BARD - This Week's Biggest SCANDALS: Political Indictments, Diddy Appeal, & UFOs

**SPEAKER_1** (0:03)
This is Beyond A Reasonable Doubt with your hosts Mark Geragos and Gary Smith.

**Lauren Conlin** (0:10)
Hello, everyone. I'm Lauren Conlin, filling in for Gary Smith this week.
Sorry, Gary, I took over. Mark, I miss you. You've been layering. I mean, I know I can hear you.

**Mark Geragos** (0:22)
I had a fascinating week and I need you to bring me up to speed on all things that are not my case.

**Lauren Conlin** (0:30)
Oh, I can absolutely do that. Mark.

**Mark Geragos** (0:34)
I'll start off with one thing I know about, which is if I'm not mistaken, the DA's office in New York announced they are not retrying Harvey Weinstein, a fourth time for just command. Congrats, kudos to Jacob Kaplan, Teddy Geragos, Mark Agnifilo.
What a feather in their cap.

**Lauren Conlin** (0:57)
A hundred percent. They spoke outside to the press after the hearing and they made it very clear. This is a win for Harvey and they also, they can't help themselves. They had to add, this should have never happened again in the first place. You're like, okay, we know. But I will say, you know, people are less interested in Harvey, I think, at this point, until sentencing.

**Mark Geragos** (1:23)
Harvey, can you imagine what the difference 10 years makes? We talk about before Me Too, Me Too, and he clearly was the, I wanted to say poster child, but I would say poster man for Me Too.
Then I post Me Too era, and by the way, Arthur Idol gets a little bit of a slap on the back for hanging at the second time, and Judge Kamen's for getting it reversed the first time. So I let Teddy and Mark getting the victory lap for the nine to three for not guilty, and now the DA's office dismissing, which was the right thing, right?

**Lauren Conlin** (2:07)
Yeah, yeah, no, absolutely. But I will say people were less interested in hearing about Harvey after they were asking about Luigi, and I asked about Diddy also about his appeal. So they shut down the questions about Luigi. They're like, nope, nope, nope. Mark did kind of go into Diddy. Now, I would love for you to explain this because I had never heard this before.

**Mark Geragos** (2:29)
You have the tape. I would love for you to play it.

**Lauren Conlin** (2:32)
Let me, yeah, let me find it because he uses a phrase, and it's called, he refers this phrase as en banque.

**Mark Geragos** (2:40)
Yeah, en banque is when you, well, we'll see. I'm going to show you. So what is the latest, why don't you bring up everybody up to speed? Since we've got from Harvey, we're going to do the I.

**Lauren Conlin** (2:51)
To Diddy, yeah, so basically, Diddy, he appealed, and I mean, it's simple. He filed his appeal. There were oral arguments. I think, when was this? November, maybe? No, God, his oral arguments were recent.

**Mark Geragos** (3:08)
No, recently.

**Lauren Conlin** (3:09)
Yeah. I'm blanking on it. Maybe April were the oral arguments.
I think a lot of people thought that-

**Mark Geragos** (3:18)
A lot of people speculated it was going to be a very quick decision, but let's see what Mark wants to say.

**Lauren Conlin** (3:24)
It's not, clearly. But yeah, let me get the, let me get the-
What about Diddy? Are you expecting to hear back on the appeal soon?

**SPEAKER_4** (3:32)
It's a long time, right? I mean, it's a long time. I think the Court of Appeals is really kind of flummoxed by the issue. I mean, the judge presiding over the three judge arguments said a few times that we might have to go to what's known as en banc review, which is reviewed by the entire Second Circuit. I don't know if that'll end up happening, but it is taking quite a while before at the end of the day, what's the second circuit.
All right.

**Lauren Conlin** (3:59)
Thanks for coming.

**Mark Geragos** (4:00)
By the way, that's Jacob Kaplan that was on the right of Mark, Mark Agniffalo obviously, and behind him, Craig Rothfeld, one of the great prison consultants around there. What I think Mark is referring to is, I think most people who listen to Alexandra Shapiro handle the oral arguments. She was both on the trial team and also argued the case at the circuit. And most people, given the colloquy between the justices, the judges on the circuit, thought that the opinion would come out fairly quickly. It was just, was it going to be two to one? Either way, it was the argument. Well, here we are two, three months later, nothing. A bunk is if, rather than just the three justices, it's the entire circuit that would hear it. But that would be step two, unless there was some highly unusual intermediary. I don't think there was.