The Dan Bongino Show - The Dan Bongino Show - Rittenhouse Wrapup

Episode Date: November 26, 2021

You'll hear the way the verdict of Kyle Rittenhouse came down live on the radio. Next Jenna Ellis, who predicted exactly what would happen, breaks down why from her view as an expert on the law. Next was Sean Duffy, Wisconsin native and former prosecutor on the verdict and and how all this is effecting his whole state. Then Sean Davis of the Federalist breaks down the reaction of the media and the social justice warriors and how it effects the country. Learn more about your ad choices. Visit podcastchoices.com/adchoices

Chiara. It means smart in Italian. Too bad your barista can't spell it right. So you just give a fake name. Your cafe name. Julia. But the more you use it, the more it feels like you're in witness protection. Wait a minute. What kind of espresso drinks does Julia like anyway? Is it too late to change your latte order?

But with an espresso machine by KitchenAid, you wouldn't be thinking any of this. Because you could have just made your espresso at home. Shop now at KitchenAid.ca. Get ready to hear the truth about America on a show that's not immune to the facts with your host, Dan Bongino. Thanks for tuning in. This is a really special version of the podcast we did for you. I'm calling it the Rittenhouse Wrap-Up.

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and to learn more about this great American company. First up here is the verdict coming down live on the radio show. You can hear our response. We shouldn't have been surprised, but I was actually glad this happened, as you well know. I don't believe Kyle Rittenhouse did anything wrong. He defended himself. So check this out. Apparently, the jury has reached a verdict in the Kyle Rittenhouse case.

We're supposed to have a guest in this segment. We're obviously going to have to delay that. I have my eyes on Fox News right now. Breaking news. Jury reaches verdict in Kyle Rittenhouse. Case of verdict obviously hasn't been read yet. Kyle Rittenhouse is back in the courtroom. The judge is there.

Looks like the cameras are there. They're on. I see a split screen. The judge and Kyle right now. Here's what we're going to do. We will take that as it's read live. We're just waiting. You're not missing anything right now.

Again, I'll just try to visualize. They've got a split screen up on cable news right now, Fox. They've got the judge. He's there. It looks like he's looking at his computer. Kyle's just looking at some papers on his desk or whatever. But we don't have anything yet. But once the judge starts speaking,

Jim's going to give me a cue, and we're going to go to it live and take it as long as we can so I don't want you to think we're missing anything. It looks like the mother's back in the courtroom. I see now they have a three-way split screen up. At this point, you know, any predictions you may have had, throw them out the window.

No sense of predictions anymore about what's going to happen. Now you're going to actually hear what happened. Look like the judge, did you catch that, Jim? Threw like a mint in his mouth or something. That's that rapper. That was not me or Jim, I promise you. That was the judge. But again, the jury has reached a verdict in the Kyle Rittenhouse trial.

Don't worry, all our program directors out there, we are going to take it live. Don't you worry about it. I don't know if we're supposed to say that. They're not in the room yet. Okay, that's why. So we don't want to just play you a bunch of dead air. But again, given all the prosecutorial malfeasance after the verdict, we'll see if the judge takes action on a potential mistrial with prejudice,

given that the prosecutor couldn't have seemed to, you know, surgically remove his head from his caboose this entire trial. I see the defense attorneys are both there at the table. I mean, think about it, Jim. Look, there's a full screen of Kyle Rittenhouse right now. I mean, what must be going through his head, right? I've been in a lot of court cases, and you look at these defendants, and they're whole. I mean, what must be going through his head, right? I've been in a lot of court cases, and you look at these defendants,

and they're whole, I mean, this is his whole life right here. This kid has been the subject of so much scrutiny and media coverage. All right, we're going to take it back to the courtroom. What does the record say? No, it doesn't need to be. There can't be any reaction at all,

no matter how strongly you may feel and it's understood that many people do have strong feelings but we can't from any kind permit any kind of a reaction to the verdict and as you can see there's quite a bit of law enforcement here and you will be whisked out of here if there is any, so just be aware. People standing up would be an indication that the jury is likely coming back in at this moment, so we are very, very close to hearing what they have decided okay hello would you go down please yes thank you yeah come back all right so the jury apparently is coming in the courtroom now we still have a split screen up nothing's happened yet i don't want to give you silence in the courtroom the judge is waiting the minute we start hearing anybody talking, Jim, you're watching, right? We're going to cut right back

to it. Everybody stood in the courtroom, indicated you just heard the Fox News feed there. And there was like a strange phone call. Why don't you come? I don't know what that was about. It was this weird phone call in the middle. Yeah, I don't know. Maybe the bailiff. I don't know who it was. But they're still standing, waiting for the jury to come back in the room a verdict has been reached again in the Rittenhouse trial we're waiting I'm waiting I'm with you folks I'm sitting here anxious with uh bated breath as well waiting to see what happens it's the rest of this kid's life at stake here Rittenhouse so who's texting me now gosh it's like the wrong time if you're texting me and you're listening to the show don't text me right give me a few minutes let's at least go to break here before we get before we talk or

text we're still waiting he's just sitting there the judge at this point the jury will come in and then he just made a point judge schroeder as well to say no matter what the reaction you think you might have to this, whether acquittal or conviction. Oh, wait, back to the courtroom. Would you give your adjournment, please? 54. 54. And has the jury reached a verdict as to each count of the information?

Yes, we have, Your Honor. One verdict and one verdict only? Yes. Would you hand all the paperwork to the bailiff, please? This is the ones that we didn't know. Everything. Everything. Okay. Yeah, thanks.

