The Truth About Every Angle of the Cornell Case, From the Original "Jane Doe" 2024 Story to Media Lies Today | Ep. 1409

32:07The only reference of rape mentioned in her six-page statement according to ABC. So when it was time to actually sit down and swear to what happened, she did not say she was raped. She had a hypothetical about if they did something to me while I was asleep, that would have been rape. Now, in the interview with the cops, which near as I can tell, though I haven't been able to nail down specific dates, but it would only make sense, would have preceded the written statement. under oath, that she said to the police sitting down with them that she believed she'd been raped and offered a couple of other details.

32:59A campus police investigator led the questioning with a Title IX investigator there from Cornell, a victim's rights advocate, and Jane Doe's advisor. So she had three people in that room whose sole job was to protect her and then a campus police investigator who was taking down her story. Let's see. She did describe allegedly being OK. The transcripts detail how she told police she was pretty OK with the initial sexual activity of the evening, but told them that she did not consent to what occurred later that night. In the statement, okay, specific statement, right, right, right. Just want to make sure I get this sequentially for you.

33:52Yeah. Okay. And in that, she does say that she was incapacitated. That's another thing that she allegedly says here. I can say with 100 % confidence, I was raped. This is, again, CBS's reporting, having looked at her interview. She was asked whether she was okay with the initial encounter and said, yeah, as much as I can be, because again, I was super drunk when I got there, but I was pretty okay with all of this. She then added, according to the transcript of the interview with the Cornell cops, and then, of course, I was being hit at the same time, physically hit very, very hard. She alleges that in the course of that first threesome or gang rape, depending on who you ask, that defendant number two was, forgive me, having sex with her from behind, and that he was hitting her rear end hard enough to leave a bruise.

34:52So that's the reference here to I was hit very, very hard. According to the transcript, that's again, CBS's review of her interview with Campus Cops, she said she didn't remember the end of the night, quote, where I was raped and didn't know how many people had sex with her. When describing what happened later in the evening, The transcript says Jane Doe said, quote, I can say with 100 percent confidence I was raped. Now, this also reports that it was the investigator who prepared Jane Doe's written statement, that six page statement. And, you know, so this wasn't done in her own hand at a keyboard.

35:35But the DA has told us already that it was signed by her, sworn to by her, and has her written notes at various points in it. So clearly Jane Doe did review whatever the investigator typed and was fine with it and swore to it. The investigator at one point, okay, at one point she said she swatted one man's hand away and told him she was uncomfortable. She told another man no a few times or that she was too tired. Was it no or was it, eh, I'm tired, asked the investigator, according to the transcript. The transcript says Jane Doe responded, I think it's, I'm tired. Now, that's different. That is very different.

36:16I mean, frankly, ask any wife on earth, I'm tired, is not always heard by your partner as no. They may not give up upon hearing the magic words, I'm tired. And so just because they tried again after I'm tired does not absolutely does not mean there's been no consent. What has to happen next if there's no consent is the answer is no. And then he's got to force you himself on you. OK, so this is that's what the investigator is going for. And he's right to ask that question. And she said, it's just I'm tired. According to the transcript, the investigator later asked whether she got tired of answering the men's questions and gave in.

37:04Yes, she says. So in response to that, she says, yes, that's what happened. She got tired of answering their questions about what she wanted, et cetera, and she gave in. But then she adds, it was coercion. Yes. She also said she was, quote, completely and totally incapacitated. Now that is an important, and before signing, because apparently when she signed her six-page statement, her advisor asked her if she wanted her and another advisor to review the statement. And Jane Doe, before she signed, said, quote, I'm very confident about this and signed away. So she had advisors, she read it, she said she was very confident about it, and then she signed a statement not alleging rape.

37:47The written statement doesn't allege rape, at least not according to ABC, which has reviewed the six-page statement as reported by CNN, which looked at all the reporting. Um, her telling the campus cops, I was completely and totally incapacitated and that it was coercion is helpful. I mean, it's better than her saying there was no coercion, which is basically what her written statement says. Um, and it's better than her saying I was not incapacitated. I was making decisions on my own, which is basically what her six page written statement says. But the fact that in speaking to the campus cops, she originally said it was coercion and I was completely and totally incapacitated is not the end of the matter.

38:41Because if you look at the six page statement, again, I haven't seen it and I reserve the right to change my analysis once I've laid eyes on the actual six page statement and hopefully the transcript of the interview with campus cops. But if you look at the lengthy excerpts released by the DA in particular and by ABC, which has seen it, you see a woman who does appear to have capacity throughout the evening and who is making conscious choices about what she will do and what she will not do. and deciding throughout the evening what she's into and what she's not, what she's okay with and what she's not, when she wants to fool around and when she wants to rest.

39:31And this is what devastated the ability of the DA to go forward. All right, so now I've told you what she said to the campus cops as best we know it and what happened in the Snapchat messaging at Kifi while it was going on, despicable. But now I want to get into what was in that six-page statement as we understand it. And that brings me to the DA's nine-page memo. This DA is clearly frustrated that he's being painted as like a hater of women when he's trying to tell us, you got to read the law in New York state. And you've got to listen to me on what she was actually claiming two years before she found a civil torts lawyer.

40:26So we will do that. Here is what he writes. He says, Jane Doe's sworn statement. So it was sworn. That means under penalties of perjury. Unlike an interview with cops. Okay, campus cops at Cornell. I'm just saying some of the discrepancies may be attributable to the fact that it is one thing when you're just sitting there sort of recounting things to campus cops, and it is another when you sign under penalties of perjury things like, I was completely incapacitated. That, as near as I can tell, did not make its way into the sworn statement. did not. Rape did not make its way into the sworn statement other than as a hypothetical, if I had fallen asleep and then they continued having sex with me, then that would be rape.

41:16That's not an accusation. That's amusing. A space musing. Here is what she wrote, according to the DA Van Houten. That's his name, Van Houten, the Tompkins County District Attorney. That's Ithaca, New York, where Cornell is, Matthew Van Houten. She made more than 20 handwritten notations to the six-page document, single-spaced. The signature page contains the following language. I have read this statement consisting of six pages, and the facts contained herein are true and correct. I understand that making a false written statement is punishable as a class A misdemeanor pursuant to blah, blah, blah, penal law of the state of New York.

