The Philip DeFranco Show - PDS 5.3 UNPRECEDENTED LEAK EXPOSES A LOT, IMPACTS EVERYONE, & IT'S GOING TO GET WORSE BEFORE IT GETS BETTER

Episode Date: May 3, 2022

Get an exclusive NordVPN deal here https://nordvpn.com/phil It's risk-free with Nord's 30-day money-back guarantee! News You Might Have Missed: https://youtu.be/IYYhuOtrTww Check Out This Morning’s Video: https://youtu.be/XyQWJkxyHPk TEXT ME! [phone] Get More Phil: https://linktr.ee/PhilipDeFranco – 00:00 - Video Shows Shanghai Man Put Into Bodybag While Still Alive 02:08 - CitiGroup Says Trade Error Caused Flash Crash 03:49 - Second Staten Island Amazon Warehouse Votes Not to Unionize 06:11 - Sponsor 07:01 - Leaked SCOTUS Draft Opinion Indicates End to Roe. v Wade – ✩ TODAY’S STORIES ✩ Video Shows Shanghai Man Put Into Bodybag While Still Alive: https://www.theguardian.com/world/2022/may/03/outcry-in-shanghai-as-person-declared-dead-and-put-in-body-bag-found-to-be-alive CitiGroup Says Trade Error Caused Flash Crash: https://www.cnbc.com/2022/05/03/flash-crash-europes-stock-market-fall-triggered-by-citi-trader-error.html Second Staten Island Amazon Warehouse Votes Not to Unionize: https://roguerocket.com/2022/05/03/amazon-ldj5-warehouse-votes-not-to-unionize/ Leaked SCOTUS Draft Opinion Indicates End to Roe. v Wade: https://twitter.com/politico/status/1521288272021901312?s=20&t=w_00brj6b6vtS_bJnLYrSA Full draft: https://www.politico.com/f/?id=00000180-874f-dd36-a38c-c74f98520000 —————————— Executive Producer: Amanda Morones Produced by: Cory Ray Edited by: James Girardier, Maxwell Enright, Julie Goldberg Art Department: Brian Borst, William Crespo Writing/Research: Philip DeFranco, Brian Espinoza, Maddie Crichton, Lili Stenn, Ben Wheeler, Chris Tolve Production Team: Zack Taylor, Emma Leid ———————————— #DeFranco #RoevWade #SCOTUS Learn more about your ad choices. Visit megaphone.fm/adchoices

Sup you beautiful bastards! Welcome back to kind of the second Philip DeFranco show of the day. If you didn't see a few hours before this video, I uploaded a solo video about Roe v. Wade. Something I felt needed its own solo video is important to talk about, but we also have this full video as well.

So after today's show, definitely check that out. It'll be a top link down below, but buckle up, hit that like button, and let's just jump into it. You know, the first thing that we need to talk about today is this man in Shanghai that literally rose from the dead on Sunday, Jesus style. When I say literally, I mean the exact opposite

because idiots ruin the word, right? Because it turns out this man never actually died. Even though the nursing home he was staying at apparently thought he had. In fact, they packed him into a body bag. They load him into a mortuary van. They take him to the morgue. And then some of this got caught on video.

You see the workers pulling a yellow body bag onto a stretcher. And then the oh shit moment comes when one of them unzips the bag and takes a peek inside, realizing this man is still breathing, visibly jumping back like no fucking way. One of the workers is heard shouting alive. Did you see that, alive?

Another replying, don't cover him again. So of course this video goes absolutely viral on Chinese social media with many on Weibo lampooning the mistake, pointing out that this man could have been buried or cremated had one of the workers not noticed at the last minute. People online saying things like,

"'This counts as intentional homicide.'" People saying, "'The government doesn't care what's going on in Shanghai.'" But as far as the elderly man, he's reportedly being treated in a hospital, with the nursing home apologizing, and the funeral home rewarding its vigilant workers with the equivalent of around $750.

You also have the Shanghai government saying, "'Five officials, including the director of the care home and a doctor, have been put under investigation with another local party official reprimanded. And all of this is coming, of course, as the city has been under lockdown for five weeks now. Though you had authorities saying on Saturday that more than 15 million residents

are able to leave their communities now that the virus has been mostly contained in the quarantine facilities. Yeah, ultimately, that is the story. And I wish there was like a good lesson to end on other than don't be old and a deep sleeper at the same time. Also, I'm just left wondering like how do you think a person is dead when they're not? Is he not hooked up to equipment?

