The Philip DeFranco Show - PDS 6.25 New Jussie Smollett Footage & Scandal, California VS NCAA, & Horrifying Child Detention

Episode Date: June 25, 2019

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Transcript
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Starting point is 00:00:00 Hi, so I know that this is a different sort of intro This is actually the last thing that I filmed for this video Even though it is the first thing that you're seeing I just wanted to add a note before we got into today's show One of the most requested stories people were sending me today was about the the death of a youtuber It's a really sensitive subject It didn't feel right to just kind of just try to slap it inside of a Philip DeFranco show So for those of you looking for me to talk about that, I'll link to it down below I uploaded a second unmonetized video on a different channel
Starting point is 00:00:26 If I can say one last thing before we jump into today's regular show You're not alone You're deserving of change, a second chance of a whatever you don't feel like you're deserving of. You feel alone if you feel broken I feel alone. I feel broken. You are not alone. But yeah with that said here is your regularly scheduled Philip DeFranco show Sup you beautiful bastards. Hope you had a fantastic Tuesday. Welcome back to the Philip DeFranco show. Sup you beautiful bastards, hope you had a fantastic Tuesday. Welcome back to the Philip DeFranco show and let's just jump into it. The first thing we're gonna talk about today
Starting point is 00:00:51 are college athletes, the NCAA, and the state of California. And to talk about what's happening now, I need to give you a little bit of background. Back in February, State Senator Nancy Skinner and State Senator Steven Bradford, both Democrats, proposed Bill 206, aka the Fair Pay to Play Act, a bill that would allow compensation of a student athlete
Starting point is 00:01:06 for the use of the student's name, image, or likeness at all colleges and universities in California. It would also allow athletes to obtain an agent or representative, the text also noting that it would be illegal to revoke a student's scholarship as a result of earning compensation or obtaining legal representation, and if passed, fair pay to play would go into effect in 2023.
Starting point is 00:01:24 And the reason this is a massive deal is the NCAA currently Prohibits any student athletes from being compensated or obtaining an agent Which basically means that this bill stands opposed to the NCAA as far as the NCAA they responded back in May to this California bill in a statement announcing their new working group which was created to quote examine issues highlighted and recently proposed federal and state legislation related to student athlete name, image, and likeness. And what we saw was just a week later, the bill passed the California Senate 31 to five. And as far as why we're talking about this today,
Starting point is 00:01:50 well, last week, the president of the NCAA, Mark Emmert, reportedly wrote a letter to Senator Skinner and Senator Bradford. And according to reports, Emmert hinted that if SB 206 passes as is, California schools could potentially be banned from participating in NCAA championships. And it reportedly asked the committee
Starting point is 00:02:04 to postpone any decisions until after the working group has a chance to review the current rules, which reports say is most likely sometime in October. And it's reported that in his letter, Emmert wrote that the bill, quote, "'likely would have a negative impact "'on the exact student athletes it intends to assist,' and adding, "'passage of the bill now will create confusion
Starting point is 00:02:19 "'among prospective and current student athletes "'and our membership. "'The impact of a prematurely passed bill "'would be difficult to untangle. And Emmert's letter didn't end up delaying or postponing anything, but it did prompt an amendment that would allow the bill to monitor the working group, as well as, quote, continue to develop policies to ensure appropriate protections are in place
Starting point is 00:02:35 to avoid exploitation of student athletes, colleges, and universities. And as far as what's next for fair pay, it's a play. Part of that's being decided today. The bill was heard before the House Committee on Arts, Entertainment, Sports, Tourism, and Internet Media today, and it passed in a five to one vote, which means that the bill will now advance to the Higher Education Committee,
Starting point is 00:02:50 who will have to approve the bill as well. As of right now, they are scheduled to meet again in July. End of note here. In previous votes, this bill has passed in a landslide. And it's been interesting to see the reactions to this. See a lot of people in support of this bill, a lot of people against it. You've also seen people question the intent
Starting point is 00:03:04 or the reasoning behind this bill, some claiming that it's to give California schools an advantage. Although I will say regarding that, based on the long kind of the lay of the land right now, this is not set to just be a California issue, but very much a national issue. I mean, as far as the legal side of this,
Starting point is 00:03:17 we've seen people debating whether the NCAA could even actually ban California schools. And this is because, and I'm oversimplifying here, the NCAA is a trade association. And this is because, and I'm oversimplifying here, the NCAA is a trade association. And as Forbes explains, a trade association such as the NCAA may not enforce any bylaw that violates federal or state law.
