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Speaker 1: Michael.

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Speaker 2: So you bring in a concealed weapon to a riot,

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Speaker 2: then you get in the middle of the riot.

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Speaker 1: With you know, physical force.

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Speaker 3: You're in there pushing and shoving, and all of a

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Speaker 3: sudden they find a weapon.

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Speaker 1: They pull it.

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Speaker 3: Does it make you more apt to be shot because

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Speaker 3: now you have a weapon they found.

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Speaker 2: Do they know if you've got a second one because

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Speaker 2: you're fighting with him and not complaining.

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Speaker 3: Yes, they feared for the lives and.

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Speaker 1: The guy lost his lives because he's a knuckle ahead.

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Speaker 4: I think the operaty everything you said was was yeah, okay,

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Speaker 4: I can argue both ways on all of it, until

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Speaker 4: you got to the end you said knucklehead, and I said, yes, bingo,

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Speaker 4: there you got it.

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Speaker 1: Knucklehead goober number zero nine four to two.

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Speaker 4: They hit it on the head zero nine four two

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Speaker 4: Rights Michael retired LEO law enforcement officer. In years of training,

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Speaker 4: the adage still applies. A guy will get you into

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Speaker 4: trouble way quicker that can get you out. Still hold

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Speaker 4: it's true, horrible decision to bring a gun into magazines

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Speaker 4: into that situation risk reward analysis, intelligent man without common sense,

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Speaker 4: a sad state of mind? Was he committing a crime

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Speaker 4: of any sort as related to location.

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Speaker 1: I don't know.

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Speaker 4: As a card carrying CCW retired LEO not good. Did

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Speaker 4: he present info to LEO as maybe required by permit?

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Speaker 4: Well maybe so, maybe not. It depends on when there.

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Speaker 4: Let's go back to was he committing a crime of

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Speaker 4: any sort as related to that location? My answer to

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Speaker 4: that is we don't yet have enough information to know

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Speaker 4: whether or not what was taking place at that location.

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Speaker 4: Now when I say that location, see that even becomes

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Speaker 4: a question of fact.

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Speaker 1: What's the location? Is it that entire block?

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Speaker 4: Are they conducting operations in a in a particular house,

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Speaker 4: Have they secured an entire block, several blocks?

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Speaker 1: What is the location?

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Speaker 4: Because, for example, if law enforcement is conducting operations. Actually

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Speaker 4: this is actually a real life example for me. So

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Speaker 4: the I N list had probably been a couple of

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Speaker 4: years ago, and I have no clue what was going on.

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Speaker 4: But I'm out walking the dogs and rather than going

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Speaker 4: over to the park this day, I decided to walk

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Speaker 4: down the street. I'm gonna make a circle around through

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Speaker 4: our neighborhood. I've i've I've got a weapon on my

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Speaker 4: on my waist and inside my waist. In Hilcary, just

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Speaker 4: walking the dogs. I walk down the street, make a curve,

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Speaker 4: and there's about three or four Douglas County Sheriff's Office

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Speaker 4: office cars in front of a house. I don't know

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Speaker 4: whether they were doing a welfare check. I don't whether

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Speaker 4: it's a domestic disturbance. I don't know what, but I

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Speaker 4: walked that there was obviously a law enforcement operation of

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Speaker 4: some sort going on. There were I'm going to assume

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Speaker 4: their office inside the house. There was one officer standing

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Speaker 4: outside on the front deck to the left of the

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Speaker 4: seat as you're facing the door would be to the right,

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Speaker 4: so to the right of the door, about four or

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Speaker 4: five steps away, so he was not visible to anybody

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Speaker 4: that came to the door. And then there were two

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Speaker 4: standing outside their vehicles parked on the curb right where

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Speaker 4: I'm walking. So I'm walking through a law enforcement location.

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Speaker 4: Do I have a duty to, by the way, tell

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Speaker 4: them that I am can feel carrying. No, I do not.

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Speaker 4: I'm not involved in the encounter. In fact, what I

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Speaker 4: did was, rather than stay on the sidewalk, their cars

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Speaker 4: were parked up on the you know, next to the curb.

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Speaker 4: I just walked, you know, as I'm facing the back

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Speaker 4: end of their cars. I just walk around the driver's

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Speaker 4: side and just go around, just keep walking the dogs.

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Speaker 4: I didn't. I didn't announce, hey, by the way, I'm

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Speaker 4: walking my dogs. But I got a I've got a

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Speaker 4: glock on me. No, why why would I do that.

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Speaker 4: I'm not gonna do that. So location, Matten, the definition

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Speaker 4: of location, and the definition of a law enforcement operation

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Speaker 4: all obviously matters, and that and that's why I'm so frustrated,

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Speaker 4: so frustrated with both sides in this and in this

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Speaker 4: case cash.

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Speaker 1: But tell you know better.

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Speaker 4: Than to come out and make the statement that you

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Speaker 4: did about it's illegal to carry a gun at a protest.

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Speaker 1: Or you know, around it. No, no, no, I'll get

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Speaker 1: to those statutes in a minute.