Because you don't need equipment. Like if you want to double check if a guy is dead, just flick him a little in the nuts. Doesn't even need to be hard. I got kind of grazed once by a hacky sack when I was 13 years old, and I still remember that like war flashbacks. You will know if he is dead. Yep, that's the lesson we learned. And then if you didn't see, on Monday, the European stock market suddenly went into this tailspin,

and for a while, nobody knew why. It was so bad that trading had to come to a temporary halt in several markets across the continent. With Nordic stocks hit the hardest, you had Sweden's OMX 30 share index taking as much as 8%, though luckily we saw stocks quickly rebound. I mean, Sweden's finished the day down only 1.9%. Still bad, but not a disaster.

But you know, you had people going, what the fuck, what happened? And later that day, a Citigroup kind of like opens the door, walks out, is like, so sorry. Because according to their spokesperson, this is their statement, on Monday, one of our traders made an error

when inputting a transaction. And adding within minutes, we identified the error and corrected it. You Monday, one of our traders made an error when inputting a transaction and adding within minutes, we identified the error and corrected it. You know, an error, a little oopsie daisy. Everyone's done that. Granted, 99.9% of the people that did it didn't accidentally tank the stock market. But also, it turns out this kind of thing

is not as rare as you might think. In fact, they've got a name for it. They call it a flash crash when the price of an asset plummets sharply and then shoots right back up right after, often within minutes. With most of the blame for this falling on high frequency traders who can cause a cascading effect

among AI trading programs, which react by spiraling out of control. Right, essentially like you set up a program and you're like, okay, if the price hits here, we're gonna sell off. But it just so happens that other people are like, okay, if the price hits here, we're gonna sell off. And then other people are like, here and here and here.

So you have all this automatic selling off of assets to minimize losses, prompting more programs to then sell assets and going and going and going until the thing hits the floor. In fact, I don't know if you saw this, last year there was a high frequency futures trader who was sentenced to a year of home detention for helping trigger a $1 trillion flash crash

a decade earlier. And more specifically, one of his crimes was spoofing, which is when you place thousands of buy offers with the intent of canceling them right before they finalize, thereby manipulating the market price in ways you can personally profit from. But unlike that, this recent case

does not appear to be intentional. So yeah, I guess the main point is, Greg, watch where you're fucking clicking, bro. And then we should talk about how just a month after the first Amazon warehouse in US history voted to unionize, Goliath has dealt a nasty blow to David, or you could say David hurt David. That's because a second warehouse in Staten Island known as LDJ5, which is actually nearby the first one, voted on Monday against joining the ALU, or Amazon Labor Union. And this was not close.

This was an overwhelming loss. You had 1,600 eligible voters, and you only had 380 voting for, with 618 against. Which has resulted in some asking, how strong is the labor movement's real momentum here? Because in the wake of the union victory, progress to many seemed unstoppable. With filings for union elections during the six months

ending in March increasing nearly 60% compared to the same period a year earlier. And you had workers organizing at other high profile companies like Starbucks, which has seen almost 250 stores around the country file union election petitions, and over 40 of those succeeding. As well as efforts at REI, the New York Times,

and other firms in security, transportation, healthcare, and lease management. And hell, I mean, just last summer, there was a Gallup poll that found that 68% of Americans approve of labor unions, which is a number we haven't seen since 1965. And as far I mean, just last summer, there was a Gallup poll that found that 68% of Americans approve of labor unions, which is a number we haven't seen since 1965. And as far as why all of this has been happening now, you had a Cornell labor expert telling NPR

that labor organizing is contagious, especially now that cell phones and social media make it easier for workers to connect. Plus, you've got a friendly White House, Democratic NLRB, a tight labor market, all empowering workers to stand up against their employers. But at the same time, there's also research suggesting that a lot of this is being driven

by socially immobile college educated workers who feel like their skills are being wasted. Or if you graduated after the great recession, the deal your parents got, you know, go to college, work hard, come out the other end with a good stable job, that just doesn't always hold up anymore. And generally they believe that unionizing is the solution. But with Monday's loss for the ALU,

some are now having doubts about whether the organizing wave is going to last, especially if Republicans take back congressional seats in the upcoming election. Plus even the very existence of the ALU, some are now having doubts about whether the organizing wave is going to last, especially if Republicans take back congressional seats in the upcoming election. Plus, even the very existence of the ALU is in jeopardy, with Amazon challenging the first warehouse election results, claiming that they were tainted by organizers who pressured workers to vote yes.

