The Philip DeFranco Show - PDS 11.11 What Lebron James Rittenhouse Crying Controversy Exposes, Dave Portnoy Fires Back At Insider, MKBHD

Episode Date: November 11, 2021

Go to https://www.stamps.com/phil to get a 4 week trial plus free postage and a digital scale! More PDS: https://youtu.be/pHES0hLVtbg TEXT ME! [phone] Get More Phil: https://linktr.ee/PhilipDeFranco -- 00:00 - Dave Portnoy Discusses Allegations in Press Conference 06:26 - Creators React to YouTube Hiding Dislike Counts 08:07 - Sponsor 09:06 - Rittenhouse Defense Calls for Mistrial -- ✩ TODAY’S STORIES ✩ Dave Portnoy Discusses Allegations in Press Conference: https://youtu.be/UW85j-7MAow https://twitter.com/thisisinsider/status/1456430335512784918?s=20 Previous coverage: https://youtu.be/Jk1rEw62U8A Creators React to YouTube Hiding Dislike Counts: https://www.complex.com/life/youtube-making-dislike-counts-private-shield-creators-harassment-attacks Rittenhouse Defense Calls for Mistrial: https://www.cbsnews.com/live-updates/kyle-rittenhouse-trial-continues-after-defense-asks-for-mistrial-2021-11-11/ ​​✩ STORIES NOT IN TODAY’S SHOW ✩ Gaffer Files Negligence Lawsuit Against Alec Baldwin and Other “Rust” Staff: https://roguerocket.com/2021/11/11/gaffer-files-negligence-lawsuit-rust/ —————————— Executive Producer: Amanda Morones Edited by: James Girardier, Julie Goldberg, Maxwell Enright Art Department: Brian Borst, William Crespo Writing/Research: Philip DeFranco, Cory Ray, Brian Espinoza, Maddie Crichton, Lili Stenn, Neena Pesqueda Production Team: Zack Taylor, Emma Leid ———————————— #DeFranco #KyleRittenhouse #DavePortnoy ———————————— Learn more about your ad choices. Visit megaphone.fm/adchoices

Oh, so I'm gonna be honest with you. I'm a little hungover right now. I treated my Wednesday night like a Friday night. I was out with good friends, made bad choices, which is the premise of pretty much every story worth telling later on in life. But I'm still gonna do this show because I'm a fucking adult and I can take responsibility for my bad choices without there being something negative for other people. Also, I'm realizing I'm making it sound like I deserve an award for I I'm the prop. I'm the problem here Anyway, let's do the dang thing hit him with the monkey Yeah, welcome back to the Philip DeFranco show hit that like button for seeing it through let's just jump into it first up today It was one of the most requested stories on the text line Let's talk about updates around the Dave Portnoy business insider situation.

Right, in case you missed it, last week you had business insider reporter Julia Black publishing a massive piece detailing three women who said, among other things, that they had violent and traumatizing sex with Portnoy. All three claiming that Portnoy began choking them without their permission during sex. Two, claiming that he began filming various sex acts

without their permission. If you want further details, I'll link to last week's show as well as the original article. Also in our coverage, we detailed and featured Portnoy adamantly and very quickly defending himself. At that time, calling the article a hit piece, saying that his encounter with one of the women... At no point during it, at no point was it not 100% consensual. At no point did she ask me to stop. At no point did either of us think something unseemly happened.

There was no weirdness. After, it was totally fine, normal interaction. Sexual, 100% consensual. My lawyer's like, don't, don't, you know, make these blanket statements. I'm telling you now, her version of events is not true on our hookup. A lot of the focus on this story,

the conversation evolved into being about permission, consent, people being on different pages of what was actually being accused here. There were people saying, were these women technically assaulted? Were they technically raped? Is this just an example of, you know, not being clear on what they want from BDSM?

And if you look to Twitter, including this morning, you had Portnoy repeatedly saying the black was accusing him of rape. Though you have some pushing back on that, saying technically in the article, no one directly says they were raped. And with people noting that one of the women in the article when talking to Portnoy said that she had a rape fantasy.

Later in the article, that same woman saying that the sex was so rough that it felt like rape. The people there are still saying that means she didn't directly say this was rape. What we've seen since the Insider article and our reporting of that, as well as Portnoy's defense, is Portnoy continuing to go after Insider as well as defending himself.

