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tv   Smerconish  CNN  July 15, 2023 6:00am-7:00am PDT

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so when will trump be tried.
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we are in uncharted waters. the first time a former president faces indictment, two of them, actually, with the real possibility of more on the horizon. but the presidential campaign is well underway with the first debate occurring 38 days from now and from that moment, until election day, november 5, 2024, the calendar is littered wit h mileston, bates, primaries, conventions, raising unique questions as to whether donald trump can be tried without conflicting with the election schedule. and the is no. trial in the state case t march 25, 2024 in manhattan. t, trial in theedal action brought by special counsel jack smith was originally scheduled for next month b in reality, has yet to be determined. smith requested the end of the
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year, december 11th. but lawyers for trump asked postponement until all motions have been presented, they said this. the court now presides over a prosecution advanced by the administration of a sitting president against his chief political rival, himself a leading candidate for the presidency of the united states. therefore, a measured considn antimeline that allows for careful and complete review of the preshat led to this indictment and the unprecedented legal issues presented in, best serves the interest of the defendants and the public. the new york times cerage by set of the requequote, if granted, it could have the effect of pushing mr. trump's trial into the final stages of the presidential campaign in which he is now a republican front runner or even past the 2024 election. jack smith's office pushed back against the filing writing, there's no basis in law or fact receiving at such an open ended fashion and the defendant provided men. no doubt trump wants to run out the clock, try to win the
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election and pardon himself but he's not wrong in saying his case raises unique questions that need to be litigated pretrial. including the approval of the search warrant for mar-a-lago, the piercing of the attorney- client privilege and the impact of the presidential records act. many will say, treat him like anybody else, but there's a long tradition at the doj of not wanting to act in a way that might be perceiveas political. in the past two decades, for attorneys general, from both partepubcan michael, democrats, air colder in 2012 lotta lynch in 2016 and merrick garland, just last year, wrote a very similar election-year memos about the importance of keeping politi out of investigations and all four hsame language, including this paragraph, quote, mply put, politics must played no role in decisions of the federal investigators or prosecutors regarding any investigations or criminal charges, law enforcement officers and prosecutors may select the timing of
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igive steps or criminal charges for the purpose of affecting any election or for the purpose of giving an advantage or disadvantage to any candidate or political party. such a purpose is inconsistent with the departments mission and with the principles of federal prosecution. the u.s. attorneys manual has similar language and in 2020, ag barr went a step further saying no investigation may be open, a campaign or a staffer, without first clearing it with the ag and relevant u.s. attorneys. there's no specific doj guidance that applies to the trial, when a candidate is facing charges whilst appearing on the ballot and trial dates are set by judges. still, you can see how sensitive a matter investigations is, not to mention the court of public opinion. when might he be tried. august 23rd, first republican
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debate. not that he's likely to participate, first ballots are scheduled to be cast in the gop iowa caucus, january 15, six months from now. there will be primaries every month through june and then the gop convention in milwaukee, that's july 15 through 18, democratic convention, chicago, august 19 through 22nd, then comes the horse race to the election day which concludes on november 5. and i say, concludes because early voting starts way before that. in seven states as much as 45 days . 45 days before november 5, that september 21. of course if trump somehow fails to win the nomination, he'll have plenty of time on his schedule after the july convention in milwaukee but right now, he's got a commanding lead in all the gop polls, a lead which grew after his second indictment.