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Speaker 4: Or for for uh, Stephen Miller to call him an assassin,

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Speaker 4: that's just over the top stupid, now, was he? Well,

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Speaker 4: we don't know. Is it for those of us who

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Speaker 4: are gun owners? Is it unusual to carry additional magazines

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Speaker 4: with you? I I'm not going to give you any

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Speaker 4: specifics about my practices, but I always have extra magazines

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Speaker 4: with me always, yes, And my weapon's not always on

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Speaker 4: my body. In fact, there may be a weapon on

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Speaker 4: my body and maybe.

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Speaker 1: In a backpack. I mean, who knows, But I'm not

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Speaker 1: going to dispose that to anyone.

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Speaker 4: Now, I've always as is required, at least in Colorado.

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Speaker 4: Why I do it anyway? Anytime I get stopped by

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Speaker 4: a LEO, I hand them not only my driver's license,

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Speaker 4: my driver's license registration, and my concealed carry permit. Now,

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Speaker 4: don't get me started on the constitutionality you concealed carry

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Speaker 4: because I think it's constitutional, and I think this requirement,

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Speaker 4: particularly in Colorado and the dumbass things we're doing in

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Speaker 4: Colorado that I think I have a constitutional right to carry,

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Speaker 4: and the Second Moendment doesn't say open or conceal, I

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Speaker 4: have a right to keep them bare arms. But I

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Speaker 4: don't want to get too off track here. I want

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Speaker 4: to I want to go back to this setup because

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Speaker 4: I truly want you to. I want, even though I'm

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Speaker 4: I'm all hyped up, I want all of you to

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Speaker 4: calm down. That's that hypocritical, isn't it.

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Speaker 1: We need to talk.

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Speaker 4: About Minneapolis and about Alex Preddy, about what happens when

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Speaker 4: constitutional rights, federal authority, and then split second decisions end

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Speaker 4: up colliding in the street like they did Saturday. And

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Speaker 4: I and I'm gonna I want to do something. I'm

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Speaker 4: going to tell you what both sides are going to argue,

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Speaker 4: show you the evidence, and then explain why this case

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Speaker 4: is legally and morally complicated in the ways that the

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Speaker 4: talking heads out.

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Speaker 1: There, and in fact, for that matter.

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Speaker 4: Even some of the talking head experts are not telling you.

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Speaker 4: So before we dive in some baseline facts that nobody disputes.

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Speaker 4: He was an American citizen, He was legally carrying a

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Speaker 4: concealed firearm with a valid permit. He was at a

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Speaker 4: protest against ice enforcement operations. Federal agents shot him ten times,

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Speaker 4: killed him. There's extensive video evidence from multiple angles. Now

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Speaker 4: everything else is where the fight starts. Here's the government's case.

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Speaker 4: Let me just make the government's case. Federal agents were

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Speaker 4: conducting a lawful immigration enforcement operation, and during that operation,

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Speaker 4: they encountered an armed individual who physically interfered with their duties.

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Speaker 4: When they attempted to secure the situation with him, they

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Speaker 4: discovered he was carrying a loaded nine millimeter handgun with

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Speaker 4: additional magazines. In the course of trying to disarm him

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Speaker 4: during a violent struggle, the agents reasonably feared for their

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Speaker 4: lives and the lives of their officers who were also

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Speaker 4: involved and used deadly force in self defense. I think

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Speaker 4: that's their case. That's the case they'll make. And under

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Speaker 4: Graham versus Connor, if you're a cop and you reasonably

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Speaker 4: believe you're facing imminent deadly force, you are allowed to

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Speaker 4: respond with deadly forced period, and the course of instantly

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Speaker 4: held that cops don't have to wait until a gun

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Speaker 4: is pointed at them. The presence of a gun during

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Speaker 4: a violent encounter can be enough. And if he was

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Speaker 4: resisting and agents felt the gun could be access they

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Speaker 4: had reason to fear. That's the argument, and it's not

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Speaker 4: a frivolous argument. But let's deconstruct it. Now that I've

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Speaker 4: said it, now that I've set up my own argument,

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Speaker 4: let me tear it apart. According to let's go to

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Speaker 4: the timeline, he was filming with his phone. An agent

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Speaker 4: pushed a woman to the ground. He moved to help her,

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Speaker 4: phone still in his hand, he gets pepper sprayed. Agents

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Speaker 4: tackle him. Eight seconds after he's pinned down, that's when

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Speaker 4: they discover the gun. An agent in gray removes the

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Speaker 4: gun from his waistband. Less than one second later, a

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Speaker 4: different agent shoots him in the back. Ten shots five seconds,

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Speaker 4: at least some shots. At least some were fired when

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Speaker 4: he is motionless on the ground. Now we you know,

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Speaker 4: we have in one of our taxpayerity shots intro or

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Speaker 4: if we've had somewhere where somebody says, well, is it riff?

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Speaker 4: Who whoever it is? It says why you're shouting ten times?

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Speaker 4: And the response says, yeah, because we ran out of bullets.

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Speaker 4: Here's what the victim never did. The best I can

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Speaker 4: tell you, never drew his weapon. He didn't brandish his weapon.

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Speaker 4: I don't think he reached for his weapon. You know,

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Speaker 4: if you if you got evidence, I'd like to see it.

