Cornell, Part 3: The Swatting, the New Texts, and Who Gets to Stay Anonymous
I said there was nothing left to talk about on the Cornell case. I googled it to make sure. I was wrong. Since we last recorded, one of the accused men's lawyers has moved to disqualify New York AG Letitia James over posts she made before she was appointed. Jane Doe was swatted. More of her text messages have been published. And Bill Maher wants to do away with Greek life entirely. Sarah Schmeiser and I are both criminal defense lawyers. We disagree about the recusal, we disagree about how much the new texts tell us, and we spend a good while on something neither of us has resolved: whether anonymity for accusers makes sense if it isn't also extended to the accused. This episode discusses sexual assault. Listener discretion advised. Chapters 0:00 Cold open 0:28 Nothing left to say about Cornell? Turns out, plenty 1:15 The motion to disqualify AG Letitia James 4:28 Judges, prosecutors, and different standards for recusal 8:50 "If someone asks you to step aside" 11:25 Vigilantism, and then the swatting 12:27 CLIP: CNN, Kaitlan Collins with Jane Doe's lawyer 13:37 Nobody can defend swatting 16:15 Who knows who Jane Doe is? 17:19 #IAmJaneDoe, and why I'd represent either side 19:20 Checking myself on victim anonymity 20:23 False accusers and the anonymity tension 21:52 Protect the accused, too 24:25 Arrest charges aren't charging decisions 26:45 The new text messages, read in full 28:52 What the texts do and don't tell us 30:04 Memory, hangovers, and the recorded phone calls 31:28 CLIP: ABC News on the recorded phone calls 33:24 Consent in the moment vs. what you learn later 34:59 The prostitution analogy 36:11 Bill Maher on what a gentleman is 37:03 CLIP: Bill Maher, "a gentleman" 38:07 Is that too much to ask of 20-year-olds? 40:08 Maher: ban Greek life 40:48 CLIP: Bill Maher on Cornell and Greek life 41:49 Hierarchy, single-sex structures, and abuse 44:57 Freedom of association vs. who pays for frat row 45:53 CLIP: Bill Maher on hazing 46:39 Peer pressure and calling out your own 47:40 Wrap-up Clips used for commentary and criticism:
CNN, "Inside 'Shocking' Swatting Incident and Death Threats Against Jane Doe in Cornell Rape Case"
ABC News, "Newly obtained phone calls between Jane Doe and two fraternity brothers"
Real Time with Bill Maher (HBO), "New Rule: Greek Out"
Avengers: Endgame (Marvel Studios), "Women Assemble" scene, 3 seconds, muted
