING IT 50
TIMES, IS THAT RELEVANT TO WHETHER HE DID IN THIS CASE?
OF COURSE IT'S RELEVANT.
IF THEY NEVER HEAR THAT, HERE IS A
WAY BETTER CHANCE OF GETTING OFF.
IF THEY DO HERE HE MIGHT BE
IN TROUBLE THE MATTER HOW GOOD HIS LAWYERS ARE.
I WOULD
SAY HIS LAWYER IS GOING EVEN FURTHER THAN THAT, HE IS SETTING
UP THE ARGUMENT THAT EVEN IF THEY DON'T ADMIT THAT KIND OF
EVIDENCE, AS THAT VIDEO WE SAID PROVES, HE IS SETTING UP, THERE
IS NO ONE IN AMERICA WHO HAS BEEN INSULATED FROM THE BIAS, IS
WHAT HE IS GOING TO ARGUE, THE BIAS TOWARD MY CLIENTS OF THESE
RIDICULOUS, SPURIOUS CHARGES THAT DO NOT MEAN ANYTHING AND HE
IS GOING, HE IS MOVING TO DISMISS IMMEDIATELY ACCORDING TO
HIM, BUT HE IS SETTING UP THAT WE CANNOT EVEN 512 PEOPLE WHO
ARE GOING TO COME IN WITH FRESH EARS, EVEN IF WE DON'T LET THAT
EVIDENCE IN.
IT IS SUPER FRUSTRATING AND HE IS ALSO KINDA SETTING IT UP
AS TO HOW UNFAIR IT IS TO HIS CLIENT.
WASN'T IT BLOOMBERG WHO SAID HE WOULDN'T SPEAK ILL OF HARVEY
BECAUSE HE IS A NEW YORKER.
THAT'S THE THING?
I HAVE TO SUPPORT EVERYONE IN LOS ANGELES?
ALL THEY DO IS SPEAK ILL OF NEW YORKERS.
HAVE YOU EVER LIVED IN NEW YORK?
BUT TO SAY THAT HE IS NOT GOING TO GET TREATED FAIRLY IN
NEW YORK, THAT IS THE OPINION OF A VERY SUCCESSFUL, RICH, WHITE
MAN IN NEW YORK IT WAS LIKE, I CAN'T THROW HARVEY UNDER THE BUS
FOR THE RAPE THAT HE DID DO BECAUSE HE IS A NEW YORKER.
IN THE WHOLE IDEA THAT THE JURY CANNOT JUDGE THE CASE
FAIRLY IF THEY HAVE EVER HEARD ANYTHING ABOUT IT, I ALSO
DON'T BELIEVE THAT AT ALL.
THEY ARE GOING TO SPEND MONTHS IN THERE AND THEY ARE GOING
TO HEAR ALL OF THE EVIDENCE SO IF WE DON'T THINK THAT THEY
COULD BE UNBIASED, THEN LET'S NOT HAVE JURY TRIALS.
AND IS IT UNFAIR, THIS IS ALL UNFAIR TO HARVEY.
YOU HAVE DONE
THIS AND DOZENS OF WOMEN HAVE ACCUSED YOU OF THIS.
YOU HAVE
GOTTEN OFF SCOT-FREE FOR YEARS WITH OSCARS IN YOUR POCKET IN A
CITY WHERE EVERYBODY KNEW, BRAD PITT KNEW YOU WERE DOING THIS.
I THINK WE HAVE BEEN MORE THAN FAIR TO YOU FOR THE LAST 20
YEARS.
YOU HAVE WHAT IS IT LIKE 80 WOMEN HAVE COME FORWARD AND
THOSE ARE JUST THE ONES WHO HAVE COME FORWARD.
IMAGINE THE COURAGE AND THE PEOPLE WHO HAVE NOT COME
FORWARD OR DISCLOSED.
THAT IS THE OTHER THING AND STILL THIS DOESN'T SEEM TO
BE ENOUGH, AND STILL THIS MAN IS ABLE TO WALK THE STREETS
BECAUSE HE HAS ACCESS.
HE IS SMILING IN THIS PICTURE.
LAST THING ON IT IS, IF THEY GET THEM, THEY GOT THEM, GREAT.
WONDERFUL.
IF THEY DON'T GET HIM, THEIR FEDERAL PROSECUTORS
IN MANHATTAN WHO ARE ALSO LOOKING INTO THIS AND I WOULD
SAY KEEP GOING, BROTHERS AND SISTERS AND ONES IN LA, THEY
SHOULD LOOK INTO IT TO BECAUSE YOU JUST KEEP TRYING HIM AND
TELL AT LEAST YOU BANKRUPT THEM.
BY THE WAY, DON'T GET ME WRONG,
DOUBLE JEOPARDY IN THIS COUNTRY AND RIGHTFULLY SO, IT IS IN THE
U.S. CONSTITUTION, YOU CAN'T KEEP TRYING HIM IN THE SAME
VENUE FOR THE SAME CRIME, I AM NOT SUGGESTING THAT.
THERE ARE 80 CASES HERE, YOU ARE NOT GOING TO RUN OUT OF
VICTIMS UNFORTUNATELY.