May I see that tool, please? Oh, I'm sorry. Thank you. The defendant will rise and face the jury and hearken to its verdicts. State of Wisconsin v. Kyle Rittenhouse. As to the first count of the information, Joseph Roosevelt, we, the jury, find the defendant, Kyle H. Rittenhouse, not guilty. As to the second count of the information, Richard McGinnis,

we, the jury, find the defendant, Kyle H. Rittenhouse, not guilty. As to the third count of the information, unknown male, we the jury find the defendant, Kyle H. Rittenhouse, not guilty. As to the fourth count of the information, Anthony Huber, we the jury find the defendant, Kyle H. Rittenhouse, not guilty. As to the fifth count of the information gauge gross course we the jury find the defendant Kyle Edward Kyle H Rittenhouse not guilty members the jury these your unanimous verdicts is there anyone who does not agree with the

verdict says red would you wish the jury pulled? Yeah. Okay. Okay, folks, your job is done, and we started just about three weeks ago. And I told you it could last two weeks and two days. This is three weeks. You were a wonderful jury to work with. You were punctual. You were attentive. wonderful jury to work with you were punctual you were attentive and the forgotten six over here who had a very difficult job of keeping from discussing the case during the time that they were sequestered as well all of you you just

I couldn't have asked for a better jury to work with and it has truly been my pleasure huge I think without commenting on your verdict the verdicts themselves just in terms of your um the attentiveness and the cooperation that you gave to us justifies the confidence that the founders of our country placed in you that the founders of our country placed in you. So I dismiss you at this time. You're never under any obligation to discuss any aspect of this case with anyone. You're welcome to do so as little or as much as you want.

The media have requested, a number of media sources have requested the ability to talk to you and they have been allowed present presentations to you that you'll get in writing and it's entirely up to you whether you want to contact contact them they are not to contact you if anyone does contact you and just tell them you're not interested in discussing it, if that's the case. And if anyone persists in doing so. All right, folks. Wow. You know, I was a judge there just thanking the jury and instructing them if they get any requests for media to handle it however they feel. But we've been on the air only 20-plus weeks. I don't even know.

There's been a lot of breaking news when we've been on the air, but that is one moment I think Jim, me, and Mike will never, ever forget. Kyle Rittenhouse, not guilty on all charges. The young man broke down crying immediately afterwards. I can't imagine what he's been through. But finally, after his name is dragged through the mud, after he was violently attacked,

after his reputation was destroyed, after his family's reputation violently attacked, after his reputation was destroyed, after his family's reputation were attacked, after people who tried to support him were attacked. I want you to reestablish your faith again and again in the American experiment in the Constitutional Republic that I assure you justice was served today. If you believe in justice, you just saw it. Not guilty on all charges. Thank you to all the legal analysts throughout the week.

Jenna Ellis, Leo Terrell, and others came on the show. Jenna Ellis had said they were probably going to be a verdict. Remember, Jim, just a few days ago on a Friday, my friend Chris just reached out to and said, hat tip to Jenna, not guilty on all charges. I encourage everyone out there, including the maniacs who want to go out there and start street fires and riots over this,

that that's justice. That's the process. They had a chance to prove their case in court, given all the opportunities and assets of the state to go out there and convict this young man. And you did not. When everybody was under oath, swearing to tell the truth, the whole truth and nothing but the truth. All of a sudden, the stories you've been told in the media by people who never tell the truth, the whole truth or anything but a lie.

All of a sudden, those stories changed. That's the process. That's how the process works. And when the whole truth came out, an independent group of jurors agreed to by both the prosecution and defense, a jury of Mr. Rittenhouse's peers said that he is not guilty. Not guilty on all counts. That's the process. There'll be no further trials on this.

We don't have double jeopardy in the United States. That's the process. All charges. Not guilty. Jim, I think we need to take a break. I'm sorry, but I got to digest all this too. Let's take a break. Let's come right back to the other side of this.

All right. Next, we have my good friend Jenna Ellis, one of President Trump's former attorneys who predicted this exactly. Chiara, it means smart in Italian. Too bad your barista can't spell it right. So you just give a fake name, your cafe name, Julia. But the more you use it, the more it feels like you're in witness protection.

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and stay safe. Here is Jenna Ellis on the radio with me right after the verdict. She accurately called all of this. Check this out. Folks, Kyle Rittenhouse, not guilty on all charges. If you are just tuning in and you didn't hear, Kyle Rittenhouse, not guilty, acquitted on all charges,

happened live on the radio show today in a stunning moment. I think Jim and Mike would both agree. Just breathless when it was happening. Joining me now is someone who predicted it just days ago on the show, our good friend and a great legal mind, former attorney to President Trump, Jenna Ellis. Jenna, I don't know what else to say. You said it just a few days ago.

You said, don't read into this long deliberation process. They're probably dotting the I's, crossing the T's. And you said, I expect a verdict around midday on Friday. And you called it. Thanks, Dan. And great to join you. And, you know, yeah, this was something that I've been on the defense side many times. And the jury was not going to want to go back for the weekend and have to come back Monday.

So typically in these types of cases, when you start deliberations early in the week, that's how it goes. And I was just so grateful that the jury clearly was not intimidated so that they weren't either hung and said, we don't want responsibility of this, we want to deflect, or that they weren't intimidated into a guilty verdict on one of the lesser charges, what we call flitting the baby. Basically, okay, the highest counts were saying not guilty, but we're going to give them something. Them meaning the people who were calling for riots in the streets and who are clearly upset that today justice was served. And that moment, Dan, when Kyle heard the verdict and he hugged his lawyer, I tweeted a screenshot of that and said, you know, this is what it means to be an advocate. There are so many times where I have been in the defense counsel's chair in trial knowing that my client deserves justice, deserves that not guilty verdict.