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and all this grows even more fraught if fulton county da willis indict trump next month as some speculate or if jack smith and i him again. in a friday filing the trump lawyers moved to dismiss the georgia case on many grounds including the leading the investigation proceeded which led to a violation of his fundamental constitutional rights while he seeks his party's nomination for the presidency of the united states. here's a possibility. a former american president might soon be facing indictment in four different cases, to state, to federal, in the midst of his bid to reclaim the white house. if recent history is precedent, that status might move them closer to winning his party's nomination. but it will not that any juryetmines his fate before the american people do. i want to know what you think. answer this week's poll question, will donald trump face any trial before election day 2024. joining me to discuss senior analyst ellie koenig, he's a
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federal prosecutor. is there any such thing as too close to the election when it comes to setting an actual trial date? >> there is, there's actually a long-standing tradition not necessarily in writing but tradition inside the justice department called the 60 day rule and the idea is you don't bring charges or take some sort of investigative step within 60 days of an election and to show you how fluid that is, some people understand that is a 90 day role so it's urban legend or long-standing informal practice within the doj but the reasons for that are exactly as you just read. doj could never do anything that is intended to or appears to be intended to influence an election. they are in a difficult spot now because unavoidably donald trump is very likely to be a part of the election. >> and it's like a law school
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exam, what is an election because six months from now is the first election, and then there's a steady drumbeat of other elections all the way up until november. the point i was trying to make and obviously you get it is if you look at the calendar between now and november 24, there's no time when you can try him that's not going to be fraught with political considerations. >> i agree with you. i think that's part of the complication. donald trump makes all the law school hypotheticals come to life but if you play the through, when are you going to try him? if he has to stand trial, that will take minimum a month on any of these cases. he has to physically be in the courtroo m for the trial, this
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is not a civil case where you can skip out as he did in the e. jean carroll case but there's going to be every month from now until november, either primaries, debates, conventions or actual ballots being cast, and that's why doj is in a bind and by the way, i don't even think about 60 or 90 day rule really applies because the concern is you can't do it too close to an election. donald trump gets tried in let's say february of 2024, people are still going to remember that come november when ballots are being cast. it will absolutely impact the election. >> you know that some are watching this and saying, treat them like anybody else. okay, let's pursue that. if you were anyone else with these facts, and the voluminous document discovery that has just been made, with this case get tried before november 2024? >> no, it wouldn't, and i think that's an important point. if donald trump was just any old person charged with the classified documents case, here's the arguments that his lawyers made. they said we've been given 800,000 plus documents in discovery, we have extensive motions to make, we have a constitutional right to prep for trial. now doj came back with what i think was an unconvincing response it may fisher, we've
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given them over 800,000 documents bu t we told you which are the most important and trump's team will be, thanks for the courtesy but with all due respect, it's up to us to decide which documents we will use in the defense and they have an obligation to go through all 800,000. also if we look at recent classified documents cases in the federal system, donald trump's team site two. one took three years to get to trial, once a year at a have to get to trial. doj cited to others on shorter time frames but none of them remotely close to the six months that would give donald trump between now and december. if this plays out, you would have the most important documents case we've ever had and donald trump would be given the least amount of prep time anyone has ever been given. >> bottom line, it will not be indicative of special treatment much to the contrary, if the
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case were to get to trial before election day. quick answer if you can, how will willis impact that with which you and i are discussing ? >> she seems unlikely to indict. if she does, that could factor into doj's calculation. there's a long-standing policy that if, has been charged elsewhere, it doesn't mean you cannot charge it but it is something you should consider in deciding whether it's necessary to bring a second charge that covers largely the same subject matter. >> and one wonders if that is that in turn putting pressure on jack smith to hustle if he's going to do something, anything relative to january 6th. >> lots of moving parts. and if jack smith charges first,, if he's already been charged federally for something related to january 6th. >> it boggles the mind. >> stay here for a second, catherine, what do we have in terms of social media.
