Daniel Penny Acquitted!
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Hello, everybody. This is producer Blake here. You probably weren't expecting me. I wasn't expecting me. We have some big breaking news that just hit. If you haven't heard it yet, Marine Corps veteran, national hero, Daniel Penny is a free man. We had some sweating last Friday when we learned that the jury was deadlocked on the higher level charge, manslaughter. The state of New York dismissed that charge to try to...

trick the jury into some sort of compromise guilty verdict on a lower charge of negligent homicide and it failed. They came in today and after just a short time deliberating, we heard they have a unanimous verdict. Myself and a lot of my friends thought, oh no, are they going to convict him? And the answer is no.

They just delivered a unanimous, not guilty verdict for Daniel Penny. The state of New York's effort to ruin his life, to put him in jail for years, if not more than a decade, has failed. We can all celebrate today. I think we can agree this is the biggest courtroom win for an ordinary American since Kyle Rittenhouse a few years ago.

And we're doing our best to get a reporter who was inside the courtroom when this came down. Until then, do we have Jack? Jack, welcome. Welcome, Jack. We have Jack Posobiec joining us. Can you hear us?

I've got you, Blake. Excellent. Jack, this is a great day. This is huge. This is a huge moment for America. And I want people to be very clear that this is just four years after the George Floyd racial reckoning moment, which, Blake, I know you and Charlie have discussed so many times that this comes at a time where just a couple of years ago,

Right. A case like this with the racially charged overtones where people were saying, oh, this is a white man and a black man, where in many instances in New York, particularly under D.A. Alvin Bragg, who is a Soros backed D.A., the same guy who went after Donald Trump in the same jurisdiction where they're going after Steve Bannon this February.

was putting all this together, and so many people looked at the video and said it's a clear case of self-defense. It's an obvious case of self-defense. There was even a case last year where a guy stabbed someone to death on the subway, and those charges were dismissed because that was, again, self-defense regarding a homeless person that was acting crazy on the subway. The only difference was in that case, the individual was black. In this case, the individual was white.

white and so he had the book thrown at him. No, Daniel Penny, we have to understand this is a moment for the country. This is a moment for the, I don't want to say the movement. This is just the mood of the country, the moment for society, a moment where people can say, you know what? We do want to live in a country that has

rules, that has standards. Obviously, it was a terrible situation. It was a situation that nobody wanted to be in, a situation that nobody wanted anyone in. But instead, we have a situation now where people can get up and say, you know what, we're sick and tired of the crime and

So I had heard last week from, you know, take with a grain of salt, but I had heard that there was some rumor going around the DA's office there in Manhattan that the jury, yes, while they were deadlocked, the deadlock was actually towards...

acquitting even last week and that it was 10-2 and that there were only two holdouts saying that they wanted to find him guilty. Now, this was on the earlier second degree manslaughter charge. Today, it was the involuntary, essentially involuntary manslaughter charge. They call it something a little bit differently in New York. But Blake, here's my question. Because that first, and this is more of a legal question, because that first charge was dismissed and not ruled on, could that charge be

still be brought? I don't necessarily think that they're going to, but is that a possibility? My understanding is no, that because they went through the whole trial, at that point, in legal parlance, Jeopardy had attached, and so it would be double Jeopardy to try to bring the charge again at this point, because otherwise, you know, you could say, oh, you know, the trial's not going well, the jury doesn't look good, dismiss it and refile it. So that would be abusive. So I think Penny...

is golden on the New York legal front. The vulnerabilities would be a federal charge against him, which I think very safe to say that won't be happening with President Trump in charge. If anyone tried to bring that, I think we would get them turfed out pretty quickly. The other possibility would be a civil case against him. That's still sadly a possibility. Neely's family could sue. Oh, I think he is. Yeah. Oh, he might. Yeah. Now that you say that...

I probably already double check, but I do. I do believe that they've they filed a wrongful death lawsuit against Penny in the case. So walk us through. And by the way, that would be something. And I haven't talked to anyone about this, but I do know that there's that give send go. And we I guess what a year and a half ago when this happened, I think it was May of twenty three.