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Speaker 4: He didn't threaten anybody with his weapon. I don't think

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Speaker 4: he ever even touched his weapon. So now you got

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Speaker 4: a legal problem. By the time the shots were fired,

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Speaker 4: the gun had been removed from his person.

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Speaker 1: Now to the talk.

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Speaker 4: Back and to the and to the UH text line,

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Speaker 4: does he have other weapons? Nobody knows, but the agent

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Speaker 4: who removed it had already stepped away. That's going to

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Speaker 4: be a faction for a jury. That's going to be

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Speaker 4: an incredible factual to consider. He was pinned down by

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Speaker 4: multiple agents. Another factual thing that in a jury trial,

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Speaker 4: they're really going to have to consider was he no

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Speaker 4: longer a threat, even if there are other guns on him,

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Speaker 4: or even if the agents believe there are other guns,

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Speaker 4: or even if there were not other guns, but they

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Speaker 4: worried that there might have been another gun, the threat,

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Speaker 4: if there ever was one, had been neutralized. And that's

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Speaker 4: where the self defense claim collapses, because the Supreme Court

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Speaker 4: says that use of force must be objectively reasonable at

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Speaker 4: the moment that it is used. Not reasonable, five seconds earlier,

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Speaker 4: not reasonable base what on what might have happened?

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Speaker 1: Reasonable? Right?

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Speaker 4: Then, So when you shoot someone who's been disarmed, who's

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Speaker 4: pinned to the ground by five of your colleagues, who

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Speaker 4: never went for the gun, that's not self defense. That

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Speaker 4: could be called an execution. And of course that's what

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Speaker 4: the left is arguing. Now the Second Amendment angled now

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Speaker 4: some of your thinking, but he had right to be armed.

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Speaker 4: Second Amendment right, And that's why this case matters. He

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Speaker 4: had a valid carry permit. He is legally entitled to

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Speaker 4: carry that gun. And Minnesota is, as I said last

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Speaker 4: hour in opencerry Steak, you walk round your gun and

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Speaker 4: yip if you want. I've always thought that was stupid.

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Speaker 4: But you can do it if you want to. But

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Speaker 4: here's what the Second Amendment doesn't protect. It doesn't give

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Speaker 4: you immunity from consequences. If the long, if the lawyer, lawyers,

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Speaker 4: if the leos perceive you as a threat, if you're

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Speaker 4: armed during a confrontation with the popo, that changes the

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Speaker 4: calculus because the cops are trained to treat an armed

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Speaker 4: individual as higher threat levels. That's reality, that's officer safety,

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Speaker 4: and that's it makes sense and it's reasonable. But and

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Speaker 4: this is crucial, the elevated threat, the elevated threat perception

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Speaker 4: doesn't justify shooting you when you've been disarmed and restrained.

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Speaker 1: Now think about it.

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Speaker 4: If we accept that merely having a gun during an

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Speaker 4: encounter with cops justifies deadly then that would mean the

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Speaker 4: Second Amendment doesn't mean anything. Every lawful gun owner becomes

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Speaker 4: a legitimate target the moment they might interact with cops.

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Speaker 1: Well, I can be the rule, and that's not the rule.

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Speaker 1: The rule is.

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Speaker 4: Armed people can be treated as higher threats, but you

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Speaker 4: still need an immediate threat to justify deadly force. So

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Speaker 4: then those who are claiming this was a murder are

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Speaker 4: arguing that he was not an immediate threat. He was panned, disarmed,

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Speaker 4: and they shot him.

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Speaker 1: Anyway.

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Speaker 4: Now, progressive friends are going to say, this proves that

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Speaker 4: ICE is out of control, and this proves the federal

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Speaker 4: agents are executing protesters, This proves we need to abolish enforcement.

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Speaker 1: Well that's wrong.

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Speaker 4: This proves that when you have thousands of federal agents

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Speaker 4: in a city conducting enforcement operations, and you think you

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Speaker 4: got all these well organized activists as I described in

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Speaker 4: the first hour, who are determined to interfere with those operations.

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Speaker 4: In fact, I believe they're determined more than just interfere

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Speaker 4: with the operations. I believe they are determined to cause

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Speaker 4: this of incident. And now it's a bad outcome for everybody. Now,

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Speaker 4: does that excuse what happened here? No, it does not.

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Speaker 4: Does not justify shooting a disarmy, strained man, of course

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Speaker 4: it does not. But it does mean that if you

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Speaker 4: are going to protest, and you have every right to protest,

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Speaker 4: you need to understand that your mere presence, especially if

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Speaker 4: you're armed, if you're open caring or concealed caring, that

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Speaker 4: escalates the risk because that escalates the threat as perceived

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Speaker 4: by law enforcement. Now I found a little blurb about

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Speaker 4: this that the victim's parents told him, Oh, go ahead

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Speaker 4: and protest, but please don't engage, don't do anything stupid. Well,

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Speaker 4: I think maybe he did do something stupid. He did interfere.