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we are as likely to have a trial as to who left the cocaine in the white house, as to trump facing a trial before the 2024 election, obviously kellyanne think there's not going to be a trial before 2024. and you agree with that? your bottom line in answering my poll question is this isn't going to happen? >> let me throw this also into the mix. let's not forget manhattan, they actually have a trial date, this is the husband case, new york county, they have a trial scheduled and trial dates move but scheduled for late march of 2024. so look, as much as i think it's very fraught for jack smith to try a case before 2020 fourth election, it still could happen, michael. >> you will have to be more definitive when you go to smerconish.com and awe today's poll question because, this is the poll question, will donald trump face any trial before election day 2024. go vote. up ahead, can anything be done abouthe identity crisis among young american men? a recent article was the number
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1 story for several days earlier this week. its author, christine, joins me next along with a frequent guest of mine who she quototes the topic, professor scott galloway. from prom dresses to workouts and new adventures you hope the more you give the less they'll miss. but even if your teen was vaccinated against meningitis in the past they may be missing vaccination for meningitis b. although uncommon, up to 1 in 5 survivors of meningitis will have long term consequences. now as you're thinking about all the vaccines your teen might need
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the most read piece at the washington post website for several days this week was not about the heat, not about the presidents nato trip or the election. it was an article by my next guest, christine emba, called, men are lost. here's a map out of the wilderness. while admitting that yes, men still dominate business and politics and other spheres of american life , she documents what she calls a widespread identity crisis. among her supporting statistics, men receive only about 74 bachelor degrees for every 100 awarded to women. with women becoming increasingly selective, more single young men live with their parents then a romantic partner. meant account for almost 3 of every four depth of despair either from suicide, alcohol abuse or overdose. the person who has owned this issue on most media is professor scott galloway as
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emba puts it before quoting him in the washington post piece on his podcast and in his newsletter, the author entrepreneur and professor at new york university has made a specialty of talking about the crisis of unattached rudderless young man, and helping them aspire to more. joining me now are christine emba, by the way, she wrote the recent book, rethinking sex, a provocation and scott galloway, his most recent book is adrift, america in 100 charts. when we first talked about this month ago you actually thanked me for my willingness to discuss such a you said, controversial subject. now i'm wondering whether christine's coverage of the enormous reaction means that the nation is ready to have this dialogue? >> this is a master class about how powerful journalism is. there's a lot of us out there,
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mothers, young men themselves, who have felt something and have been talking about it and richard reeves really moved the ball forward with this book, but this one article, this tour de force has inspired more dialogue in females and real serious conversation, than anything i've been exposed to over the last year. so christine and her good work speaks for itself. and let me just say, over the last couple of years, the conversation has gone from one that immediately inspires a gag reflex, where people sort of see compassion as a zero-sum game and feel if you are advocating for men, somehow, that's misogynistic or not recognizing the immense obstacles that nonwhites and women still face. to something much more positive, and also, we are beginning to crowd out the
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terrible, quite frankly unpredictable voices that fill this void, that was created because people felt the problem and were talking about it, but no one was addressing it and some terrible voices entered this voice, and christine's work and other work is starting to crowd out some of those thinly veiled misogynistic voices and have a more productive conversation, along with saying i agree with you, it's done a real service. >> what drew you to the subject matter and speak to the enormity of the reaction? >> yeah, first of all, thank you for having me. thank you, scott, for your kind words. i mean i'll speak to the enormity of the reaction first. i have been overwhelmed by how quickly the peace has taken off and how many people, it feels like people were waiting for someone to finally say, so that they could begin to have the conversation they had been worried about for months, for years, as scott was saying, people are worried about their son, their brothers, and in some cases, their husbands.
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i get a good amount of email but i've never gotten this much enough from a single piece before. and, we run our comment section usually for three days. and the comments were shut down early because there were 10,500 comments on this one piece, which, i cannot think of another article that had that sort of response. so it really does feel like people are experiencing this in their lives, they are seeing their male friends and loved ones struggle, look for direction and not know where to find it. and you know what, i'll say, i started thinking about this piece actually you mentioned my book, rethinking sex, that book was sort of an investigation of sexual and relationship culture after me too, trying to figure out whether our changes in norms have worked for us , and i
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talked to a lot of women for that book and also spoke to men, too. and it was from them that i found the most curious response. many of them just seemed totally confused, you know, the sand had shifted beneath them as scott lays out frequently, the economy has shifted in a way that doesn't necessarily favor manual labor, skills where menus to dominate, women are succeeding more in college and elsewhere which to be clear, is a great thing. but, young men didn't know what they were supposed to be doing, or almost what they were for. should i talk to women, maybe i should talk to women anymore because that's seen as toxic somehow so instead they were just retreating. they were staying in their rooms, instead of trying to ask a real person on a date, we are watching , to feel like they were getting their power back. they would begin to look up to these figures like andrew tate for instance, or jordan peterson, and they just didn't