Please make sure that you're still giving to the Give, Send, Go for Daniel Penny. I'll go find it and post it on my Twitter accounts, up on X and across my social medias. And while this is a great day and we're going to talk about this and there's a lot that's going into this, there's been a lot that, you know, it certainly goes with

The current mood of the country right now, where I think people are sick of wokeness, they're sick of social justice, they want to get away from this stuff. And more importantly, they want to get away from crime. We want to live in a place where... And Stephen Miller was at the Turning Point event, this incredible Turning Point event in Mar-a-Lago last weekend, last Saturday night. I know Charlie was...

in rare form that night, and it was an incredible celebration. Stephen Miller got up and spoke, and he said, every single American, regardless of your background, has the right to live in safe cities and safe neighborhoods. You should be able to ride a train in this country in one of America's greatest cities, New York City, without having to worry about you, your family, and your children being accosted. And unfortunately, in this situation, someone

did accost them, but you had a hero named Daniel Penny who didn't do anything wrong. In fact, he did everything right. But I do want to also point out that because of this lawsuit that's still going on, please go and check out the Give, Send, Go for Daniel Penny because it does look like he's still facing some legal repercussions on

on that front. Yes, absolutely. We'll be watching that. We obviously care that Daniel Penny get his life on track as much as possible. And that goes beyond just beating these unjust charges. But as we like to say, today is a day for celebrating. This is a victory celebration.

for ordinary americans this is a victory for ordinary everyday heroes this is a proof that america both still creates heroes and that america can still honor and defend heroes rather than destroying them so this is a very happy day i think we can all agree this is a day worth celebrating and uh i'm sure we also you know maybe we haven't seen the last of daniel penny uh on

in our movement. We'll see. I imagine a lot of people will be getting to work on that front. As you said, another big win here. We already see it on X. People are saying this is the day BLM dies, the movement that sort of terrorized America, that said, if you don't listen to us, we will burn your stores, we will burn your city, we will make your cities unlivable.

They demanded that Penny go to prison. They were just this morning. They were protesting so loudly that on the 13th floor of the courthouse where the jury was deliberating, their chance demanding that Penny go to prison could be heard. There were arguments that that would be grounds for a mistrial all on its own. But if the jury was able to hear those protests, they ignored them. They didn't care.

And BLM's ability to just terrorize the country is broken, I think. People understand this is a con job. This is a scam. This is bad people who want bad things to happen to America. And Blake, I do have a report from this guy, Matthew Russell Lee. He covers a lot of these cases. He goes into the courtrooms and live tweets them. And he's not one...

one side or the other. He's very straight down the middle. And he tweeted that when the not guilty charge came out, that from the Penny side, there was applause. There was cheering. The judge asked him to be quiet. And I'm just going to read what it says. From the Neely side, someone said, going to be killed.

The judge instructed that person to be taken out. Then someone else from either someone else from the Neely side or someone else or the same person responded. It's a small world, buddy. It's a racist country. So it sounds like there were people who were even threatening Penny inside the courtroom as the as the verdict was down. So these people are still there. We're still there.

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Other breaking news. It's just coming out now. They may have arrested the CEO shooter from New York. There's apparently a person much like him who also had a suppressed pistol that they just arrested in Altoona, Pennsylvania. So we may be getting a lot more information on that front. There is a lot going on there.

today. But right now, we want to be joined. We have a reporter who was covering all the events of this trial. A lot of his coverage went viral. He was giving us a lot of information. Do we have Joe? Hi. Yeah. Can you hear me okay? There we are. All right. Welcome, Joe. Thank you for coming on. So this is an independent reporter, Joe Brucker. So you were covering the entire trial. So let's get right to the most important thing. What was the moment like when the verdict came in? How did people react?

Absolutely, yes. Very high emotions. There was a huge outburst of sound and emotion, major wave of commotion. At this point, a couple of the major protesters who had been sitting in on the trial had actually were already outside. So this came from Jordan Neely's father, who is suing, actually, in a civil suit. He was actually asked to leave the courtroom after this,

There have been so many outbursts and so many interruptions during it, they had actually quieted down somewhat. And so there was some expectations that it would be even louder. How about, could you see Penny himself? Did he show any emotion, emotions?

Obviously, it was very viral when Rittenhouse started sobbing after the verdict, but we couldn't see in New York's case. Right. They actually rushed out of the courthouse fairly quickly. I was not able to get a view of that particular instance. But they were—and they did not give any sort of press after the verdict either. One thing to keep in mind is that there is still a civil suit looming. And if you remember the Bernard Goetz case, there was—

major civil suit afterwards, tens of millions in liability. So they may have been trying to contain

any sort of information that could be used. Of course. Feelings of guilt. And you were also reporting on the, like the, the chance that, you know, the kind of the threatening protests outside of the courthouse. Could you really hear those? Do you think the jury could hear it 13 stories up? Absolutely. And so, so, so we were 13 stories up and the, those protests were all the way on the first floor. You could hear it from the other side of the, on the other side of the same 13th floor. Um,

um the jury is deliberating there was uh there was speculation but not confirmation that we could get that the jury was hearing this as well uh and that this was either intimidating or uh or influencing the jury the um part of the issue too was that there wasn't really anywhere else for them to move them that would have been any better um the judge uh like offered to uh ask the jury as um you know hey if uh

If you have any notes for us that you're able to hear this, we'll try to move you. But communicate it to both parties that even if that were the case, it's not that we'd be able to move them anywhere that would be quieter.

