Alex Jones Obliterated on Cross Because His Lawyer Sent His Cell Phone to Opposing Counsel — Transcript
Full transcript
- 0:00here's a legal pro tip if you admit to
- 0:02opposing counsel that he's having a
- 0:03perry mason moment while cross-examining
- 0:05you this is your perry mason moment well
- 0:08you're probably screwed and that is
- 0:10exactly what happened to alex jones alex
- 0:12jones got so skewered on
- 0:14cross-examination that the writers of
- 0:16law and order said it was too
- 0:17unrealistic for the show now to say that
- 0:19this defamation trial by some of the
- 0:21sandy hook families against alex jones
- 0:23is going poorly for jones is quite the
- 0:26understatement now to recall how we got
- 0:28here jones is already in hot water this
- 0:31trial is only over damages how much
- 0:34jones is going to have to pay these
- 0:36families because he and his lawyers
- 0:38engaged in so many discovery abuses that
- 0:41the judge sanctioned him gave him
- 0:43effectively terminating sanctions where
- 0:44he had to concede liability jones lost
- 0:47the case and the sandy hook plaintiffs
- 0:49won by default that's how abusive they
- 0:52were during discovery but that takes us
- 0:54to the viral video that you might have
- 0:56seen clips of where the plaintiff's
- 0:58attorney mark bankston absolutely
- 1:00destroys alex jones on cross after just
- 1:03setting him up for
- 1:05a gigantic fall so let's take a look
- 1:08one of the things you talked about
- 1:09yesterday is you complied with discovery
- 1:11right
- 1:14you said that on the witness stand
- 1:15that's one of the things i talked about
- 1:17i mean jones did not actually comply
- 1:19with discovery but i guess now they're
- 1:20saying after all the sanctions they have
- 1:23uh upheld all of their obligations okay
- 1:26one of the things that you were ordered
- 1:27to do in this lawsuit
- 1:30your order to turn over any text
- 1:32messages in the gene sandy hook right
- 1:35yes yeah so
- 1:37probably the very first request that the
- 1:39plaintiffs would have made is
- 1:41any documents that mention the phrase
- 1:43sandy hook or refer to the events of
- 1:45sandy hook that jones possesses this is
- 1:48discovery 101 these are the kind of
- 1:50requests you're going to make and you
- 1:51didn't have any
- 1:52right not that we can find now that's a
- 1:56bit of a cop-out by jones he's saying
- 1:59you know might have had them but we
- 2:00couldn't find them
- 2:01that doesn't get out of his obligations
- 2:03because you have to do a reasonable
- 2:05search and your lawyers have to make
- 2:07sure that you do a reasonable search to
- 2:08find responsive documents and and you in
- 2:11fact told me in not needing your
- 2:13testimony sworn testimony before coming
- 2:15to this courtroom you searched right i
- 2:17did okay all right so bankston has set
- 2:20this up you've testified that you didn't
- 2:22have any uh sandy hook related texts and
- 2:25that of course you did a search for them
- 2:28it's
- 2:29all downhill from here for for jones do
- 2:31you remember were you here for mr
- 2:33shorter yesterday oh yes okay you
- 2:36remember what owen said the company has
- 2:38learned from its mistakes about sandy
- 2:40hook you remember that oh i did hear you
- 2:43say that you agree with that
- 2:45yeah we certainly learned from our
- 2:46mistakes got a lot better okay
- 2:49mr jones i'd like to show you what's
- 2:50been mark's plan
- 2:51one third
- 2:55you've got it upside down
- 2:58that's text messages between you and
- 3:00paul watson isn't it
- 3:02yes and they mention sandy hook don't
- 3:04they
- 3:05yeah let us move 130 into evidence all
- 3:08right so this is the kind of stuff you
- 3:09never see in movies it's uh the meat and
- 3:11potatoes of litigation it's kind of the
- 3:13boring stuff you're laying foundation
- 3:15that this document is what it purports
- 3:16to be uh this witness has verified it
- 3:19and then you're moving it into evidence
- 3:21but so far seems pretty routine uh we're
- 3:24about to find out why that is not the
- 3:26case and it is a brilliant act of
- 3:28setting everyone up for a fall here
- 3:34the judge asks any objections no why
- 3:36would there be any objections this is
- 3:38probably just one of the millions of
- 3:39documents that were turned over
- 3:42plaintiffs 130 is admitted no objection