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Speaker 4: He tried to help someone. Now some people will argue,

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Speaker 4: but that's not interfering if they're still trying to the

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Speaker 4: the woman that they pepper sprayed, that got shoved to

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Speaker 4: the ground. So I actually have that in reverse order,

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Speaker 4: the woman that they shoved and then pepper sprayed, and

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Speaker 4: that he then interferes. He then moves in that can

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Speaker 4: be perceived and probably could be determined by a jury

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Speaker 4: to be interference with a lawful law enforcement operation.

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Speaker 1: But charened to that. He was just filming with his phone.

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Speaker 4: He was exercising his First Amendment rights, and he got killed.

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Speaker 4: I don't think that's ice inherently being evil. That might

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Speaker 4: be a catastrophic failure of judgment by both the individual

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Speaker 4: officers in a very high tense environment and by the

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Speaker 4: yahoo who brought his gun and ended up interfering. He

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Speaker 4: had a right to be there, he had a right

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Speaker 4: to be armed. He didn't threaten anybody with that weapon.

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Speaker 4: He was he apparently was disarmed before being shot, and

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Speaker 4: the gun's initial claims right now may change later in

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Speaker 4: the week appear contradicted by video evidence. So there should

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Speaker 4: be an independent investigation, Clearly, an independent investigation, not by

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Speaker 4: DHS investigating itself. There will be full release of all

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Speaker 4: video evidence from all angles, all body cams, anybody that's

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Speaker 4: got a ring, doorbells, I don't care whatever. Now, normally

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Speaker 4: I wouldn't say that because and defense lawyers might not

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Speaker 4: like it. Sometimes defense lawyers might like it. See me

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Speaker 4: pingponging back and forth on this is because this is

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Speaker 4: precisely how a court case is going to go. The

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Speaker 4: government's going to present their side, and jury's gonna go,

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Speaker 4: oh yeah, that's that's right. Oh man, it was just

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Speaker 4: it was a lawful use of lethal force to protect themselves.

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Speaker 4: They had a reasonable fear. And then the defense is

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Speaker 4: going to get up and rip it apart, and the

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Speaker 4: jury's gonna go, huh, well, maybe that's not quite so right.

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Speaker 4: And that finally, when they get into the jury room,

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Speaker 4: they're going to have to weigh all of that evidence,

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Speaker 4: the credibility of the evidence, what they perceive the evidence

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Speaker 4: to say or mean or show, and then they're going

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Speaker 4: to have to come to a conclusion whether or not

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Speaker 4: the state has proven beyond a reasonable doubt, or if

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Speaker 4: it's a wrongful death case, whether or not by a

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Speaker 4: preponderance to the evidence they unlawfully killed him. That jury's

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Speaker 4: going to go back and forth for a long time

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Speaker 4: as as I think about this. Somebody posted on x

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Speaker 4: the photo of Kyle Writtenhouse and they tried to make

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Speaker 4: a comparison between Kyle Writtenhouse and mister Pretty. I think

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Speaker 4: that is exactly the kind of lazy comparison that I've

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Speaker 4: got to dismantle. There are similarities and their critical differences

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Speaker 4: because this argument is being made, I think, in bad

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Speaker 4: faith by people who either don't know the facts or

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Speaker 4: they're hoping that you don't know the facts, so.

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Speaker 1: Redon you might if.

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Speaker 4: We take a break a little bit early. They'm okay

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Speaker 4: with you, because if I start down this path right now,

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Speaker 4: I'm gonna have to break right in the middle of

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Speaker 4: it a argument. Okay, they'll be right back.

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Speaker 2: I'm not sure Pretty should have even had a gun.

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Speaker 2: You got to put a pistol in your belt line,

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Speaker 2: obstruct federal law enforcement operations, refuse lawful orders, rezist arrests,

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Speaker 2: getting a wrestling match with five Feds attempting to get

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Speaker 2: away with a pistol.

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Speaker 1: In your belt line.

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Speaker 2: I'm not so sure he had the mental capacity to

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Speaker 2: have a firearm in the first place.

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Speaker 4: Maybe he did, Maybe you didn't. Uh, You're analysis about

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Speaker 4: the stupid decisions that he made are all valid reasons

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Speaker 4: why he probably created a threat that got elevated when

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Speaker 4: the gun was found and in the midst of nanoseconds

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Speaker 4: taking place. Yes, he's the proximate cause of this, but

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Speaker 4: you still have the legal question of where the whether

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Speaker 4: the federal agents were justified or not. And in the

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Speaker 4: context of whether they were justified or not, I still

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Speaker 4: go back to both sides immediately start claiming that, oh,

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Speaker 4: they weren't justified and that they were justified, And on

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Speaker 4: both sides the hyperbole is just over the top stupid.

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Speaker 4: And this is where and if you just hang tight,

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Speaker 4: this is where what Trump is now doing, Tom Holman,

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Speaker 4: really is the right thing to do. In fact, I

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Speaker 4: think what I said at the very beginning, I think

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Speaker 4: it's time to invoke the Insurrection Act. But there's one

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Speaker 4: step that I think Trump can take before he does that,

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Speaker 4: and he's already made public what that is. I'll get

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Speaker 4: that to in just a second, but I want to

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Speaker 4: go back to this written House because there are critical

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Speaker 4: factual differences. So, Kyle Rittenhouse is seventeen years old, least

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Speaker 4: from Illinois. He was armed with an AR fifteen rifle.

