The Philip DeFranco Show - PDS 6.8 Why NYC Air Quality & Canada's Wildfires Could Get Even Worse, Is Twitch Lying, & Bad News For Trump

Episode Date: June 8, 2023

Use code PHIL for $20 off your first SeatGeek order. https://seatgeek.onelink.me/RrnK/PHIL Check out My Special Sunday PDS: https://youtu.be/lnJw4Whmg68 Catch up on the last PDS: https://youtu.be/k2XN0IzXjCE Check Out Zaid’s Monday Bonus Video: https://youtu.be/ZHrS2yW-wzE –✩ TODAY’S STORIES ✩ – 00:00 - As Smoke Covers NYC, Scientists Warn That El Nino Will Bring Early Summer Heat 04:02 - Twitch Walks Back Branded Content Rule Changes 05:40 - Sponsored by SeatGeek 06:31 - Radio Show Host Sues OpenAI for Defamation 07:33 - SCOTUS Sides With Jack Daniels in Dog Toy Case, Rules Against Alabama in Racial Gerrymandering Case 09:00 - Trump Facing Potential Indictment Over Documents Probe ——————————   Produced by: Cory Ray Edited by: James Girardier, Julie Goldberg, Maxx Enright, Christian Meeks Art Department: William Crespo Writing/Research: Philip DeFranco, Brian Espinoza, Lili Stenn, Maddie Crichton, Star Pralle, Chris Tolve  ———————————— #DeFranco #Asmongold #Moistcr1tikal ———————————— Learn more about your ad choices. Visit megaphone.fm/adchoices

Today, we're talking about why the Canadian wildfires and the hellscape being witnessed in New York and now more of the country may be about to get worse. The Supreme Court dropping a surprise landmark decision. My creators and fans are saying Twitch is lying to their faces. The shocking Trump indictment news at the center of his new meltdown. We're gonna be talking about all that and so much more in today's brand new Philip DeFranco show. You daily dive into the news, but first, unfortunately, just need to address something. If you're one of the people messaging me saying, Phil, why did you not upload a video yesterday? We did.

It's just that several hours after we uploaded it and people watched it like normal and it was actually trending to be one of our best videos in the past two weeks, YouTube decided to suppress it, stop recommending it, and even age-gated the video. With it appearing to be connected to the LGBTQ story that came out of Glendale. So, cool, YouTube. Thanks so much for that. And two things for you. The first being, if you haven't seen that video, I'll link to it down below, but you can still find it on the channel page,

it's just not being recommended in the other places. Two, it's part of the reason we launched this, if you're in the United States or Canada, text me at 813-213-4423, it's my text line, I let you know when shows go up. I also text about other stuff. It causes a fuck ton to use the service as much as we do, but it has become unfortunately a necessity

because we've been getting hit more, at least on YouTube. But that said, let's just jump into it. Starting with, I think Canada's really lucky right now because if Donald Trump was still president, I think there's like a 33% chance he would have played around with the idea of nuking these forest fires. Like, yeah, we drop a nuke, the shockwave happens,

like blowing out a candle. Bang, bang, boom, done. But instead, in reality today, of the smoke continuing to spread, the U.S. National Weather Service issuing air quality alerts for virtually the entire Atlantic seaboard. The list of cities blanketed in this Blade Runner-ass air, including not just New York, but also Philadelphia, Boston, D.C., and even creeping into parts of the Midwest and South.

Which is why you're seeing schools shutting down outdoor activities, airlines canceling flights, the MLB calling off games. And while obviously with this, everyone's got different life situations, everyone's handling the situation differently, not everyone can hunker down indoors while this lasts. With that, we're seeing this similar but also different kind of divide. I mean, yesterday in a TikTok, I was joking around saying, you know, because there were some experts saying, you know, people maybe need to wear masks, that there are going to be people going out and protesting by breathing directly from tailpipes. And obviously, while that was hyperbole, you did have climate deniers like Steve Milloy, who was on Trump's EPA transition team, telling Fox News viewers, hey, the smoke ain't that bad. Look, the air is ugly.

It's unpleasant to breathe. And for a lot of people, they get anxiety over it. But the reality is there's no health risk. We have this kind of air in India and China all the time. No public health emergency. Now, to be very clear, that is complete and utter bullshit. It's important I mention that as fast as possible.