- 3:46so uh the opposing counsel uh doesn't
- 3:48quite uh understand what this document
- 3:50is at this point and so he waves any
- 3:52objection he might make to entering this
- 3:54particular document into evidence now
- 3:57jones has been screwed let's zoom in on
- 3:59the little article up in the corner
- 4:01i'm going to walk over this to you
- 4:03someone kind of pointed i know it's a
- 4:04little hard to read you might be able to
- 4:05read a little better on your screen but
- 4:07this is a zoom of mr watson has sent you
- 4:10a screenshot from infowars.com correct
- 4:17and it says staged
- 4:20video shows hospital using dummies in er
- 4:24for coronavirus footage i believe so
- 4:26let's go to the first message for mr
- 4:27watson read along with me mr jones he
- 4:30says this is a video sergeant so no
- 4:33problem take your time
- 4:36man jones has a nasty cough i guess he
- 4:38needs to take more of those supplements
- 4:40that he hawks on his channel you may not
- 4:42think it's a problem and it's reeling
- 4:43sure mr watson says this is a video of a
- 4:46medical student trying to intubate
- 4:49makes us look ridiculous suggesting this
- 4:52means kovid is fake
- 4:54sandy hook all over again
- 4:58i'll read that correctly yes
- 5:00there was a next message
- 5:02what did you tell mr watson
- 5:04i get it
- 5:05what has happened is this is something
- 5:07that has taken place after all of the
- 5:09sandy hook related communications
- 5:11one of his employees says that we
- 5:13shouldn't publish this because it makes
- 5:15us look stupid and it's evocative of
- 5:17what happened during the sandy hook
- 5:19stuff and jones says i get it everything
- 5:22jones has said up until now is basically
- 5:25a lie and it also shows that jones and
- 5:27his attorneys never actually searched
- 5:29for responsive communications so being
- 5:32caught in that particular lie and
- 5:34falsity is going to be much much worse
- 5:37than if they had just turned over these
- 5:38documents in the first place and that is
- 5:41why you comply with discovery but let's
- 5:42see
- 5:43how the knife gets twisted mr jones it's
- 5:45true
- 5:47that this article is right now
- 5:49live on infowars.com hold up right
- 5:53i've never seen this text message
- 5:56i guess you guys got polls my phone
- 5:58didn't save them so that's all right
- 6:00your phone didn't say the second one i
- 6:02told you guys i gave it the i gave it to
- 6:03the lawyers who said they drain the
- 6:05phone they didn't find that stuff
- 6:06[Applause]
- 6:08yeah and now he's trying to throw his
- 6:09lawyers under the bus uh that uh must
- 6:12not have been on my phone i searched my
- 6:14phones and i turned stuff over to
- 6:15lawyers if you didn't have this it's
- 6:17because of the lawyers that's not going
- 6:19to go as planned
- 6:21they were supposed to find it so that's
- 6:22what that's your testimony no i
- 6:24certainly should as well i don't know
- 6:25it's going to stay in there
- 6:27i mean i just i turned the phone over
- 6:29and said take stuff off can i have you
- 6:30look in the very bottom below the
- 6:33very bottom left corner
- 6:35is that the phone number
- 6:37yes so you did get my text messages
- 6:40and they said you didn't nice trick
- 6:44yes mr johnson
- 6:46indeed the lawyer can't help himself
- 6:49because he knows what the next question
- 6:50is going to be
- 6:51alex jones is trying to uh to run this
- 6:55really fine line where uh
- 6:57yes he held stuff back he got sanctioned
- 7:00so badly that he lost the liability
- 7:01phase of the trial he thinks it's safe
- 7:03to say well i couldn't have possibly
- 7:05held it back if you have all of these
- 7:07text messages
- 7:08but now the final phase of the trap is
- 7:10just about to be sprung you didn't give
- 7:12this text message to me you don't you
- 7:14don't know where this came from do you
- 7:15know where i got this no 12 days ago
- 7:18your attorneys messed up and sent me an
- 7:21entire digital copy of your entire cell
- 7:24phone with every text message you've
- 7:27sent for the past two years and when
- 7:30informed
- 7:31did not take any steps to identify it as
- 7:33privileged or protected in any way and
- 7:36as of two days ago it fell free and
- 7:37clear into my possession and that is how
- 7:40i know you lied to me when you said you
