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Speaker 1: Brownie.

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Speaker 2: I was listening to the blond Lady that interrupts the

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Speaker 2: end of your show yesterday. They were talking about how

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Speaker 2: that soap dispencer in the men's room smells like spicy pickles.

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Speaker 2: It don't smell like pickles. I snuck in there and

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Speaker 2: beat in it.

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Speaker 1: Are you are you quite happy now? Why?

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Speaker 3: Well, because you you said that you were a little

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Speaker 3: You're gonna play those rules of engagement ones?

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Speaker 1: Probably just the one, yeah, just the ones. It does.

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Speaker 1: It does walk up to the line. Yeah.

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Speaker 3: I don't think it necessarily crosses the line, but I

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Speaker 3: think it does.

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Speaker 1: It's like looking over the edge of the line.

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Speaker 2: Yeah.

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Speaker 3: Yeah, it's looking over the edge of the line. And

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Speaker 3: then I got so attenthee my my lawyer, Intennis went up.

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Speaker 3: So I totally miss whether or not they actually included

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Speaker 3: all the elements of the rules of engagement. I don't

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Speaker 3: believe that we didn't get a text. I don't think

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Speaker 3: the text number was in there.

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Speaker 1: Yeah.

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Speaker 3: Uh, thing about downloading of podcasts now, I think about streaming.

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Speaker 1: It was. It was all about the.

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Speaker 3: Little red microphone catching the talk back yeah, yeah, the

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Speaker 3: talkback button.

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Speaker 1: Yeah. I would say, here's what I would say.

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Speaker 3: To that particular goober A for effort, Yeah I do though, yeah,

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Speaker 3: a for effort you would, uh you you made me

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Speaker 3: very uncomfortable, not you the listener. Uh So those rules

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Speaker 3: of engagement are probably going into the archive. But again

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Speaker 3: I want to emphasize that I'm impressed with your ingenuity

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Speaker 3: and your creativity. Definitely you got somebody else involved to

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Speaker 3: so it wasn't just you, you by yourself, you know,

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Speaker 3: which probably better, my guess is in his life it

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Speaker 3: mostly is just by himself, which is you know, this

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Speaker 3: was his excuse to get somebody else involved. So yeah, well, anyway,

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Speaker 3: let's must get started. But do let me let me

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Speaker 3: do remind you that our text line is three three

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Speaker 3: one zero three keyword micro Michael.

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Speaker 4: Don't mean to no need to text Mandy at that number.

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Speaker 4: She's not gonna be able to read it.

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Speaker 3: Yeah, you don't need to text man, you don't need

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Speaker 3: to text anybody else of that number. And if you're

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Speaker 3: texting me at any other number, I'm not reading it

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Speaker 3: and I'm not seeing it. We have that because of

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Speaker 3: the nationally syndicated weekend program, which is three hundred and

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Speaker 3: fifty plus stations, and then we moved we transferred that

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Speaker 3: from that station over there now, and I can say, KOA,

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Speaker 3: we transferred it over to KOA. So you've got to

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Speaker 3: use three three one zero three if you want me

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Speaker 3: to see your text message.

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Speaker 1: And again we.

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Speaker 3: Emphasize how important text messages are and the rules of engagement,

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Speaker 3: although that one failed to do so, primarily because it's

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Speaker 3: a great way to if I say something incorrect, I

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Speaker 3: mispronounce a word, I stumble over a word. Yeah, I

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Speaker 3: do something stupid, which is has been known to occasionally happen,

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Speaker 3: then the way for you to derail the program is

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Speaker 3: to point that out to me on a text message.

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Speaker 3: Or if there's some subject that is really just driving

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Speaker 3: you nuts and you really want me to talk about it, sometimes,

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Speaker 3: particularly if it's a stupid topic, I'll start chasing the squirrel.

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Speaker 1: I want to go back. I am an idiot, and

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Speaker 1: I freely admit that. See I knew. I don't know

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Speaker 1: how those got carried over across the hallway. I don't know.

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Speaker 3: I don't know how that network thing works, So I

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Speaker 3: don't know how you were able to I'm the dumbest

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Speaker 3: son of a bitch in the world right now, Yeah,

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Speaker 3: I am right now, because I'm sitting here working with you,

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Speaker 3: that's why, and you asked for me. I know that's

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Speaker 3: the sad part I did. But you know, as you

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Speaker 3: often say, be careful what you ask for, right, Yeah,

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Speaker 3: that's right. So I'm stuck now, and now I can't

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Speaker 3: do anything about it. I forget whether it was this

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Speaker 3: week or sometime before I came over here to kaway.

