The Philip DeFranco Show - PDS 8.3 MELTDOWN! Pokimane, Ethan Klein, xQc, Andrew Cuomo, Frontier Airlines, & Today's News

Episode Date: August 3, 2021

ONLY 6 DAYS LEFT TO GRAB THE AUGUST DROP!: http://BeautifulBastard.com Go to https://buyraycon.com/defranco for 15% off your order! Brought to you by Raycon!  TEXT ME! [phone] Get More Phil: https://linktr.ee/PhilipDeFranco -- WATCH Newest Podcast: https://youtu.be/1Hy6BKjjAQQ  WATCH Full “A Convo With” Podcasts: https://www.youtube.com/ACW   LISTEN On The Podcast Platform Of Your Choice: http://LinksHole.com  WATCH the ACW Clips channel!: https://youtube.com/ACWClips  -- 00:00 - New Shop DeFranco Drop! 00:44 - Airline Crew Duct Tapes Unruly Passenger to Seat  02:49 - Ethan Klein and Pokimane Raise Concerns About xQc’s Lawyer in DMCA Case 06:58 - Sponsor 07:56 - #StopTheShock Explained  11:06 - N.Y. Gov Faces Calls To Resign Following Investigation  16:19 - Belarusian Olympic Athlete Granted Asylum, Body of Anti-Government Activist Found -- ✩ TODAY’S STORIES ✩  Frontier Airlines Passenger Duct Taped to Seat: https://thehill.com/homenews/state-watch/566136-video-shows-frontier-airline-passenger-duct-taped-to-seat-after  Ethan Klien, Pokimane Warn xQc About Lawyer for IOC Counterclaim: https://www.talkesport.com/entertainment/xqc-faces-criticism-from-pokimane-h3h3/  #StopTheShock Campaign Gains Traction on Twitter: https://www.masslive.com/news/2021/07/this-is-not-the-end-advocates-reflect-on-fdas-ban-on-the-use-of-electric-shock-devices-used-at-judge-rotenberg-center-being-overturned.html  Action Items: https://twitter.com/JillianWeise/status/1420275501449498624 N.Y. Gov Faced Calls To Resign Following Probe: https://www.nytimes.com/live/2021/08/03/nyregion/andrew-cuomo  Belarusian Olympic Athlete Granted Asylum in Poland: https://apnews.com/article/2020-tokyo-olympics-krystsina-tsimanouskaya-belarus-asylum-8467db47e3dc84a0719e76a0eb0481a2 Body of Missing Belarusian Anti-Government Activist Found In Ukraine: https://www.bbc.com/news/world-europe-58079461  ——————————     Edited by: James Girardier, Julie Goldberg, Maxx Enright Produced by: Amanda Morones Art Director: Brian Borst  Writing/Research: Philip DeFranco, Lili Stenn, Maddie Crichton, Cory Ray, Neena Pesqueda, Brian Espinoza Production Team: Zack Taylor ———————————— #DeFranco #h3podcast #Pokimane Learn more about your ad choices. Visit megaphone.fm/adchoices

Let's go. You guys suck! My parents are a part of the two million gallon. Tell me you're a worthless, pathetic schmuck without saying you're a worthless, pathetic schmuck. Oh my God, there's so much to break down here, but you know I gotta do it first.

Sup, you beautiful bastards. Welcome back to the Philip DeFranco Show. Also, a quick friendly reminder before we jump into it. You now have only six days left. If you want to snag something from our amazing August drop that just went live, boom, this, that, ka-chow, because I'm also Lightning McQueen apparently. So yeah, grab what you're wanting, craving, needing

while you can. Also, thank you for making this another record setting drop. But that said, welcome to the video. Hit that like button if you want me to punch you in the throat and let's just jump into it. All right, so at the beginning of today's show, you got the honor of meeting Max Berry, who by the way is our douchebag of the day.

It's not just because he was yelling at a plane of people saying, you suck, my mommy and daddy are worth more than $2 million. Rather because Berry allegedly groped the chest of two female flight attendants and then punched a male flight attendant in the face. Yeah, going back to the video

because there's more to break down here. Portally before the filming, he had had at least two drinks on the flight. Also the alleged groping happening before this video was filmed. And then in addition to talking about his mommy and daddy, he starts talking about his grandpa. You even hear people like audibly laughing at him.