- 7:42didn't have to text messages about
- 7:43saying okay did you know that
- 7:45i see i told you the truth this is your
- 7:47perry mason moment i gave them my phone
- 7:50and then mr jones you need to answer the
- 7:52question
- 7:54so
- 7:55normally there's some professional
- 7:57courtesy amongst lawyers where you're
- 7:59not going to just absolutely destroy
- 8:01them and throw them under the bus here
- 8:03uh the lawyers is throwing jones and his
- 8:05attorneys under the bus i've never heard
- 8:08of something this inflammatory coming
- 8:10out against another opposing attorney
- 8:13during the course of a trial the lawyer
- 8:16screwed up and sent an entire copy of
- 8:18jones's phone
- 8:20to opposing counsel and then didn't claw
- 8:23it back there are a million things that
- 8:24you can do to claw that back the lawyer
- 8:26didn't do that as a result alex jones is
- 8:29on the stand just getting destroyed
- 8:32being shown that everything he's talked
- 8:33about is a lie that um they tried to
- 8:36continue to hide information from the
- 8:39plaintiffs
- 8:41and it's only because of this
- 8:42inadvertent disclosure that they finally
- 8:44got the documents that they had been
- 8:45entitled to this entire time the jury is
- 8:47hearing all of this and they're finding
- 8:49out how much of a liar and fabulist alex
- 8:53jones is if they didn't know already but
- 8:55also that there are shenanigans as well
- 8:58and
- 8:59during the course of trial uh not only
- 9:02the witnesses credibility but the
- 9:03lawyer's credibility is everything and
- 9:05once you lose that credibility you're
- 9:07probably screwed because the jury will
- 9:09find ways to uh award people that they
- 9:12believe and punish people who they don't
- 9:15believe oh and and by the way it's of
- 9:17course impossible to prep a witness like
- 9:19alex jones to be an effective advocate
- 9:22on the stand
- 9:23um but man you gotta know just the
- 9:26basics of self-preservation don't tell
- 9:29the cross-examining attorney that this
- 9:30is his perry mason moment it kind of
- 9:33signals to the jury that you're getting
- 9:35screwed uh and you deserve to be screwed
- 9:39no i didn't know this happened but i
- 9:40mean i told you i gave him a phone over
- 9:42and just said justin
- 9:44you said in your deposition
- 9:47you searched your phone
- 9:48you said you pulled down the text did
- 9:51the search function for sandy hook and i
- 9:53had several several different phones
- 9:55with this number but i did yeah
- 9:57of course i mean that's why you got it
- 9:59there's all kinds of things that can go
- 10:01wrong in discovery but the easiest the
- 10:04absolute easiest thing that you can do
- 10:06as a client or as a lawyer is to do a
- 10:08word search and when the entire trial
- 10:11revolves around the the phrase sandy
- 10:14hook the absolute bare minimum the the
- 10:18the necessary thing that you have to do
- 10:20is do a word search for sandy hook and
- 10:22it's very clear that if they had done
- 10:24this absolute minimum fundamental thing
- 10:27this text would have been found and it
- 10:29would have been turned over to the other
- 10:31side but they
- 10:32clearly didn't do that mr johnson that's
- 10:35not what happened
- 10:36my lawyer said it to you but i'm hiding
- 10:38it okay mr jones
- 10:41mr joseph just answered questions
- 10:44there's no question mr banks can also
- 10:47only ask questions sure and a little bit
- 10:49of foreshadowing here
- 10:52this is really underselling what
- 10:54happened between the two lawyers that uh
- 10:57the opposing counsel the defense
- 10:58attorney
- 10:59um
- 11:00sent
- 11:01the full copy of jones's phone is just
- 11:03the tip of the iceberg he actually sent
- 11:05way
- 11:06way more than that to opposing counsel
- 11:08effectively probably the entire case
- 11:10file from the defense to the plaintiffs
- 11:13just absolute malpractice and we're
- 11:15going to get to that because that is if
- 11:17you can believe it even juicier than
- 11:20this cross-examination is uh is
- 11:22indicating mr dunce in discovery you
- 11:25were asked do you have sandy hook text
- 11:28messages on your phone and you said no
- 11:30correct i mean i was mistaken i was
- 11:32mistaken but you've got the messages
- 11:34right there you know