Otherwise, that bullshit will spread faster than the wildfire he's wrong about. Experts warn that wildfire smoke can harm anyone, even healthy people, if they breathe in the particular matter it carries. And those with heart or respiratory problems are long COVID, and the elderly, children, pregnant women are the most at risk. Which is also why naturally with this situation, one of the most obvious questions is when is this nightmare going to be over? Because in part, it depends on the weather patterns, which are often unpredictable. But also their forecasts expect the wind to shift directions over the weekend, bringing in cleaner

air to the Northeast. But then I have to note, don't 100% count on it because new currents could push smoke further west into the interior northeast and Ohio Valley on Friday. So long as fires keep burning in Canada, the risk that fresh batches of smoke will drift across the border remains dire. So on that front, Biden sent 600 firefighters and support personnel up north to help Trudeau battle those flames. But also, 44 new fires broke out just yesterday. And this specific fire season is especially hot and dry, meaning that we're likely to see more over the coming week, which we also just found out is going to be worse because meteorologists declared the arrival of El Nino today. Key thing, that's one or two months earlier than expected,

with a climate scientist saying there's a 56% chance it'll be considered strong and 25% chance it reaches supersized levels. So basically, the summer is gearing up to be a brutally hot one, which, of course, is great for wildfires. Ultimately, where I'm going to leave you with this is, hey, if there's smoke in your area, you probably already know what to do, but just in case, or maybe you live with a partner that needs to hear what you say, but from another person for you to go, oh yeah, we should do that. It's recommended you

stay indoors, get an air purifier, keep your windows closed, and make sure the filter in your AC is clean. Also, if you don't have an air purifier, you can make one at home using a box fan and an air filter. And if you have to go outside, wear a mask, unless you're vehemently anti-mask, in which case, just take very deep breaths while you're outside. Because you obviously know something the experts just don't understand. Also, on the note of masks,

getting one's gonna be easier if you're in New York now. And that, because Governor Kathy Hochul tweeted that 1 million M95s will be available at state facilities like metro stations and state parks. But main thing, stay safe out there, and in those comments down below, let me know how the apocalypse is treating you. And then, I wish Twitch could just keep its stories straight. So earlier this week, the streaming platform unveiled restrictive

rules regarding branded content, where among other things, they wouldn't allow burned-in video, display, or audio ads, restricting the size of on-screen logos, things that tons of streamers said would essentially kill their ability to make money. And understandably, they faced tons of backlash and calls for boycotts, with them then responding, today's branded content policy update was overly broad. This created confusion and frustration, But then yesterday they released a new statement, saying, Yesterday we released new branded content guidelines that impacted your ability to work with sponsors to increase your income from streaming. These guidelines are bad for you and bad for Twitch, and we are removing them immediately. We will not prevent your ability to enter into direct relationships with sponsors.

Though it's also worth noting there that there was a fact-checking box from Twitter saying that the terms of service still state that Twitch users slash streamers may not insert embedded advertisements or banner ads. And yeah, it appears that some of the rules regarding that remain in the terms of service, but the branded content policy page has been updated

to get rid of the limitations regarding burn-ins. But even with all that, you had a lot of top creators from the platform firing back. Top streamers like Moist Critical say, Thanks for doing the bare minimum of walking back the that, you had a lot of top creators from the platform firing back. Top streamers like MoistCritic will say, Thanks for doing the bare minimum of walking back the worst change you've ever thought of. I think the trust is gone, though. You've shown you're more than willing to fuck your platform for some extra clams, so I'm expecting another greedy policy change within the next six months. You also had less aggressive reactions like that from Carl Jacobs, who wrote I,

along with tons of others, would love to discuss this sort of stuff before it becomes so big that you need to backtrack on it. As well as Asmongold, who's one of the loudest voices speaking out against it, just responding, W, thank you. And with that, he was not the only one saying thank you. In fact, a rival company, Kik, said thank you. Seemingly not for the backtrack, but for the controversy in general, tweeting, we just doubled our all-time 24-hour sign-up record. Shout out to that other website for the boost. And then, with the Denver Nuggets, Miami Heat, and the finals, hockey, baseball, concerts all in full swing, there's always an event for everyone and you're not going to want to miss out. And even better, how about getting $20 off just by using my code Phil for tickets