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Speaker 4: He had no connection to Kenosha, Wisconsin. He traveled there.

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Speaker 4: He didn't have a permit to carry in Wisconsin, although

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Speaker 4: that does not matter under Wisconsin law, and he has

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Speaker 4: many like to say he became a self appointed protector

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Speaker 4: of property.

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Speaker 2: Well, so what.

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Speaker 4: I think Kyle Rittenhouse made a stupid decision, put himself

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Speaker 4: in a stupid position, and he ended up spending by

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Speaker 4: the minimum of two years of his life fighting for

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Speaker 4: his freedom. When showing up because nobody else was doing anything,

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Speaker 4: probably a stupid thing to do. Now, go back to

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Speaker 4: the victim in Minneapolis. He was a legal adult, legal

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Speaker 4: authorization to carry. Writtenhouse was a minor carrying a rifle

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Speaker 4: that he legally possessed in Wisconsin. They both had the

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Speaker 4: right to possess. So people who are trying to say, oh, well,

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Speaker 4: wait a minute, these are absolutely the same, Well they're

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Speaker 4: not really the same. When you look at the entire aftermath.

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Speaker 4: We have the entire aftermath of the Written House case.

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Speaker 4: But we don't have the entire aftermath of the predicase yet.

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Speaker 4: So Rittenhouse fired his web and at multiple people. He

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Speaker 4: shot two or he killed two, wounded one, and his

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Speaker 4: claim was self defense. That went all the way through.

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Speaker 4: He was charged with murder, attempted murder, and I think

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Speaker 4: illegal possession of a fire There at least three or

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Speaker 4: four charges, two or three felonies, one misdemeanor. The misdemeanor

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Speaker 4: illegal possession of a firearm. The judge rightly threw out

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Speaker 4: because under Wisconsin law, a miner can possess a long

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Speaker 4: gun as long as it's not a short barrel, and

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Speaker 4: I think it has to be more than sixteen inches.

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Speaker 4: The ar fifteen clearly is more than sixteen inches. So

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Speaker 4: that got thrown out, and that left the jury was

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Speaker 4: only to consider whether or not he acted in self defense.

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Speaker 4: They couldn't punt on those and say, well, we're not

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Speaker 4: really sure, but we've been finding guilty on this possession charge.

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Speaker 4: So the jury found him not guilty on the other charges,

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Speaker 4: I think rightly. So, so that's in a nuts well,

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Speaker 4: that's kind of the Writtenhouse case. In a pretty case,

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Speaker 4: he didn't fire a weapon, he didn't draw a weapon.

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Speaker 4: He was filmed helping a woman who had been pushed.

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Speaker 4: He got pepper sprayed while I was trying to help.

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Speaker 4: He was tackled by multiple agents. He was shot ten

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Speaker 4: times by those agents. He was shot after being disarmed.

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Speaker 4: Now there's a legal significance here, Writtenhouse shot people argued

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Speaker 4: self defense. Pretty was shot by law enforcement and never

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Speaker 4: got to make any claim because he died without ever

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Speaker 4: drawing his own gun. Rittenhouse gets arrested, charge with multiple

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Speaker 4: counsel of homicide, goes to trial, presented defense case, jury

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Speaker 4: acquitted him. Due process was followed him. Pretty killed on

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Speaker 4: the scene, no arrest, no charges, no trial, no opportunity

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Speaker 4: to present any defense. The agents who killed him remain

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Speaker 4: on duty, though they're not in Minneapolis anymore. Legal significance.

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Speaker 4: Writtenhouse got his day in court, The justice system worked.

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Speaker 4: Preddy got ten bullets and a dh press release calling

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Speaker 4: him a so called assassin. It's just there's just no

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Speaker 4: comparison between these two. All those things I said about

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Speaker 4: Pretty doesn't mean that I agree with all of those things.

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Speaker 4: I still think he made huge mistakes. He was a

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Speaker 4: dumbass by going there with a gun and remember all

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Speaker 4: of that because we don't know remembers. What I'm i

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Speaker 4: about to say is, we don't know whether or not

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Speaker 4: he was a member of those organizations that are putting

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Speaker 4: together all of this resistance, illegal resistance, including members of

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Speaker 4: the media who were on the Signal chats. In fact,

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Speaker 4: once they were discovered, they started locking down all their

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Speaker 4: social media accounts immediately. What are you hiding? You need

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Speaker 4: to know that in particular. I can't confirm some of

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Speaker 4: the others, but I can't confirm that NPR National Public Radio,

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Speaker 4: some of their reporters are members of those chat groups

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Speaker 4: on Signal, so they are aware of what's going on.

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Speaker 4: Now that raises all all sorts of legal issues. Are

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Speaker 4: they exercising their First Amendment rise by me being a

401
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Speaker 4: member of those groups? Or are they part of a

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Speaker 4: weak old conspiracy, a racketeer influenced, corrupt organization that is

403
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Speaker 4: engaged in violating federal law. Whoo, now we're getting pretty complicated,

404
00:24:18,640 --> 00:24:31,560
Speaker 4: aren't we getting pretty damn complicated? I would say, I'm

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Speaker 4: just trying to think of where to go next. Written house.