- 11:37i just want to make sure you know before
- 11:38we go any further you know what it is
- 11:40yes i do i mean i'm not a tech guy i
- 11:42told you i gave in my testimony the
- 11:45phone to the lawyers before whatever and
- 11:47and so you've got my phone but we didn't
- 11:49give it to you
- 11:50please remember if you need to do a
- 11:51certain amendment you can't i mean you
- 11:53can't do that
- 11:58that you
- 11:59personally searched your phone for the
- 12:02phrase sandy hook and there were no
- 12:04messages you said that on your own yes
- 12:08no i did not lie
- 12:09and here the plaintiff's attorney is
- 12:11kind of guilting the lily a little bit
- 12:12he's has now absolutely established that
- 12:15jones uh said he did a search uh for the
- 12:18the word sandy hook uh and that he
- 12:20previously testified that he did not
- 12:22have any of those communications which
- 12:24we now know is absolutely not the case
- 12:27jones tries to backpedal by saying look
- 12:29i was mistaken i had many phones uh but
- 12:32uh i thought that was true at the time
- 12:34but that seems extraordinarily unlikely
- 12:37under the cross-examination that we just
- 12:38saw because again you're trying to
- 12:40impugn the witness's character and show
- 12:42that the witness is a liar so as mr
- 12:45bankston has done here you teed up with
- 12:47a prior inconsistent statement and then
- 12:49show them either the evidence uh or the
- 12:52prior statement that is contradictory to
- 12:54what they previously testified to so
- 12:56when i saw this clip i was flabbergasted
- 12:58how in the world did this happen how did
- 13:01these documents get turned over after
- 13:03years of being hidden by alex jones and
- 13:06his attorneys well luckily the court
- 13:09held a full hearing on this matter to
- 13:12discuss
- 13:13jones's counsel finally moved for a
- 13:15mistrial the day after this testimony
- 13:18came out now this hearing did not go
- 13:21well so let's dive into this hearing
- 13:23because uh from a seasoned litigator i
- 13:25think this is actually even more
- 13:26interesting than the original
- 13:28cross-examination uh so jones's attorney
- 13:30is asking for a mistrial effectively
- 13:32he's saying that the uh malfeasance from
- 13:35the other side is so terrible that we
- 13:36need to end this trial and do it over
- 13:38again so how in the world did this
- 13:40happen well let's hear it straight from
- 13:42andino reynald the defense attorney's
- 13:44mouth a couple weeks before trial a file
- 13:47transfer link was sent to
- 13:50the plaintiff's attorneys specifically
- 13:52mr bankston
- 13:54that link
- 13:56linked up a lot of files that shouldn't
- 13:57have been connected to it okay so he's
- 13:59saying that a link was sent probably a
- 14:01dropbox link containing some documents
- 14:03that needed to be turned over to the
- 14:05plaintiffs apparently that link
- 14:06contained much much more than was
- 14:08intended he said i take it this was sent
- 14:10in error and i responded to him and i
- 14:12said it it has been sent an error please
- 14:15disregard the link i will work on
- 14:17preparing a new one okay so we hear from
- 14:19the defense attorney that the
- 14:20plaintiff's attorney did notify him that
- 14:23the production had been made and it was
- 14:25probably in air that's super bad news
- 14:28for the defense attorney because if
- 14:30you've been notified and you don't do
- 14:32anything to claw it back uh well then
- 14:34you're probably screwed which spoiler is
- 14:37what happens here i mean we have a
- 14:39situation here which is akin to to me
- 14:42mistakenly giving him the key to a room
- 14:45and you know he opens the door to the
- 14:47room and instead of finding what he
- 14:48expected to find he sees other doors and
- 14:50he recognized that and told me i don't
- 14:52think he meant to give me this key
- 14:54and i said please throw it away
- 14:56apparently at some point thereafter um
- 15:00he said you know what i'd kind of really
- 15:01like to see what's behind those doors
- 15:03this is an interesting argument and he's
- 15:05doing probably a good job of trying to
- 15:06paint the plaintiff's actions in the
- 15:08worst possible light because that's what
- 15:10you're going to need to convince the
- 15:11judge to claw back all of these
- 15:13documents he's saying that the
