preliminarily says he was not killed by the knee on the neck.

So if the knee on the neck didn't kill him and there were four officers there, none of them seemed to be protesting what anybody else was doing, that suggests that they probably all thought they were doing something close to the procedure.

Now can you put a knee on somebody's neck and have two other officers hold them down if they were resisting arrest? Which by the way is not in evidence. So far there's no evidence that George Floyd was resisting arrest. That's not in evidence. But later if it became in evidence, suppose the missing video, the few minutes just before the police took him down, suppose we suppose somebody finds that and suppose it looked like there was some resisting. If there was resisting just moments before, the three of them were trying to hold him down, then it's going to look a lot closer to they followed procedure.

Because remember then the knee on the neck, it didn't kill him. Whatever it was was probably a combination of things which the police would not necessarily know was happening.

Now the next thing you say to yourself is but Scott, he was saying you're killing me. He said it directly, repeatedly. The witnesses heard it. How in the world did the police not give him help when he's saying I can't breathe, I'm dying? I don't know. But I would ask you this: How often do the police hear that kind of complaint? My guess is that it's common, and maybe they've just learned not to take it seriously unless they see a little bit more evidence that it's real.

So suppose they just didn't take it seriously. They didn't kill him by putting their pressure on the neck. This is all just suppose. I'm not saying it's true. Everything could change. It looks like maybe they were just dumb. They thought they were following the procedures and they should have been a little bit more aware of the situation. So it's going to look like stupidity.

What about the autopsy? The autopsy seems to have ruled out intentional murder because if it had been intentional murder we would have a specific cause. Oh you did this. But not necessarily. That third-degree murder which is more closer to manslaughter. So is manslaughter ruled out? No, because just because they didn't kill him on the neck part, the totality of what they were doing apparently did kill him. Unless it was the biggest coincidence in the world and he died, you know, nobody thinks he died just coincidentally at that very moment from natural causes. So manslaughter still in, and stupidity is still in.

What about the fact that they did everything they did in front of witnesses who had phones? If you are planning, if your mind was on murder, would you do it in front of witnesses casually, all four of you casually while they have their phones out? No, no. Not in any world would they be thinking murder.

So I think you could eliminate. In fact the charges, the charges do not have in them any element of intention. So intention is not even part of the charges. And then there's this part that we just learned that there were three cops on top of him. Why do you ever have three cops on top of you if you are cooperating with the police? Is it because the police like to get on the ground with their clean uniforms? Probably not. Nobody wants to be wrestling with a perpetrator on the ground unless they've got pretty good reason, right?

So the evidence that we have that there were three cops sitting on top of him — neck, back, and somebody trying to control his feet — strongly suggests that he was not cooperating a moment before then.

Now here's the interesting part to me. And by the way I'll say this every minute or so: It looks like a crime was committed to me. I'm just going through what we know and what we don't know. So don't confuse what we know and what we don't know with my opinion. I'll tell you my opinion. It looks like he was killed. You don't need to explain to me that the totality of what the police did almost certainly contributed to the man's death. I would say something close to a hundred percent certainty because what are the odds he would die by accident just then?

And here's my conspiracy theory that I would like to add to it. Do you believe that the video, the one video that's missing, is the important one? Well, important to answer the mystery. Why is it that we have good video of before that and we have good video after he's on the ground, but the part that caused three police officers to be on top of him, we do not have that video? Does that seem like an accident?

Let me add this to the conspiracy theory just as it is very unlikely that he would have died by natural causes at just that moment when the police are sitting on top of him. Nobody believes that because it's just too unlikely. But do you believe that with all the cameras around, the only part that we need to know, do you believe that that's missing by accident?

I'm going to go with this hypothesis: Somebody has that video and they're not showing it to you intentionally because it doesn't fit what they want to happen. I think that video exists and I think somebody doesn't want you to see it. That's what I think.

Now that said, I've never seen the country more unified racially in the sense that everything that Colin Kaepernick was saying, now we feel it in a more visceral way. You kind of knew that there was a problem, but you also thought, well it must be happening to white people too. It's a police problem. But now you see it. The visual of watching a man's life being snuffed out by a police officer in what seemed to be complete casual business as usual is so horrifying, just so completely horrifying, that I think a unified us in a weird way.