for any of these events? Because that's what you can get thanks to the fantastic sponsor today's show, SeatGeek. With over 28 million downloads, SeatGeek is the number one rated ticketing app. And with Blink-182, Taylor Swift, Ed Sheeran, and Drake going on tour right now, you need SeatGeek. And a lot of y'all know they're not just a sponsor. They're my go-to. I use it for everything, whether it be something massive like I used it for the Super Bowl or just random games or concerts or comedy shows or theater or whatever. And what makes it extra nice is SeatGeek wants to make sure that you're getting a good deal. So when you're on the app, look for the green dots. Green means good deal. Red means bad. And every ticket's backed by their buyer guarantee. And SeatGeek is the only

site that lets you return your tickets ahead of the events with swaps. But the biggest thing right now, that is $20 off your first purchase with promo code Philz. Make sure you click the link in the description to download the app. And then ChatGPT accused a man of embezzlement and now OpenAI is getting sued for it. You might remember how recently we talked about ChatGPT not quite ready to be a lawyer. You recently had that situation where it just like made up cases, but also now apparently it just changes the content of existing cases. Because as far as the details here, an editor-in-chief of a publication about guns was reporting on a real case in Washington state. So he asked ChatGPT to summarize a second amendment foundation, B. Ferguson, a case accusing AG Bob Ferguson of abusing his power by chilling the

activities of the foundation. And the editor provided the AI with a link to the case. But then ChatGPT allegedly spit out a summary saying that the case was actually about the foundation's founder suing Georgia radio host Mark Walters for defrauding and embezzling funds as the foundation's CFO and treasurer. But Walters, very importantly, was never the CFO of the foundation and he doesn't even work there. So he has now sued OpenAI for defamation with the lawsuit saying, Every statement of fact in the summary pertaining to Walters is false. And adding that the AI generated, quote, A complete fabrication that bears no resemblance to the actual complaint, including an erroneous case number.

And if this case dies or if this case moves is going to be massively important. Because if this is even remotely successful, we're talking about one case that could turn into a flood of lawsuits. And then the Supreme Court just made some big and unexpected moves. With a very conservative high court making the unexpected ruling to back black voters and voting rights in a racial gerrymandering case against Alabama. The justice is upholding a lower court ruling to toss out Alabama's congressional map in order the state to draw a new one on the grounds of the map discriminated against black voters and violated the Voting Rights Act in a

surprise five to four decision. And this is because the map was drawn so that out of its seven districts, only one had a majority of black voters, even though nearly a third of voters in the state are black. And so this decision marks a major win for voting rights advocates who were concerned that the conservative court, which has expressed skepticism over key parts of the VRA, would gut the landmark legislation that is so essential to equal rights. But that also wasn't the only ruling the Supreme Court handed down today. Though arguably it was the most important in terms of, you know, democracy and basic human rights. Though also the other case had a lot of eyes on it, but for very different reasons.

With that one involving a trademark dispute between Jack Daniels and a dog poop themed toy that parodies its bottles. You know, two equally important Supreme Court cases. But here what we saw was the High Court ruling unanimously in favor of the whiskey maker. Right in the heart of this case centered around the battle between trademark rights and free speech. With the justices striking down a ruling from a lower court that had said that the toys were clearly a parody

and thus protected under the First Amendment. And specifically the lower court said it had a frequently used trademark law precedent that allows artists to use another's trademark when it has artistic relevance and as long as it doesn't mislead consumers. But very notably here, the Supreme Court ruled that its ruling was narrow, refusing Jack Daniels' request that they throw out the trademark precedent entirely. And that, I mean, that would have been an absolutely massive move because it would have

made it much easier for companies to sue over trademark use, including parodies. But for now, the case will be handed back down to lower courts for further consideration. And then it really looks like Donald Trump might actually be indicted and soon. Because yesterday we saw numerous media outlets reporting that federal prosecutors in the Mar-a-Lago documents case have informed Trump's legal team that he's the target of their investigation. And while we might hear that and think, well, duh, the whole probe is about whether Trump improperly kept classified documents that obstructed justice when the government tried to get them back. But that specific word target is actually a technical term that the DOJ defines as a person to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime. And while notifying someone that they are a target is not