And on Sunday, the NLRB said that the company's objections justify a hearing, so this is gaining traction. And even if Amazon fails, it can still refuse to negotiate with the ALU, potentially triggering lengthy legal battles as a backdoor way to thwart the union. Which is why data from 2009 found fewer than half of unions obtained their first contract within a year of winning an election, and 30% didn't secure one within three years. Still, the ALU seems optimistic, tweeting yesterday that it will continue to

organize workers at the second warehouse and beyond. As well as Chris Smalls, who co-founded the ALU, saying that despite the loss, he's proud of the workers, and they had a tougher challenge there than he did at the first warehouse. But for now, we have to wait to see, is this the beginning of what we're going to see more of, or is this just a bump in the road for them? But from that, I wanna take a second to thank the fantastic sponsor of today's show, NordVPN,

or more directly, nordvpn.com slash Phil. Y'all know that I've been a Nord customer for years now, and I'm here to remind you that it's important to be protected, and NordVPN's advanced threat protection feature is the next step in your digital security. Threat protection neutralizes cyber threats before they can do any real damage to your device.

It makes your browsing safer, smoother, and helps identify malware-ridden files, stops you from landing on malicious websites, and blocks trackers and intrusive ads on the spot. And get this, once you enable the threat protection feature in your NordVPN app settings, it protects your browsing even when you're not connected to a VPN server. Additionally, it also helps load websites faster

since it blocks all the junk, which is a great benefit I thought you should know about. Take advantage of an exclusive deal and head on over to nordvpn.com slash fill. It's gonna two year plan at a huge discount, plus one additional month for free. What are you doing? That's nordvpn.com slash fill.

And it's all risk-free with Nord's 30 day money back guarantee. And then of course we need to talk about the biggest story in the States right now. All life is a lie! You don't care if women die! Abortion is not fair! Where's the babies?

Oh, Joyce, that's a lie! Babies never choose to die! So there are a lot of emotions and reactions to this news, so let's try and break it down. So yesterday, Politico publishes what they said was a majority Supreme Court opinion that would overturn Roe v. Wade. So we're talking end of federal abortion rights.

According to the document the draft opinion was circulated among the justices in February and written by Justice Samuel Alito. And in it Alito states that the majority sided with Mississippi in the highly watched case over the state's 15-week abortion ban. Overruling an appeals court decision the law went against Supreme Court precedent on fetal viability. This draft goes beyond just agreeing with Mississippi which the conservative justices had signaled they would do during oral arguments back in December. When they made comments there, many experts speculated the court would just issue a narrow ruling that chipped away at protections

provided under Roe. But in this draft, Alito says the majority supports entirely overturning Roe, as well as the subsequent 1992 opinion that largely upheld it, Planned Parenthood v. Casey, with him writing, we hold that Roe and Casey must be overruled. It is time to heed the Constitution

"'and return the issue of abortion "'to the people's elected representatives.'" With Alito making many arguments that we've seen many times before. For things like abortion rights are not something mentioned in the Constitution and nothing in its text or structure supports it as a right. And as a result, this is really just a state's rights issue.

With Alito writing, "'The Constitution does not prohibit the citizens "'of each state from regulating or prohibiting abortion. "'Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives. And in Alito's efforts to back up those claims, he stated that Roe, quote,

"'was egregiously wrong from the start,' and adding that the reasoning behind the decision was exceptionally weak and had damaging consequences." Alito also arguing that fetal viability, which is a core aspect of Roe, and sets the distinction between when a fetus can live outside the womb, makes no sense. With him echoing assertions made by his conservative

colleagues on the court, like the claim that opinions on pregnancies at a wedlock have drastically changed since Roe was decided and the demand for adoption makes abortion less needed. One point even seeming to declare that women won't be oppressed if abortion is made illegal in the states that they live in because they can vote, writing, "'Women are not without electoral or political power.

The percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so. And of course, there are a lot of other beliefs that Alito pushes on, I can't hit on them all. I'll link to the document down below. But there is one last incredibly notable one that I do want to flag here. Right, a lot of this draft is focused

on the central argument that the long history of abortion being criminalized in the US proves that it's not protected in the constitution. With his claim here being that rights that are protected by the constitution, but not explicitly mentioned in it, AKA enumerated rights, need to be firmly rooted in American tradition and history.

