and i picked... the... former. - michael. - do you wanna make a comment on the rumors? - [sighs] um... i have done some very bad things, things of which i am not proud. i would like to publicly apologize to... the coach and the players. and i vow to never listen to my bodily instincts ever again. - i'm talking about the sabre printers that catch on fire. - oh. okay. i was talking about... what do--what-- what's going on? ♪ ♪ >> announcer: from new york city, the only city in america, it's the show that invented news. this is "the daily show" with your host, d.l. hughley! [cheers and applause]

♪ ♪ >> d.l.: what's going on, everybody? how are you guys doing? all right! welcome to "the daily show." i'm d.l. hughley. and this is my last night guest hosting. thank you, guys, had a great time, met a lot of great people. happy black history month. [cheers and applause] it goes fast. got to mark them all down, that is it. so you have been married -- stand up. you have been married 54 years. 55. look at. he got it right. [cheers and applause]

now that is a long time, and you said the key to it is what? patients. [laughs] that is the wrong -- she is opposed to say that. you are supposed to say love. you say it is what? madly in love, all right, all right. [cheers and applause] i'm going to have something nice for you guys. but only half of it. because you know. thank you all for coming out. i appreciate that. [cheers and applause] we have a great show for you tonight. so we will get into the headlines. [cheers and applause] ♪ ♪ this is a crazy story from california, where a dad drove his whole family off a cliff in a tesla. so fortunately, they all survived. but when the paramedics arrived, the wife said that he did it on purpose. no i've been married for my 38 years, i love my wife and children very much and i would never drive them off a cliff.

but i have thought about it. i have thought about it. anybody who's been in a car with screaming kids and a cliff available, either you have thought about it or you are longing. [laughs] look at him. "i thought about it." "but i was patient." [laughs] kids will drive you crazy me. "you asked me about the bathroom on one more damn time, we are going over the cliff." even the judge will be like, "will the hero -- i mean, the defendant rise?" what i don't understand is, how a tesla can survive going off a cliff but it can't make it down the street without blowing the [bleep] up! [applause] flux matt but let's move on to the dumpster fire that is fox news. because you got to hear the latest shit they're saying about police shooting black people. >> many on the left know just who to blame and what to blame: white supremacy. here's something that whoopi,

the ladies of "the view" apparently don't know, white people do get beaten by the police. in fact, far more white people are killed every year by cops than any other race. according to an online organization that tracks this data, 374 white americans died during police altercations in 2022. if you average that out, a little more than one per day. i don't know if the ladies of "the view" know any of the names of the people -- the 374 people. so based on both academic studies and actual data, there is no systemic racism in policing. it doesn't exist. now, of course, there are good cops, and i would say that's the vast overwhelming majority and there is a small majority of bad cops. >> d.l.: he said it. small majority of bad cops. now that is a freudian slip for

you. [laughs] obviously, it wasn't surprising that police kill more white people than black people because there is way more of them. that is more white people dying in nascar races than black people. of course. somebody check on bubba wallace, make sure he all right. john is right. the police do need to stop killing white people too. welcome to the struggle, my brother. [laughs] [applause] he is like the white al sharpton. it is great. and finally, here's a story about why you should always keep your eye on your children. >> meet mason stonehouse. the six-year-old with a big appetite. this past saturday before his bedtime... >> i gave him the phone to play. i wasn't paying attention. i was watching my show. >> but mason wasn't playing a game. he was scrolling through the grubhub app. what dad didn't know is that mason was actually placing order

after order. and all those orders were being filled. a parade of food delivery. the total damage, nearly $1,000, helped by mason's generous spirit. >> and then he tipped 25% on every single order. [cheers and applause] >> d.l.: and that is why you drive your family off a cliff! that's why. [laughs] it is true. only a father would leave a kid unattended that long. that would never happen to a mother. he should be glad he didn't open your browser history. i would've given him $1,000 just to keep that quiet. you can have all the food you want, just don't tell your mama. for more, we are joined by dulce sloan. dulce, what do you think about