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Speaker 3: Do you remember the guy that threw the subway sandwich?

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Speaker 3: In fact, I said something stupid about the subway sandwich.

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Speaker 3: I said, I forgot whether it was a six foot

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Speaker 3: or a twelve foot sandwich. Did you guys ever sell

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Speaker 3: six or twelve foot subway sandwiches?

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Speaker 1: Of course they're the party subs. Yeah, the party subs, okay, and.

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Speaker 4: Then people would come in after ordering it and freak out.

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Speaker 1: Like I didn't think was that big?

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Speaker 3: Six feet versus six inches? Yeah, twelve feet versus twelve inches?

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Speaker 1: Yes.

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Speaker 3: Anyway, I said something about the fact that I wasn't

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Speaker 3: sure that that case should have been brought in the

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Speaker 3: first place, and as we know, the verdict was that

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Speaker 3: he was found. Now, I want to make sure you

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Speaker 3: understand something about verdicts in criminal cases. A not guilty

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Speaker 3: verdict simply means that the government failed to prove beyond

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Speaker 3: a reasonable doubt for the twelve jurors that all elements,

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Speaker 3: every single element, of the crime was committed. A not

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Speaker 3: guilty verdict does not equate to a verdict of innocence.

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Speaker 3: In fact, my entire lifetime, I only know of one,

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Speaker 3: maybe two ones in Colorado, or I forget where the

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Speaker 3: other one is, where a judge has been so overwhelmed

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Speaker 3: by the innocence of a criminal defendant that after the

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Speaker 3: jury returned a not guilty verdict, the judge actually said,

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Speaker 3: the jury has found you not guilty, and that is

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Speaker 3: the law, and so you are not guilty. However, I

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Speaker 3: am going to express my opinion in this case. In

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Speaker 3: my opinion is that you are innocent of these charges.

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Speaker 3: You should never have been charged in the first place.

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Speaker 3: Then he went on to lambask the district attorney or

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Speaker 3: the prosecutor for bringing the charges in the first place.

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Speaker 3: So this verdict and DC In the Federal District Court

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Speaker 3: of the District of Columbia, the jury acquitted a guy

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Speaker 3: by name the Shawn Charles Dunn back on November sixth.

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Speaker 3: The charge was a misdemeanor assault charge for throwing a

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Speaker 3: subway salami sandwich. Now I don't know the swami sandwich

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Speaker 3: makes the difference or not to me salami or you

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Speaker 3: know it's an Italian or it's all you just says

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Speaker 3: salami sandwich.

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Speaker 1: I mean it's heart. It's in the name. Well, and

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Speaker 1: depending on the subway, it will hit harder. Can I remember?

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Speaker 3: Now, with all due respect to when you own subways,

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Speaker 3: this is a subway.

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Speaker 1: In fact, I'm not even sure.

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Speaker 3: Yes it does say specifically subway, but this is a

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Speaker 3: DC Subways shop, So the bread may have been baked

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Speaker 3: four days ago.

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Speaker 4: And it could be toasted too, if you toast one

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Speaker 4: of those sandwiches that get pretty rough.

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Speaker 3: Anyway, he charged with throwing a subway salami sandwich at

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Speaker 3: a Customs and Border Patrol officer. Now, a lot of

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Speaker 3: people would hail that verdict as a triumphant active free

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Speaker 3: speech against federal overreach. But when you look closer, when

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Speaker 3: I look closer at this popped up in my timeline

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Speaker 3: yesterday over on X which you should be following me

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Speaker 3: on X at Michael Brown USA. When I looked upon

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Speaker 3: the case and what was posted on X it really,

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Speaker 3: I'll tell you what this is a case, well not

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Speaker 3: a federal overreach, but this is the kind of case

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Speaker 3: that could erode protection that keep society orderly.

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Speaker 1: It's one more little notch in.

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Speaker 3: The progressive Marxist movement of people not being held accountable

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Speaker 3: for criminal acts. And this act to me at first,

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Speaker 3: did seem trivial. You got a sandwich versus an armored agent.