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Speaker 4: I think I hope you've got written house, because written

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Speaker 4: house is not a comparison that ought to be made.

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Speaker 4: I think where we get to is this, we have

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Speaker 4: federal law that in many instances allows him to carry

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Speaker 4: the weapon in that location. It's going to depend on

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Speaker 4: the facts that are established about what is the quote location.

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Speaker 4: There are some very specific federal restrictions. Obviously, you can't

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Speaker 4: carry a fair arm in a firearm in a federal facility.

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Speaker 4: There are certain buildings or grounds like you know, obviously

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Speaker 4: the White House, or a National Special Security event a

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Speaker 4: NSSEE like like the super Bowl coming up. Obviously can't

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Speaker 4: take a firearm into the super Bowl. Then there is

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Speaker 4: the Law Enforcement Officer Safety Act. You can find that

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Speaker 4: again Title eighteen, Section nine twenty six b and C.

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Speaker 4: It preempts state and local restrictions for qualified, active and

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Speaker 4: retired leos, and it allows concealed carry nationwide by qualified officers.

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Speaker 4: That's relevant because it creates an exception to many state

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Speaker 4: and local protest restrictions. And interestingly, I did digging through

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Speaker 4: Lexus Texas Saturday and Sunday. Federal law does not define

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Speaker 4: protest or political rally for purposes of whether you can

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Speaker 4: carry a firearm or not. Obviously, we got the first

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Speaker 4: Amendment protects the right of the people peaceably to assemble.

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Speaker 4: And course they've defined an assembly very very broadly, but

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Speaker 4: they never have created firearms specific protest definitions. Now there

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Speaker 4: are all sorts of cases. This is why I get

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Speaker 4: at cash Batta. You know, I love cash Hotel that

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Speaker 4: he's doing Yeoman's work as the FBI director. But what

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Speaker 4: he said on the Sunday shows I think it was

434
00:26:38,000 --> 00:26:41,880
Speaker 4: some Maria Barbiromo yesterday was just flat out wrong. There

435
00:26:41,920 --> 00:26:45,800
Speaker 4: are state laws that prohibit and restrict firearms at protests.

436
00:26:46,400 --> 00:26:53,960
Speaker 4: Louisiana has one, I'd say I found Louisiana, Virginia, North Carolina, California,

437
00:26:54,080 --> 00:26:56,239
Speaker 4: of course, New York, New Jersey of course. You know,

438
00:26:56,520 --> 00:27:01,960
Speaker 4: listen to these states Massachusetts and there are municipalities that

439
00:27:02,600 --> 00:27:09,479
Speaker 4: restrict firearms in certain protests situations. Charlottesville, Virginia, Portland, Oregon,

440
00:27:09,560 --> 00:27:11,639
Speaker 4: Minneapolis does Seattle.

441
00:27:11,720 --> 00:27:14,000
Speaker 1: So see Minneapolis.

442
00:27:13,520 --> 00:27:18,320
Speaker 4: There's no specific ordinance prohibiting firearms at protests. But Minnesota,

443
00:27:18,359 --> 00:27:22,080
Speaker 4: because it's a shall issue state, is relevant to this

444
00:27:22,320 --> 00:27:26,600
Speaker 4: case because he was legally carrying under state permit, and

445
00:27:26,840 --> 00:27:32,680
Speaker 4: a city cannot create restrictions beyond state law. So clearly

446
00:27:32,720 --> 00:27:36,960
Speaker 4: he was lawfully carrying was it Was it the right

447
00:27:36,960 --> 00:27:37,440
Speaker 4: thing to do?

448
00:27:38,480 --> 00:27:39,719
Speaker 1: Or was it a stupid thing to do?

449
00:27:40,320 --> 00:27:42,960
Speaker 4: See, it's not a right or wrong, it's whether it's

450
00:27:43,000 --> 00:27:47,200
Speaker 4: stupid or smart. I think that becomes would you say

451
00:27:48,080 --> 00:27:51,600
Speaker 4: now that becomes the issue is whether or not it

452
00:27:51,720 --> 00:27:55,520
Speaker 4: was smart or the stupid thing to do. That's what

453
00:27:55,600 --> 00:27:59,320
Speaker 4: I want you to focus on. Focus on that instead.

454
00:27:59,640 --> 00:28:02,200
Speaker 4: Oh and this hour's in win one thousand dollars is

455
00:28:02,200 --> 00:28:04,960
Speaker 4: coming up in the next five minutes thanks to Mercedes

456
00:28:04,960 --> 00:28:08,240
Speaker 4: Bins of Littleton. That's Mercedes of Littleton dot com.

457
00:28:08,520 --> 00:28:14,200
Speaker 3: Goober zero two seven seven. Best comparison is actually Bavid

458
00:28:14,440 --> 00:28:19,520
Speaker 3: an officer bird on January sixth. She wasn't armed and

459
00:28:19,640 --> 00:28:23,520
Speaker 3: she still got shot, and he was said to be

460
00:28:23,720 --> 00:28:25,880
Speaker 3: a hero, Thank you, Michael.