That moment is the best moment possible that lawyers love advocacy and advocating for justice. So I'm so grateful to the defense that they pulled this one off and they advocated for justice. So I'm so grateful to the defense that they pulled this one off and they advocated for justice. Yeah. I mean, I, you and I both agree probably wasn't the best job of defense. I mean, there were a couple of things went wrong, but overall, thankfully we got the verdict. You know, we wanted, we wanted justice is what we wanted. We're talking to Jenna Ellis, host of the Jenna Ellis podcast, former lawyer to president Trump and a good friend who again, nailed it, said that there would be a verdict likely sometime on friday i want to just double down on one of your points there about the jury this was brave to do this um these people are not living in a bubble they've

not been sequestered yes they've been told don't speak about the case avoid media jenna listen they're human beings clearly whether by osmosis or, you know, ESP, whatever it is, they know what's going on. They're not dumb. They live in Kenosha. They knew the heat around the Jacob Blake case and the heat that happened afterwards. It led to this incident with Rittenhouse. They could have been intimidated, would be quite human to say, you know, gosh, I don't want to live the rest of my life worrying about someone staring over my shoulder because I was a juror. They know the media pressure. This was brave. And let me ask you this.

Does it reestablish your faith in this great country? I'm kind of torn on this because you and I both know this kid shouldn't have been in the court in the first place. There was never any even reasonable suspicion that this kid did any of this. Right. even reasonable suspicion that this kid did any of this. Right. And, you know, and especially after we saw the MSNBC reporter follow the jury bus last night. I mean, these these guys, the jury knew what was going on, at least in the sense that they know the public pressure on this. They see the cameras in the courtroom. They see it filled with reporters.

That's not typical for a trial. It would have been easy to cave to that pressure. But this is, you know, it doesn't reestablish my faith in the system per se in the sense that the prosecutor should have never brought these charges to begin with. They should have looked at the evidence, gone where the evidence led. The prosecutors are the one here who were cowards. They were cowards. And it took a jury of 12 of Kyle's peers, average, ordinary Americans who aren't part of the establishment, aren't part of the system. They stood up and they said no. And that's exactly what our founders envisioned when they said you have a right to a jury of your peers, average Americans who understand what justice requires. And they're not caught up in politics and political pressure

like these ridiculous idiot prosecutors. And that should be the lesson to Binger and all of his co-counsel and that prosecutor's office and frankly Merrick Garland, the DOJ and everyone in the establishment. That is the message. Average Americans are willing to stand up for true justice, American values and what our system actually should require, which is genuine justice, not social justice. We're talking to Jenna Ellis, President Trump's former attorneys, host of the Jenna Ellis podcast. Jenna, the media did the public, did America a no good service during this trial, before the trial, and after the Rittenhouse incident. They set up a series of false expectations if there ever was going to be a legal trial.

You know, remember, Jenna, as you well know, you can go on the media as Joy Reid or Brian Stelter or Rachel Maddow, and you can say basically whatever you want, towing up to a line of defamation, and you're probably going to get away with it, right? But once, you know, you get into a courtroom and you raise your right hand and you're under the penalty of perjury, if you start telling pee-pee tape hoaxes, everything kind of changed. And I think the media blew this case from the start because

these jurors were told by the prosecutor and the media that some crazed domestic terrorist white supremacists with a short-barreled rifle crossed state lines and active shooter style mowed down a bunch of innocent people. And Jenna, literally none of those elements of that narrative, none of them were true.

The media did this. Without the media, there never would have been a case. Absolutely. And the media needs to be held accountable, even concurrently with the trial going on. While due process was playing out, you had media outlets that were calling Kyle a murderer. He has now, as of today, that is a false conclusion. That was a

narrative. That was a false statement to give everyone on the left reason to be saying justice wasn't served today. It was a media narrative. They deserve to be held accountable. I hope that Kyle Rittenhouse is the next Nick Sandman. And he goes after those media outlets and all of those reporters who gave false and misleading narratives and information about him to shade the country's view of this for a year while due process was playing out. This is a victory for the truth today. And I hope that media is held accountable. Now, Jenna, we're talking to Jenna Ellis, an attorney and a good friend. Jenna, from a legal perspective, you and I, we'd be reasonably classified as public figures. The defamation standard for us is different.

The defamatory statement about me or you, if someone were to make it, you have to prove actual malice. In other words, not that it just was a lie. That's not enough. You have to prove in court an actual malice that they intended to do it with malice. That is not the case for a private citizen like Rittenhouse. The defamatory statement, you just have to

show in court that it, in fact, wasn't true. Now, just let me read to you quick. Here's Joe Biden, the PINO, president name only. This was on his Twitter account. There's no other way to show in court that it in fact wasn't true now just let me read to you quick here's joe biden the pino president name only this was on his twitter account there's no other way to put it the president united states refused to disavow white supremacists on the debate stage last night with a picture of rittenhouse here's ayanna presley jenna a 17 year old white supremacist domestic terrorist drove across state lines armed with an AR-15, shot and killed two people who had assembled to affirm the value, dignity, and worth of back of black lives. Fix your damn headlines.

I think Ayanna Pressley, there's a possibility she might have to fix her damn bank account when she gets a lawsuit by Kyle Rittenhouse. I hope so. And you know what? That is deserved. Absolutely. And if the media has learned one thing, it's that they cannot perpetuate false and misleading headlines. And so now we have the jury who are the fact finders. They have unanimously rendered this verdict. Those are the facts by impartial fact finders.