41:59As I explained further below, writes the DA, the statement, especially as it relates to the legal definition of lack of consent, provides a different narrative and set of facts of the evening, the events of the evening of October 19th, 2024, than those alleged in the civil complaint. Back to the civil complaint. You remember I read to you her story is I showed up intoxicated and incapable of making decisions. They gave me more alcohol as soon as I got there and I was in no capacity to consent to anything. The first interlude, nor any other. In this case, he writes,

43:06in excruciating detail, was never in question. He's saying, I believed her. We all believed her. She did not state a crime. The story as told to us, cops, criminal investigators, sex crimes prosecutors did not amount to a crime under New York state law. And that is my own belief as well, having reviewed it. I'm just going to tell you before I get into this, we've looked at the law independently. All right. Unlike a lot of these pundits out there, I've actually practiced law. I've actually handled difficult cases like this. And I can tell you that the law in New York is not on this woman's side because basically what it says is if you can, if you allege that you've been completely physically incapacitated, like you, somebody got on top of you and had sex with you when you were completely passed out, you're there.

44:00You got a rape case. That case would have been charged. Total physical incapacitation would get you to a rape charge. But if you allege that you were voluntarily intoxicated, that you were conscious, but very drunk, or high, very high on drugs, but conscious. And that the reason you got very drunk or very high was your own choices to drink a lot or do a lot of drugs. But you are not physically incapacitated, i.e. passed out or asleep. You cannot be charged. That is not a charge for sexual assault or rape under New York law. You may not like the law. That's the law. Take it up with your state legislatures.

44:52This is not known as a particularly conservative one in New York state. And what the legislature of New York saw fit to do was create a rape law that would allow you to bring rape charges only under specific circumstances. Okay? And we're not there. But I'm going to save the specific legal definitions for when I'm done. I've given you the highlight that you need to understand. Look for an allegation in her six-page statement that she was completely physically incapacitated when the men were having sex with her. We're going to need that, or we're going to need them forcing her to take a drug. And she did not consent to take the drug or drink the drink.

45:40That's what we're going to need. All right, here's what the DA says she alleged. By the way, he also says that when they decided that they couldn't bring charges, he writes, as is my longstanding policy in cases such as this, we asked the Cornell PD to inform Jane Doe at her option that we would personally meet with her to explain our decision and answer any of her questions. They said for two years, she never contacted us. nor asked for this, neither Jane Doe nor her attorneys ever contacted us to seek answers, to ask for reconsideration of her case, to suggest her sworn statement was inaccurate.

46:22Nothing, absolutely nothing for two years. The first he heard there was any beef with it whatsoever was when he read her civil complaint. And you've got her lawyer running around right now saying it's outrageous. They never followed up with her. Well, they made a determination after she sat for two days in a row giving police a statement. Then she signed a written statement under oath that was six pages, single spaced with her handwritten notations. And she swore to it. And they said, there isn't a crime here, but if she would like to discuss more or bring us more information, we are here for her.

46:54And she never did. And now you've got this DA being painted as some sort of a bastard because he didn't see a crime. And he didn't interview the alleged victim. He doesn't have to do that. the cops are principally the chief investigators of crimes. They're the ones who will interview you. And then the DA will use that interview. I mean, how many times on Law & Order do you see it's the cops who sit down and say, these are your rights under Miranda and, you know, anything you say can and will be used against you in a court of law. That's a cop's job. So she this is like they're trying to paint this DA as having committed dereliction of duty.

47:37But he didn't. He didn't. He went off of what she said after two days of being questioned with three victims rights advocates in the room for her and a cop who's neutral doing the questioning and no representation for the defendants. He did nothing wrong, this DA. He says, where words appear in quotes, they are exactly as they appear in her statement. He writes this. On the evening of October 19th, 2024, Jane Doe walked the approximately one mile distance from lot 10 in the city of Ithaca to the Chi-5 fraternity at 107 Edgemoor Lane to meet her friend, male number one. She had made plans to meet male number one earlier in the week and had been texting male number one that she was on the way.

48:25That's in quotes, had been texting him that she was on the way. Jane Doe described her level of intoxication as a five out of 10 when she arrived at the fraternity. Five out of 10. It's not great. It's not total incapacitation. While there, Jane Doe opened one previously unopened can of beer. So she opened it. She and male number one, quote, danced a little in a way that, quote, was definitely flirtatious in nature, end quote. Quote, male number one brought Jane Doe to a, quote, quiet area and, quote, asked how Jane Doe would feel about having a threesome with two male partners. This is Jane Doe alleging specifically she was asked about how she would feel about it.

49:02The guy did not get on top of her. He was not having sex with her. And then, boom, there's a second guy in the room who's jumping on her. That's not what happened. He asked her how she would feel about having a threesome. Jane Doe, quote, agreed due to how attracted she was to male number one on top of her drunken curiousness, end quote. That's from her. She is telling the police that she agreed to a threesome based on how attractive male number one was to her. And also she had drunken curiousness. That's her word. that's not I was completely and totally incapacitated folks when she learned that male number two that's the guy who we believe said free p-word upstairs would be the third participant in their interlude Jane Doe quote remembered being excited because she thought that male number one and male number two wanting to have a threesome meant that they were gay, end quote.

50:08No one understands what she, how does that excite you? You want to see two gay guys get it on? You're excited because you're a woke leftist at Cornell and you're thrilled to affirm somebody's gay identity. I don't know what that is. But again, this is her words. Not like I was scared. I didn't want to do it. I was reluctant. I was excited and I agreed because I thought the guy was hot. I mean, that, these are her words. Both of these two guys have been sued. and she would like to have them criminally charged. The three engaged in a threesome involving oral and vaginal sex in a room of the fraternity.

50:48At the start of the threesome, Jane Doe described her intoxication level as a 5 or 6 out of 10 and said she was, quote, pretty okay with having this threesome. Pretty okay with it. It goes on from here. We're nowhere near done, but we do have to take a quick break. We'll be right back. Feeling sluggish, bloated, not quite like yourself? Life constantly bombards us with silent threats, processed foods, artificial light, nonstop stress, all of which can disrupt gut health, drain energy, and weaken immune health. When that happens, it's not that your body's broken, it's that it might be missing the right inputs.

51:26That's why I wanna tell you about Armra Colostrum. It's packed with more than 400 bioactive nutrients that they say can work at a foundational level to fortify gut health, support immune health, fuel recovery, and promote whole body vitality. Strong gut integrity can support metabolism, skin and hair health, and even performance and recovery, which is why colostrum has long been valued by some elite athletes as well. If you are looking to take back control of your health from the inside out, consider Armra. And they have a special deal just for you. Go to armra.com slash Megan or enter Megan to get 30 % off your first subscription order.