Now I see some people worried that this is the end of civilization and the riots will go out of control and things are fragile, etc. And I think nothing like that's happening. Nothing like that's happening. If you see a crowd in which it's only black people or only white people, something's happened that's dangerous. You don't want to see a riot with just one ethnicity. If you see that, you know you better get a gun and hide in your house.

But if you see a multi-ethnic group protesting for more equitable, fair, safer police enforcement, and it's completely multi-ethnic, you're closer to a really good thing than a really bad thing. It just doesn't feel like it because there are things on fire. Now when you turn on the news they're going to show that one car that's on fire over and over again because it's the only fire in a gigantic city. One car on fire. What is the news going to be? Let's see how many times we can film this one car on fire from different angles. I hope it keeps burning because it's the only thing interesting. Otherwise it's just people standing around. Give me the car on fire.

So the first thing you need to know is that we're being fed a diet of way more danger than is actually there because those are the interesting things. So of course we see them. The other thing you need to know is that I would say at least forty to sixty percent of everything you see is probably because of the lockdown and because the weather turned good. People were anxious and angry from us being locked up and then warm weather came and they finally said, what can I do today? Will I go to a restaurant? No. Will I go to the club? No. Will I go to a bar? No. Can I hang out and have a house party? No. What if I have a riot? Can I stop a riot? You could call it a protest. Same thing. It's hard to stop if you get enough people. Nobody's going to stop you.

So I think that the way this has to be looked at is it's kind of emotionally there are two things that have collided emotionally. The video of George Floyd being killed is of course the big topic. But the way we feel about everything, whether it was this story or some other trigger, the way we feel about everything is just a little extra weight on it because we've been locked up and we just need to get out.

So I would not expect this to be a permanent situation because number one, everybody agrees. Everybody agrees. Who exactly are they protesting? Are they protesting the governor of Minnesota? No, he wants those guys in jail. Are they protesting the legal system? No, they've already arrested that guy. Are they protesting the court decision? No, hasn't happened. Are they protesting the president? Oh, he agrees with them so hard that I think it confuses them. Who are they protesting?

Now of course they're protesting institutional racism. They're protesting maybe some tendencies, some human biases. But what are you going to do about that? What are you going to do about it? I mean I do think there are lots of ways you could improve police work. You should certainly have them, they should all have body cams at the very least. That's the least they should have is body cams. Maybe they need to revise some rules because it's not the first time a black man has died while screaming for medical care.

If this had been the first and only time a black man had died while begging for medical care, then you say oh it's just a one-off mistake. It's terrible. It's a tragedy. But we don't need to fix anything because it just happened that one time. But it's not one time. It's not one time. How many cases have you heard of? Three or four now where it sounds a lot the same. So maybe there is some other process.

Let me give you my recommendation that I gave to Black Lives Matter a few years ago when something like this was coming up. Here's my recommendation for a change in the police procedure and it goes like this. If your suspect claims a medical problem and as long as you have control of him so it's not a dangerous situation, you will immediately call your telehealth doctor and say, hey telehealth doctor, I've got a suspect. He's in handcuffs. He's complaining of breathing problems or whatever. Can you talk to me and him at the same time to see if this is real?

And the doctor gets on and says, can you tell me what's going on? And then the doctor recommends, do you take him to the hospital right away? Do you treat him in some specific way? Or does the doctor say it looks like this can wait? But if you put it off on the doctor, it's a little bit harder to protest if things go wrong because we accept that doctors don't get it right every time. That's sort of built into our understanding of healthcare, is that doctors don't get it right every time.

So now that you can call a doctor on a video by the device in your pocket, and you can thank the people who are watching this Periscope for the fact that at least we were part of the push to make it legal for telehealth, you know, the online doctors to practice across state borders, which makes it viable for the first time. So I say just go with the obvious. Throw it to the doctor. You should have one who's always available just for this. Somebody who's seen police work enough that they also have an understanding that the perpetrators sometimes tell stories. That would be good background for the doctor that they use.