And so Kyle can now go into court and absolutely can hold them accountable. And I hope that he does. But even more than that, the fact that the media even thinks that they can get away with this and they think that they will suffer absolutely no accountability. That's the state of our propaganda activists in this country, rather than saying even alleged. They had conclusions. They had findings of fact when due process was still being played out. And they're going to, of course, try to spend this as political and just say, well, it doesn't matter what the jury said. We've seen the facts for ourselves and they're going to try to spend this. But again, I hope that Kyle Rittenhouse holds them accountable and that eventually, maybe not through this case,

but eventually the Supreme Court even revisit the the Supreme Court case of New York Times versus Sullivan because the media deserves to be held accountable, even in cases of public figures. When there is actual mouth, look at what they did to President Trump for five years, the Russia collusion narrative and that hopes and how they they don't even want to come back. They're doing this again with the January 6th propaganda. They're even doing it right now because they refuse to be held accountable they refuse to actually be journalists and report the truth and until people are willing to stand up turn off their television turn off the fake news media and say wait a second i want to look at where the facts lead i want to actually discover the truth that's being red pilled that's what we need to do in the media in the the courtroom, in the court of public opinion, and media absolutely needs to be held accountable for their activist propaganda.

We're talking to Jenna Ellis about the, I don't want to say stunning because I mean it in a good way, but I was shocked because I have very little faith in the justice system anymore. So kind of stunning verdict, not guilty on all charges. Kyle Rittenhouse, Jenna Ellis was with us earlier in the week, called it, said earlier in the week. If you listen to the show, there are a library there, a little bit on Fox Nation. You can check it out. She had said there would be a verdict on a Friday.

Jenna Ellis is host of the Jenna Ellis podcast. Jenna, let me get one last question in here. You know, a writer I respected said that the left has learned over time in their activism that the only way to defeat us is to impose real, real material losses on the right. They sue us. They take us to court for all kinds of crap. They cancel us. They get people suspended from YouTube, kicked off Twitter only for advocating a political position. Right. And the guy had argued that it's time for us to turn the table on them. The way to win this is to impose real material losses on the left as well. I just want to reiterate again the importance here that Kyle and his lawyers, they really have to be lining up at this point.

A series of lawsuits against these media degenerates that defame this kid from the start, calling him things like a white supremacist. that defamed this kid from the start, calling him things like a white supremacist. Get them in court, Jenna, under oath, right hands raised, under penalty of perjury, and produce a shred of evidence that this kid was a white supremacist. You know darn well like I do, they won't be able to produce anything. No, absolutely. And this is where the right needs to go on offense. Now, we're not going to weaponize our justice system or any of our political branches like the left does to manipulate it for our purposes. But what we're really bad at is only being on the defense. And we lose ground that way.

We have to go on the offense. This is why everyone loved President Trump so much when he was in office, is that he was willing to go on the offense, not just stay on the defense and be pushed back and say, OK, great. Now that there is finally due process and justice was served today, now we're just going to go and pretend like this didn't happen. No, we need to go on the offensive. And you're absolutely right. I hope they have lawsuits lined up. I hope that they will go after this crazy media narrative.

And they won't allow the mainstream media now to either manipulate the outcome narrative or just stop talking about it and distract with something else. Because watch, over the weekend and over the next two days, they're going to try to diminish this and then they're going to try to go to some other scandal because this didn't work and that's always what they do. We have to keep the pressure on the truth and we have to start going on the offensive and actually use the justice system for what it is there for, which is to make sure to hold people accountable and to enact justice. We have to hold the political branches accountable and we have to hold the fourth estate, which is the mainstream media accountable as well. Jenna, this is a bad week for the media, man. You know, the PP hoax falls apart. You know, Bill maher calling out

the hunter biden thing um they're all of their bs domestic terror white supremacy narratives against rittenhouse completely collapsing their whole story collapsing and acquittal folks all charges not guilty kyle rittenhouse the verdict is in jenna ellis host of the Jenna Ellis podcast, a must listen to. Your sage advice this week on the case has been valued. I deeply appreciate it. You called it. And really, you deserve a round of applause for giving really common sense, grounded advice on like these liberal lunatics that got all their crazy followers believing in fairy tales. So thanks for your time, Jenna.

We appreciate it. Thanks so much, Jenna. That was Jenna Ellis. Of course, Jenna Ellis folks hosted the Jenna Ellis podcast and a future guest host of the show, right? Jim, we got her on the short list. All right, folks, we have been covering this again, all charges, all charges, Kyle Rittenhouse, not guilty, not guilty. Justice was served in the courtroom because it wasn't served before the courtroom where this kid didn't even belong because this was a media case from the start.

Him being in the courtroom was an act of injustice. But when he's in there, you might as well get an acquittal because it was never a darn element of any of these crimes met. This was a scam from the start. All charges. Not guilty. Thank the Lord. All charges, not guilty. Thank the Lord, and I'm not using his name in vain. That was Jenna Ellis breaking down what happened

and why the Rittenhouse jury did what they did. We also had Wisconsin native Sean Duffy, former congressman and prosecutor there, and a friend of mine. When doctors, clinicians, and government officials

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Run your way at NewBalance.com slash running. Okay, up next is Sean Duffy, a former prosecutor, Wisconsin native, and a good friend. As he breaks down the case, he talks about prosecutorial discretion. It's really important you hear this. He talks about that, his effects on his home state of Wisconsin, a couple different. This is a really good interview. Check this out. Huge breaking news day.

All charges not guilty kyle rittenhouse verdict reached not guilty on all charges for kyle rittenhouse just came in in the last hour broke on the air joining me now i had to text him was an emergency text my good friend sean duffy sean thanks for joining me on the show dan it's good to be with you yeah i got your text 10 minutes after you sent it, so I apologize, but we got it. That's okay. You made it in perfect time. Folks, there's no one better than Sean DeCay. He's a prosecutor in Wisconsin.