461
00:28:28,840 --> 00:28:33,720
Speaker 4: Whether that's a better or worse comparison, I only use

462
00:28:33,800 --> 00:28:37,840
Speaker 4: the writtenhouse comparison because that's what the left is throwing

463
00:28:37,880 --> 00:28:41,000
Speaker 4: out right now, claiming that, oh, all of the Second

464
00:28:41,040 --> 00:28:44,280
Speaker 4: Amendment advocates are now screaming about how this guy had

465
00:28:44,280 --> 00:28:45,920
Speaker 4: a gun and oh my gosh, you can't do that.

466
00:28:46,360 --> 00:28:49,560
Speaker 4: And ironically, the left is now screaming about how he

467
00:28:49,680 --> 00:28:51,280
Speaker 4: had a Second Amendment right to have a gun.

468
00:28:51,320 --> 00:28:53,040
Speaker 1: There, see how twisted. This all is.

469
00:28:54,600 --> 00:28:59,480
Speaker 4: It's incredibly twisted. I want to go to the text

470
00:28:59,480 --> 00:29:02,160
Speaker 4: messages for a moment, and in the next hour, just

471
00:29:02,160 --> 00:29:05,200
Speaker 4: so you know, I'll get to the Insurrection Act and

472
00:29:05,200 --> 00:29:08,800
Speaker 4: what Trump's done that's making me waffle a little bit

473
00:29:09,040 --> 00:29:12,120
Speaker 4: about the Insurrection Act. Not that I still don't believe

474
00:29:12,160 --> 00:29:15,920
Speaker 4: that the time has come, but as I said in

475
00:29:16,000 --> 00:29:19,160
Speaker 4: the very first part of the program, while I believe

476
00:29:19,200 --> 00:29:22,000
Speaker 4: that the time has come to invoke the Insurrection Act,

477
00:29:22,240 --> 00:29:25,800
Speaker 4: it has a lot of political, legal, and quite frankly

478
00:29:27,200 --> 00:29:31,400
Speaker 4: logistical problems that we're going to deal with that. Considering

479
00:29:31,400 --> 00:29:35,000
Speaker 4: the midterms, considering everything going on in the world right now,

480
00:29:35,600 --> 00:29:39,480
Speaker 4: Trump may have done the right thing that will give

481
00:29:39,560 --> 00:29:41,560
Speaker 4: him more time before he actually invokes that.

482
00:29:41,680 --> 00:29:43,680
Speaker 1: We'll see what happens, and I'll explain to you what

483
00:29:43,720 --> 00:29:46,360
Speaker 1: he's done when we get back. Let's go to the.

484
00:29:46,280 --> 00:29:51,440
Speaker 4: Text line, because I find an interesting I am also

485
00:29:53,200 --> 00:29:58,920
Speaker 4: pleased with how, at least using the text line as

486
00:29:59,440 --> 00:30:06,000
Speaker 4: my view into what you're thinking, you're not jumping to

487
00:30:06,280 --> 00:30:11,520
Speaker 4: these I think irrational conclusions on both sides of this,

488
00:30:12,720 --> 00:30:17,960
Speaker 4: because we don't know all of the facts yet, and

489
00:30:18,600 --> 00:30:23,080
Speaker 4: to say that it was completely unjustified. I think is ignorant,

490
00:30:23,520 --> 00:30:26,560
Speaker 4: and to call the agent or to call this victim

491
00:30:26,600 --> 00:30:34,040
Speaker 4: and assassin is absurd also, and in the context as

492
00:30:34,080 --> 00:30:39,120
Speaker 4: well of how well organized these people are, we have

493
00:30:39,200 --> 00:30:44,200
Speaker 4: to recognize that this is not just spontaneous responses to

494
00:30:44,280 --> 00:30:47,760
Speaker 4: people upset because Ice is present in their neighborhood. This

495
00:30:47,920 --> 00:30:54,920
Speaker 4: is a very well funded, coordinated, organized effort. And I

496
00:30:54,960 --> 00:31:00,400
Speaker 4: think the ultimate goal of this effort happens Saturday. I

497
00:31:00,440 --> 00:31:03,960
Speaker 4: shouldn't say that's the ultimate They wanted something like Saturday

498
00:31:04,000 --> 00:31:09,160
Speaker 4: to happen because now everyone, although you know the reality

499
00:31:09,200 --> 00:31:12,280
Speaker 4: is somebody actually being killed, causes you to pause and think, ooh,

500
00:31:12,320 --> 00:31:14,800
Speaker 4: do I really win a civil war? Do I really

501
00:31:14,840 --> 00:31:17,280
Speaker 4: want to put my life at risk? Do I really

502
00:31:17,280 --> 00:31:19,240
Speaker 4: want to go ahead and shoot somebody because they might

503
00:31:19,240 --> 00:31:23,400
Speaker 4: shoot me back? Everybody likes, Oh, beat their chest, it's

504
00:31:23,440 --> 00:31:26,480
Speaker 4: time for a civil war in this country. Yeah, until

505
00:31:26,520 --> 00:31:28,680
Speaker 4: you realize that your neighbor and may have more weapons

506
00:31:28,680 --> 00:31:34,920
Speaker 4: than you do. Let's see, we'll just go through some

507
00:31:34,960 --> 00:31:36,800
Speaker 4: of these three six seven two, Mike. Do they know

508
00:31:36,840 --> 00:31:40,719
Speaker 4: if the Ice shooter was aware that Preddy had been disarmed?