52:02That's armra.com slash Megan. It's time to vote and President Trump needs you. He cut taxes, secured the border and put American workers first. Inflation is going down. Jobs are going up in the future is looking bright. DSA Democrats are so mad they can't decide whether they want to abolish prison or put Trump there. Go to GOP votes dot org right now. Defend Trump. Defeat the DSA. Vote early right now. Paid for by The SLF PAC, not authorized by any candidate or candidate's committee. www.slfpac.org. I'm Megan Kelly. Every day on The Megan Kelly Show, we bring you the news. And this summer, we're bringing you something extra.

52:48Before I was a journalist, I was a lawyer. I've spent 20 plus years now covering crime and the law. So I built a true crime series that I always wanted to listen to. We're calling it MK Confidential. And there we cover cases that you've heard about, like JonBenet Ramsey, Shandra Levy, the DC Snipers, Scott Peterson, and some that you haven't. One case per week, five episodes, Monday through Friday. New episodes every weeknight. Search for The Megyn Kelly Show wherever you listen to podcasts and you will find MK Confidential.

53:22We are at interlude number one. And where we left off was Jane Doe alleged that she agreed, this is her allegation that she signed under penalties of perjury, she agreed to a threesome due to how attracted she was to male number one on top of her drunken curiousness and remembered being excited about it. The three engaged in a, quote, threesome, her word, that's in quotes, her word, involving oral and vaginal sex in a room of the fraternity. At the start of the threesome, she described her intoxication level as a five or six out of 10 and that she was, quote, pretty okay with having this threesome.

54:02Again, she's using the word threesome. The sexual conduct ended when Jane Doe, quote, noticed that male number one appeared really sleepy and was no longer fully erect, end quote. She told male number two, quote, they needed to stop having sex in order to make sure male number one was okay. Male number two then stopped having sex with Jane Doe. So what we have here is a woman who says, I want to stop because I'm worried about that first guy. And male number two saying, let's stop. And they stopped. That is not forcible sex. That is not total incapacitation. That is her telling one of her alleged rapists, please stop.

54:41And he says, okay, and does. By the way, she is speaking of an incapacity issue when it comes to male number one, who can't keep his eyes open and seems to be drifting in and out of consciousness. She may use the word sleep. His lawyer may have a different story. Now, it's nearly physically impossible to enforce a sex act on a man at like a penetrative vaginal or oral sex act, I guess, on a man who's incapacitated. So I think she's probably in the clear criminally, but if I represented male number one, I'm not sure. Okay. So male number two listens and he stops. Male number one said he was, quote, he was going to take a nap and refresh himself, end quote, and quote, would eventually stumble his way from the couch to the bed.

55:30So he can't keep his eyes open and he's stumbling around. I mean, query whether he had capacity to be there doing anything. While male number one slept, male number two began to dry heave. He's not in good shape either, folks. As if he was going to vomit, Jane Doe, quote, began to take care of male number two by patting his back while also waking male number one every few minutes to make sure he was okay, end quote. This woman knows full well these two young men are beyond blitzed to the point where one is dry heaving and she's got to rub his back to make sure He's doing okay. And she's got to, she says, yeah, wake the sleeping male number one every few minutes to make sure he's not dead or with alcohol poisoning, obviously.

56:23Why are you waking your rapist? I mean, this is not what happened. this is the one she thought was hot who met her and danced with her she was excited to be with him and she's worried about how how far gone these two guys are Jane Doe quote was consoling male number two on the couch and telling him that it was okay if he needed to vomit male number two still in quotes here told Jane Doe he was pretty sure he wasn't going to vomit eventually Jane Doe and male number two would start making out for a very short amount of time, end quote. While they were making out, quote, male number two reached for the area near her vagina several times, and each time he did, she would swat his hand away, end quote.

57:14There's nothing about, but he forced it down there anyway. He tried a few times and she swatted it away, and that seems to have been that. Then, male number three knocked on the door of the room. Jane Doe, quote, again, the quotes are quoting Jane Doe, decided to let him in because it was his room. She opened the door and let male number three in the room. Male number three, quote, introduced himself to Jane Doe and reached out to shake her hand, end quote. Quote, when Jane Doe made contact with male number three's hand, male number three pulled Jane Doe into him and they began making out. And while male number three was kissing her, male number two began groping her, end quote.

58:00Eventually, quote, male number two, male number three, and Jane Doe would end up on the bed next to where male number one was sleeping. And they began to have a threesome. male number one would eventually wake up and said he wanted to take part and asked about making it a foursome to which Jane Doe said, quote, hell no. Jane Doe rejected this request, quote, because she knew that a foursome meant that she would have to take part in anal sex, end quote. Jane Doe then remembered male number three leaving the room. So here you have male number two, male number three, in bed, next to male number one, and beginning to have what she calls a threesome in her six-page statement.

58:53Then she says, male number one wakes up and says, how about a foursome? And her response is, hell no. She does not say, they then forced me to have a foursome. She says he proposed it. She said, hell no. And then number three left the room. A group of other men later determined to be male number four, number five, number six, and number seven. Okay. So you've got four more. We've already dealt with males one through three. And now we've got four more who come into the story. Then entered the room, a group of other men then entered the room. Jane Doe hid under the covers of the bed. Male number two laid in bed next to Jane Doe.

59:40Male number one sat on the corner of the bed. Male number one introduced the other males to Jane Doe. Jane Doe had difficulty remembering parts of what happened next. She remembered, quote, male number seven said something very rude and mean to her, end quote. Male number seven apologized and, quote, grabbed her face and started kissing her, end quote. Jane Doe, quote, quickly backed away to stop male number seven from kissing her, end quote. Male number two, quote, asked Jane Doe if she wanted to do more ketamine, end quote. At that, Jane Doe remembered that she had taken ketamine at some point on the couch with male number one and male number two during this night, end quote.

1:00:24But she could not remember, quote, where or when that took place. So here she reveals that she did ketamine with males one and two earlier in the evening. And she's now meeting male number seven. And in the midst of that, male number two pipes in, do you want to do more ketamine? Jane Doe thought that she, quote, had already done ketamine once, so why not do it a second time? End quote. that's her Jane Doe thought quote she had already done ketamine once so why not do it a second time end quote that is a thinking woman who's making a choice about how she wants to feel in the process of this evening and not somebody on whom this drug was forced somebody who says what the hell I did it once why not do it again this is why prosecutors walked away thinking this was a drug fueled debauchery filled evening, but it was not forced drugs and gang rape, as the media would now tell you and she would now tell you in her civil complaint.