this whole grubhub history thing? >> i'll tell you one thing: this would never happen with a black family. if a black child spent $1,000 on his father's phone, there wouldn't be any heartwarming news story about it. that $1,000 wroth of food would that $1,000 worth of food would be served at that child's funeral. you'd never hear about that kid ever again, unless it was white women talking about him on a true crime podcast. damn, $1,000 on my phone? he is dead. >> d.l.: why do you think he was so lucky? >> he was lucky, but also he needed to learn not to be so greedy. he was lucky because a was a white child. the thing is, he didn't have to order $1,000 worth of food all at once! no, little man. you are supposed to order a little bit every night, right?

you keep this game going four years! you don't walk into your local grocery store with guns blazing. no, no, you just forget to scan have to shit at self check out. [applause] >> d.l.: but you got to admit, it had a happy ending, grubhub refunded all the money. >> what do you mean? >> d.l.: grubhub gave them all of the money back. refunded it all. >> grubhub gave them $1,000 back! they wouldn't give them $7 back because they forgot my french fries! [applause] do you know how hard i would have to work to get $1,000 back from grubhub? i would have to start a hashtag, trending on black twitter, called d naacp, have to have a t in at grubhub with the ghost of martin luther king. $1,000. wait a minute. i don't got to do all of this.

i just need to have a baby. >> d.l.: why do you need to have a baby? >> one, because i've look like a mother of the reasons i was 15. two -- hey, man, listen, i started high school, i should be. stupid boys respecting me. two, because kids are the ultimate loophole for stealing shit. just pretend the baby did at. you will get it for free. oh, no, did my sweet baby boy crawled across my keyboard and order another chanel bag?" you little scamp! he's wild! >> d.l.: what if the baby snitches on you? >> first of all, my baby going to know better. do i look like i will have a snitching ass baby, are you crazy? two, they are going to believe him, he is a baby. it is his word against mine and he only knows three of them.

"mama's not home." okay? he doesn't know shit. "mommy didn't do it." plus, babies don't have object permanence, okay? how's he gonna snitch on me after i stop existing? >> d.l.: [laughs] [laughter] where's mommy? mommy is not home! who got mommy a chanel bag! >> d.l.: that would work for a little while but obviously, the baby is going to be an adult, then, what do you do? >> that is how you build generational wealth! [applause] >> d.l.: now that, that is a plan. dulls a salon everybody. [cheers and applause] when we come back, we'll talk about how rapping can land you in prison.

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♪ ♪ [cheers and applause] >> d.l.: welcome back to "the daily show." right now in atlanta, the rapper young thug is on trial for gang activities. and it is not without controversy. >> atlanta rappers gunna and young thug responsible for dozens of chart-topping hits. they find themselves at the

center of a controversial debate in court. should rap lyrics be used as evidence in the courtroom? the rapper's lyrics, one piece of evidence prosecutors are using in the indictment. >> ♪ i never killed anybody ♪ ♪ but i got something to do with that body ♪ >> the prosecution citing lyrics like that in the indictment as proof of criminal conspiracy. >> the district attorney believes he is the ringleader of the ysl gang, and his lyrics are fair game. >> i think if you decide to admit your crimes over a beat, i'm going to use it. >> d.l.: that sounds like every mama i ever seen in my life. fyi, young people, when your name is young thug or gunna, you are going to go to jail. he is a mumble rapper but they hurt him clearly on that wiretap come and tell you that. the issue is chemistry prosecutors use rap lyrics in criminal trials? that is what i want to talk about tonight, in our segment "long story short." ♪ ♪

[cheers and applause] since the 1990s, prosecutors have used lyrics as evidence against defendants in more than 500 trials. don't get me wrong, if you rap about something, that is a confession. if you wrapped about something you didn't do, that is artistic confession. here's just a couple examples of how they were used in court. >> rapper mckinley phipps was sentenced to 30 years in prison for manslaughter. prosecutors presented spliced together lyrics from two different songs as evidence at his trial. >> police say antwain steward, a rapper who goes by the name twain gotti, made a big mistake when he recorded the song "ride out." police believe steward brags through his lyrics about how he killed brian deen and christopher horton. listen. >> ♪ everybody saw when i [bleep] choked him ♪ ♪ but nobody saw when i [bleep] smoked him ♪