Portnoy posting his official invite to Business Insider to talk about the article, as well as their declining of the invite. And with all that, you saw a lot of his supporters rallying around him, as well as some people saying that he was doing psycho shit, describing his actions as fully harassing a woman for daring to report on him and signaling

to his troll army to go after her. Portnoy then responding, this spin didn't take long, accused Dave of rape, Dave proves he's innocent, Dave bad guy for going after a reporter who falsely accused him and who refused to engage about facts of case and tried to ruin his life accusing him of horrific crime. And then also noting that he was talking about one man and one woman in the

quote tweet saying I treat everybody the same. That's why we have a ton of female execs and female CEO. With Portnoy also going on today to live stream what he called an emergency press conference. And in this live stream that he called Dave Portnoy exposes business insider hit piece. He goes on to show an email that Black allegedly sent to him eight and a half months ago in which he asked to speak to him about a story unrelated to the allegations. Portnoy saying that he declined the interview and accusing Black of just covering her tracks for the upcoming hit piece against him. Julie Black and Business Insider want to make it sound like, oh, we want to write a nice piece and we stumbled across these people in the tenor of the article change. That's so they don't get sued. Portnoy

also going on to accuse Black of having an anti-barstool and anti-Trump bias through several alleged old and since deleted tweets of hers. With Trump's name also popping up a few times in the live stream because Portnoy interviewed Trump last year. With Portnoy then going on to show alleged DMs between him and one of the girls, Allison, in which he turns down an offer to hang out. Though he later accepted after she continued to ask. Notably, she also seems to ask for sex. It then appears he asks, are you excited or nervous, haha? She responds, nervous.

Bull. He responds, haha, don't be. It'll be fun. And if you don't want to do anything We won't it appearing that she hearted it with more than way then going on to show messages Afterwards where she allegedly says that the sex was amazing and she got the word around that she did it or that in direct conflict With the article which said that the story began spreading around town against her will tax also notably make it appear that she is still very Interested in Portnoy which is different than the article for anyway then citing an article that NBC wrote which reported that the police department never received

A call to the police, like Business Insider reported. And regarding one of the accusers that went by the name Madison, he said, you know, that's essentially gonna be a he said, she said, because no one else was in the room. Though also saying that Madison revealed herself in a TikTok stitch when she commented, quote,

"'Nobody said he was a rapist.'" Also replying to another comment saying, quote, "'The article never said the sex wasn't consensual.'" Portnoy then going on to elaborate on something that he had referenced in his first response. As you might remember with the Madison story, after hooking up, Madison ends up sleeping on the couch. Portnoy saying, you know, they just realized, you know,

they're completely different people, they didn't like each other anymore. And going on to say it's because she was a very anti-Trump, super, super left-wing person. Portnoy then going on to share a number of anti-Trump tweets from this woman. Also sharing three of her alleged Instagram posts, one before they hooked up,

a second after Portnoy says they did hook up, where she bashes him and allegedly threatens to expose him if he ever truly pisses her off. And then a third, when he interviewed Trump. Outside of Madison, you also have Portnoy summing up the entire article by saying, this isn't like journalism, this is an editorial about Dave, we don't like Dave.

They never accuse me of anything. They write crimes, like the way they describe it is a crime, but they won't call it a crime. You don't have to really love me, but I've said the same thing for basically two decades now. I will tell the truth. And that's why I generally come out on top in these things when the lawyers are like, no, don't go crazy. It's like, I have nothing to hide. There's no surprise choking. This jail, it did not happen. Where is the girl? You saw the DMs of the other girl. The other girl cleared his agenda, said she had a rape fantasy. Like, I don't, I've been with a million girls,

none. Have I choked girl? Yeah, you've seen it. If a girl's like, stop, I f***ing stop. You also have Portnoy reiterating that he invited Business Insider's global editor-in-chief onto his show without the editor to decline. And so Portnoy ends with this about everyone involved at Insider. And I don't mean this exaggerating. They belong in prison. They have evidence that they have withheld to make me look like a rapist without calling me a rapist. And guess what? It's going to stick with the people who don't f***ing like me.

If this is a baseball game, we're in the top of the second. We're in the top of the second. Like, this is just, just the beginning. I know I keep saying it, but people sometimes say, why do you get mad? I got accused of rape. It's arguably the most horrific thing you could be accused of with 0.0 evidence and they f***ing knew it.

