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The Daily

Tuesday, Nov. 7, 2017

The Daily

The New York Times

News, Daily News

4.3107.6K Ratings

🗓️ 7 November 2017

⏱️ 23 minutes

🧾️ Download transcript

Summary

A domestic violence conviction should have stopped Devin P. Kelley from purchasing guns, including the rifle used in a shooting that left at least 26 people dead at a church in Sutherland Springs, Tex. We look at why it didn’t. Also, a pattern is emerging between President Trump and the court system. Guests: Dave Philipps, who covers veterans and the military for The New York Times; Adam Liptak, who covers the Supreme Court, in conversation with Sabrina Tavernise. For more information on today’s episode, visit nytimes.com/thedaily.

Transcript

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0:00.0

From New York Times, I'm Michael Barbaro. This is The Daily King.

0:09.0

Today, a domestic assault conviction should have stopped Devin Kelly from purchasing the rifle he used in the Texas Church.

0:18.0

Why it didn't?

0:20.0

And the President versus the courts.

0:24.0

It's Tuesday, November 7th.

0:33.0

Dave, yesterday we learned that the shooter at the church in the southern

0:37.3

and spring's Texas, Devin Kelly, was a member of the Air Force.

0:41.0

What are we learning about the circumstances under which he left the Air Force?

0:46.0

So he wasn't in the Air Force for very long. He joined in 2009.

0:50.0

Dave Phillips covers the military for the times.

0:53.0

And by 2012, he was in deep trouble.

0:57.0

He'd been court-martialed for assaulting his wife and his steps on his infant steps on and actually broke the baby's skull.

1:07.0

What more do you know about the assault?

1:11.0

We know that he fled guilty, said that he did it intentionally.

1:16.0

He served 12 months or at least was sentenced to 12 months of detention.

1:21.0

And then afterwards, he was kicked out with what's called a bad conduct discharge, which is next to the worst discharge you can get.

1:29.0

It's one above dishonorable.

1:35.0

So just to be clear, after this alleged conduct towards his wife and stepson,

1:42.0

he is sentenced to 12 months within the military system and he is discharged with bad conduct.

1:53.0

Did he have a different kind of criminal record because this played out inside the military than it would have if it had been a civilian system?

2:01.0

I think so. I think to a large extent, the civilian world doesn't really understand and communicate well with the military court system.

2:10.0

So in this case, he was charged with what in the civilian world we would have called felony level assault.

...

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