Jay-Z's Lawyer Eyes Legal Loophole to Throw Out Rape Lawsuit | TMZ Live - video Dailymotion

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Jay-Z's attorney says there are a bunch of holes in the rape lawsuit against the rapper ... and he's looking to have the case thrown out.

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00:00Jay-Z is gunning to get this rape lawsuit that was filed against him dismissed, and

00:09he has multiple reasons for doing it.

00:11You know that a woman claims when she was 13 years old Jay-Z raped her.

00:18That's the allegation.

00:19He just vigorously denies this and says it is not true.

00:26This has hurt him and his family, and he has vowed to fight this and win.

00:31Well, his lawyer, Alex Spiro, you may remember Alex who got the case against Alec Baldwin

00:38dismissed in the Russ shooting, Alex Spiro is representing Jay-Z, has for a long time.

00:44He now has a game plan to get this case dismissed, at least if he has his way.

00:51And it starts with a law that was passed that would allow somebody under these circumstances

00:57to file a lawsuit.

01:00He is saying, Alex Spiro, that the law only applies to New York City.

01:07And also the law was passed after this alleged rape would have occurred.

01:13Again, he denies the rape occurred, but based on the date the woman claims it happened,

01:19it happened before this law was passed.

01:23And in America, you can't prosecute somebody for a crime that wasn't a crime when they

01:31allegedly committed it.

01:34Ex post facto.

01:35Listen to you.

01:36And statute of limitations.

01:37He's a lawyer.

01:38And if you're the lawyer, you've got to make those arguments.

01:40And they're making it.

01:42But it doesn't stop there.

01:44According to this, what we know Alex Spiro is going to do, he's saying that forgetting

01:51about that part, the law would only cover New York City.

01:56And when you look at her complaint and what she's alleging, what Jay-Z is saying through

02:03Alex Spiro is that couldn't have taken place in the city.

02:08And therefore, if it happened outside the boundaries of New York City, even if it happened,

02:13which he said it didn't, you can't use the law to prosecute him.

02:16Yes.

02:17This is a very strange law in that it was passed by a municipality, not by a state or

02:20obviously by the federal government.

02:21It was passed just within New York City.

02:23And to the point you were making earlier, it only relates to cases, according to Alex

02:27Spiro, that occur after the law was passed in December of 2000.

02:33The allegations here are that it happened at a large white house with a U-shaped driveway,

02:38which Jay-Z is arguing, Alex Spiro is arguing, couldn't have been in New York City.

02:42And that it allegedly happened months before the law went into effect in December 2020.

02:47So on those two grounds are saying, we're going to file a motion to dismiss.

02:50We expect the court to dismiss it.

02:52I got to say, Jason, if he's right on that, I mean, there might be something to it.

02:58But I don't, I don't think you dismiss the, I don't think you dismiss it now, though.

03:01I think that's an argument that you make in court as to where it happened.

03:05Well, they're going to be in court.

03:06I mean, I think you make it before there's a trial.

03:09If you're saying that he shouldn't be prosecuted, I think those are facts that would be hashed

03:12out at trial because you have to depose people.

03:14You have to do discovery as opposed to dismissing.

03:17Not if the law doesn't apply.

03:19In other words, I agree.

03:20I'm saying location.

03:21I'm saying location.

03:22Yes.

03:23But if the law doesn't apply, it seems to me you do it now, right?

03:26Yeah.

03:27I'm really with attorney Oppenheim here because that's a very good point that the issue they

03:31want to file a motion to dismiss and the issue of whether or not it was in New York City

03:34or not is something that requires fact discovery and that cannot be decided at the early stages

03:40of the trial.

03:41All the way through summary judgment, which could take months or even longer.

03:46That's true.

03:47That's true.

03:48So there's an issue here.

03:49Yeah.

03:50That's true with respect to where it is.

03:51But the timing of it, if the law wasn't in effect when she says this happened, that can

03:57go before a judge right now.

03:59And if the judge says you're right, I think it gets dismissed.

04:03Yeah.

04:04It would definitely get dismissed if that was the case.

04:06Obviously, we need to see how that plays out and what Tony Busby, the attorney for the

04:10accuser, what he says in response to this.

04:13Well, my understanding is Busby said, well, these are technicalities, but they're really

04:18not technicalities.

04:19Well, and the law is technicalities too.

04:20Right.

04:21I mean, that's the law.

04:22And if they're right about this, I don't know, Jason, I don't see the rebuttal on it.

04:28There is no rebuttal.

04:29Yeah.

04:30I agree.

04:31I don't know what his argument is going to be, but the last refuge of a lawyer is to

04:33say, well, it's all technicalities.

04:35Technicalities, everything is a technicality.

04:36You win and lose cases on technicalities.

04:38So if the law is what it is, they're going to lose.

04:41Hi, I'm Kimberly from Florida.

04:44Hi.

04:45I genuinely don't believe that if someone is telling the truth, that they should be

04:51looking for loopholes, whether it was two days ago or 20 years ago.

04:58The truth should matter, whether it be a statute of limitations.

05:02However, I do believe that Jay-Z's lawyers are working so hard because they genuinely

05:08believe him.

05:09At this point, his public image is ruined.

05:12His career is stained forever.

05:14And I think they should be working this hard to clear his name.

05:18I'm not a lawyer, but I just don't trust Busbee or anything he does.

05:23I just don't know how legitimate Busbee is.

05:26I want to ask you something, because the first point you made.

05:30If you were on the freeway and the speed limit was 65 miles an hour and you were driving

05:36at 65, and then a month later the law changes and it says you can only go 55, and then

05:44all of a sudden they give you a ticket, even though you knew that the speed limit was 65

05:49when you were driving.

05:50Do you think that's fair?

05:51No, not at all.

05:54Then it's the same thing as what Jay-Z is arguing, which is there was no law making

06:02whatever it was a crime a crime when this supposedly happened.

06:05I agree with her on a moral level, but from a legal perspective, I agree with you on that analogy.

06:12And that's the law.

Jay-Z's Lawyer Eyes Legal Loophole to Throw Out Rape Lawsuit | TMZ Live

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