1:01:40Male number two, at this point, poured a line of ketamine on his erect penis, implying for her to snort the line. Jane Doe snorted the line of ketamine, which was a heavy amount of ketamine. That was all quotes, by the way. This is her alleging this. At that point, male number two poured a line on his erect penis. That's all her saying that I then snorted the line of ketamine, which was a heavy amount of ketamine, end quote. Jane Doe was never under the covers of the bed at that point. I'm sorry. Jane Doe was under the covers of the bed at that point. And male number two got under the covers with her where he again tried reaching for the area of her vagina, end quote.

1:02:18I mean, let's just face it. Male number two is the aggressor in this entire story. And if I'm correct, is the guy in the Snapchat saying free P word upstairs. If it's not, we'll correct that. But the complaint names these guys. So pretty sure I have my facts right. And seems to be the most aggressive here, but not a rapist, but continuously all over her. The males begin complimenting Jane Doe, end quote, talking about how pretty she was, end quote. Male number four, quote, asked Jane Doe if they could all do drugs off of her perfect body, end quote. Jane Doe responded, quote, sure. This is Jane Doe saying, sure.

1:03:05First she says, ah, I'd already done ketamine once, so why not do it a second time? Then they say, can we do drugs off of your perfect body? She says, her response was, sure. Sure. Think about it. I mean, for all these people, like, calling for these guys' heads, if this were your son, and you had a sworn statement by his accuser saying, sure, go ahead and snort the drugs off me. Yeah. I thought I'd do more ketamine because I'd already taken it once. Why not? And, yeah, I was pretty into the threesome. Do you think you'd be at your wits' end about what is being alleged about your kid? By everybody.

1:03:44I mean, this is kind of like Duke in that, you know, maybe minus 15%. In Duke, everybody ran with their guilty. Here, you've got some, even Sonny Hostin, to her credit, who pumped the brakes saying, let me tell you about the law in New York State and spoke a bit to what I've been outlining here. So sure, while the men were doing drugs off her body, quote, Quote, male number three and another male entered the room and said something like, okay, we're shutting down whatever the fuck this is, end quote. So there you have male number three and some other guy whose name we're going to wind up knowing because he seems to be doing the right thing, saying we're shutting this shit down.

1:04:28Jane Doe felt dizzy due to a pre-existing medical condition causing dizziness combined with the effects of ketamine use. Male five or six, who apparently have the same name, quote, encouraged her to stay seated as long as she needed, end quote. Eventually, quote, male number one and male number four ushered Jane Doe out of the room, brought her upstairs to a small room, end quote. Male number one stated, let's do more ketamine, end quote. Jane Doe, quote, remembered snorting more ketamine, end quote, end quote, remembered feeling extremely high, end quote. Male number one, quote, said he wanted to have sex again because he wanted redemption for passing out earlier in the night, end quote.

1:05:10Jane Doe initially stated that she was tired and asked male number one, quote, what happened to just you and me, end quote. Can I tell you, this is the saddest line in the entire thing. This is sad. This girl obviously had the hots for male number one. She went over to that fraternity house wanting to hook up with him, possibly get this guy as her boyfriend. Who knows? Male number one is the one who introduced the idea of a threesome. Male number one was obviously blitzed out of his mind. Male number one allowed six other men to come into the room and appears to have been there the whole time, her so-called friend.

1:05:57And this woman who I'm just going to, you know, go out on a limb and guess possibly isn't the most attractive girl on campus, possibly just complete random stab in the dark has some history that made her particularly vulnerable. because I think most women, I can tell you for a fact, my daughter would never have herself in this position. She is too strong in her ego. Like she is too sound to ever make these decisions. And I think possibly this young woman may have been victimized in her past. There may have been some sort of insecurity issue. There was something there that made her continuously say yes to this as opposed to saying, what in the actual fuck, get the fuck off of me and walk out of there and say no to the ketamine and no to everything and no to 10 drinks earlier and no to all of it and think anything good is going to happen after 10 drinks showing up on the doorstep of a fraternity member.

1:06:57That's not to excuse them, but it's also not to excuse her. But this is the saddest thing. What happened to just you and me? This is where these guys really need to examine their own behavior that she wanted. She wanted a boyfriend, I think. Maybe she wanted to hook up. She clearly had a crush on this guy. Male number one has got a lot of soul searching to do. Why? Why was that your response? Why? Why was your instinct to take advantage of her and let her be had by all these men in your fraternity. It's despicable. It's just so filthy. It's, I mean, it's shameful. It's wrong. It's wrong. It's morally wrong.

1:07:43I don't, you won't find me disputing that, but it's not a crime unless certain legal boxes are checked and they're not here. Let me keep going. Jane Doe could not remember how it started, but she then engaged in a threesome with male number one and male number four involving oral sex and vaginal sex. She described her level of intoxication as quote, eight out of 10 at this point, quote, the threesome continued until at some point around 5.45 AM, Jane Doe said she was tired and needed to turn in. This is all in quotes. At that point, both guys stopped the threesome with her as far as she can remember, end quote.

1:08:28So she is communicating. She openly asks male number one, what happened to just you and me? And she remembers it. She couldn't remember exactly how it started, but then she knows she engaged in a threesome with that guy, male number one and male number four. She was very intoxicated because she said, sure, because she said, I've already done ketamine once, so why not do it a second time? Because she had 10 drinks before she even showed up there, because when handed that beer, when she arrived, she opened it and drank it. That's why she was so intoxicated. That's why she was eight out of 10 at this point, but communicating and then calling it a night.

1:09:11She said she was tired and needed to turn in. At that point, both guys stopped. They stopped. This is why the DA didn't bring charges. Everyone's talking about weight loss injections because the results can be so dramatic. They work by lowering blood sugar and reducing appetite. But what if you're looking to lose weight but are not interested in painful weekly injections, especially when you hear about some of those intense side effects? That's why doctors created a weight loss supplement called Lean, and the results could be remarkable. Lean says the studied ingredients in their product have been shown to lower your blood sugar, burn fat by converting it into energy, and curb your appetite and cravings so you are not as hungry.