Starting point is 00:03:33 So it's gonna be interesting to see what happens here, how the NCAA responds, how the other colleges outside of California respond. But yeah, I mean, as far as my opinion with this story, and this isn't gonna be surprising if you've seen our previous NCAA coverage, we have a fantastic deep dive on it that doesn't fully go into the money but more of the conditions for the players. The main point I believe that these college players should be able to be compensated
Starting point is 00:03:51 for their image. A ton of these young people are just going to be used up in this system. They don't make it to the pros. Meanwhile you have the NCAA profiting off the backs of these young people bringing in in 2016-2017 they brought in a billion dollars of revenue. Hey this is my is my opinion, and if you agree, you don't agree, that's completely fine. I'd love to hear from you in those comments down below. Then, let's talk about Jussie Smollett back in the news. Now, it's been a while since we last talked about this, so I'm going to provide a quick refresher. As you may or may not recall, at the end of January, the Empire actor said that he was attacked by two masked men in Chicago. He claimed that they yelled racial and homophobic slurs at him, poured a chemical substance on him,
Starting point is 00:04:25 yelled, this is MAGA country, and tied a rope around his neck. Then in February, the Chicago police said they identified two suspects, the Osandaro brothers. But after interrogating them, the brothers said that Smollett had actually paid them to stage the attack. Smollett was then indicted on felony charges, including disorderly conduct and filing a false police report.
Starting point is 00:04:40 He turned himself into the authorities, and then all of a sudden on March 26th, prosecutors announced that they were dropping all charges in the case. But also Smollett had to pay $10,000 in bonds. Chicago police were not happy with this decision, saying that justice had not been served. Smollett has maintained his innocence,
Starting point is 00:04:54 and also, a thing of note, Smollett is actually being sued by the city of Chicago, and it was confirmed that Smollett will not be returning to the set of Empire, which is the show that he's mainly known for. And at this point, I know some people are getting their fingers ready. They're like, hey, but you missed one thing. What about the whole situation with the state attorney?
Starting point is 00:05:07 Well, that's actually connected to the update we're talking about today. A judge has now appointed a special prosecutor to look into the decision to drop charges against Smollett. And specifically, they would be looking at Cook County state attorney Kim Fox's choice to recuse herself from the case and then appoint one of her aides to handle it as opposed to another prosecutor.
Starting point is 00:05:23 Right, so that, along with other aspects of their investigation. And the judge wrote a 21-page opinion where he said, quote, The unprecedented irregularities identified in this case warrants the appointment of independent counsel to restore the public's confidence in the integrity of our criminal justice system. Also at the same time,
Starting point is 00:05:37 the chief communications officer for the Chicago police tweeted, We stand firmly behind the work of detectives in investigating the fabricated incident reported by Jussie Smollett, and Chicago police will fully cooperate with a court-appointed special prosecutor. And one of the most important notes when it comes to this special prosecutor is that this opens the door for Smollett to be charged again. Also another massive update to the story is following all of this, yesterday Chicago police released 70 hours of footage all connected to Smollett's case.
Starting point is 00:06:01 And with all that footage, one of the videos that is now released to the public is body cam footage of officers going to Smollett's apartment after the alleged attack. And in it, a man who identifies himself as Smollett's creative director greets the police, takes them up to the apartment. He quickly identified Smollett as someone in the public eye. He is like a star on the books on the show, you know what I mean?
Starting point is 00:06:17 So I think he doesn't want that to be a big deal. You understand what I'm saying? And in case you were wondering, the creative director's face, as well as Smollett's, have been blurred by CPD. And the reason for this is because at that time, Smollett was considered to be a victim. And so there was a Freedom of Information Act request to do so. Another clip from the body cam footage shows Smollett with the rope still around his neck.
Starting point is 00:06:34 Do you want to take it off or anything? Yeah, I do. I just want to talk to you. Smollett then says he had bleach poured on him, and when he learns he is being recorded, he says he doesn't want to be filmed. And so officers turn off the body cameras at that time. Videos were also released from events leading up to and after the alleged attack, with police saying they have footage of the two brothers in a cab on the way to the location,
Starting point is 00:06:54 as well as the brothers fleeing the scene. Also, according to the Chicago Tribune, police also released documents about the case, this including text messages, which reportedly show that one of the brothers may have supplied Smollett with drugs on a regular basis, which many reports say could further incriminate Smollett, as these are not the only texts between the two.