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Speaker 3: I mean he's in full body armor. But it does

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Speaker 3: kind of a precedent that blurs the line between expression

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Speaker 3: and violence, and it also potentially invites chaos for law

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Speaker 3: enforcement and quite frankly, for everybody, you know, all of

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Speaker 3: us as we walk down the streets. You know, last

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Speaker 3: night he didn't call me paranoid, but which I am sometimes.

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Speaker 3: Last night I met a friend for dinner at the Dragon.

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Speaker 3: You ever been to the Columbine Steakhouse over on Federal Boulevard.

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Speaker 3: Just it's just south of sixth Avenue on Federal. Okay, Well,

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Speaker 3: it's it's this dive that's been around for I want

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Speaker 3: to say fifty years or more, and it is one

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Speaker 3: side is serve yourself. On the other side is table service,

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Speaker 3: and it's I mean the place truly is at least

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Speaker 3: fifty or seventy five years old, and it's just you

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Speaker 3: get a really good steak cooked precisely the way you

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Speaker 3: want it. You get baked potato fries and you get it.

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Speaker 3: You get an iceberg lettuce salad with your choice addressing,

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Speaker 3: and I mean it's just chopped up iceberg lettuce and

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Speaker 3: that's it. I mean, there's nothing fancy about this place.

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Speaker 3: Oh they do have a full bar, and it's reasonably priced,

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Speaker 3: very reasonably priced. But it's on this part of Federal

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Speaker 3: Boulevard that is just sketchy. And I fully confess this.

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Speaker 3: So I realized when I get back in the car

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Speaker 3: last night that oh, I don't have enough gas to

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Speaker 3: get all the way back down to Highland's Ranch. So

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Speaker 3: I thought, wow, I really love to put gas. You know,

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Speaker 3: this is late at night last night because I didn't

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Speaker 3: stay up late. Now I'm a big boy. Now I

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Speaker 3: can stay up late. And I thought, do I really want?

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Speaker 3: So I drove down Federal till I found they very

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Speaker 3: well lit. I think it was a Condico station. I'm

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Speaker 3: not sure, but I was obviously exercising as extreme situational

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Speaker 3: awareness because that's not exactly the best part of town.

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Speaker 3: That's in fact that's the part of town where Dragon

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Speaker 3: and I have always recommended if you want to buy

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Speaker 3: an illegal gun or we always have these criminals that

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Speaker 3: somehow have a felony record, yet they somehow end up

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Speaker 3: owning a gun. We always recommend it. If you want

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Speaker 3: to do that too, then place you can do it,

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Speaker 3: just a Federal boulevard because you can always find it there.

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Speaker 3: So this case of throwing a subway sandwich, I was

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Speaker 3: thinking about it last night as I was quickly putting

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Speaker 3: just enough gas in.

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Speaker 1: The car to get back into regular civilization.

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Speaker 3: This incident happened back on August tenth, and if you remember,

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Speaker 3: back in August tenth, this was during Trump's so called

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Speaker 3: I wouldn't call it this, but people called it the cabal,

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Speaker 3: referred to it as the militarized takeover of Well truly

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Speaker 3: was a crime rental city. My very first trip to

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Speaker 3: d C in the late nineteen seventies early nineteen eighties

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Speaker 3: was I mean, it was a hell hole. You walked

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Speaker 3: across Lafayette Park on the north side of the White

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Speaker 3: House toward Saint John's Church and you entered into Mad

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Speaker 3: Max area. It was truly Mad Max area. So I

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Speaker 3: don't see DC today as being that way, although like

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Speaker 3: and it certainly take you to places in DC that

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Speaker 3: are like that. So back on August ten, that's the

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Speaker 3: time period when Trump had ordered this surge of federal

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Speaker 3: agents from CBP, ICE and the FBI into the city,

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Speaker 3: and that became a flashpoint in all the anti trumpers

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Speaker 3: and what the critics called pro crime activists all came

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Speaker 3: out and they were all just going crazy. So this

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Speaker 3: guy named Sean Dunn, he's thirty six years old, he's

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Speaker 3: an Air Force veteran, and he's a former I thought

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Speaker 3: he was a current. I knew he gotten fired. I

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Speaker 3: thought he was at the time, But he was a