>> some of the details match. the shooting happened on a porch, no witnesses immediately came forward. but others don't. the time of day is wrong. there wasn't a stabbing, the caliber of the gun is wrong, and there's only one victim mentioned, not two. based largely on that rap and the accounts of two witnesses given years after the shooting, the rapper was arrested and charged with double murder. >> d.l.: okay, they got the gun round, got the stabbing round, got the number of victims wrong. the only thing they got right was the porch. and every black person i know has a porch. by the way, not everything black people say enzymes is not true. like, bob marley didn't actually shoot any sheriff! just wanted you to think he did so you wouldn't [bleep] with him. sir-mix-a-lot, he don't like big butts. more of a boob guy! trust me. i'm a comedian, and i have never

in my life seen a rabbi and a priest walk into a bar. art is an expression. these black musicians are using art to reflect black life in america, and they're being punished for that. but some prosecutors say, "too bad." >> david labahn is a former gang prosecutor. he's now the ceo of the association of prosecuting attorneys. >> i would say, you can't have it both ways. you cannot say that, "i'm rapping about stuff because this is what i live in, and this is what i see every day," and then come into court and say, "everything that i said in that rap is completely untrue." >> d.l.: yeah, you can have it both ways. it's called fiction. [laughs] [applause] they have a whole section in barnes & noble. read a book, bitch! i don't even think the prosecutors think the lyrics are confessions, they just do it because it works. and it works because juries are made of people, and people are kind of racist. as a matter of fact, in a recent study, people were given

identical lyrics and told they were from either country, heavy metal, or rap. and surprise, surprise, people were more likely to think the rap lyrics were written by a criminal. clearly, "rap" is just code is for black person, "country" is code for white person, and "heavy metal" is code for, who the [bleep] knows. i don't know what that is. but there is violence in almost every art form. but the one with young black rappers is the only one that gets treated this way. this isn't even hypothetical. a white woman was on trial for murdering her husband, and she had written an essay called "how to murder your husband." and guess what? the judge wouldn't allow the essay to be read in court because it could prejudice the jury. she's lucky dr. dre didn't write the forward. and i agree with that judge! it does prejudice the jury. the worst part about all of this is that rappers have to listen

to their lyrics get butchered in court by people with no flow at all. >> hey, this is that slime shit, hey, ysl shit, hey, killin' 12 shit. murder gang bitch. ysl until we're dead and pale. i never killed anybody but i got something to do with that body. ready for war like i'm russia. slime ball [bleep] like ya ya ya. why would i lie, i got mob ties. >> d.l.: and y'all thought nick cannon couldn't rap. so look, there are a lot of problems with the justice system in america. but this is an easy fix. long story short, just stop using lyrics in court. [applause] that rhymed, but do not use it against me. i was just kidding around. stay tuned because when we come back, i'll be talking about this

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[cheers and applause] >> d.l.: welcome back to "the daily show." my guest tonight is a rapper who was in prison for 21 years. but he recently put out a new album called "son of the city." please welcome mac phipps! [cheers and applause] ♪ ♪ it must be weird to see the very thing you are convicted of a long time ago being in the headlines again. >> yeah. and this time come up with another rapper. >> d.l.: i know you are glad about that part. it ain't you. >> yeah. >> d.l.: do you remember what the lyrics were that they used to send you to prison? >> yeah, so they used two different songs, a song i had

called "shellshock" and one i had called "murder murder." what they did was they took the chorus part from "murder murder," which i said "murder, murder, kill, kill, it's real on the battlefield." they took "murder murder" and they took a line about "shellshock" about my father, where he said something to the effect, he gave me his name, gave me the game, and if you f with me, he will put a bullet in your brain. they put them together and said, "murder, murder, kill, kill, if you f with me, i will put a bullet in your brain." these as of the word that this young man, they pointed to me in court. >> d.l.: that made me scared to finish this interview. but interestingly enough, because it is -- i'm an artist like you are an artist, i think art should be protected. i think there should be no limits on our. i shouldn't necessarily know if you made it or not. but ultimately, there are a lot of people who say a lot of things they actually did. and that it's a problem, there's a difference between artistic expression and a confession.

