The Smerconish Podcast

The latest developments in the Cornell rape case raise a complicated question: When is someone too intoxicated to legally consent to sex? Michael breaks down New York’s rape laws, the controversial “voluntary intoxication” loophole, and why the distinction between being drugged, unconscious, and voluntarily intoxicated could make this case extraordinarily difficult to prosecute. Plus, new reporting on recorded phone calls involving the Cornell students and Michael’s conversation with listeners about whether New York law should change. Original air date 5 October 2026. Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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Today's Poll Question at Smerconish.com: Is America over-policed or under-policed? Michael explores a provocative argument from Malcolm Gladwell’s new book, "The American Way of Killing" (hear Michael's conversation with Gladwell on The Book Club Podcast later today): America may have too few police officers, not too many—and far too many people behind bars. Comparing U.S. cities with their European counterparts, Michael examines whether smaller police forces can actually contribute to more violence, while easy access to guns turns everyday disputes deadly. He also revisits the Second Amendment, the Heller decision, and Gladwell’s argument that Americans have misunderstood the amendment’s original meaning. Listen in, then vote! Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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With the 2026 midterms just weeks away, Mark Halperin joins Michael to break down the battle for control of the House and Senate—and why races in places like Kansas and Iowa deserve attention. They also revisit the Bernie Sanders–AOC 2028 idea, discuss Kentucky Governor Andy Beshear’s presidential potential, and examine Donald Trump’s stakes in the midterms. Could the political map be shifting faster than Republicans expected? Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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Today's Poll Question at Smerconish.com: Will the renewed investigation at Cornell result in any criminal convictions?
Michael revisits the Cornell sexual assault case with new information now in the public record, including reporting on Jane Doe’s statements, text messages, the university’s Title IX process, and the district attorney’s decision not to initially bring charges. While acknowledging the disturbing conduct described in the case, Michael explains why he still believes the contradictions and the high burden of proof could make criminal convictions difficult to obtain. Listen, then cast your vote at Smerconish.com - and be sure to rate, review and share this podcast. Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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New details have emerged in the Cornell rape case, including reporting about Jane Doe’s statements to police, text messages after the alleged incident, and Cornell’s Title IX investigation. Michael is joined again by NBC News legal analyst Danny Cevallos to examine what the new information means for the renewed criminal investigation — and why, in Danny’s view, prosecutors may not be able to “unring the bell” when it comes to statements already in the record. Original air date 1 October 2026. Hosted by Simplecast, an AdsWizz company. See https://pcm.adswizz.com
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