Obviously, this is still a developing situation. Like I said, when we first covered it, we're gonna keep our eyes on it, update it. But with the original coverage and now these updates, I'd love to pass the question off to you. What are your thoughts here? And then let's definitely talk about updates to yesterday's story where YouTube announced

they're removing public facing dislikes. With that news, I asked y'all, what do you think? And oh my God, you guys hate it. I put out a poll that had over 200,000 votes and only 6% of people thought this was a good move. 69% saying they dislike it and a quarter of people going, I kind of don't care. But for those of you that were not happy with this change, you're dislike it, and a quarter of people going, I kinda don't care. But for those of you that were not happy with this change,

you're not alone, not only because of those numbers, but because big creators have been speaking out. Joe Vargas this morning saying that it feels like YouTube's doing this to protect corporations from dislikes rather than creators slash users. Marques Brownlee, AKA MKBHD tweeting, YouTube, removing info from the rating system is not helpful.

Public like-dis dislike ratio equals useful tool to see how helpful a video will be at a glance. Hiding dislikes helps nothing, but increases the number of people dissatisfied by spending too much time watching an unhelpful video. As well as massive streamer, Asmongold, tweeting, YouTube removing dislikes not only censors dissent from corporate propaganda and brand agendas,

it also protects predators and abusers from accountability to their audience, making new victims easier to find. In the effort to make users safe, YouTube has done the opposite. Well, if you look on social media, you look at our poll, it definitely feels like all of that is a majority opinion. There are also some creators saying,

"'It's not that big of a deal.'" Creators like Roberto Blake tweeting, "'In six months, everyone will forget "'dislike counters on YouTube even existed. "'I get why people think they are useful, but they are not. "'Trash tutorials, regardless of dislikes, "'still have tons of views. "'Scam channels still existed.

"'It never helped who you say it did. You have millions of people who believe the earth is flat, tens of millions of climate change deniers, and some of you all really in your heart think a dislike counter is going to save people from bad takes, bad actors, or misinformation. And so yeah, with all of that said, as this debate and conversation continues to evolve,

I'd love to know if your thoughts have changed on this, or no, you're locked in. Right, do you see this as good, neutral, bad, Google Plus integration bad? Yeah, let me know. But from that, I wanna thank the fantastic sponsor of today's show, stamps.com slash phil. Whether you're a small office sending out invoices

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plus free postage and a digital scale. There's no risk, no long-term commitments, no contracts, and never go to the post office again. That's stamps.com slash phil. And then we should definitely and never go to the post office again. That's Stamps.com slash Phil. And then we should definitely talk about some of the updates to the Kyle Rittenhouse trial. And like I said Tuesday, we cannot cover everything that went down in the hours and hours of testimony,

but there are a few key moments that we should highlight. First and foremost, we saw Rittenhouse himself taking the stand and providing his first detailed public account of the events on the night that he shot three people in Kenosha, Wisconsin, with one of the most notable moments of the testimony and definitely one of the most viral being when he recounted how the first shooting began.

And there Rittenhouse claimed that the first person that he shot, Joseph Rosenbaum, had threatened to kill him twice earlier in the night. Later, he said that he was rushing to put out a fire in a parking lot when he encountered Rosenbaum again, along with another man named Joshua Zeminski, who Rittenhouse claimed stepped toward him with a pistol in his hand.

Going on to say he then took a step back with the intent of leaving the situation. Once I take that step back, I look over my shoulder and Mr. Rosenbaum, Mr. Rosenbaum was now running from my right side. And I was cornered from in front of me with Mr. Zeminski. And there were... There were three people right there. So you've always been picky about your produce but now you find yourself checking every label

to make sure it's canadian so be it at sobees we always pick guaranteed fresh canadian produce first restrictions apply see in store or online for details else. And after that, the judge called for a recess so Rittenhouse could gather himself. The jury then came back, the team continuing to tell his version of events, saying he heard Zeminski tell Rosenbaum to get him and kill him. Rosenbaum starting to chase him, throwing a plastic bag,

though he claimed that he thought it was a metal chain. Rittenhouse then saying he heard gunshots behind him and when he turned around, Rosenbaum was reaching toward him and grabbed the barrel of his gun, so he shot it. And after that, claiming that he started running to police to turn himself in, and when asked by his attorney why he did that, he responded.

So I didn't do anything wrong, I defended myself. Also during cross-examination from prosecutors, Rittenhouse did say he knew Rosenbaum was unarmed when he shot him, but said that he feared the man would take his gun and kill him with it. He was chasing me, I was alone, he threatened to kill me earlier in that night. I didn't want to have to shoot him.