1:09:53But listen, Lean is not for the casual dieter with only a few pounds to lose. The doctors at Brickhouse Nutrition created Lean for frustrated dieters with 10 or more pounds to lose. You could get started with 20 % off and free rush shipping, adding lean to your healthy diet and exercise plan. Visit takelean.com and enter MK for your discount. That's promo code MK at takelean.com. Let's talk about something that is not always the most comfortable subject, but it is incredibly important. Making sure the people you love have financial security. If something were to happen to you, life insurance, it can be easy to put off.

1:10:32We don't want to think about it, right? But just think about it for like a couple of minutes and you can get it taken care of. All right. Getting coverage does not have to be complicated. This is why you need to know about ethos. Ethos makes getting life insurance fast and easy. And the entire process is 100 % online. You can get a quote in seconds, apply in minutes and get same day coverage. There's no medical exam. You just answer a few simple health questions online and you can get up to 3 million bucks in coverage. And some policies are as low as$30 a month. So if you've been putting off getting life insurance, take 10 minutes and look into coverage through Ethos today.

1:11:06It could be an important step toward helping protect your loved ones and providing financial security for your family. Take 10 minutes to get covered today with life insurance through Ethos. Get your free quote at ethos.com slash MK. That's E-T-H-O-S dot com slash MK. Application times may vary. Rates may vary too. It's time to vote and President Trump needs you. He cut taxes, secured the border, and put American workers first. Inflation is going down. Jobs are going up. And the future is looking bright. DSA Democrats are so mad, they can't decide whether they want to abolish prison or put Trump there.

1:11:45Go to GOPvotes.org right now. Defend Trump. Defeat the DSA. Vote early right now. Paid for by SLF PAC. Not authorized by any candidate or candidate's committee. www.slfpac.org. I'm Megan Kelly. Every day on The Megan Kelly Show, we bring you the news, and this summer, we're bringing you something extra. Before I was a journalist, I was a lawyer. I've spent 20-plus years now covering crime and the law, so I built a true crime series that I always wanted to listen to. We're calling it MK Confidential, and there we cover cases that you've heard about, like JonBenet Ramsey, Shandra Levy, the DC Snipers, Scott Peterson, and some that you haven't.

1:12:27one case per week, five episodes, Monday through Friday. New episodes every weeknight. Search for The Megyn Kelly Show wherever you listen to podcasts and you will find MK Confidential.

1:12:57Maureen Callahan, Emily Drashinsky, Jesse Kelly, Real Clear Politics, and many more. It's bold, no BS news, only on the Megyn Kelly channel, Sirius XM 111, and on the Sirius XM app.

1:13:13Let me tell you about the law in New York State. Okay, it's just, I got my coffee here. Remember we talked about over the summer, five cups of coffee a day or up to, supposed to prevent dementia. Okay, I'm still drinking it. It's delicious.

1:13:35Also, while I'm remembering it, AFK, the slang is away from keyboard, at least according to some of the things online. So whatever, they seem to be suggesting he went up there and he's not back in that Snapchat screen grab, which by the way, was also released to her from one of the Kifi members. And I have to say, good for him. He was probably horrified when he saw it was on there and wanted her to know. And, you know, whether all of this could possibly amount to a civil case, it can't. But I share his disgust in reading the Snapchat. You know, I don't think the boys should be spared from embarrassment.

1:14:18It's not great to have the entire national media calling them gang rapists and all these celebrities. We've gone too far, of course, because we're very fucking pitchforky. But they did wrong in that Snapchat. And this is wrong. I mean, all this behavior is wrong, as I've conceded, but not illegal in my view. All right, let me tell you the law. Under New York State Penal Law 130.05, every sexual assault offense requires proof beyond a reasonable doubt that the sexual act was committed without consent of the victim. Without. As it relates to this case, this is from the DA statement. As it relates to this case, lack of consent can result from, now stay with me, number one, forcible compulsion by the actor.

1:15:06Number two, mental incapacitation of the victim. Number three, physical helplessness of the victim. Or number four, with certain criminal charges where the victim clearly expressed that she did not consent to the act. All right, we're gonna go through those. Under New York state law, forcible compulsion, writes the DA, requires proof of the use of physical force to compel someone to engage in sexual conduct. The facts provided by Jane Doe's statement do not allege that any person used physical force to compel Jane Doe to engage in sexual conduct. Can't we all agree to that? There's nothing. There's nothing.

1:15:40There's nothing in the CBS report that looked at the statements to cops. The ABC report that looked at the six page statement, the DA report that looked at the six page statement, the civil complaint that alleged forcible compulsion. that the civil complaint is alleging incapacitation. That's what they're alleging, not forcible compulsion. So that's number one, gone. The second one, possible way of getting to lack of consult, consent is mental incapacitation of the victim. Here's the DA. Under New York state law, mental incapacitation occurs when a victim is rendered incapable of controlling her own conduct.

1:16:21Stay with me. due to the administration of a drug without her consent, incapable of controlling her own conduct, which is its own independent element, due to the administration of a drug without her consent. And this is very clearly going for the rohypnol cases. The guy slips you a Mickey. You then pass out. He then rapes you. There it is. That's mental incapacitation. That's what New York's law is getting at with mental incapacitation. And the DA here says the facts provided by Jane Doe's statement do not allege that she was either rendered incapable of controlling her own conduct or that any drug was administered to her without her consent.

1:17:11Under New York state law, because the third the third prong possible way of proving no consent is physical helplessness. and this is important. Under New York state law, physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act. This is what they're going for, physical helplessness. They can't be going for mental incapacitation because the administration of the drug, it was not without her consent. I mean, I guess they can argue she consented, but she wasn't really consented because she was too incapacitated to consent. But that's not going to fly.

1:17:54If you look at that, we looked at the case law on this prong, mental capacitation, when you're rendered incapable of controlling your conduct due to the administration of a drug without your consent. And it really is speaking to when somebody else gave you the drug and you didn't consent to the drug at all, and then you were incapable of behaving in the way you'd want to behave. So physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act. This is truly the rehypnol scenario. You're, whatever, you're physically passed out. It doesn't have to be rehypnol.

1:18:35This is like, you drank so much, you passed out and you are all but dead to the world. And some guy gets on top of you and starts having sex with you, which is rape, because you're not consenting. You're so far gone, you don't even wake up. And that's what this is, that you are physically helpless, you're unconscious, or you're physically unable to communicate that you don't want this. So, I mean, that's very clearly rape. And what we have here is a situation where she was very high and very drunk due to the drugs she chose to take, the drinks she chose to have, and then is not alleging a situation when she sat down with police where she was incapable of controlling her own conduct.