Yeah, yeah, yeah, you what? What, grandpa? You then see Max escalate the situation. Hey, hey, hey, hey! No! Max is essentially fucking around and finding out he is not the man that he thinks that he is. He's easily dealt with and then the Frontier crew

duct tape him to his seat. And while you and seemingly a good number of people on that plane were brought joy to see him wrapped up like that, it brings us to the other aspect of this story. Yes, Maxwell Berry was arrested after they landed in Miami. Frontier suspended the crew for duct taping him to the seat. My response to that is if this is anything other than like a poorly worded way to explain the situation,

like this is not a paid vacation for them, fuck you Frontier. And like, how dare you not have the back of your employees especially in this past year. Flight attendants have had to deal with unprecedented harassment from customers this year. It's like nightmare story after nightmare story and you throw them under the bus like this.

But that said, as far as what happens next from here we're gonna have to wait and see both for the crew and Max Berry. Yeah, main thing, fuck you entitled boy. Granted, your mommy and daddy's $2 million will probably help limit the punishment that you deserve here. But at the very least, what I can do here is highlight

that Maxwell Berry is not only a douchebag, but he is our douchebag of the day. And like with every story on the Philip DeFranco show, I welcome you to let me know your thoughts in those comments down below regarding Max, Frontier, and anything else involved. And then next up, let's definitely talk about this big DMCA strike copyright situation with kind of a

a nice little sprinkling of drama on top. Although that drama does provide very interesting insight into something else that we previously covered on this show years back. I see you have this very popular Twitch streamer by the name of XQC, who's become a massive topic of conversation ever since he was temporarily banned from the platform about a week ago.

And reportedly he was banned for showing copyrighted snippets of the Tokyo Olympics on a live stream. And rather than just sitting by and taking that, he is reportedly contesting the DMCA strike that he received from the International Olympics Committee by filing a counterclaim to have it dismissed, which notably could potentially lead to a lawsuit from the IOC.

That is something that you often don't see, right? We even saw XQC's lawyer, Ryan Morrison, AKA video game attorney confirming that clients are usually advised against countering because even if you're in the right, the legal process, it could be risky and very expensive. But here saying that they're confident that the content in question was fair use

and that they hope that the IOC will quote, "'Make the right decision and let this die.'" So with this, we've seen a lot of people talking online, including one of the most notable voices on this topic, YouTuber Ethan Klein. He is, you might remember, one of landmark fair use case against Matt Hawes back in 2017. But I had no idea it got this bad.

In a recent live stream, he said that Morrison was the first attorney to represent H3H3 in their suit, which I knew, but then adding, He is a horrible attorney that royally screwed us. And the fact that he's handling this makes me very, very nervous. Ryan is out there saying, this is fair use, we're fighting it. And not, I'm not a fucking media attorney, and I'm not equipped to deal with this. Like I've held my tongue on this guy for so long, but now it's come to this point where I see him in a position to cause even more damage.

And I really think that this is a dangerous place for everyone to be when he's being represented by this guy who really doesn't know what he's doing. Ethan also explaining that once they replaced Morrison with a different team, the new attorneys were shocked at how poorly their case was handled and saying they even considered launching a malpractice case against him.

But Ethan also isn't the only one raising concerns about Morrison. We've also seen the very popular and fellow Twitch streamer, Pokimane, giving her two cents raising concerns about Morrison. This more focused on Morrison being the co-founder and CEO of Evolve Talent Agency, which represents XQC and others.

I believe that he is both. He acts as a lawyer and as an agent to streamers and content creators. And I feel like that is not a good position to be. I feel like it is even potentially a conflict of interest in some cases. Your lawyer should always be someone who's trying to like get as strict and as beneficial of a contract as possible. Whereas if you're also someone's agent, you just want the deal to go through because you get commission off of that. Again, my personal opinion, just my opinion. I don't think a person should be acting both as a

lawyer and an agent. I think if you're a really good f***ing agent, you're just an agent. And if you're a really good f***ing lawyer, you're just a agent. And if you're a really good f***ing lawyer, you're just a lawyer. Right with this, as far as what XQC had to say regarding Pokimane and Ethan, actually right before today's show, he was streaming regarding Pokimane's concerns. After watching the clip of her, he responded. She seems very knowledgeable about this stuff. And to me, it feels like with what she's saying, that she passed the bar and she has a law degree. This individual statement, I'm probably just going to fire my lawyer. I'm hiring Poki instead. She just knows better. Regarding Ethan's comments about Ryan Morrison, he said, Things have changed because the movie, guys, it's not one guy. It's a whole