Right in that point of not wanting or intending to shoot anyone that night was one that Rittenhouse hit on repeatedly throughout his testimony yesterday. With him also arguing that he fatally shot the second man because he came up behind him and hit him in the neck with a skateboard. That he shot and injured the third man

because he had aimed a pistol at him with Rittenhouse saying at one point, I didn't intend to kill them. I intended to stop the people who were attacking me. By killing them? I did what I had to do to stop the person who was attacking me.

Also, to that point, we saw the prosecutors questioning Rittenhouse on several occasions about why he needed to have a gun when he explicitly testified the entire reason that he went to Kenosha in the first place was to give medical care and protect property. Rittenhouse claiming that he brought the gun for his own protection, not intending to use it.

And we saw when he was pressed and why he specifically chose that style rifle, this interaction happened. Is the only reason was because you felt you couldn't lawfully possess a pistol? Correct. You didn't pick out the AR-15 for any other reason? I thought it looked cool.

Well, you would think the Rittenhouse testimony would be like the main thing that people were focusing on. It wasn't actually the main focal point. What's really gotten the most attention are the interactions between Judge Bruce Schroeder and Prosecutor Thomas Binger. Yesterday, for example, Rittenhouse's testimony came amid shouting and chaos

as the judge admonished the prosecutor multiple times. In one viral interaction and clip, the judge shouted at Binger for attempting to question Rittenhouse regarding evidence he had previously deemed inadmissible twice before. Evidence of the prosecution thing shows that Rittenhouse went there with something else in mind. With the evidence in question being a video taken

about two weeks before the Kenosha unrest. In that video, Rittenhouse can be heard watching a group of people who he believed to be shoplifters exiting a CVS pharmacy and saying, bro, I wish I had my in the car. I'd start shooting right today. Right, Binger had previously argued in pre-trial hearings that the video showed Rittenhouse's mindset

as a quote, teenage vigilante involving himself in things that don't concern him. Judge Schroeder said that the evidence was not relevant to this case, but suggested he might reassess later. So when Binger brought it up again, he said he thought the judge had left the door open on the question to which we saw Schroeder respond.

For me, not for you. My understanding of you. You should have come and asked. But Schroeder also going on to slam Binger for claims that he made earlier about how Rittenhouse stayed silent after the shootings because he wanted to see what other witnesses testified so he could alter his testimony.

You are already, you were, I was astonished when you began your examination by commenting on the defendant's post arrest silence. That's basic law. It's been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that. And all of that also led to Rittenhouse's defense asking the judge for a mistrial,

specifically asking the judge to do so with prejudice, which is a key thing. Because if the judge did do that, that would mean the prosecutors could not refile charges. Though there we saw Judge Schroeder declining to make a ruling on that immediately. Right, and as expected with a situation and a trial that's been so divisive, you have a lot of people sounding off online. A lot of people talking about the judge. Though is supporting Rittenhouse, happy that he's kind of laying the smackdown on the prosecution. And though is wanting to see

Rittenhouse prosecuted saying this judge should be recused. Accusing him of being biasing. He's essentially acting as another lawyer for the defense. Well, that criticism has also rolled in today for a number of reasons, including he had the courtroom clap for a witness that the defense called in because he also happens to be a veteran on Veterans Day. There's also been a lot of conversation

about Rittenhouse crying, with a number of people seeing it as genuine, saying, hey, look, it looks like this kid genuinely has PTSD. But also you had a ton of people mocking him, saying that he was faking it. This even including famous celebrities like LeBron James who wrote,

"'What tears? I didn't see one. Man, knock it off. "'That boy ate some lemon heads before walking into court.'" Well, yeah, there were a lot of people who had that mindset. There was a massive amount of backlash quick. Even one of the top replies being, "'LeBron James appears to be mocking people "'dealing with post-traumatic stress disorder in this post.

"'Why? Is this a joke to you? Not a good look.' With others saying, "' when you revisit traumatic memories, it comes out differently emotionally and or physically. Understand the subject before commenting on it. But ultimately that is where this story and today's show ends. Of course, whether it be this last one, the first story, anything in between, I'd love to know your thoughts

on those comments down below for whatever stood out to you today. But of course, as always, my name's Philip DeFranco. You've just been filled in. I love yo faces and I'll see you next time.