Sean is a lawyer himself. Sean was a congressman in Wisconsin. Nobody knows the environment. Sean, my first question. This was clearly correcting an injustice. You are a very good lawyer. The elements of the crime were never met. I argued to Jenna Ellis before.

Who agreed with me that. There wasn't even reasonable suspicion of a crime here. In that hierarchy. Of evidentiary standards. Forget about probable cause. Or beyond the reasonable doubt. This is a correcting an injustice. This young man should have never been in court in the first place.

No, he shouldn't have been charged. But I mean, to be fair, did he shoot and kill three individuals or shoot two, kill two, injured another? Yes, they had him on that. And Kyle admitted that. But then we came around to the second portion, which was, was this self-defense? And this was the key of the whole trial, Dan, that we had so much video of what happened that you get, you get these varying stories and a shady set of prosecutors who are pushing one narrative, but the jury was able to go back to the video and say, well, let's look at what happened. Was Kyle Rittenhouse an aggressor? Was he a guy that was going through and chasing protesters?

Was he holding placards up and razzing protesters? No, he was there to help people. And when he was confronted, Kyle Rittenhouse ran away. And the video showed all that, Dan. And that's why I think this jury came back with a not guilty verdict. And thank God for the video, or I think there could have been a different result here and injustice would have happened. We're talking to Sean Duffy, you know, from Fox News, a lawyer, former prosecutor in the state of Wisconsin himself. Sean, you made a great point here. You know, you as a former prosecutor, this has to be a nightmare case for you if you're a reasonable person, OK? The media has already set up this polluted environment where most of

your jury pool is coming in and expecting to see what the media told them. A white supremacist, domestic terrorist who crossed state lines, which, you know, when that became a crime, I might say the United States of America. I didn't know that was a crime. Crossed state lines, mowed down people like an active shooter. And they were all innocent victims and none of that happened as you just accurately stated if you're a prosecutor watching this video you've got to be sitting there with your head in your hand going my gosh none of that's actually here on the video they didn't have any evidence whatsoever to reinforce and buttress the narrative and this pre-existing notion most of these jurors probably had come in there with yeah 100 because the media was so corrupt in the way they had told the story.

They weren't accurate at all. They weren't fair. There was no justice in the way that the media talked about this case, which is why people got a whole different set of facts in the media than what they saw at the jury trial. But I think you made an important point, Dan, when you talk about the prosecutor. I mean, these are political offices, right? The D.A. is elected by the people in this county. And so you have this uproar of a community or of a country that say this young man's a white supremacist. He has to be held to account. Well, no doubt as the

prosecutor's office started to see the evidence come in, they knew this was a horrible case. They knew it was going to be challenging to prevail. They saw the facts, and they were the first ones to see the facts in the video. They should have made the decision, which is politically tough, but to say the evidence isn't here. This is clearly a self-defense case, and go out to the public and lay out the evidence and explain to them why you're not going to charge Kyle Rittenhouse. Now, the winky, weenie thing to do, Dan, is to say, I'm not going to make that decision. I'm going to charge this young man to the teeth and I'm going to present the facts to the jury and let the jury decide. Well, you have a job as a prosecutor. You have prosecutorial discretion.

You get the power of a prosecutor is immense. You get the power of a prosecutor is immense. You decide what you charge and what you do not charge. And no one can confront you on the decisions that you make in your county or whatever jurisdiction you're representing. So this prosecutor completely could have said no to these charges based on the evidence. But instead, he tried to play politics, have it charged and let the jury decide and say, well, the community decided not my fault. Reelect me. You know, I'm so glad you brought up prosecutor of discretion. That's an angle that I haven't heard brought up with a lot of the lawyers on why I got Fox on in the background now. You know, prosecutor of discretion, the way I used to describe when I was a police officer, right?

If you're doing highway work and you catch someone speeding, you are under no legal obligation to give that person a ticket. You're not. You can give them a warning. You're not under any obligation. You can. That's your power to do it. But prosecutors have that same discretion. And, you know, I worked with AUSA's assistant United States attorneys in my prior line of work when I was on the federal side and with, you know, you know, the city attorneys and ADA's with the NYPD, but we had in some cases, Sean, blanket declinations. In other words, like with a financial crime, because the federal assets and the DOJ are limited, if you didn't meet a financial loss in a case, say a credit card got stolen or whatever, if you didn't meet, I think it was $300,000 of fraud, it was just blanket decline.

In other words, like you just said, they don't have to prosecute all this stuff. And this is what puzzles me, how this guy Binger and Krause looked at this, saw the evidence. And I think what they thought, I may be overanalyzing this and correct me if you don't agree, but I think they really, Sean, genuinely felt prey to the media narrative at the time. It was this oppressive narrative that this crazed, lunatic white supremacist has killed people. And they thought, oh, listen, this kid's just going to take a plea. Clearly the case has already been tried in the case of public opinion.

No sane lawyer is going to take this. We're going to steamroll it. Let's charge the kid. We'll plea it down to whatever a manslaughter. The kid will do jail time. Everyone will be happy. That's the only read i can come to trying to you know go through this deliberately and think about it sanely

i may not have my facts right but i don't think a great a great plea was offered right a plea deal an offer to say listen you pleaded some lesser counts we'll do a direct recommendation to the court where you're gonna you're gonna be on probation you might sit in jail for a year you're gonna be a felon but off the table is you know a potential be on probation. You might sit in jail for a year. You're going to be a felon. But off the table is, you know, a potential life sentence. I don't know that they got a great offer like that from the DA's office. But here's what, Dan, from your work in law enforcement, and just we're giving your listeners kind of some background on how this happens. But I had all the time, the law enforcement, the cops would come in. If I was not going to charge a case a certain way, and they felt strongly about it, they would come in. If I was not going to charge a case a certain way and they felt strongly about it,

they would come in and lobby me and say, whoa, whoa, whoa, you have to charge this case and here's why. Now, in the end, it was my decision. But also, if I overcharged the case, they would come in and say, listen, I don't think you're seeing the full picture here. We deal with these guys on the street. This is who they are. We should give them a break.

