President Trump, Willie Apophis, President Donald Trump discussed on Gary Jeff Walker


Go ahead and terminate you if they did not like what they saw. Right now. What about the president himself last night? We debated this greatly and that is that Did the president incite a riot? Practically every Democrat said he did. A few Republicans said he did. And as you know, the The case that determines the outcome is one called Clarence Brandenburg vs the state of Ohio. Brandenburg vs Ohio Decided 1969. The Supreme Court held that the government cannot punish Inflammatory speech. Unless that speech is quote, directed to inciting or producing imminent lawless action and is likely to incite to produce such event. Quote unquote in your view. Did President Donald Trump commit a felony and signing a riot under the standards of Brandenburg vs Ohio In my view, Based on that case, all is well with what's called the progeny will be, which is a fancy legal would be like to talk around. It sounds smarter than we are when the case is applied after decided It rises to that level, and I have to explain why. Because inherently, you nailed it. Well, you live in such a divisive and polarizing time. But the reality is the law is the law and how it's applied to be objective. And based on the totality of the circumstances and what we're seeing a lot right now. Willie is A complexion between the private world of public world between parts and ship in the law. But here's the bottom line. And you just quoted that I don't want to get to bear in the woods. This isn't a Constitutional law symposium. But for the listeners to know that general in America, this is great. There's a huge presumption for free speech, right? That's a great thing. We love to have a marketplace of ideas, but you know what, Willie? There is a distinction between a marketplace of ideas and taking a match, throwing gasoline in the marketplace and then throwing that match in there, and that's when it rise the level off incendiary, quite literally incendiary speech. And there's one quote that I somewhat amusing to the linchpin, and I just thought Actually, When I scream the articles of impeachment, it was referenced directly. There's many quote they want the entire transcript of that speech that preceded Right? And one of them was and I quote, we fight like hell. And if you don't fight like count, you're not going to have a country anymore. And then this is couched between all the quotes about walking to the capital going to the capital. I'll be with you. When we look at that, and when we referenced Brandenburg, which talked about the intensive speech The imminent of lawlessness and a lot of lawlessness. Willie When you look at that test How Stian be intent that day. Based on what preceded it, it appears basically that it could rise to that level. What about the double standard? What's acceptable to some is not acceptable to others. They were in large numbers of Democrats, including vice president to be Kamila Harris, who raised money. For those getting out on bond, who burned down Minneapolis and there were many times taking to the streets getting their face. I can recall Maxine Waters get in their face and restaurants and gasoline stations practically every Democrat. There's like 47 examples. I have of the Democrats telling people taking to the streets do what you got to do. We've got to change the country. The idea the Democrats are held to a different standard than Republicans. And that's where the laws got to come in and make the differential. The law has got to mean something. And when Rudolph Giuliani said there must be trial by combat Trial by combat. That's another issue. Donald Trump Jr talked about fighting like hell. Don't let them do this. You had the president, raising his right hand in a fist like gesture. He used the word fighting or fight about seven or eight times. He wanted. A fight to take place is that I'll walk with you down Pennsylvania Avenue. Now the president would say that's freedom of speech on the president. I can do what I wanna do. And But the law on this area is a little iffy is between the 40 in the 40 yard line. It depends politically what side you fall on his toe. What the outcome might be. I contend that it would be a horrible thing for America to put a former United States president in jail. Normally that we've never locked up one of our former leaders. And so what would politics Austin playing in this a little bit, too? Willie Apophis plays into everything now from literally going online. Just trying. Take a dog walk in here. Lee were bombarded by politics, but what we have to do it, take it one step at a time and recognized the fundamental distinction. Reference. A lot of these political people out there that are saying go to the streets take action under the wall, and that's the analysis that dollar analysis right now. It is essential imperative and failure to recognize the key word being imminent. There's a huge distinction. And you know what? I'm thinking back to the day that was trying to pay attention to the law student, you know, hoping my professors don't hear this. But there was one example that I always remember and last time to back in con law with my teacher that There's a big difference between take to the street versus take to the streets right now and go down march to otr and burn the place down. That's different. The difference is that you can generally paint with a broad brush and even face him inflammatory things, but really legally what you cannot do, including the president, especially the president. Cannot go and reference with specificity. Bash Sean of Democracy, which is the capital Go down there. And take it back. So stop this deal is what he said. Stop the steel. They're stealing going on. And then there were counting the electoral ballots that which is the sacred constitutional duty. And that is what was to be disrupted. Now. Time is short. Austen LiPuma. Let me ask you this about Twitter and Facebook and Google and all the rest parlor. I'm watching this morning Judge Jeannine Pirro that Tony Bender loves to watch, And she made the reference that our first Amendment rights are being evaporated and I'm looking at her saying. Man. Are you wrong? Explain why the first Amendment doesn't apply to Twitter, Facebook or parlor, Willie. Amen. You know, Remember that movie back in like 2000 Erin Brockovich with Julia Roberts? Member that you know, she went around and fought against toxic cos I die Greste..

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