- 15:15plaintiff's attorney abused
- 15:18the inadvertent production went
- 15:20rummaging around in all of these
- 15:21documents and found what was good for
- 15:24his case
- 15:25and i guess didn't notify or destroy the
- 15:28documents once they were in his
- 15:29possession
- 15:30and
- 15:31that's why we're here seeking protection
- 15:33under the texas rules of civil procedure
- 15:35as well as the court's confidential
- 15:38reality order so here's the relief that
- 15:40the defense attorney is looking for he's
- 15:41asking for a protective order to stop
- 15:43disseminating the documents to claw them
- 15:45back to assert privilege and to destroy
- 15:47uh those documents that have been
- 15:49inadvertently turned over to the
- 15:50plaintiffs you're right i'm just gonna
- 15:51start unsending these one by one he
- 15:53wrote unsend you keep sending the word
- 15:55unsend unsend unsend unsent please do
- 15:58not read i'm begging you yeah i hate to
- 16:00be
- 16:01put into this position by the conduct
- 16:04of
- 16:05plaintiff's council and of course he is
- 16:07trying to blame plaintiff's attorney for
- 16:08this mess uh not he himself the one that
- 16:11inadvertently produced all this stuff
- 16:13and and that's why in addition to the
- 16:15request that they
- 16:17delete the information from their
- 16:18servers and delete the link um we're
- 16:22also requesting at this point
- 16:23unfortunately a mystery and now we hear
- 16:25from the plaintiff's attorney and hear
- 16:26his side of it first let me just go
- 16:28through the facts that clara said
- 16:32it was this link of materials was sent
- 16:34to me it was sent to mr ogden it was
- 16:37sent by a mr reynolds legal assistant ah
- 16:40okay so this link was sent not by uh
- 16:43defense attorney andino reynald but
- 16:45actually by his legal assistant i think
- 16:48that legal assistant has probably been
- 16:50fired uh an easy mistake to make but
- 16:53it's a mistake that you absolutely
- 16:55cannot make as i informed mr reynold
- 16:58we started downloading those materials
- 17:00we i i was busy on chopra i told my
- 17:02paralegal get these on our server
- 17:04download everything now all right a
- 17:06little bit after you down gets this
- 17:08stuff downloading
- 17:09it's like wait a second this file that
- 17:10we now have on our server is has
- 17:12clogged up our entire server it's like
- 17:14300 gigs what's going on okay so the
- 17:17plaintiff's lawyer does what probably
- 17:18anyone would do you get a link and you
- 17:20start downloading it and then only once
- 17:22you've started downloading it do you
- 17:23realize that it's a huge production 300
- 17:26gigabytes and you probably don't know
- 17:29what's in that link until you've
- 17:31downloaded everything but it's it's so
- 17:33big that it's actually clogging his
- 17:34servers which is hilarious uh well not
- 17:37for jones's attorneys though mr reagan
- 17:39will actually block quotes 130 193
- 17:42through 2d
- 17:43so i know he knows how to read it but he
- 17:45still hasn't done
- 17:46at the moment he is up here requesting a
- 17:48mistrial because he hasn't followed the
- 17:50rule even today late has not followed
- 17:53the rule the rule requires
- 17:56that production is any privilege his way
- 17:58okay this is easy to miss but this is
- 18:00the most important part the plaintiff's
- 18:02attorney is referring to briefing he's
- 18:04saying that the defense's brief is
- 18:06citing a part of the texas rule of civil
- 18:08procedure about inadvertent disclosure
- 18:10and he's saying
- 18:11i know that opposing counsel the defense
- 18:13attorney is able to read because he is
- 18:15citing to the operative part of the
- 18:17texas rule of civil procedure
- 18:19but it actually is very very bad for him
- 18:21and he talks about the actual standard
- 18:24what happens when you make an
- 18:25inadvertent disclosure lawyers write
- 18:27these rules so
- 18:29obviously they're going to make it so
- 18:30that if you inadvertently disclose
- 18:32something there's a way to get it back
- 18:33any privilege is waived
- 18:35if within 10 days
- 18:38or if you order a shorter time but
- 18:39within 10 days the producing party of
- 18:42when they actually discovered so 10 days
- 18:44from the moment i told them
- 18:46that they identify specifically the