Where in the hell were law enforcement in Kenosha County coming into the DA's office and saying, you guys, hey, we all saw what was going on in the streets. We've all now watched the video. What are you guys doing in the DA's office charging this little boy to the hilt on crimes that we probably can't prove based on the video evidence that we've all seen together i law enforcement should have been putting the pressure on this office as well um to to have it charged appropriately or not charged at all yeah sean that we're talking to sean duffy former congressman from the great state of wisconsin nobody knows kenosha and the area better than him he was also a prosecutor and is a great lawyer himself. Yeah, that's a fantastic point.

It's a very kind of symbiotic exercise. It's not, you know, parasitic. You're not taking from the ADA or the AUSA, the investigator. You're giving. It's a constant exchange of information. And when I'm presenting a case to an AUSA in the Eastern District of New York, I'm bringing them a portfolio of stuff. Here's what I have.

Here's a recommendation. You're right. They're under no obligation to take my advice. They could charge or not charge whatever they want if they think they have met the criteria to do it. But it's a great point. Where was that back and forth? Where were these investigators in the case like,

hey, listen, Bigger, that's just not there, man. I'm sorry you're severely overcharging this. I mean, that's crazy. Let me ask you a question about the current environment in the street there. Again, Kenosha, you know Kenosha as well as anyone. Tony Evers is weak, Sean. You and I know it. He's a sad, pathetic man.

Last time he let the city burn after the Jacob Blake incident. Do you think, knowing the politics, I mean, really, no one knows the political scene incident. Do you think knowing the politics, I mean, really, no one knows the political scene as well as you. Do you think Evers had a wake up call last time after the Kenosha riots and you think he's going to handle it differently if, God forbid, there's any violence? We all hope that doesn't happen in the streets tonight. So so this this trial, the events of this trial took place on night three. And Tony Evers should have had the National Guard called up on night one. When this shooting happened, white officers, you know, with an African-American man,

I mean, look around the country. We saw what was going to happen. He didn't call up the National Guard. I was on the call with others from the Wisconsin delegation, with the administration, with President Trump. We were talking about how do we get Evers just to protect the community? And he refused to do it. So here's the difference. A year ago, Donald Trump had not lost the election.

And the theme of violence in the streets, though it was Evers' fault because he didn't call up the National Guard, the Democrat theory was this is all Donald Trump. He's creating all this hate and angst and anxiety. Evers is a Democrat. So he let the town burn for political reasons because they don't like Trump. Well, now Trump's out of office, Dan, and Tony Evers is up for election one year from now. And so now he's like, well, I can't blame Donald Trump if Kenosha burns this time. So now I've called up 500 guardsmen to protect the city of Kenosha, which is exactly what he should have done a year ago. And we would have not had this trial. Two people wouldn't be dead.

One wouldn't be injured. And Kyle Rittenhouse wouldn't have gone through one year of hell. That's such a great point, Sean. He's now that there's an electoral consequence coming up a year away. It may change everything. Let me just throw in there. Don't answer. Let me just throw it in there. You'd be a great governor of Wisconsin. I'm just saying, you don't have to answer. Don't say any. I'm just saying my humble opinion. I think you are by far the best candidate to be the governor of the state of Wisconsin. Sean Dovey, don't answer that question. You're a great man. You know I love you.

Rachel, your wife is a powerhouse and Amazon warrior. We love you both. Thank you so much for joining the show. We appreciate it. Dan, thanks for having me. And I saw great pictures of my wife with you and your wife at the Patriot Awards. You guys all look fantastic. They're stutters, aren't they?

Aren't they stutters? Didn't we marry up? My gosh, we're lucky men. We did well for ourselves. We did. We did well for ourselves. We did. We did well. We did. Thanks, brother.

You got it. Take care. God is good. Amen. See you. That was Sean Duffy, folks. Really terrific. Great guy.

Great family. American patriot. That was a great point he made. That Wisconsin governor, man. Jim, he's up for reelection in a year. Maybe all of a sudden chaos in the streets doesn't sell as well for him right now when Donald Trump was in office. Yeah.

Wake up, Evers. Get your head out of your butt. Do something now. Nobody wants violence in this. Well, I take that back. Antifa and these BLM maniacs do, but no sane person wants violence in the streets. Process. Process.

Didn't work the way everybody intended, but it's over now. Time for everyone to take a deep breath. That was Sean Duffy. Next up is Sean Davis. A lot of Sean's here from The Federalist. He talks to us about the media malfeasance in this case. No one says it better than him. Listen to Sean Davis bring the fire here. Check this out. Welcoming back to the show from The Federalist. Guy i really respect sean davis always has great takes on the issue sean thanks for taking the time today the last minute to join us oh you bet it's an honor thank you for having me so sean i just want you to listen to this quick this is uh producer mike and jim here just put together about a minute long montage of the media

reactions to this things you predicted the entire time um once their dopey stupid ridiculous malicious story fell apart they had to create a new story the judge did it the prosecutor did it vigilantes everywhere take a listen to this i'll get your comments on the other side check this out the dead um victims here now you tell us why he got a free ride. His bail money was raised by the Proud Boys, the Ku Klux Klan, the Nazis, the skinheads. Are they plugged up in this courtroom? Do we know the history of this judge? I heard he's been racist as hell to these people in Kenosha for many years. As a former prosecutor, this strikes me as an odd situation for self-defense. It's something akin to saying that if you go into a bank and rob it and people are trying to apprehend you,