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Speaker 3: former employee of the Department of Justice. He worked at

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Speaker 3: the DOJ as a pairalegal. And he is captured on

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Speaker 3: video shouting at a group of Customs and Border Patrol cops,

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Speaker 3: yelling why are you here? I don't want you in

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Speaker 3: my city, And then he took his foot long twelve

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Speaker 3: inch not twelve twelve inch swamy sub and threw it

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Speaker 3: at point blank range at CBP Officer Gregory Larmore. Now

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Speaker 3: the sandwich hit and reportedly, according to some stories, if

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Speaker 3: you're into Lexus and Texas, and you do a search

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Speaker 3: for this story, you'll find lots of stories describing it

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Speaker 3: as exploding, the exploding subway sandwich with onions and mustard. Now,

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Speaker 3: the defense lawyers argued that it stayed mostly in the

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Speaker 3: wrapper and it didn't cause any real harm. And then

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Speaker 3: once he threw the sandwich, because I mean, it takes

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Speaker 3: a tough guy to throw a sandwich at a cop, right, Well,

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Speaker 3: what did he do? He fled the scene. They got

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Speaker 3: arrested that night at his home. Jean Pierre Jane Piro,

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Speaker 3: the US Attorney for the District of Columbia, you know,

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Speaker 3: former Fox News host. She pushed for a felony assault charge.

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Speaker 3: She took it to a DC grand jury. They declined

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Speaker 3: to indict. In August of this year, he was then

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Speaker 3: charged by her with a misdemeanor under Title eighteen, which

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Speaker 3: is the Criminal Code of the US Code, Section eleven

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Speaker 3: a one. That particular section says this, it prohibits forcibly assaulting, resisting,

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Speaker 3: or interfering with a federal officer in their duties. Now,

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Speaker 3: throwing a subway sandwich, you would think might be a

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Speaker 3: fairly open and shut case. The trial was four days

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Speaker 3: in federal court four days about throwing a sandwich. That's

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Speaker 3: why initially my thought was, Ah, this was a waste

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Speaker 3: of time. The sandwich. The guy was in full body armor. Okay,

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Speaker 3: I'm wrong, I'm absolutely wrong. The jury deliberated for seven

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Speaker 3: hours and then they agreed, you know, they all came

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Speaker 3: to the agreement and they delivered the not guilty verdict

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Speaker 3: that some legal experts out they out there say that

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Speaker 3: it really amounted to jury nullification. What's jury nullification? Well,

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Speaker 3: that's a very rare but legal practice where jurors equip

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Speaker 3: based on their conscience even if the facts and the

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Speaker 3: law point to guilt. So let's say there are five

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Speaker 3: elements of the crime of forcibly assaulting, resisting, or interfering

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Speaker 3: with the federal officer and their duties. And let's say

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Speaker 3: that Judge Piro or her team were able to prove one, two, three, four,

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Speaker 3: five of those elements, and the facts match up with

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Speaker 3: the elements, and the defendant is the one rightfully charged

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Speaker 3: with violating Tile eighteen, Section one to eleven A one.

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Speaker 3: The jury goes in and the jury says, yes, we

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Speaker 3: believe he's guilty beyond a reasonable doubt based on what

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Speaker 3: the law says is illegal and what he did, but

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Speaker 3: we don't believe that he should have been charged in

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Speaker 3: the first place. So we really don't care because the

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Speaker 3: jury can do whatever they want to do, and it's

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Speaker 3: called jury nullification, so they can decide that based on

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Speaker 3: their own conscience, that they're going to find the guy

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Speaker 3: not guilty. And that's why I said it's so important

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Speaker 3: to understand the difference between a guilty and a not

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Speaker 3: guilty verdict, because a not guilty verdict does not mean

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Speaker 3: you're innocent. It simply means we don't think you've proved

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Speaker 3: all the elements of the crime, and or as in

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Speaker 3: this case, they thought, you know, he's probably guilty of

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Speaker 3: violating Title eighteen, Section one to eleven a one, but

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Speaker 3: we don't think there was any reason to charge this guy.