i think some people are so determined to prove how hard they are, where they came from, that they are telling on themselves. the whole street code, snitches don't get stitches, they get immunity from prosecution, that is what they get. [applause] >> and i guess, to add to that, i think that even if there are people that is doing, you know, doing what they are saying, i speak for the majority. and for the majority, it is straight fiction. most of these guys, i mean, not the more well-known artist, but talk about some of these artists that don't have as big of a name. in this song, he says, i think prosecutors don't get the right to cherry pick what is fiction and what is not. >> d.l.: that is specifically the gig. they don't care if the it is right or wrong, they care for going to win. we have this conflation with words and what they mean and their impact and we just showed you an example of the kind of biases, i write an essay called "how to murder your husband,"

that is not allowed, you write "murder murder kill kill, and it is. it is unfair. but i think the whole thing is, we have to protect art in general, whether we agree, like it or not, art needs to be protected. [applause] >> i totally agree, because in one song, this young man may say, i killed four people, but in the very same song, he says he owned a bugatti, a jet, a helicopter, and he is sitting here with a court appointed attorney so we know this is false. and hip-hop, we use similes and we use metaphors, we use hyperboles. we exaggerate. we like to exaggerate. i just think that it is unfair when it gets to cherry pick, okay, this part of the song is true in this part of the song is fiction. i just think that is wrong. >> d.l.: even now, you've been through everything you have been through, the one thing i notice about you, you still have light

in your eyes. and it is not just because of what you do, it is because of who you are, and art does that for you. the fact that you would go through that, have an experience that could turn you sour, and you use it to create, guess what, more art, that said something. [applause] >> right, right. and just being here is a reflection of that hope, that i kept the whole time i was there for 21 years. i made a promise to myself. i said i was never going to let the situation turned me black hardheaded. i never wanted to be a bitter man about it. >> d.l.: you didn't wanted to turn you. >> i like to win. [applause] and i didn't want it turn into a miserable, bitter person. i said i have to get to work because there's other guys who are left behind that are in similar situations. his image was used against him.

>> d.l.: c murder? >> right. >> d.l.: you know it is interesting, you have a new album out, called the -- >> "son of the city." >> d.l.: did you use any of the "murder murder kill kill" -- >> no, no. [laughter] i think much of that has to do with just maturity. >> d.l.: growing up. >> i am a grandfather. you know what i mean? ultimately, i was going to mature as a musician anyway. a lot of these young men that are rapping what they are rapping about today, they want to be talking about that in ten or 15 years. this album is a reflection of a more mature, grown man. >> d.l.: how many tracks? >> ten checks on the album. >> d.l.: what is your favorite? >> my favorite is "proverbs." if i had the world attention format for minutes, those words are what i would say. >> d.l.: my aunt got 4 minutes. give me 30 seconds. >> 30 seconds, may your tomorrows be filled with promise and the opposite of sorrow amongst other things. for i know it is a struggle just to go with the flow, when feet

are taking many places, you would rather not go. fret not, and not the fear, the things that you just might be hold, but cannot control. for end time, you will know the reason, everything has a season. i swear that not until it's cooked, do we start eating. believing in the power of us. made in their image and in their likeness, the reason we write this is for the hopes that we will inspire others or take it higher and further than those before us because they are waiting for us, so your thoughts make your reality, and i wish that i could share with y'all all the formalities, but if i had to sum it up in just a few words, it will only take seven: on earth as it is in heaven. [cheers and applause] >> d.l.: ahhh! chair [cheers and applause] i am no composer but that is a damn better than "murder murder kill kill.

mac phipps, everybody! "son of the city" is available now. take a break, we will be right back after this. [cheers and applause]