you can then shoot your way out and claim self-defense. You know, that's a little bit of what Kyle Rittenhouse did. I think when we sit with this verdict, what we are going to look at is the really dangerous combination of liberal self-defense laws, like the ones in Wisconsin around the country, and the accessibility of guns. Because in the end, his argument, which prevailed, was that his own gun, Kyle Rittenhouse's own gun, is what put him in danger and what justified him using deadly force. If he had not had that gun in his hand,

then he would not have been in a position to invoke this self-defense theory. And I think we're going to be sitting with that toxic combination of to self-defense and the proliferation of guns for a really long time. Sean, you heard it there. The invocation of skinheads, Nazis, the judge did it. It was an odd case for self-defense. Odd, Sean. Guy stuck a gun in his face, a pistol about two feet from his face,

a liberal gun. I mean, they blamed it on everything but themselves. These idiots created this case. That's correct. And that clip there is a good example of how we have the most corrupt, evil, incompetent, inept media in, I think, world history. These people are evil, contemptible liars. And here's what they're lying about. They put a young man on trial.

They put his life in jeopardy. But to them, it was never about Kyle Rittenhouse. jeopardy. But to them, it was never about Kyle Rittenhouse. They have spent decades unsuccessfully trying to eliminate the Second Amendment, which affirms on paper our God-given right to keep and bear arms to defend ourselves. They failed at that, and they know they failed at it. So what they decided to do was move downstream. They said, okay, we're not going to do these head-on charges at the Second Amendment anymore. We'll agree that in theory this might be allowed. We're just going to go after people who use it. We're going to go after and try and put in prison for their entire lives. People who have the audacity to exercise their right to self-defense.

That's why they're so mad today, because this was their test case to see whether they could eviscerate and nuke the second amendment at trial, whenever it's exercised. And I've got good news. nuke the second amendment at trial whenever it's exercised and i've got good news it didn't work we're talking to sean davis from the federalist please please follow him on social media you'll you'll thank me later sean does this not speak in really profound ways to the importance of local races you know us you and i have been preaching this for a long time. We get lost in who the president is. And yes, that's important. Biden's doing incalculable damage, no doubt. Local races. A lot of these district attorneys are elected. These left wing money machines figured out a long time ago that, you know, some voters aren't going to pay attention

to secretaries of state and local DAs. And look what we have, election messes and prosecutors like this idiot in Kenosha who charged the kid in the clearest case of self-defense I've seen in my 46 years on planet Earth. Local races matter. That's absolutely true. And you know who understands that better than anyone is the left. know who understands that better than anyone is the left. It's how you have George Soros, one of the most corruptive, corrosive forces in politics going on, deciding, you know what, I'm installing my people in prosecutor's office across the country. San Francisco is a great example. What happens there? These corrupt prosecutors decide they are no longer going

to prosecute any crimes against their so-called people. And they're only going to prosecute crimes against bad people like us. And it's why you have shoplifting completely shutting down massive retail sections. It's why you have people defecating in the streets. It's why you have homeless encampments and attacks and needles all over the place. This is the left-wing vision for the future, where they decide what the law is. It's basically the Judge Dredd version of rule of law. No, no, no. It's not the words on the paper that matter. I am the law. That's what they believe. That's what they tried. And it's exactly why we have to be laser-focused, not just on Biden and on Congress, but on school boards, in DA races, in sheriff's races,

because those are where the rubber meets the road. We're talking to Sean Davis, a very astute observer of the current political climate. Follow him on social media. Do yourself a favor. Sean Davis from The Federalist. Sean, one of the one of the guys I really respected said to me a while ago, I was reading some of his writings. He said, listen, we have it's one of three or four. If you're wondering why I didn't give the name,

because I know it's one of three guys I go to and I can't figure out ever which one. But he said to me in an email and in a piece once, we have to start imposing real material losses on the left. I concur with you wholeheartedly. The media is the most grotesque, fourthest state we have ever had. Pravda was better, Sean. Everybody understood Pravda and the Soviet Union

was in fact a propaganda arm for the state. The media actually pretends they are, they're like independent arbiters of truth and they are fraudsters. They are scammers. They are, I don't want to, Jim, keep the buzzer handy. scammers. They are... I don't want to... Jim, keep the buzzer handy. The only way to

stop this is to impose real material losses. This Rittenhouse young man should turn around and sue every one of these idiots. Nobody gets a pass. Not a single person in the media who tarred this kid's name

and called him a white supremacist without evidence. Everyone should go down in court for that. That's exactly right. Because this seems to happen over and over and over again. The media does something horrific and insane. Take for example, the Russian collusion hoax or what they did to Nick Sandman at Covington Catholic or what they tried to do to Brett Kavanaugh.

And we somehow managed to eke out these little victories and you know how they respond. They respond by doubling down and doing what they just did even harder, because they never actually pay a price. They never actually have to pay a penalty. And until these people start ending up in prison or bankrupt for what they're doing to this country, for the crimes and the torts they are perpetrating on us, they're going to keep on doing it. So you're exactly right. It's not enough to win an argument on the Internet. It's not enough to have a good verdict here and there. They have to be made to feel the pain for their awful criminal choices

that they deliberately make every single day to subvert the rule of law in this country in pursuit of their completely Soviet Marxist Bolshevik agenda. And you know what, Sean? We've relied way too long. I mean, not you and I, but some of us out there, you know, we've relied way too long in putting our faith that, oh, the Republican Party will fix it. Listen, we have a lot of good guys out there and women out there,