- 18:49material or information produced and
- 18:51state the privilege assertive
- 18:55i have not heard any privilege
- 18:57i've never heard a privilege asserted
- 18:58over any document so the plaintiff's
- 19:00lawyer points out that he notified
- 19:02opposing counsel of the disclosure
- 19:04opposing counsel didn't do anything he
- 19:07didn't supplement his production he
- 19:09never asserted privilege that means all
- 19:11of these documents all 300 gigabytes of
- 19:14documents are fair game and the
- 19:16plaintiff's lawyer is probably right but
- 19:19even more important than that is all of
- 19:20the stuff in there he cannot now come
- 19:22into court and claim 2.3 gigabytes of
- 19:25phone material blanket designation of
- 19:27confidentiality the protective order
- 19:29prohibits them you must identify
- 19:31specifically the documents that are and
- 19:33and things like like mr jones and his
- 19:36intimate messages with roger stone are
- 19:38not confidential then the plaintiff's
- 19:40lawyer explains that the defense uh not
- 19:42only failed to uphold their obligations
- 19:44under 193.3 uh but they didn't comply
- 19:47with the court's protective order that
- 19:49the court can put in additional rules
- 19:51that govern the disclosure of
- 19:53information they didn't follow that
- 19:55they didn't supplement their production
- 19:57so
- 19:58even the email that says please
- 19:59disregard that link i'll send you
- 20:01another link he didn't even follow
- 20:02through with that
- 20:03and oh by the way
- 20:05the vast majority of these documents
- 20:07are not privileged and should have been
- 20:09disclosed years and years ago so i don't
- 20:12think that you have complied with the
- 20:14protective order
- 20:16i will let you
- 20:18do so now
- 20:20if there are documents and you would
- 20:22like to mark them as confidential and we
- 20:24can go through the process
- 20:26and i can review them and make a
- 20:28decision but i'm not going to seal the
- 20:30entire
- 20:32quantity of information
- 20:34without knowing what's in it when the
- 20:35rules weren't followed properly it's a
- 20:38tremendous amount of information here
- 20:40i know the problem is it probably should
- 20:43have been disclosed
- 20:44a year ago or longer and then there
- 20:47would have been plenty of time told
- 20:48through all of it and in the end the
- 20:50judge doesn't see all these documents
- 20:52she allows the defense to try to assert
- 20:54privilege she recognizes that the vast
- 20:56majority of these documents are not
- 20:58privileged and should have been turned
- 21:00over and then of course the defense's
- 21:01prior discovery abuses come back to bite
- 21:03them again because how in the world are
- 21:05they going to
- 21:07actually assert privilege or review 300
- 21:09gigabytes worth of files in a couple of
- 21:11days while at trial
- 21:13but the judge
- 21:15doesn't have any sympathy she says that
- 21:17this stuff should have been turned over
- 21:18and the reason that they're in this
- 21:19position is because of their own
- 21:20malfeasance and the lesson here that
- 21:22clients learn time and time again is
- 21:24don't hold back discovery don't engage
- 21:27in discovery abuses or stuff like this
- 21:29is going to happen oh and one more thing
- 21:32at the end of the trial the plaintiff's
- 21:34lawyer lets the judge and opposing
- 21:36counsel know
- 21:37that law enforcement is requesting these
- 21:40documents and not only law enforcement
- 21:42but in particular the january 6
- 21:44committee is very interested in these
- 21:47documents and he's going to turn them
- 21:49over to that committee so it looks like
- 21:51that is just the beginning of alex
- 21:53jones's legal worries and you'll be able
- 21:55to read all about alex jones's future
- 21:57civil and criminal legal issues in
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- 22:27learned all about brittany griner's nine
- 22:29year sentence in russia zombie pigs who
- 22:31were brought back to life no that's not
- 22:33about alex jones and nancy pelosi
- 22:35landing in taiwan it's basically exactly
- 22:38the mix of news that i'm actually
- 22:39interested in and it's all the stuff
- 22:41that i didn't even know that i wanted to
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