1:19:29She was swatting away male number two as he reached for the vag. She was declining a foursome because she didn't want to do anal. She was calling it a night when, you know, the evening progressed too late or too early into the wee morning hours. She was making decisions. She was patting the one guy's back so that, you know, he'd feel better. She was saying, I'm waking up male number one to make sure he's okay. This is not somebody who cannot control her own conduct. Even the calling it a night, Even looking at male number one and saying, whatever happened to just the two of us, that is controlling your conduct.

1:20:12She is not unable to control her conduct. So she does not meet mental incapacitation, which is the third prong, where a victim is rendered incapable of controlling her own conduct due to the administration of a drug without her consent. Again, she had consented to the drug and she could control her own conduct. So they've got to go for physical helplessness. The fourth prong. And that only occurs when the victim is unconscious, which she wasn't, she doesn't even allege it, or physically unable to communicate unwillingness to act. She was able to communicate unwillingness to act. She said, I do not want to have a foursome.

1:20:49She pushed the guy's hand away saying, stop, I don't want you to touch the vag to male number two. She was checking on male number one. She was rubbing the back of male number two. She was able to communicate an unwillingness to act. She told them she wanted to call it a night and did not want to keep this rolling. So this is, you know, her own statement makes it clear that there's no way they're going to successfully bring charges. And the Snapchat, back to the Snapchat, it's nasty, free P word upstairs, it's fucking gross. but that doesn't make this any more illegal. Let me just put it to you this way.

1:21:34If you've got a loose woman, however you want to discuss, you know, choose your term. Sexually liberated, the left might say, upstairs saying, bring it on. You know, Bonnie Blue is up there. She's had sex with a thousand men in a night. That would be free P word upstairs and there would be absolutely nothing wrong if Bonnie Blue is up there saying, send him up. Trying to meet a record here with these guys. It'd be something morally disgusting about it, but there wouldn't be anything even arguably legally wrong with them going upstairs and doing that. And so the Snapchat messaging is gross. Don't defend it as a moral matter, but I can defend it as a legal matter because it doesn't say, let's gang rape Jane Doe.

1:22:19It seems to be telegraphing. There's someone up there who's ready, willing, and able to have sex with a lot of guys. And I can see why male number two thought that. I can see exactly why he thought that. Because she kept doing it. She seemed like a girl who wanted a party. Sure, snort the lines off my body. Go for it, new four guys. This is her statement we're getting this from. The boys have issued no statement. I don't think it's going to get better for her when the boys issue their statement. This is her statement. Sure, let's do lines off of my naked body. Why not with some more ketamine? Even though I know I already did it earlier, I'll sniff a line of ketamine off of your erect penis, okay?

1:23:13By the way, erect penis man is, I believe, male number two, free P word upstairs. I'm sorry, it's not nice, but you can see why he didn't have a belief about this gal, that she was the most demure, chaste woman at Cornell. I'm sad for this girl. I'm sorry for her. I think it got out of control because of the drinking that she had done. And there should have been somebody looking out for her in a perfect world. You know, I don't know, somebody, a tridel, a friend. But that's not the way real life works. And you go to college, you're coming of age. You're learning the rules of the world. You are learning what's dangerous and what's not.

1:23:55And I'm sad for this girl that she learned this lesson in such a hard way because she fell into the clutches of men who are immoral or at least were behaving immorally that night. That's an entirely different question than whether we should lock them up for 20-plus years. And that's just not what happened here. These guys thought they had a willing, happy partner who wanted to try something new, something subversive, who was asked, how about a threesome? and said yes and did not say, even by her own allegation, stop at any point with her body or her words when it came to the actual sex acts that she did engage in.

1:24:50Ultimately, she did, and they listened. Along the way, she did with the foursome, and they listened. this is a problem for her legally. The DA goes on, there is no evidence in her statement that she was unconscious or unable to communicate. And he points out the failure to remember certain events days later is not sufficient evidence of unconsciousness at the time. And he writes, finally, there's no evidence that her statement indicates she clearly expressed she did not consent. According to the statement, each time Jane Doe asked to stop the sexual conduct, the sexual conduct stopped. Thus, with no evidence of a lack of consent, criminal charges simply could not be sustained.

1:25:34To instruct otherwise would have been to violate any prosecutorial obligations under New York state law. And even the DA says here, while the behavior of certain Chi-Fi fraternity members was without question disgusting and morally reprehensible, the foundation of the criminal justice system is that criminal prosecutions must be based upon evidence, not emotion. As elected DA, I'm personally responsible for the decisions made by my office. The decision made in November of 24 that the evidence did not support the filing of criminal charges was legally correct. Individuals who are accused of committing a crime must be prosecuted based on evidence, not public opinion, especially not public opinion based on false information.

1:26:15However, recognizing that the process of healing from trauma is personal and different for every human, my office has reopened the investigation as described below. He adds below, I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them. Seeking justice sometimes requires us to reconsider or reopen cases when we are provided with additional evidence. That process obviously works better when the additional information comes directly from a witness, his or her representative, or the police, rather than through allegations set forth in a civil lawsuit, but getting to the truth is the goal in this case, and therefore he's convening a grand jury to look at all this.

1:27:02I'll tell you one other piece of this. There was at least one text between Jane Doe and one of the men involved in this. CBS News New York has obtained screenshots. And they report that the text messages were exchanged between the Cornell accuser, Jane Doe, and one of the men named in the civil lawsuit shortly after, they say, shortly after the alleged incident. The man, reports CBS New York, begins by apologizing for, quote, how things went down, end quote. He says his memory is, quote, kind of fuzzy, end quote, and that he and another man feel bad for being too intoxicated to, quote, shut it down and kick people out before it got way out of hand, end quote.

1:27:49Jane Doe reportedly replies that her memory is, quote, super clouded too, end quote, and says that they had all been heavily intoxicated. She also writes, quote, none of the sexual stuff was illegal, end quote. None of the sexual stuff was illegal. Now, again, the DA is not bound by that either. He'll determine what's legal and what's not because he knows the law and she doesn't. But this does not sound like the woman in the civil case now with she arrived totally incapacitated and then was gang raped repeatedly by, you know, hordes of derelict, disgusting Cornell University students. She's saying none of the sexual stuff was illegal.