entity. It's multiple entities. Okay, why am I even talking to you guys about this? Why do I have to disprove random third parties? Also, as far as a comment from Ryan Morrison, we reached out this morning, have not heard from him yet. Yeah, that's ultimately where we are with this. And we're gonna have to keep our eyes on it. And kind of on two fronts. One, specifically regarding Ryan Morrison, because there appears to be a lot of chatter

and accusations there. As well as just the IOC and XQC. My gut tells me the last people I wanna get in a legal battle with is the IOC or like the NFL. Yeah, this will either fizzle out or blow up in someone's face, I don't know who. But that said, I would really love to know your thoughts on the whole story in general,

as well as anything with Pokimane, Ethan, XQC, and the reactions thus far. It's gonna be an interesting one to watch. But from that, I wanna take a quick second to thank the fantastic sponsor of today's show, Raycon. Co-founded by audio engineers and some of the music industry's elite, Raycon is disrupting the electronics industry

by designing premium wireless audio for half the price without compromise while prioritizing their customer experience from start to finish. Raycon wireless earbuds are the best way to bring your favorite content with you wherever you go. I use mine all the time, whether I'm listening to podcasts or I'm on a Zoom call or, you know, just playlists

for going on hikes, working out, riding my bike at the beach. Speaking of which, every time I do this, I always ask for new music and I have not been disappointed. So let me know some thoughts down below. Yeah, these Raycons, not only do they look amazing, they're comfortable, they sound great, and most importantly, they have a minimalist design,

32-hour battery life, seamless Bluetooth pairing, more bass, and they're extremely compact, making for a comfortable and always isolating fit. Right now, Raycon is offering 15% off just for you So all you gotta do is click that link in the description down below or go to buyraycon.com slash Franco to get 15% off your order today and don't forget they have a 45 day free return policy So what are you waiting for? And then let's talk about one of the most requested stories from this past week and maybe you've seen the hashtag

Stop the shot. So let's talk about the campaign what's behind it. What's happening? So this story centers around the campaign, what's behind it, what's happening. So this story centers around the Judge Rottenberg Educational Center, which is a Massachusetts based school that houses both adult and child students with severe intellectual disabilities or behavioral, emotional, and psychiatric issues.

You know, this institution has been highly controversial among people with disabilities for the better part of the last half a century. But the most recent reason that has been in the news is for the use of electric shock devices to modify students' behaviors. And with this, the center has said that the students' parents requested and consented

to the devices, which are strapped to their legs or arms and remote controlled by staff, and that they are only used for extreme behaviors like headbanging, self-biting, or violently attacking others. And notably, some parents have been very vocal about their support for the use of these tools, which are exclusively used at this center, claiming that they are the best and last method

to address these behaviors. But also previous students have complained of burns, accidental shocks, and other abuses, with critics also having long said that these devices are inhumane and dehumanizing, with the UN going as far to describe them as torture. With many having also argued that the center has been administering

the shocks excessively. For those people often pointing to an instance in 2002 when you had a student that was restrained and shocked more than 30 times for seven hours after he didn't take off his jacket when he was told to. Also reportedly five years later, there was another student who was shocked 77 times in just one night after a prank caller

instructed staff to do so. Others say that the devices are ineffective, that they can cause lasting damage, including the FDA, which took the incredibly rare step of banning the school from using them last March after a lengthy review found that they can cause lasting damage, including the FDA, which took the incredibly rare step of banning the school from using them last March after a lengthy review found that they can cause long-term trauma and an unreasonable and substantial risk of illness or injury. The FDA specifically noting that evidence

of the device's effectiveness was weak and that there was no evidence of long-term behavioral changes in residents. And adding that any of the possible benefits here are outweighed by the risks of depression, anxiety, PTSD, pain, burns, and tissue damage. But it brings us to why we're talking about this now.

The center petitioned the federal court to overrule the ban. And in fact, last month the court decided in their favor, ruling that the FDA cannot legally ban the use of electric shock because federal law prevents the agency from intervening in the state regulated practice of medicine. And so with all of this, that's why we've seen a lot of people on Twitter bring back the hashtag, stop the shock,

which was earlier used by grassroots campaigns led by autism advocacy groups before the FDA banned the devices. All right, with many using it now trying to raise awareness on this issue, others outlining action items, like this widely shared post that informs people how to file a complaint with the DOJ. And so far, it seems like this campaign might be getting heard.