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know what to do. >> scott, a part of this that you have addressed is the lack of sex. these guys are not having the types of relationships that young man of a different era would be having. >> look, we don't like to talk about it, we hear the word sex in our brain fires at different places but think of, i mean the whole shooting match, the whole reason we have an economy, the whole reason we are focused on creating a more prosperous secure nation, is such that we can all recognize what is the key to a rewarding life, and that is a series of deep, meaningful relationships. and anchor to that, and i'm not saying you have to have this to be happy , is a productive,
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loving relationship with a partner. and you can look at the most unstable violent society in the world, and they all have one thing in common. they all have a disproportionate amount of young men who have no economic opportunity and also, have no opportunity for relationships, and if were going to have an honest conversation, we need to have an honest conversation, sex and companionship are huge motivators and guardrails for young men. they put on a shirt, they blowdry their hair, they get their act together, they get a job. so the attributes, the peanut butter and chocolate of behaviors between masculinity and femininity, make for a better world and again, that's not to say people along the middle of the continuum don't deserve the same respect and dignity but most households prosper when there are risk aggressive, rambunctious, more prone to action attributes of masculinity, in concert with more thoughtful and more loving femininity. and when men aren't engaging in relationships with women and women can find men they find quite frankly, sexually attractive, the greatest innovation in history wasn't the computer chip, it wasn't the iphone, it was the middle class. and the thing that gave birth to the middle class was 7 million men returning from war who were given jobs and money
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and low interest loans demonstrated the securit y to be attractive to a lot of women and we have the baby boom and the inspiration and the formation of the greatest entity of good in the history of mankind, the american middle class. sex, companionship are key and one in three men under the age of 30 of the united states has not had sex in the last year. quite frankly, that, as an adult is when they become bad citizens. it's no one's obligations to service them but we need more economically and more emotionally viable men so that we can have more household formation. >> christine you wrote a book on this a year ago. is he right? >> i do think there's something to that. you know what, i think one of the pushback that i've heard to this piece into this conception of you know men being lost and needing more care. is the idea that there isn't anything specific about men
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that we should all just be good people. that there isn't a particular sort of set of masculine attributes or something called manhunt that men specifically should aspire to, and so they say, well, why are we focusing on them, we should focus on everyone. and i think, it's a nice thing to think and i do believe that everyone is equal. but we have to think about you know, what we see in real life, realistically. there are attributes to be embodied as a man, that are different than those that you see being embodied as a female and actually being a good person means paying attention to those attributes, cultivating them where they are necessary and figuring out how to channel them into prosocial roles. and we can be clear and say there are many models for how to be a good man, there's not one kind of good man, you know,
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but to actually aspire to be a good man is a good thing. and i think one of the places where you know sort of the progressive movement has sort of lost footing here, is by constantly saying that masculinity is toxic. by constantly talking down to men and sort of suggesting that men are trash, which is not aspirational, it makes them feel resentful and eventually drives them to seek role models who you know, sympathize with them, and give them a path forward. it might not be a good path in the case of someone like andrew tate, but when it comes to looking for a model, if the choice is between nothing being offered or you are a bad person being offered and hey, you are great, men are great, they are definitely going to choose the latter. and we are seeing this in
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polling, especially in gen z and we can see how this is going to become a political problem. right now, fewer than 50% of gen z men say that feminism has been a good thing for america. so we are already seeing this resentment coming from lack of relationships, lack of support, lack of positive role models. and it is really going to go down the line. >> thank you for writing the piece, scott, take 30 seconds and talk about solutions. give me a note on which to eat. >> redshirt, young man, start them at six, prefrontal cortex, butchers 12 to 24 months later, more vocational, more freshman seats so that we can have more nonwhites, more women but also in terms of the great opportunity our universities offer, more spaces so people can meet, national service a
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people can meet other people from different economic backgrounds, different sexual orientations and also different romantic partners, also, also, men like you and me michael, getting involved in young men's lives, the single point of failure we can reverse engineer all of this to is when a young man no longer has a male role model. so in some is if we want better men, we need to be better men. get more involved in their lives. >> thank you both, that was excellent. i need to go home and watch the tape because you offered so much that i don't want to miss a thing. thank you christine, scott, good to see you both. social media reaction catherine quigley, what do we have for the world of twitter? why don't men spend their precious time they have runners working to make the world a better place for all rather than obsessing about their delicate manhood and their masculinity. your kicking sand in the face of some of the deep-seated issue that the men they were describing are dealing with.