1:28:38She continues writing. She liked being with him and another man. She liked it. I got money that this is male number one, the one she had the crush on, the one who opened the door for her, gave her a beer and was involved in the first incident and fell asleep on the bed and all that. She liked being with him and another man. Later, she suggests that they smoke together again, quote, but like leave out the extra 5 billion men in ketamine. She wants to get back together with him. She wants to have another interlude involving drugs, presumably marijuana, but not the ketamine, because I'm sure she is embarrassed and ashamed about where that led.

1:29:24And it sounds like he is too. She liked this guy. Again, what happened to just the two of us? Again, I'm just assuming it's male number one, but obviously there's a reason to assume it. Her lawyer, Thomas Jiffra, confirms to CBS New York, his client did exchange texts with one of the defendants soon after the incident. He could not, however, confirm whether these were the specific texts. He says she was intoxicated to the point of incapacity that night. She was traumatized and in denial and was trying to gather information. He argues she could not take an aggressive tone if she wanted answers.

1:30:01So this is her trying to work this guy for an admission, I guess, according to her lawyer. I don't believe that. Now, I do believe that rape victims sometimes don't fully process what happened to them until later. And I do know that some rape victims try to normalize what happened to them after the rape by talking about it in a way that diminishes its awfulness. It's a coping mechanism. You know, that is true. And I haven't ruled that out in terms of Jane Doe's statement to the investigators. But I mean, those statements, I just, we haven't heard an updated statement from Jane Doe. All we've heard is sweeping terms from her lawyer about how she was allegedly too incapacitated to consent.

1:31:01And what she's saying at the time is detailed statements in quotes and decisions that she says she made throughout the incident, as the DA said, in excruciating detail, that show she was not incapacitated out of her mind. I'll do the threesome, but not the foursome. I'm worried about that guy over there passing out or worse. He's asleep and male number one is the one I like. And so let's all wake up and make sure he's okay. Oh shit, male number two's throwing up or about to. Got to make sure he's all right. Do I want ketamine? I actually, yeah, why not? I tried it already. I'll do it. And I'll snort it off of male number two's erect penis.

1:31:42That's a detail we got from her. This just doesn't, it doesn't fly as the product of a woman who was completely incapacitated. And that's her only way forward. Her only way forward is to allege that. She's not even in her complaint that she's filed now, the civil complaint alleging anybody held her down. This is a forcible rape situation from that standpoint. She's alleging she was totally incapacitated and that they, she couldn't possibly have consented. Well, as I point out, the law under New York is if you're totally incapacitated because you took a bunch of drugs, they don't recognize that as sexual assault unless you get to the point of complete physical incapacitation, which means you're unconscious or incapable of speaking.

1:32:32And she does not allege that. She doesn't even allege that. We're not there. All right, now having said all of this to you, I want to talk to you about what is happening in the national narrative around this because it's genuinely sad. It's genuinely sad what's being done to these young men. They have a price to pay. I would submit it is in the pew with the Lord daily. daily. That's where I'd make my kid start. Not that one of my kids would ever do such a thing, but that's where it should start. You know, I mean, honestly, like talk to your kids, talk to your boys about how hopefully you've already lived this, but like literally say out loud to them, this family believes in leading with love in relationships.

1:33:32Say that. This family believes in leading with love in relationships, friendships, romantic relationships, intimate relationships. And every bit of our conduct should follow that credo. Cruelty, rudeness, casual nastiness, and certainly any forcible harm or violation of the criminal law would not be consistent with our family code, with what this family stands for, with what's important to us as your parents. As you go out there into the world, say it, say it, make them understand it's the family creed and you expect them to live up to it. Don't just leave it up to, maybe they'll glean it from the Sunday sermon, maybe their ethics class in high school will cover this, maybe just by loving your other spouse, they'll see it.

1:34:26No, say it, make them learn it. and pray that in a situation where derelicts at an Ivy League university in a fraternity are around them all making the wrong decision, your child will remember the family creed. That your family will be like the random man who's not been named as walking into the room and saying, we are shutting this shit down, putting an end to this fucking situation, wherever the fuck this is, he said. unfortunately it didn't stop there. He didn't actually shut it down because the third interlude came after that. But that's the prayer.

1:35:08But here's what's happening. All right. Because yes, there, you know, two have been expelled with which I have no problem because honestly, it's a terrible behavior and all the ketamine alone could probably get you expelled. And others temporarily expended. The media is running with the narrative of, oh, the boys were just told to write essays. That's not true. Cornell's issued a statement. The notion that an Ivy League university or any university in America would be, its instincts would be to go easy on the guys and dismiss the word of the woman as a nothing when it wasn't is just so absurd.

1:35:41These people, these actors, they haven't been covering these cases as I have and as so many on the right wing have for years. This has been a primary beat of mine since I was at the Kelly file and before. And let me tell you that Joe Biden and Barack Obama before him made it very clear that they wanted the rules under Title IX to be as as generous to alleged victims and as unfair to alleged defendants as humanly possible. Now, Trump righted that ship and just restored due process rights. But for years it was you weren't allowed to cross examine your accuser. You as a defendant male were not allowed to see text messages that she had sent right after the alleged rape.

1:36:29And then years later, if if a leak happened where the defendant got his hands on text by his alleged victim saying, ha ha, I fooled him into having sex with me. And now I'm accusing him of rape falsely. We'd go back to the university and say, what the fuck? You expelled me. You ruined my life. And here are these texts. And the universities would say, oh, we stand by our decision. And then boys would appeal it. You can appeal the decision up to a federal district court. But they would say, oh, you know, the standard is so deferential. We're going to let it stand. Guys lives have been getting ruined for decades.

1:36:59Over the university's instinct and inclination to immediately sign with side with a woman, the believe all women crews. So just stop. OK, even though Trump has restored some due process on college campuses, there is zero chance that Cornell was like, oh, we'll just make them write an essay. That is not happening at Cornell. No way. So they've paid a price, but the media, celebs, et cetera, wants them to pay with their freedom, with their lives. I'm going to give you a couple examples, okay? Okay. Here's Mariska Hargaday. She just hosted the Emmys with her daughter, who's 15, and had her breasts toppling out of her dress.

1:37:48Her daughter, her 15-year-old. Now she wants to lecture us on what should happen in a case like this. Quote, dear men and boys, if your friends tell you they're gang raping someone, call the fucking police. Yes, I think we should ruin the futures of adult men who drug and gang rape a woman. Thanks for asking. 57 men were in that fraternity group chat. 57, not one of them stopped it. Well, that's not true. Actually, two of them did go in there. One of them said we're shutting this shit down. But there is not a text with friends telling anyone they are, quote, gang raping someone. That does not exist.