So my colleague Jack is saying from one of his – someone was saying there were threats from the Neely side inside the courtroom. Did you observe that? Yeah, so Hock Newsome did actually say it's a small world, and some people in the – some of the reporters heard it's a small world whitey. Some people in the – some of the reporters heard it's a small world buddy. So we're a little bit of back and forth on that.

But yes, there was that that could have been interpreted as a threat. Now, it's actually audibly that was as Hawke Newsom, the founder of Black Lives Matter, greater New York, was leaving. Then outside of the courtroom during the press conference of the various activists that were involved, Hawke Newsom did call for black vigilantes specifically. Oh, my gosh, that's crazy.

So were you speaking with other reporters? Was it a surprise the verdict came in the way it did this quickly after the drop charge last Friday? Was there a sentiment on how the jury was likely to go? Is this outcome expected or surprising? Sure, sure. I think that many in the courtroom were expecting that we would get another hung jury. The difference between they indicated that they were still debating self-defense, which applies to both negligence and manslaughter.

when they arrived at there at being a hung jury. So many were expecting that that debate would either carry over or this would indicate that they had ruled that this didn't matter, in which case they would have much more to either deliberate on or rule guilty. So yes, there was surprise that it was this verdict this quickly after the hung jury.

And also the period of time. I mean, we had four days of deliberation before we had the hung jury, and then almost like 30 minutes before a verdict.

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pretty much all Americans other than I guess people who want to terrorize criminals on sub- or terrorize innocent people on the subway. I want to play a clip that we have. This is the response of Jordan Neely's father to the news today. Let's play clip number 20. I just want to say I miss my son. My son didn't have to go through this. I didn't have to go through this either. It hurts. Really, really hurts. What are we going to do, people?

What's going to happen to us now? I had enough of this. The system is rigged. Come on, people. Let's do something about this. So it's that last line there that stands out. Let's do something about this. And I couldn't quite make it out, but I think you could hear some protest chants going on in the background as well. Do we still have Joe with us?

Welcome back, Joe. Can you hear me okay? Yes, yes. So I'm not sure if you could hear that, but we were just playing the clip of Jordan Neely's father saying, let's do something about this. So I was wondering, you know, we ran out of time there before the break. Could you expand a bit on the overall story?

Did it feel menacing around the courthouse at all? Like there was a very strong cohort of people really braying for Daniel Penny's blood? It's interesting. That is the first time that I had actually heard...

Jordan Neely's father's words, even though I was only a few feet from him. His voice was a little quieter, but he was completely drowned out by the protesters who were across the street. I'm sitting in the courthouse now. I mean, the tone was extremely loud this morning. All of the reporters had noted that this was more intensity than we'd ever seen

any other day of trial in terms of hearing these protesters, which we've heard very, very consistently. Later in that same press conference, you'll hear Hawk Newsome, the founder of Black Lives Matter Greater New York, call for vigilantes, black vigilantes, seemingly in response to how he sees Daniel Penney.

Earlier, Thomas Kenneth, who is the defense attorney for Daniel Penny, brought up several chants that he interpreted as threats specifically against the jury. Quote, if we don't get no justice, they don't get no peace. A.D.A. Uran seemed to dismiss the likelihood of that, whether she had even

Even going to the extent, you know, saying that she had heard, she hadn't heard any of the, any of some of these slogans at all.

But but the judge kind of like denied the equivocation later and and and agreed that, you know, there aren't two sides to this. So looking back over the course of the trial, you were able to observe the jury. Obviously, there's also a lot of experts there. Do you have a sense maybe what proved decisive in Newsom being able to or?

or not news on, uh, Neely being able to win his freedom. Is there something that really affected people? Yeah, sure. So, I mean, there, there were, um, so there were, there are two big things, right. That, that became issues of focus one for Daniel Penny, uh, you know, it was the question of self-defense, which it's, which the last indication that we have is that this is something that they were, the jury was fixated on. Um, and we had testimony, emotional testimony, uh,

of a mother who was protecting her child and who had thanked Daniel Penny. There was a woman who had thanked Daniel Penny after the event. There was testimony describing that we had an expert witness going through his psychiatric records and describing just how scary and intimidating it could be for somebody who's going through a psychiatric episode.