I say that in part because the house appropriations bill that passed just last week included a provision that would end federal funding for institutions that use the shock devices. A move that directly targets the Judge Rottenberg Center because they are the only place that still uses it. But hurdle, speed bump, whatever you want to call it, that bill still has to be approved by the Senate.

And given how much money the center has spent on lobbying Congress, you never know when someone's gonna come out of the woodworks and oppose this bill. So for now, we're gonna have to wait and see what happens here. But if this story stands out to you, you want to when someone's gonna come out of the woodworks and oppose this bill. So for now, we're gonna have to wait and see what happens here. But if this story stands out to you, you wanna get involved, of course, yes, you can use the hashtag on social media to spread the word,

share this video, share better resources. Hell, I know most of you are mainly taxing, you barely call your friends, but you can also call your senators and ask them to ensure the appropriations bill has the funding cut provision. And I'll also link to some action items down below. But with this, I do wanna pass a question off to you.

What are your thoughts on all of this? And then let's definitely talk about Andrew Cuomo because after a nearly five month probe, this morning we had the New York State Attorney General announce. The independent investigation has concluded that Governor Andrew Cuomo sexually harassed multiple women and in doing so violated federal and state law.

Specifically, the investigation found that Governor Andrew Cuomo sexually harassed current and former New York state employees by engaging in unwelcome and non-consensual touching and making numerous offensive comments of a suggestive and sexual nature that created a hostile work environment. Right, and as we talked about a while back, Letitia James launched that investigation into Cuomo after numerous women came forward to accuse him of unwanted touching and kissing and solicited advances,

as well as fostering a hostile work environment. At that time, Cuomo denying the allegations, urging the public and his colleagues to wait until the investigation was complete. But now you do have the investigator saying that after interviewing 179 witnesses, collecting tens of thousands of documents, emails, texts, and photos, they were able to corroborate the claims

of 11 women, including nine current or former state employees and two previously unreported allegations of unwanted touching. And very notably, the investigation also found that on at least one occasion, Cuomo and his senior staff retaliated against a former employee who made her allegations public.

And so with all of that, I mean, you should very much expect a messy shit show. As you might remember, people, including a number of Democrats were urging that he resign, with Cuomo urging those wanting that to wait until the results of the investigation were concluded. And kind of along that line, we even saw back in March, President Biden saying that yes, Cuomo should step down and even be prosecuted

if the investigation corroborated the women's claims. And now following this morning, we've seen a wave of people calling for Cuomo to resign. Senate Majority Leader Chuck Schumer and Senator Kirsten Gillibrand issuing a joint statement this morning calling for Cuomo to resign. New York City Mayor Bill de Blasio saying,

"'It is beyond clear that Andrew Cuomo "'is not fit to hold office "'and can no longer serve as governor. "'He must resign. And if he continues to resist and attack the investigators who did their jobs, he should be impeached immediately. Right. And this added pressure now coming because not only was this announcement made, but Cuomo has responded. Now it's saying this morning that he will not resign and saying that his attorney, who is a non. What's better than a well-marbled ribeye sizzling on the barbecue? A well-marbled ribeye sizzling on the barbecue that was carefully selected by an Instacart shopper and delivered to your door. A well-marbled ribeye you ordered without even leaving the kiddie pool.

Whatever groceries your summer calls for, Instacart has you covered. Download the Instacart app and enjoy $0 delivery fees on your first three orders. Service fees, exclusions, and terms apply. Instacart, groceries that over-deliver. A political former federal prosecutor has done a response to each allegation, and the facts are much different than what has been portrayed. That document is available on my website. If you are interested, please take the time to read the facts and decide for yourself."

With Cuomo then going on to say, I want you to know directly from me that I never touched anyone inappropriately or made inappropriate sexual advances. Regarding the touching, he brought up the New York Times. The New York Times published a front page picture of me touching a woman's face at a wedding and then kissing her on the cheek. That is not front page news.