1:38:22But you wouldn't know that if you just watch left wing media. Josh Gad, voice of Olaf and Frozen on Instagram. When we start setting a precedent that our girls and women can be brutally raped and the resulting disciplinary action is to hand out Chex Notes essays like it's Bart Simpson being a little rascal about why it was wrong to brutally violate an innocent girl. We've lost our fucking minds. At this point, it doesn't seem to matter if a woman accuses a president, a Supreme Court justice, a private university student or an athlete. There is no such thing as white collar rape. OK, this guy named Hudson Williams, star of heated rivalry on Instagram, writes as follows, quote, arrest them, fuck them and fuck Cornell, too.

1:39:04You don't know what you're talking about. Actress Jamila Jamil, best known for NBC's The Good Place on Instagram, writes, I think

1:39:25Come on. This is read the woman's statement, Jamila. Read it for yourself. Actress Florence Pugh of Little Women on Instagram. I'm processing quietly and watching everything and everyone and every man. You need to be leading conversations about how we can change the allowance and complicity of this behavior as much as we are. To Jane Doe, who bravely stood up, to the despicable college that chose to do the wrong thing, you are so unbelievably powerful, so strong-willed, and know that women everywhere are here to hold you and help you on your healing journey. I actually would love to help Jane Doe on her healing journey, and I believe she needs to be on one.

1:40:13I do. I'm sure this is extremely traumatic, what happened that night. And I think it's extremely traumatic because I think she consented. And I'm sure she's having to live with the shame and awfulness of that, of being treated like a piece of meat who didn't matter, who was basically just a fuck buddy by these guys at this fraternity. I don't blame her for being traumatized. I bet she really is. but that doesn't mean she gets praised as a national hero, folks. That is not the move here. Read the facts as she has alleged them. This is before we've heard from the boys. And since we often beat up on Sonny Hostin here, with good reason, let's face it, I will play her soundbite getting this right.

1:41:05Watch. And while this is something that we have to take very seriously, There is no way, according to her statement in 2024, that any prosecutor would have brought forth a case. Yeah, but she was intoxicated. How did she? Under New York law, again, under New York law, voluntary intoxication. If you voluntarily drink 10 beers and you voluntarily ingest ketamine, but that intoxication. That doesn't have anything to do with the fact that the guys attacked her, whether she's drunk or not. Well, according to her statement, she says she did. They did not attack her. Her statement in 2024. She my issues with this.

1:41:46She consented to the sexual activity. She consented to it according to her own statement in 2024. Now, I prosecuted sex crimes for 10 years. I believe women. I am not saying that we shouldn't believe her. But in 2024, she said some one thing. And now in 2026, she's saying another. Good for her. daughter's at Cornell right now, I think, or went to Cornell at least. On the other hand, here's AOC. Seven men drugged and gang raped a 20-year-old woman. They lured her in to a fraternity house. They drugged her with ketamine. They then posted to a group chat that she was incapacitated and seven men took turns gang raping her for seven hours.

1:42:40Their fraternity knew this was reported to Cornell University and after looking into this matter they expelled two of them and made the rest write essays as their form of punishment. I want to be clear that the culture of rape, sexual assault, and pedophilia is protected in elite institutions across the United States, and including Cornell University in this instance. Pedophilia, she's right. I mean, she actually has a point on that one. But the culture of rape is protected at universities. Again, refer to my earlier points. By the way, there is nothing on here about admitting that they drugged her.

1:43:33I've read you the entire thing. Free P word in alum PU. This is crazy work. Free. Blank went seven minutes ago and is not AFK at away from keyboard. I don't know. So fucking love Kifi. Kifi. The alumni shit is not a bit. First person POV, not a bit. Like you can walk in and whip it out. That's from mail number one. There's nothing on there about she's drugged or you can drug her. That's just lies. Those are lies. Here's Jake Tapper bringing up his own daughter to D.A. Matthew Van Houten. Sot, too. You know, I have a daughter. I can't imagine how mad I would be if a district attorney handled this case that way for my daughter.

1:44:23it's just do you not acknowledge that your office dropped the ball by not looking more into what happened i'm not saying i know what happened i'm just saying based on the document you had i want to know more about what happened and that's correct me if i'm wrong your job my job under the new york state constitution is to apply the penal law of new york state we are constrained by that law. Whether you agree with it, whether you think someone's conduct is morally repugnant or vulgar or disgusting, I'm still constrained by the law. Jane Doe remembered explicitly virtually everything that happened that evening.

1:45:08And the fact that Jane Doe retained an attorney, no one reached out to us. If she remembered more, if she had more insight in the last two years, that attorney knows very well how to contact my office to say she's dissatisfied with your decision. Let's sit down and talk. Good for him. Jake Tapper knows nothing. He knows absolutely nothing. Do a little research on the law before you try to avenge the women of America. You'd be so outraged at the DA. I think you'd be outraged at your daughter if you read her own statement that over and over she said, sure, sure, sure. It's a very sad case, but not for the reason the media will tell you.

1:45:55Tomorrow, we will be speaking with one of the lawyers or one of the defendants. We'll see you then. Thanks for listening to The Megan Kelly Show. No BS, no agenda, and no fear.

1:46:13National home security only alerts you after a break-in, and that's too late. SimpliSafe is changing that. Stop. This is SimpliSafe. Police are on the way. We don't just alert. We stop crime before it starts. SimpliSafe. Plan starting around a dollar a day. Save 50 % on your new system with professional monitoring at simplisafe.com slash SXM or with promo code SXM. Outdoor deterrence requires a SimpliSafe Active Guard outdoor protection plan starting at$49.99 a month. Visit simplisafe.com slash licenses for alarm license information. Tennessee 2012. Tyler Reddick here from 2311 Racing. And Bubba Wallace.

1:46:45You know what's the worst part of a race? A rain delay. Sitting around and waiting for the track to dry is dull. But instead of waiting, we hang out with Chumba Casino. Social casino slots, bingo, solitaire, plenty of fun to keep us entertained. So why let a rain delay slow you down? Play now at ChumbaCasino.com. Let's Chumba! No purchase necessary. VGW Group. Void where prohibited by law. See T &C's 21 Plus, sponsored by Jumbo Casino.