509
00:31:41,440 --> 00:31:44,920
Speaker 4: Nobody really knows. But let me tell you why it's

510
00:31:44,920 --> 00:31:52,320
Speaker 4: so complicated. And somebody else said that they question whether

511
00:31:52,480 --> 00:31:55,200
Speaker 4: or not, oh, this is nine eight ninety two, the

512
00:31:55,280 --> 00:31:57,480
Speaker 4: person seeing coming off the scrum with a gun may

513
00:31:57,480 --> 00:32:00,000
Speaker 4: not be a Border Patrol officer. Well, the first bity

514
00:32:00,240 --> 00:32:02,720
Speaker 4: I saw the same video where it looks like they

515
00:32:02,760 --> 00:32:04,440
Speaker 4: get the gun and they run and they can and

516
00:32:04,480 --> 00:32:07,760
Speaker 4: they're running away from the gun, I mean running away

517
00:32:07,760 --> 00:32:10,920
Speaker 4: from the scene. I don't know whether the guy's a

518
00:32:10,960 --> 00:32:15,040
Speaker 4: Border Patrol agent or not. I can't imagine, but I well,

519
00:32:15,040 --> 00:32:18,800
Speaker 4: actually I can't imagine, because you know, in a chaotic

520
00:32:18,880 --> 00:32:22,479
Speaker 4: scene like that, for somebody to show up wouldn't surprise

521
00:32:22,560 --> 00:32:25,800
Speaker 4: me in the least. But that's really getting a little conspiratorial.

522
00:32:27,000 --> 00:32:28,720
Speaker 4: Do they know if the ice she hear was aware

523
00:32:28,840 --> 00:32:33,120
Speaker 4: that Preddy had been disarmed. What's really great about that

524
00:32:33,240 --> 00:32:38,280
Speaker 4: question is this everything happened in nanto seconds and go

525
00:32:38,400 --> 00:32:40,440
Speaker 4: back to the movie, and it wasn't It wasn't It

526
00:32:40,480 --> 00:32:44,760
Speaker 4: was John Malkovich who was the assassin.

527
00:32:45,160 --> 00:32:48,080
Speaker 1: I forget who the other actor. Somebody said that earlier they.

528
00:32:48,440 --> 00:32:51,160
Speaker 4: But a yell gun because they're popping balloons, and the

529
00:32:51,320 --> 00:32:54,959
Speaker 4: Secret Service agent on the Presidential detail yells gun, and

530
00:32:54,960 --> 00:32:58,240
Speaker 4: of course everybody goes into mode. They go into full

531
00:32:58,240 --> 00:33:03,280
Speaker 4: blown operational mode. Well, in a scene like that, like

532
00:33:03,320 --> 00:33:06,080
Speaker 4: we saw on the streets of Minnesota, the minute someone

533
00:33:06,160 --> 00:33:09,160
Speaker 4: sees a gun yells a gun, even if they've disarmed them.

534
00:33:09,520 --> 00:33:14,040
Speaker 4: That's all happening in nanoseconds, split seconds, and the other

535
00:33:14,160 --> 00:33:18,040
Speaker 4: agents all they hear is gun. They may not necessarily

536
00:33:18,160 --> 00:33:24,000
Speaker 4: see that he's been disarmed, but they reasonably could have

537
00:33:24,080 --> 00:33:27,600
Speaker 4: an immediate fear for their lives and react by shooting.

538
00:33:30,120 --> 00:33:32,960
Speaker 4: But that's for a jury decide if it goes that far.

539
00:33:33,840 --> 00:33:37,560
Speaker 4: That's part of the investigation, is that's why they've been

540
00:33:37,560 --> 00:33:41,000
Speaker 4: taking off the scene. They've been moved elsewhere because you

541
00:33:41,000 --> 00:33:44,040
Speaker 4: don't want to put them in that situation. Now, the

542
00:33:44,040 --> 00:33:46,960
Speaker 4: other side will say, well, they've all just become trigger happy.

543
00:33:47,120 --> 00:33:48,719
Speaker 4: You know what, There may be some truth to that.

544
00:33:49,720 --> 00:33:52,360
Speaker 4: If every single day you just go try to go

545
00:33:52,480 --> 00:33:56,080
Speaker 4: to the kaniko station to you know, take a whiz

546
00:33:56,080 --> 00:33:57,840
Speaker 4: and maybe get a cup of coffee or a diet coke,

547
00:33:58,040 --> 00:34:00,840
Speaker 4: and people are screaming, whistling and arguing, pushing and shoving,

548
00:34:01,080 --> 00:34:03,680
Speaker 4: and wherever you go you can't sleep in the of course,

549
00:34:03,720 --> 00:34:08,800
Speaker 4: you're trigger happy. People are actually trying to kill you.

550
00:34:08,840 --> 00:34:11,120
Speaker 4: Put yourselves in their shoes,