required, DOJ policy encourages it in appropriate cases so that people who are likely to be indicted have a chance to testify before the grand jury in their probe. So when this happens, it is often, but not always, a strong indication that they will be charged. Or in other words, this is by far the clearest sign yet that Trump is going to face federal charges, which yes, would add to his string of first making him the first president to ever be federally prosecuted. Now with all that, as far as how Trump has responded to all this, as of recording, he's only commented on the situation before it was widely picked up by mainstream media, where it was actually far right sources and allies of the former president that first reported Trump's legal team had been notified

he was a target likely to be indicted. And when the New York Times directly contacted Trump to ask if he had been told he would be indicted, he responded that it was, quote, not true. But when the Times specifically asked if he had been told he was a target, they said Trump did not actually respond directly. Instead, just telling reporters they have to understand he isn't in direct contact with prosecutors. With him also repeating the claim that he was not told he will be indicted in a post on Truth Social. But again, specific words, specific situations. Being told you are a target is not the same as being told you will definitely be indicted. But also, of course, it's Trump, so we have to take everything he says with a grain of salt.

The timing of the situation is also key, with it coming as it's been widely reported this week that the document probe is winding down and charging decisions will be announced soon. While there's been mixed reporting on when Trump's legal team was notified that he was a target, the news comes a few days after his lawyers went to the DOJ for a meeting with the lead prosecutor's special counsel, Jack Smith. The sources describing that meeting as a last-ditch effort to fight off charges against Trump. And notably, since that meeting, Trump's been going absolutely batshit crazy about the investigation on social media,

which seems to be a good indication that he knows something's about to go down. And very notably, numerous high-profile witnesses, including former top Trump aides, have also testified before grand juries in D.C. and Florida recently, with NPR explaining that the apparent pacing of witness testimony could signal

that special counsel Jack Smith's probe is nearing a conclusion. And actually, on the note of the grand jury in Florida, literally no one knew that existed until a few days ago, with numerous outlets reporting on its existence for the first time only on Tuesday. And that being confirmed by a former Trump aide who said he testified before the Florida jury yesterday. Though notably, it remains a mystery why prosecutors set up a second jury in Florida when the one in D.C. has been at the center of the investigation from the get-go, with legal experts speculating that the move means that the DOJ is considering bringing some or all of whatever

charges they end up leveling against Trump in Florida rather than D.C. That appeared to be backed up by sources who talked to the Washington Post with the outlet reporting yesterday that the prosecutors are planning to bring a significant portion of any charges stemming from the possible mishandling of the classified documents at Mar-a-Lago. With the supposed reason for this move being that the bulk of the conduct at issue in the investigation occurred in the Southern District of Florida. With the report noting that the sources also say this approach does not rule out the possibility of some charges such as perjury or false statements being filed in Washington. And that's because normally it's legally required to bring charges where they took place. But this case is very complicated. Taking documents from the White House and D.C. could be charged in the Capitol, but keeping them in Guadalajara after the government demanded they be returned might be something more appropriate to charge them with in

Florida. And all this really matters because where prosecutors ultimately decide to bring charges creates some very high stakes. Right, charging Trump in Florida would mean he'd have both a jury pool and judges that are more favorable to him than in D.C. What's more, if charges are brought in D.C., his team will likely fight to move them to Florida on the grounds that it's the more appropriate venue. And again, the timing of all this is very important for another reason, the timeline for the 2024 election, where right now Trump is the front runner for the Republicans. Which on that note, me being the nosy little bitch that I am, I just, I wish I could take a peek into the heads of all the other Republicans who are running for president. Like they all have said what they have said publicly,

but how much do they kind of secretly wish that something happens with Trump? Because with how the polling is right now, DeSantis is the closest thing to another top front runner. And none of them really having a meaningful shot to strip away any of Trump's diehard voters unless he's no longer an option. And that brings us to the end of today's dive into the news. Thank you for being a part of it, and do not worry, because my name's Philip DeFranco, you've just been filled in, I love your faces, and I'll see you Sunday.