I've been making the same gesture in public all my life. I actually learned it from my mother and from my father. It is meant to convey warmth, nothing more. Cuomo then going on to continue speaking while at the same time showing a slideshow of him touching a lot of people. Indeed, there are hundreds, if not thousands of photos of me using the exact same gesture. I do it with everyone. Black and white, young and old, straight and LGBTQ, powerful people,

friends, strangers. Though it did appear that Cuomo addressed and did make at least one concession. And that being the specific allegation from his former aide, Charlotte Bennett, admitting that he did ask her questions I don't normally ask people, including about her dating life

but saying that he was truly and deeply sorry for bringing his personal life into the workplace, but claimed that she ascribed motives that he never had and heard things I just didn't say. But ultimately that is where we are right now. It is still a developing situation. There are a lot of reactions and statements that you should expect to come in the next 24 hours.

I mean, hell, as I was finishing up today's show, we had President Biden saying, "'Yes, I do believe that Cuomo should resign.'" As well as, you know, there's a lot of talk now about articles of impeachment regarding Cuomo. That specifically is gonna be something that we need to keep our eyes on, because even before this report came out,

the New York State Assembly launched an investigation into whether there were grounds to impeach Cuomo, stemming from a number of scandals centering around abuse of power. This, including an addition to the sexual harassment claims, whether he used state funds to promote his book, his administration's alleged efforts to conceal COVID nursing home deaths,

and if he gave people special access to COVID testing. So yeah, like I said, prepare for the messy shit show. And in the meantime, I would really love to know your thoughts regarding this story. Do you believe Cuomo? Yes, no, somewhere in the middle. Do you think that he should resign?

Yes, no, somewhere in the middle. And if he doesn't resign, do you think that he should be impeached? Yes, no, somewhere in the middle. Do you think that he should resign? Yes, no, somewhere in the middle. And if he doesn't resign, do you think that he should be impeached? Yes, no, anything and everything. And the final thing that we're gonna talk about today is we have another international spotlight on the bastion of freedom that is Belarus.

Right, so the first situation, I think more people have heard about this. You have that Belarusian track star who managed to secure asylum in Poland, this after she was nearly forced onto a flight home from the Tokyo Olympics. With her being removed from the competition for allegedly criticizing her coaches.

Although her coaches told state media that she was removed because of her emotional, psychological state. With the country's athletics head coach adding that he could see if there was something wrong with her. She either secluded herself or didn't want to talk, which may or may not have to do with living in totalitarian Belarus, worried about being jailed

or killed. But you know, ultimately what we saw with this is Poland granted her visa request with a foreign ministry official tweeting that she was offered a humanitarian visa and is free to pursue her sporting career in Poland if she so chooses. With the IOC now investigating the situation

around this 24 year old runner and why she was almost forced home and whether or not it'll take action against Belarus. Also, good news, reportedly the runner's husband is already out of Belarus, has entered Ukraine. With the runner also saying to the media, I am afraid that I might be jailed in Belarus. I'm not afraid of being fired or kicked out of the national team.

I'm concerned about my safety. And you know with the regime in power there, it makes sense. I mean hell, for example, the other spotlight that's on Belarus today in the news, you had Vitaly Shishov, right? An activist from Belarus who was living out political exile in Ukraine. He'd been missing for a day, but as of this morning, he was found hanged in a park not far from his home in Kyiv. Authorities there launching an investigation into his death. Right now, it's leaning towards it being a homicide.

And there are a few notable things here. Shishov reportedly told friends recently that he felt like he was being followed on his morning runs. Also, he ran the Belarusian House in Ukraine, an NGO that helped Belarusians fleeing persecution in the country to find jobs, housing, and legal advice after making their way out. Similar groups existing across Poland, Ukraine,

and the Baltic nations, all of which have become political havens for Belarusians trying to escape. And so obviously with a death like this, there are thoughts that he was targeted by Belarusian state agents, especially as the government of Alexander Lukashenko is ramping up the pressure on NGOs within the country, conducting nearly 200 raids in July alone against groups,

journalists, and independent media outlets. Now with this possibly abroad as well. And that theory seems to be prevalent among members of the Belarusian House in Ukraine, with one telling Al Jazeera that this debt was meant as a signal and a message to other exiles to sit low and keep their mouths shut. But ultimately with this story,

or honestly anything else that stood out to you today, I'd love to know your thoughts in those comments down below, because yes, this is a news show, but it is also a conversation. Yeah, as always, thanks for watching, liking, subscribing, all the good stuff. Also remember you only have six days left over at beautifulbastard.com. Grab what you want while you can, but my name's Philip DeFranco. You've just been filled in. I love your faces and I'll see you tomorrow.