They really, really tried to emphasize the extent to which the subway passengers did or could have felt threatened. And Daniel Penny, in his interview with the police, says, I look, I see women, I see children, and that was his impetus. The other issue is that the prosecution had to prove the cause of death.

was the chokehold. The defense put up this theory. We don't know, obviously, to what extent the jury felt doubtful towards the prosecution's case. But he did have this sickling event, an extremely rare event. That is just how rare this event is, even though people have sickle cell trait.

Both medical examiners, the prosecutions, and the defenses both agreed that this is an extremely rare event that inhibited the oxygen flow to Gordon Neely's cells. And also, the jury was very focused that the medical examiner gave up looking or said something to the extent of,

that she didn't need more information after seeing the video. So she had toxicology reports on the way. She had other information on the way, and she decided not to move forward with it or didn't need it to decide the cause of death as the chokehold, which obviously many people ran away.

All right. I think we're just we're getting the clip here. Yeah, let's this is what you were just describing. I think let's play Hawk Newsome getting a little menacing after the announcement today. Let's play clip 21. We need some black vigilantes. That's right. People want to jump up and choke us and kill us for being loud. How about we do the same?

When they attempt to oppress us. Right. I'm tired. Tired. You were pretty strong words. Wow. That was, that was some volcanic rhetoric. I think obviously that'll have a lot of people on edge. I think what we can be hopeful for though is, I think what we're all hopeful for is that this won't,

cause an explosion of violence or looting or anything like that. I think what most of us would prefer is for people to just tell them,

to go away and you know maybe he'll maybe he'll get slapped with you know some sort of charges over that if it's too inflammatory but a lot of this is it's just people it's crazy to think that four years ago everyone just went in fear of this group of people they could get almost anyone prosecuted thrown in jail they they almost could act with impunity and this time they didn't get their way and a heroic man an innocent man is is going free

And I know I'm celebrating. I guess I don't, you know, you're a reporter. I don't want to expect you to celebrate off the cuff. But I think this was the right outcome in the case. And I know a lot of people were following this. And it's good to see that people didn't get the tunnel vision of thinking that the protesters who were right outside, who, you know, were not going to work that day and were just coming in to protest during the trial, that they were not the mob that would just get its way.

Any other thoughts on the case? I mean, you've been following it longer than just about anyone. Yeah, I mean, I guess the biggest thing is that it's not over yet.

We have potentially the civil trial. If you recall, Bernie Getz, he was acquitted but then had this major civil trial afterwards in which a judgment was levied against him. Tens of millions of dollars, apparently, his livelihood is still affected by this. So this is certainly a victory for Daniel Penny, but it's not the end of the road.

And it's also not the end of the road in terms of the public reaction. In the days after the original lack of charges against Penny and the protests following, protesters had been arrested with accusations of throwing Molotov cocktails and such. In fact, that hearing was during this trial. So the story is certainly not over. Joe, thank you very much. And thank you for coming on.

And, yeah, I'm just taking in the full extent of what this is all going to mean. And I think you're correct that a big thing we need to focus on is it doesn't end here. Obviously, if you can donate to support him, if his Give, Send, Go is still operating, we'll want people to support that. And we have to make sure that we follow up on...

Building a world where there's not even a fear that if you are protecting your fellow Americans when they're in distress, when they're in danger, that you would have to worry about this sort of punitive anarcho tyranny lawfare being levied against you because.

Because I'm already seeing people say this, that the damage is already done. That because Penny had these charges brought against him, that no one is going to step up to protect innocent people if they see them in danger. And so we need to make sure that we...

rebuild people's heroism that we can send the message that this is this prosecution was a one-off it will not recur so i think we need to look i don't think we should forget what we were talking about while this case was still underway uh there was a lot of focus on the prosecutor in this case i can't have her name the assistant da do you remember yes so yeah assistant da daphne around very interesting character absolutely

Yes. So, you know, people resurface. I think actually I think you even posted it via the video where she was gloating that she managed to get a radically reduced sentence for a man who he murdered someone just during a mugging at an ATM. Correct. My understanding of the event. So so Daphne Moran brought the first restorative justice case to New York City, or at least that's one of her claims to fame. And the case in which you're referring to.

I believe the perpetrator stuck up an elderly professor, I think it was, who was shoved over in the course of that altercation. In the course of that robbery, he hits his head and dies as a result of those injuries. Then following that, she agitates for a reduced sentence.