But as places like Politico have noted, that form of analysis seems at odds with several of the court's recent decisions, including many of its rulings backing gay rights. And that analysis is especially concerning because the Supreme Court has of course recognized many enumerated rights that don't have so-called deep roots in US history,

including most recently decisions that established the right of same gender couples to be intimate and get married in 2003 and 2015 respectively. And in the draft, Alito directly mentions those decisions, scrapping what he called appeals to a broader right to autonomy as a slippery slope, claiming that their high level of generality could license fundamental rights to elicit drug use,

prostitution and the like. Though at the same time, he argued that overturning Roe wouldn't jeopardize other non-abortion rights, which is a pretty fucking wild thing to say after making all those comments and presenting arguments that basically light 50 years of precedent on fire. And it really cannot be understated how major this moment is

for a number of reasons. And today I wanna focus on two overarching ones. One, the immense consequences this would have if the court does overturn Roe and the two, unprecedented earth shattering nature of this leak, the immense consequences this would have if the court does overturn Roe, and the two, unprecedented, earth-shattering nature of this leak and the impact that it could have. Right, so first things first, if Roe v. Wade is overturned, abortion wouldn't be outlawed everywhere.

States would just be given the authority to decide whether to ban abortion or restrict it beyond what was previously allowed. And because this decision has not been finalized yet, right, this was a leak of a draft, right now abortion is still legal everywhere. But if and when Roe is overturned, 13 states would immediately ban

abortion through what are called trigger laws. Beyond that, experts also say that about a dozen other states would then likely prohibit or severely limit the procedures soon after, with all the bans mostly concentrated in the South, Midwest, and Great Plains. So as a result, this is going to disproportionately impact poor people and people of color who are unable to spend the time and money needed to travel to other states to get abortion. Because understand this has and always will be a question of access. People in blue states, people with enough money, senators with daughters and mistresses, they will always be able to get abortions.

It is literally the people who need these services the most that will be blocked from accessing care, forced to raise children, or resort to dangerous alternatives. And in addition to driving up abortions in states that won't ban it, experts say that a repeal of Roe will have serious impacts on women's health.

And as the old saying goes, there won't be fewer abortions, there will just be less safe legal abortions. But again, this decision is not yet in effect and isn't expected to be finalized until sometime in the next two months. But that brings us to the second overarching reason that this leak is so massive, which of course is the leak itself.

Politico had initially said that they received a copy of the draft from a person familiar with the court's proceedings in the Mississippi case, along with other details supporting the authenticity of the document. And just this morning, the Supreme Court issued a statement confirming the authenticity of the document and calling on the Marshal of the court

to investigate the leak, but also adding that, quote, "'It does not represent a decision by the court or the final position of any member on the issues in the case.'" And that could be a really key thing here. This is technically just a draft, and as Politico notes, deliberations on controversial issues have in the past been fluid.

Where multiple drafts of decisions are often circulated before major decisions like this, and justices can and do change their minds. And while it's standard procedure for justices to cast preliminary votes, a person familiar with the court's deliberations did tell Politico that four of the five other Republican-appointed justices

had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that lineup remains unchanged as of this week. But that person also saying that the three Democratic appointed justices are working on one or more dissents, and it's unclear how Chief Justice John Roberts will vote.

Though technically, and I don't say this to give you false hope, even in that lineup, if it does remain unchanged until right now, it doesn't mean it won't before the final decision. Justices could change their votes. They could also ultimately issue a more narrow decision that favors Mississippi without entirely overturning Roe.

But regardless, the leak is absolutely massive, not only because it's on such a consequential ruling and offers incredibly unique insight into the decision, but also because the leak itself is so damn rare. This is the first time that a draft of a Supreme Court case has been leaked in full while the case was still pending, with many also pointing out a really interesting historical parallel here.