Starting point is 00:07:09 Previously released texts that were sent before the alleged attack show Smollett telling the brothers, quote, might need your help on the low. But ultimately, that's where we are with this story right now, and it's gonna be very interesting to see what comes from this special prosecutor. So the question I wanna pass off to you is,
Starting point is 00:07:20 what is your reaction to this? Are you happy to see that it's not done, or you think it's ridiculous? What do you think will happen? What do you hope will happen? Let me know what you're thinking in those comments down below. And then let's talk about this news coming out
Starting point is 00:07:30 regarding a border patrol facility in Clint, Texas. And yesterday we saw authorities confirming that hundreds of children had been transferred from this facility after a group of lawyers visited last week and interviewed about 60 children. Now usually detention facilities are highly restricted. They don't allow lawyers and journalists to enter. But this specific team of lawyers was allowed to visit
Starting point is 00:07:46 as part of the Flores settlement, which is a legal agreement that mandates that children have to be held in safe and sanitary conditions. What they found was hundreds of children living in just appalling and horrifying conditions. One of the lawyers who works with the organization named Holly Cooper told the AP, "'In my 22 years of doing visits
Starting point is 00:08:01 "'with children in detention, "'I have never heard of this level of inhumanity." We also heard from another lawyer who went to Clint named Warren Binford, and Warren said that when the lawyers arrived, they saw approximately 350 children in the facility. And continuing, we were so shocked by the number of children who were there, because it's a facility
Starting point is 00:08:16 that only has capacity for a hundred and four. She also went on to describe her interviews with some of the children saying, "'Children described to us that they've been there for three weeks or longer. They were filthy dirty. They told us that they were hungry. They told us some of the children saying, "'Children described to us that they've been there "'for three weeks or longer. "'They were filthy dirty. "'They told us that they were hungry. "'They told us some of them had not showered "'or had not showered until the day
Starting point is 00:08:30 "'or two days before we arrived. "'Many of them described that they only brushed "'their teeth once, and many of the children reported "'sleeping on the concrete floor.'" With Binford also saying that the children, quote, "'Told us that nobody's taking care of them "'so that basically the older children "'are trying to take care of the younger children.'"
Starting point is 00:08:43 Also saying that the guards will ask young children to watch over infants and toddlers and sometimes we hear about the littlest children being alone by themselves on the floor. She also said there was a lice infestation and flu outbreak, adding and so a number of the children are being taken into isolation rooms, quarantine areas where there's nobody with them except for other sick children. And when asked if she thought that there was anything specifically illegal at the facility, Binford said laws were being broken right and left. And also going on she thought that there was anything specifically illegal at the facility, Binford said, Laws were being broken right and left. And also going on to explain that because of the law, these children are not supposed to be in a Border Patrol facility any longer than they absolutely have to, and in no event are they supposed to be there for more than 72 hours.
Starting point is 00:09:15 But many of them were there for three and a half weeks. And Binford went on to say that what's going on at the facility is not just illegal under Flores, but also because they are not supposed to be breaking up families. Saying last year, a judge explicitly ruled that these children need to be kept with their parents, that family integrity is a constitutional right and is being violated. And adding, we met almost no children who came across unaccompanied. And going on to claim that the United States is taking children away from their family unit and reclassifying them as unaccompanied children. But they were not unaccompanied children. And some of them were
Starting point is 00:09:42 separated from their parents. Now, Bidford's account is obviously terrifying. It is also incredibly important. It shines a spotlight on a system that is functionally hidden from public. But a big thing to remember here is Clint is only one example of a facility where we've seen reports of unsanitary and unsafe conditions. We've also recently seen reports of similar conditions at a processing center in McAllen, Texas. According to the Texas Tribune, that processing center is the largest in America. And at that center, the largest center, people are forced to live in overcrowded spaces. And the space is so limited, despite how large it is, that some people are even forced to sleep outside.