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i get the impression you are not taking seriously the feeling of being addressed or how they feel they've been left behind and by the way there's another conversation to be had on a diffe d about the litical implications of what we just discussed and who exactly is filling this void but i don't think this is an issue limited to just anyone sector of man among us. to be continued, as i like to say. make sure you are going to smerconish.com and voting on this week's poll question. by the way there's a poll question every day, register for the newsletter. will donald trump face any trial before election day 2024? still to come, everybody thinks america's homeless population is out of control but with too few beds to house them all, nobody seems to know how to solve the problem. i will step forward with a proposal in a moment and 3500 miles from san francisco is an area of honduras, where public displays of support for the american bay city are commonplace. but might that affinity be tied to drugs, and not sport franchises?
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last week i discussed the contentious decision from the court of appeals which limited a city's response to homelessness, where there is not an available bed for those lacking shelter. this is one of the most important and fraught issues of our time. roughly 600,000 americans are homeless on any given night, perhaps 200,000 of them are in california but just about every big city in the united states has a significant homeless population. while every story is different, there are common denominators. many homeless are mentally ill,
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many are drug addicted, some are both, some are neither mentally ill nor drug abusers but simply cannot afford a place to live because they have no job or because the cost of housing is so high that even with a job, they can't afford shoulder. the ninth circuit requirement that there be a bed before cities can remove homeless from public spaces, presents a practical issue. twin cities have announced they will shelter all the homeless, they become a magnet for more homeless, that's portland's experience. perhaps, as a result, cities won't allow the public policy of housing every homeless person. cities are state s, they are forced to accept the unacceptable. it's clear that homelessness will never solve itself. here's a proposal. one that requires national well and investment. every major city should offer shelter to those who live on the street. not a big home, not a manhattan hotel but a sick shelter be it a tiny house, converted apartment, dormitory style living or converted correctional facility or otherwise. but it comes with conditions.
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the formerly homeless person must accept drug counseling if they are addicted, they must accept mental health services if they are ill and they must work or look for a job if they are able-bodied. and if they don't do these things and they returned to the street, despite the availability of shelter, they can and should be arrested for they will no longer be homeless. no one should be allowed to live in the public spaces of our cities. yes, it'll be expensive but still probably cheaper to provide supportive housing and treatment then to permit homelessness and all that goes with it from medical emergencies to long hospitalizations, violent crime to link the incarcerations, and the decline of our downtowns. of just a few cities sign on, that each will bear a huge burden and other cities will be relative free riders. this will only work with all of our big cities and their states, agreed to join a compact, ultimately it might be cheaper and certainly, more humane, to solve this problem
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now and together. so who will be first? i want to remind you the answer to answer today's poll question, will donald trump face any trial before election day 2024? and up next, a recent investigation by the san francisco chronicle reveals why at least this one american sanctuary city is proving attractive to foreign drug dealers. here's what mayor london breed said answering a question about the city spike in overdoses. >> unfortunately a lot of people who come from a particular country, come from honduras, and a lot of the people who are dealing drugs happened to be of that ethnicity. >> recently, my words were very hurtful but you still sell investments that generate high commissions for you, ririg? (fisher investments) no, we don't sell comommission products. we're a fiduciary, obligated to act in our client's best interest.
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children sporting steph curry jerseys, cars with bumper stickers promoting the giants and even lavish gates on mansions emblazoned with the 49s go but the relationship between this cluster of villages 3500 southeast of the bay city, far more unfamiliar. according to a report this week ote, the valley is also the hometown of high concentration of people who fling the country, migrate to san francisco where they ultimately sell drugs according to an 18 month investigation by the chronicle. in disco, since 2022, more than 200 honduran migrants have been charged with dealing drugs roughly the same time period in which overdoses fueled by fentanyl claim more than 2200 lives. 346 this year as at the end of may. that does not include the honduran dealers who were previously convicted o r, while
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some current and former dealers, said they struggled to eke out a living, others who sell drugs successfully, told the chronicle they can make as much as $350,000 a year or even more if they help run a local operation. at least some of the money is then sent back to the valleys villages where it's fueling a real estate boom. e sophisticated and wealthy honduras has taken advantage of san francisco's sanctuary city status but filing local law enforcement and contributing to the scourge of a city in decline. what to do about the honduran colette connection, that the key issue is a major election now looms in 2024. joining me is the chronicles me lead writer, meghan cassidy, macon, we show that photograph of the honduran gate, the 49er gate. how prevalent is san francisco, what i say, insignia, or icon
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august the, and why? >> it's very prevalent in this area, particularly in one village we went to. when my partner gabrielle and i were there, it really became kind of an eye spy game, oh, there's a warriors t-shirt. there's a 49ers gate, every once in a while, a few other logos from the denver broncos or the university of utah but san francisco was by far, the most prevalent. >> so is it an egg knowledge of sorts, that they are involved. it seems rather braggadocio's pay >> we know this because we spoke to some of the people who helped build these houses and who on them. there is one that actually has the word civic center as well.