but many of them aren't going to fix it. Matter of fact, some of the elections on Tuesday, we're already seeing, you know, in Virginia, already the left-leaning turn. This is on us, you know. We have already the left-leaning turn. This is on us. You know, we have to take it in our own hands to vet these people better when it comes to primaries, DAs, secretaries of state. You got to do the homework. It's hard. Believe me. I know I'm not criticizing anyone, but when you get a ballot in Florida, Sean down here, it's like five

pages long. You got these ballot initiatives should this judge uh be allowed to continue in office i go to the internet i don't know everything i search the judge's name cases they rule on it takes a good four or five hours but that's my civic responsibility we've got to do better with this this d.a had no business charging this case he had the same stuff we've now seen the evidence and the video and And I don't know if it was you who tweeted it. I was following a tweet thread on there, but someone said something like, hey, this guy had the video from the start. Like this wasn't a mystery. This was clearly a media case. This isn't stuff that appeared at the last minute. It may have for the defense, but the

prosecutors saw this. Was this guy stupid or was this just like was this malfeasance oh it's not stupidity it's corruption um and what's so interesting about all the video evidence we saw that was so completely exonerating you know where it didn't come from it didn't come from the corrupt corporate media because they were too busy outpouring gasoline on the fires the race riots they all incited over BLM nonsense last summer. It was independent media. It was people who took it upon themselves to go down there, whether it's Drew Hernandez or Julio Rosas or Richard McGinnis.

That's why this kid got off. And that's why the media hates independent media. That's why YouTube was shutting down independent media streams of the trial because corporate media and their corrupt oligarch friends in big tech, they want to control everything you see. They want to control everything you hear. They want to be the ones who get to craft the alternate reality of where would they live. And nobody hates the independent media more than the corrupt media because it makes them look so bad. It makes them look like a bunch of liars. That that's what you that's what you wrote on social media.

That's what I saw you write. Yes, that was a spectacular point. Forgive me. I'm just I'm very energetic. Obviously, after this verdict, I'm not guilty, folks. All charges not guilty. All charges from written as that is such a terrific point. The the main what we would call the mainstream media was humiliated, humiliated by, you're

right, Drew Hernandez, Richie McGinnis, Julio Rosas, huge hat tip to Andy Ngo, guys who've been out there with a cell phone or, you know, a small video camera doing real journalism, putting themselves in actual danger on the street, while the mainstream media, the Ali Velshi's of the world, there's no riot here, sir. It is a peaceful protest. We did the work. The independent journalists, sites like The Federalist, The Daily Caller and others. And Sean, that's why these jokers, these check my ads idiots and these Soros funded groups are so eager to create these misinformation star chamber councils to shut the Federalists and everyone else down because they are so

terrified that their monopoly on the lie is going to end because of some of the people you just mentioned. Yep, they can't stand it. They can't stand that they lost control. And we saw it with the Kavanaugh hearing. We saw how enraged they became when their lies were revealed for what they are, because they were used to a system where they got to set the premise. They got to set the rules. They got to set the facts. And all you could do

was swim along with it. And those days are over. I mean, the Internet has made those days completely over. And it enrages them. And every time you see a person censored, it can be easy to say, oh, it's just one person, and maybe what they said wasn't great. No, no, no, no, no. That censorship exists because they want to be able to craft their own alternate reality where true facts aren't allowed in, and they want to be able to have trials like they had with Rittenhouse and with Kavanaugh, where they get to put people away or destroy people for their own lives for purely ideological reasons. And we had a good victory today with Rittenhouse, but it doesn't end here. I mean, this is a big, big fight ahead. Yeah, no, I'm glad you said that. I say that all the time. You know, yes, justice happened,

correcting an injustice. He shouldn't have been at trial at all. But this is no time to crack the champagne and get on the medal stand. I mean, really, this is an ongoing battle with these crazy people on the other side. Sean, thanks at the last minute for taking the time. You know I have the utmost respect for you and your commentary. It's always spot on. Thanks a lot. The feeling is mutual, my friend.

Thank you. Thanks. That was Sean Davis, folks, from the Federalist. Follow him. Jim, can we take a couple minutes of this before we go to break? Do we have do we have time for a minute of this? I just want to hear what the lawyers say. Folks, I just want to hear what Kyle Rittenhouse's attorney is speaking right now. Mark Richards, check this out. The president was just asked about the verdict. He said, I stand by what the jury has to say.

He says, I stand by what the jury has to say. The jury's system is enormous. Do you have a comment? And I'm not laughing at President Biden. What I'm laughing at is a friend of mine who's a lawyer said, he goes, and him and I had done a big case together seven, eight years ago. And he said, do you think this Rittenhouse is going to be bigger than that case? And I said, you know, I do. And he said, why do you say that? And I said, I've never had a case and I don't think I ever will, where within two days or three days of one another,

you know, the president and the presidential candidate comment on it. And both of them had such different beliefs. President Biden said some things that I think are so incorrect and untrue. He's not a white supremacist. I'm glad that he at least respects the jury verdict. And if the government had any information regarding his cell phone or anything that he'd been to any of those websites or been online doing that kind of stuff, it would have been introduced in evidence. It wasn't. We were the individuals who released his cell phone, which couldn't be cracked by the FBI because we had nothing to hide.

All right, come on back. All right, folks, that was Kyle Rittenhouse's defense attorney, Mark Richards. Yes, Mark Richards. They just had a huge victory for justice, correcting an injustice. Kyle Rittenhouse should not have been in court in the first place. This is the Dan Bongino Show. Not guilty. Kyle Rittenhouse. All charges. So that's how everything broke down last

Friday. The Rittenhouse case. Case that really grabbed the national attention. Thanks for listening to the Rittenhouse Wrap-Up. We'll have another special Sunday podcast featuring interviews from the radio show coming up. See you then. You just heard Dan Bongino.