But another major historical leak was when the original decision that established Roe v. Wade got leaked to the press early by a court clerk. Though, notably there, the decision had already been finalized and it was just hours before it was set to be announced. And even then, the whole incident was kind of based on a fuck up because the opinion was supposed

to come out earlier. But this leak is much, much earlier. So much earlier, in fact, that the person who leaked it may hope the move will cause so much public pressure that the justices will be encouraged to change out earlier. But this leak is much, much earlier. So much earlier, in fact, that the person who leaked it may hope the move will cause so much public pressure that the justices will be encouraged to change their minds. And to that point, it is also very clearly super intentional, right? The Supreme Court is one of the most secretive bodies

in the country. It's only a small circle of people who even have access to this kind of information. And if they end up getting caught, I mean, they're gonna kiss their career goodbye. So with this, we saw many people possibly just trying to distract from, you know, people's rights being taken away,

arguing that the leak should be the focus. People like Megyn Kelly saying, "'The pathetic spineless leak of a draft SCOTUS opinion "'has the feel of something a sad little woke "'20-something-year-old would do. "'The kind of person who thinks their personal agenda "'is more important. "'Whoever did it should lose their law license.'"

Others going even further, claiming the leak amounts to terrorism against the court and against our nation as quote,, far more destructive than any suicide bomber would be, which is a pretty fucking wild thing to say. Then you have others essentially being like, okay, we can care about the leak, but also shut up because something much bigger has happened,

saying this is an attack on bodily autonomy, so quit crying about a leak to the press. Also among the reactions, we saw Joe Biden responding, putting out a press release saying a woman's right to choose is fundamental, saying that he previously directed his gender policy council to prepare for these ongoing attacks against abortion rights and adding,

"'We will be ready when any ruling is issued.'" With him also saying that if Roe is overturned, voters should use that as a reason to mobilize this fall and elect more pro-choice leaders so Roe can be enshrined in federal law. He's not the only one talking about codifying Roe into law. You have people like AOC and Bernie Sanders saying this is something that needs to happen now.

You also have governors across the US saying they will act to safeguard and expand protections in their respective states. You also had complicit assholes who helped clear the path for all of this, seeming surprised. Like Susan Collins is either the fucking dumbest person and or like just a slimy liar. Right, if you remember, she voted to confirm

the likes of Kavanaugh and Gorsuch, claiming that she believed that they would respect Roe as the law, to which everyone paying attention was like, in what fucking world? But today, Collins was seemingly the only one surprised, putting out a statement saying, if this leaked draft opinion is the final decision and this reporting is accurate,

it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office. I don't think Collins can swim with how dense she is. But of course, there were other major responses, including protests, Planned Parenthood slamming the draft and vowing to act. As well as streamers and online personalities speaking out.

People like Casson Pike are saying they're going to states rights all our rights away. Also planning a fundraiser for the states that would be most impacted. Ethan Klein saying, "'Women are officially second class citizens in America "'now with Roe v. Wade overturned. "'The very basic right to control your body is lost.

"'It's a scary time to be a woman in America "'and I'll support you with everything I can." As well as the likes of Ariana Grande hitting her followers up with a call to action saying, "'It's never been more necessary to make sure you and everyone you know and care about are registered to vote in all elections.'" And to that point, many people are wondering

with the Supreme Court poised to take down Roe v. Wade, what is this going to do to the midterm elections? Especially in a year where Democrats are expecting to see major losses in their base, not really being motivated to turn out. Plus, I mean, just look at the fact of the timing. This draft was leaked right before 13 states head to the polls for primaries this month alone.

So while the leak may not impact what the court actually does, it is possible that something happens with this election. But also on the note of pressure, that's something that Alito himself hit on in the draft. "'We cannot allow our decisions to be affected "'by any extraneous influences, "'such as concern about the public's reaction to our work.'

"'And adding, we do not pretend to know how our political system or society will respond to today's decision overruling Roe and Casey. Which one, kind of a stupid fucking statement, but also two, I guess now you do know. The mystery has been solved. Yeah, ultimately I'll end this story just how I ended it this morning. If when you see all of this news, you are not happy, this is not where you want your country to go. Yes, you can donate and raise money for causes. You can go out and protest, but one of the most meaningful things is voting and voting every time.

It's easy to get complacent. It's easy to forget. It's exhausting existing. And you can be the change you wanna see in this world, and you can vote for the change you wanna see in this world. I guess the main question that will be answered on November 8th, 2022 is will people still care? Will this motivate people?

Does this change what was going to happen? We'll see. People have short attention spans in this day and age, but this is a big one. But ultimately that is where that story and today's show ends. Remember, if you haven't seen it already, I got you covered right here with some more news coverage.

But with that said, of course, as always, my name's Philip DeFranco. You've just been filled in. I love yo faces and I'll see you tomorrow.