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civic center is an area where a lot of the open air drug dealing takes place. >> earlier in the program, i ran a clip of mayor breed, initially talking about, openly talking about the honduran connection and kind of taking her words back. what did you make of that? it seems to me that she was right the first time. >> you know, i talked to mayor breed for the story and i talked to some of her critics for the story. and from my understanding, you know, she had a very limited amount of time to speak in that interview, and didn't include all of the context that was needed. it's been acknowledged in this city for a few years now that a large concentration of people who deal drugs here are from honduras. but it really has never been deeply explored before. and i think you know, her saying that was kind of an
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impetus for us to really try to explore this issue as well. >> it's a two-part writing, and it's complicated and there's a lot going on but certainly, one of the takeaways is that they are exploiting, the hondurans are exploiting the sanctuary city status of san francisco. so often the united states gets cast as the imperialist, the colonialists who are taking advantage. in this case it's like a reversal, at least that's what i took away. what do you make of my reaction? >> that honestly was not my take away. i saw this as so many issues combined and kind of just creating this perfect storm, you know, when i talked to most of the dealers, now i only talked to 25 of them, most of the people to say, oh, i came here because my cousin is here or i came here because my sister was here. and a lot of the dealers are
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pretty young, and so, the infrastructure is just there. what we heard from some of the older dealers, some of the veterans, who had had the time to think about this big picture, that is what they said. yeah, in san francisco, we have these sanctuary policies. we may get picked up by ice in other places and then go to jail for longer than get deported but, we get out of jail . >> right, i mean tell me if i'm wrong but they operate with impunity. they operate with the knowledge that there might be some punishment but it's going to be short-term, and not severe if they are caught dealing in san francisco. >> sure, i mean, that is true of any dealer in san francisco. san francisco is a really progressive city. they've enacted a lot of
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criminal justice reforms, and some of them, like bail reform, people do typically get out of jail while they await trial. and sometimes, people do use that opportunity to commit more crimes. many don't, many also go to diversion programs but we have, i think it's either 6% or 7% of the people that are charged with drug dealing crimes, the rest go to diversion programs or take a plea bargain or, they tried business. >> meghan, well done, gabrielle lori gets a shot out, too. i hope there will be more, and i encourage people to read it so thank you. >> thank you.
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social media reaction, quickly, what do we have on this story? without a buyer, this all comes to a screeching halt. yeah, i get it, but unfortunately there are a lot of buyers out there, push rewind and watch what i had to say about the homeless issue in the last segment, no doubt, they deserve treatment but like to look at the images of the steph curry jerseys and the giant bumper stickers and san francisco, it's not that they just left the san francisco 49ers, that this is their avy train and they are brazen about it. so still to come, rest and worst social media comments and we will give you the final result of the poll question. go to smerconish.com . is
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all right, there's the result of this week's poll question. interesting. decisive. will donald trump face any trial before election day 2024? let's call it two-thirds say yes, more than 28,000 at least as of now who have already voted. i'm in the minority. it might be manhattan. let's see some social media reaction. what do we have, katherine? real quick. why shouldn't all defendants be treated the same? okay, eric swenson, here is the thing, you heard this, many people say, election be damned, treat them like anybody else, well, if it were anybody else, according to ellie, given the complexity of the federal action, that case wouldn't get to trial until beyond november of 2024. so if you hold trump accountable in a court of law before that time period, you're probably treating him differently in a worse way.
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that wouldn't be right, either. bottom line is this, maybe the manhattan case gets to trial, the federal case will not, or cases, we'll see, and that's probably the right answer. see you next week. so does s this pro. i just love a grand slam... ham. and if we proffer it, we know you'll proffer it too. i knew he'd love that sandwich. [♪] how you feel can be affected by the bacteria in your gut and how well you digest the food you eat. try new align probiotic bloating relief plus food digestion.
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good saturday morning to you. it's july 15th. i'm victor