So now would that work? Maybe not. Maybe that wouldn't work by itself to make everything better. But there are other little tweaks you can make. For example, you could increase the penalty for falsifying a police report. I think that was one of the Black Lives Matter suggestions as well, to which I say I wouldn't object to that. Would you object to increasing the penalty for falsifying a police report by the police if they did something bad and they're just covering it up in their police report? I don't think I would disagree with that.

So I think you would find that there are a lot of things that would work for Colin Kaepernick, a lot of things that would work for Black Lives Matter. There's somebody like President Trump or any like-minded governors or mayors, wherever these decisions need to be made, could simply say let's try it.

Here's one. Not all of the police have body cams and the reason is primarily budget. So just suppose, I'll just put this out there. Suppose the President of the United States said that this is no longer just a state problem because we have a racism concern and that's federal. So the president could easily say because we have a history of this, that states can't get away with discriminating. And if the reason they're getting away with it is that they have a budget problem, I'm going to solve that. But I'm going to make the budget available that they can all buy body cams.

If the President of the United States, especially this president, if Trump said here's a billion dollars, I'm going to put this bill through Congress. It's a billion dollars and it's nothing except buying body cams because we want to reduce this problem in every way we can. That's just one of the things we could do. Maybe he could do an executive order. It would be like a suggestion to the states to make falsifying a police report more of a penalty. He could suggest that. They still have to do it at a state level.

So anyway the point is there are very practical things which smart people have worked out that are worth trying. If you don't try then it cannot be said that you're valuing black lives or any other lives. If you don't try, of course you should try. What are we doing?

So you've got protesters in the streets of a bunch of major cities. It's the biggest story going. They're destroying property. It's just a horrible situation. But what's anybody doing? What are the suggestions? I think the president could just say, look, I haven't heard any good suggestions but I'm going to do these things. I'm going to fund the body cams. I'm going to make sure that they'll recommend that they toughen the laws on something. And I could recommend that they have a doctor opinion if somebody says that they can't breathe. So that's three very specific things that you can just put out there and say let's try this. Let's just try it.

All right, so that's where I'm at with all this stuff. Again I want to assure everybody who's watching this I've never seen the public of the United States this unified. And the only reason that we're not talking about that is because the news is telling you it's not. The news is still telling you we're not unified. We could not be more unified on this question. We couldn't be. Because you know what? I don't even think Colin Kaepernick wants to disrespect the country. I think he wants the country just to do better.

Now I realize that's a generous interpretation but I think it's a good time to be generous. It's a good time to be generous. So my take on Kaepernick from the beginning is that he was very effective and so I praised him for his effectiveness even if you didn't like the fact he didn't have any specific suggestions to fix anything. And I don't think he did. So I still respect him for the message and for the effectiveness of it. And because it's something that a great deal many of my fellow Americans are concerned about and that's good enough for me.

If there are a lot of Americans who are deeply, deeply, deeply concerned about this issue, I'm not going to talk them out of it. I'm not going to tell them you should look at it differently. You shouldn't think of it that way. It's not that big of a problem. The fact is that there's a gigantic percentage, I don't know what the percentage but it's a big percentage of the population who's got real pain, real concern, a real issue. This is as real as it gets. If the police or if you think the police are killing you because of the way you look, that's a 10 out of 10. How do you live in that country?

So I can assure you I get that and I understand that that's the reality. Now you can try to argue it away and say well white people get killed too and it's not really racial and stuff like that. But the lived truth is that they've got this extra risk and I think you have to deal with it as a lived truth. Which is good. I love that phrase by the way because it gets to the fact that reality is subjective and nothing could be more subjective than this situation. The way everybody feels about it is really a reflection of their own life and things that have happened to them and who they are and all that.

All right. Did we talk about stupid protests yet? Well this is the reason that I think the protests have as much to do with the lockdown plus the good weather. Because as I said they don't know who to protest because nobody's on the other side.

And by the way am I the only person saying this? Is there anybody else in the media, the punditry, on social media? Is there anybody else who's pointing out