If you're interested in this, there's also another case with this woman named Madeline Brame. She spoke to the RNC this year and also testified to the House Judiciary Committee and calls out Daphne Rand by name for an unsatisfactory sentence along these same lines. All right. Do you have a social media people want to follow or a publication where people can read your work? Sure. Yes. My Twitter is – you can follow me on Twitter on at JBRUCJ. Okay.

I'm Joseph Rupert, and I'll be writing up on this for IM 1776. Joseph, thank you very much. Thanks for all of your work covering this massive story, and thanks for coming on the program. Thank you so much for having me.

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We have Jack Posobiec still with us. I know he's been very closely following this UnitedHealth CEO shooting. And Jack, I think we should just go through... Do you see this New York Times set of details that they've been putting out about this? Apparently they found a manifesto on the person of this guy. They caught him at an Altoona McDonald's. Someone saw him and thought, that looks like the guy. The first thing we have to say...

The first thing we have to say is before we get to the manifesto, before we get to the fact that it looks like he may have still had the weapon on him, the suppressed, some kind of modified firearm, but the fact that he was caught at a McDonald's

Because he couldn't resist, folks. I guess he just couldn't resist. He's on the lam. He's got everyone in the country looking for him. And he just couldn't resist those fries. He saw that Donald Trump video going around and said, man, those fries just look a little too good when Trump makes them. Maybe I can get a little of that. So he gets caught in Altoona. So that's on the way to...

across the Midwest, Northern tier of Pennsylvania, across from New York city. We knew that he was riding buses beforehand. So that could have been, um, it sounds like that's what he was, uh, what he was doing, but yeah, rather than being, um, you know, rather than having been necessarily caught by tracking the buses, it does look as though he was caught because a McDonald's employee at the restaurant observed him, recognized him from the, uh,

from the images that we've all seen and decided to do the right thing. So again, very similar to the Daniel Penny situation in a certain sense, because once again, here you have a good Samaritan deciding to do the right thing and step up instead of just let something go by. Yeah. And let's get the details of this stopper pretty wild. Let's this is CNN reporting on it. Let's play clip 22.

So, Dana, this starts as a very routine day in a McDonald's in Altoona, Pennsylvania, which has like three McDonald's. But an employee there looks at this person and has been seeing on CNN and everywhere else these photos from the NYPD of this masked person with the hood where they're saying, look beyond New York because we think the person has left the city. And she believes that this person resembles the photos that have been put out

She calls 911, gets the Altoona PD. They respond to the McDonald's. They engage this individual. And as they get him to identify himself and look through things, they find a gun. They find a silencer. They find multiple false IDs. Apparently he was just going around in the same getup he did the shooting in with all of the gear. It's wild.

Do you remember a couple of days ago, we were doing the Thought Crime show and we were arguing with people and there were still people who said that they thought that this was a professional. And they said, oh, we think this was a real assassin, a real-time hitman. And no, no, it was not. This was someone who...

Yeah, and the fact that there are documents here. Look, so we have the writing on the bullet shells was the first instance that this may be something to do with a political type motive, someone who's animated with anger and animus towards healthcare CEOs and CEOs in general. And now we have this information about, quote, and they're...

I think they're stopping short of saying manifesto yet. They're just saying manifesto-like documents, but that certainly seems to be the rumor that's going around. Also, I think there was one of his backpacks that was found, that designer backpack. By the way, all the clothes in this case, there were some memes going around saying that all the clothes in the backpack were like designer clothes and designer jackets. Everything about this is incredible. Like, I mean, the fact,

was that... His gun is apparently... They're saying it's a ghost gun. Like, he built it himself with parts he either printed or bought online. And the way... Yeah, like, designer clothes. He has multiple false IDs. Manifesto-like document. Like, what? Does it have to be, like, at least 12 pages? And the backpack was filled with Monopoly money. Over the weekend, the backpack that was recovered was apparently found. It was filled with Monopoly money. Actual Monopoly or, like, counterfeiting?

Well, we'll have to, that remains to be seen. That remains to be seen. But no, so some people were speculating that perhaps, you know, this was in regards to one of the criticisms of this health insurer was that they have an illegal monopoly on the market. And so perhaps this was a, again, intended as a message to the case or just, you know, regarding money in general. But it does seem to be shaping up.

that way. I'm just saying it does seem to be shaping up that way. We don't know for sure. There were a lot of people who pointed that out early on. And I think that I was one of the first people to say, no, this was not a professional assassination. Thanks so much for listening, everybody. Email us as always, freedom at charliekirk.com. Thanks so much for listening and God bless. For more on many of these stories and news you can trust, go to charliekirk.com.