Starting point is 00:10:12 And a lawyer who visited the McAllen Center told the Texas Tribune, "'Basic hygiene just doesn't exist there. "'It's a health crisis, a manufactured health crisis.'" And these are just some examples that reflect a much broader problem, which is the fact that across multiple agencies, the government simply
Starting point is 00:10:25 just doesn't have enough resources or capacity to deal with the number of migrants in detention centers. And so that's why just this month, the Department of Health and Human Services, the Homeland Security Department, the Defense Department, and the Justice Department have requested $4.5 billion from Congress to help care for migrants in detention. I don't even know if the term overwhelmed can capture
Starting point is 00:10:42 how underwater the situation seems to be right now. In an interview with the AP, Acting Customs and Border Protection Commissioner John Sanders said that the Border Patrol only has the capacity to hold 4,000 people. But reportedly right now they are already holding 15,000 people. We also saw Sanders say, The death of a child is always a terrible thing, but here is a situation where because there is not enough funding, they can't move the people out of our custody. And again, one of the main reasons the border patrol facilities are so bad is because they are only supposed to be temporary. Like Binford said, people are only intended
Starting point is 00:11:09 to be held at these facilities for 72 hours at most before being transferred to shelters run by the Department of Health and Human Services. But people end up staying at these border patrol centers like the ones in Clint and McAllen for weeks and weeks at a time because the DHHS's shelters are all full. With yesterday, border patrol officials
Starting point is 00:11:23 telling AP in a statement, "'Our short-term holding facilities were not designed to hold vulnerable populations and we urgently need additional humanitarian funding to manage this crisis. And after we saw the lawyers speaking with the media, we saw a lot of politicians respond. On Sunday, President Trump and Vice President Mike Pence
Starting point is 00:11:37 both blamed Democrats for not giving enough funding to the Department of Homeland Security. Also, when asked about children in detention on Meet the Press, Trump said, "'We're doing a fantastic job under the circumstances. "'The Democrats aren't even approving giving us money. Where is the money? You know what? The Democrats are holding up the humanitarian aid. We also saw Pence make similar arguments during an interview on Face the Nation saying that children in US custody was heartbreaking and unacceptable, but claiming that the Trump administration couldn't do anything unless Democrats agreed to more funding.
Starting point is 00:12:01 But on the other side of this, you have congressional Democrats saying they don't want to give more money to the Trump administration because they do not believe that the money's actually going to go to helping migrants in detention facilities. And in a joint statement, Alexandria Ocasio-Cortez, along with three other Democratic representatives wrote, "'It is absolutely unconscionable to even consider "'giving one more dollar to support
Starting point is 00:12:17 "'this president's deportation force "'that openly commits human rights abuses "'and refuses to be held accountable "'to the American people.'" Which, regarding one of the notes that AOC hit on there last week, if you didn't see, Trump tweeted, "'Next week, ICE will begin the process "'of removing the millions of illegal aliens
Starting point is 00:12:31 "'who have illicitly found their way "'into the United States.'" Though on Saturday, he ended up tweeting, "'At the request of Democrats, "'I have delayed the illegal immigration removal process, "'deportation for two weeks to see if the Democrats "'and Republicans can get together and work out a solution "'to the asylum and loophole problems
Starting point is 00:12:44 "'at the southern border. If not, deportations start. And I mention that because even though ICE and Border Patrol have separate detention centers, many experts worry if ICE ramps up deportations, the situations we're seeing won't just affect Border Patrol detention centers. It will also get worse for ICE centers too,
Starting point is 00:12:57 exponentially worse. According to the AP, as of June 8th, the total number of adult detainees alone was 53,141. The agency is only budgeted for 45,000. So if arrests ramp up, obviously that will create adult detainees alone was 53,141. The agency is only budgeted for 45,000. So if arrests ramp up, obviously that will create more detainees, making the situation a lot worse. And just today, the House is debating a $4.5 billion bill
Starting point is 00:13:13 that will give emergency aid to the border. And regarding that, you also have the likes of Democratic Representative Pramila Jayapal saying, "'We all want to address the problems at the border, "'but we don't know that there are enough sticks "'in this bill to make sure that the Trump administration "'actually spends the money the way they're supposed to. He's creating these crises and then trying
Starting point is 00:13:28 to point a finger at Democrats to give him more money, which he then uses for his own purposes. And that was going to be where I ended this story, but as I was recording it, just to really highlight how ridiculous and chaotic the situation is right now, while we were recording, we saw updates, right? It was first reported that most of the children were removed from Clint, though around 30 remained.
Starting point is 00:13:45 But now we have a Customs and Border Protection official confirming to the LA Times that 127 of the children who had been transferred have been transferred back to Clint. And now the LA Times have also reported that two Customs and Border Protection officials have confirmed that acting Customs and Border Protection Commissioner Sanders has announced his resignation.
Starting point is 00:14:00 And so for now, that is where we are with this. It's gonna be very interesting to see what happens. And of course, like with every story, I'd love to hear your thoughts on this in the comments down below. That's where we're going to end today's show. And hey, if you like this video, we'd love if you took a second to hit that like button. Also, if you're new here, you want more of this on the daily, be sure to hit that subscribe button, ring that bell to turn on notifications. Actually, on that note, if you miss either of the last two Philip DeFranco shows, you want to catch up, you can just click or tap right there to watch either of those. But with that said,
Starting point is 00:14:27 of course, as always, my name's Philip DeFranco. You've just been filled in. I love your faces, and I'll see you tomorrow.

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