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Speaker 3: In response to that, the Attorney General vowed to crack

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Speaker 3: down and she said that quote, if you touch any

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Speaker 3: law enforcement officer, we're going to come after you. Now,

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Speaker 3: as I said earlier, he lost his job. But in hindsight,

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Speaker 3: this acquittal has turned this guy in kind of a

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Speaker 3: folk hero among all these left being activists. There are

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Speaker 3: posters of him mid throwing that are popping up all

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Speaker 3: around the district of Columbia. There's even a GoFundMe raising

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Speaker 3: money for his defense. And probably, you know, after that,

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Speaker 3: the lawyers will probably just turn over the extra money

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Speaker 3: to them, or may they'll represent some other defendants in

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Speaker 3: these in these kinds of cases. But at its core,

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Speaker 3: here's where I started to change my mind. At its core,

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Speaker 3: throwing a sandwich at anybody a copper otherwise is not

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Speaker 3: free speech. It is indeed an act of violence. I

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Speaker 3: know it's a sandwich, and you know, I might be

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Speaker 3: more offended by tuna fish because that's going to be

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Speaker 3: more slimy or whatever than say salami. But it is

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Speaker 3: a clear violation of most statutes in most in fact,

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Speaker 3: every state of assault and battery, and those are laws

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Speaker 3: that apply universally and not just to federal agents like

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Speaker 3: you know from is re CBP.

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Speaker 1: And then you get to our common law. Under common law.

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Speaker 3: And in statutes in all fifty states, batteries defined this way.

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Speaker 3: Battery is an intentional, unwanted physical contact that is harmful

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Speaker 3: or offensive, even if it does not cause injury. An

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Speaker 3: assault involves creating a reasonable fear of that kind of contact.

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Speaker 3: That's why you have assault and battery. So it involves

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Speaker 3: direct offensive touching without consent. So in this case the

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Speaker 3: specific charge under eighteen Section one eleven. But I think

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Speaker 3: there's a principal larger You can't just throw food at

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Speaker 3: anyone or anything or another person without facing some potential

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Speaker 3: criminal charges. And for civilians not in body armor, it

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Speaker 3: could be a simple assault, which is a misdemeanor in

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Speaker 3: most states, which is usually punishable by a fine of

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Speaker 3: maybe up to a year in jail or en battery.

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Speaker 3: In DC, simple assault carries similar penalties also, So this

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Speaker 3: is a slippery slope. And i'll explain why.

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Speaker 5: You know, Michael, I don't know if you thought that

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Speaker 5: soft porn garbage was cute, but it was disgusting. I

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Speaker 5: won't be listening to your show with you keeping upset

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Speaker 5: sort of garbage, just telling you you lost a listener.

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Speaker 1: Well, mister Redbeard, bye, Yeah. I mean, if one little.

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Speaker 3: Thing turns you off, then I would say you are

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Speaker 3: closed minded and we told you going into that, or

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Speaker 3: I should say Dragon told you going into that. Because

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Speaker 3: I didn't know what it was. Dragon just said I'm

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Speaker 3: dancing on a line here, and I said, okay, Well,

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Speaker 3: as long as you think it's that FCC compliant dance

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Speaker 3: that line, and we both agreed we drag and I

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Speaker 3: both agreed that it was like, yeah, we didn't like

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Speaker 3: it either, but we gave the guy credit for being creative.

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Speaker 4: And then if you shut your ears off and left

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Speaker 4: that talk back then and not listen to our explanation

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Speaker 4: as to probably not.

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Speaker 1: We won't do that again. Yeah, we are here to misbehave,

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Speaker 1: but we are here to.

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Speaker 3: Have fun, and we are here to misbehave, and we're

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Speaker 3: here to inform and to be serious and have fun

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Speaker 3: and everything else, which leads me to another point. Radio

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Speaker 3: is an incredibly intimate medium, and it's even more so

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Speaker 3: than it was when I are growing up, because growing up,

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Speaker 3: it was predominantly you know, you had a transistor radio

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Speaker 3: in your bedroom or in the living room, somewhere you

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Speaker 3: had you know, you had a radio that you carried

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Speaker 3: with you. And then we had the advent of the iPod,

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Speaker 3: and suddenly, you know, we got earbuds, we got headphones,

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Speaker 3: and now we got things plugged in our ears, and

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Speaker 3: people are listening at work, and they're listening on podcasts

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Speaker 3: and they're streaming, they're listening every possible way that you

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Speaker 3: can that you can possibly imagine. And I've always believed

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Speaker 3: and I've always tried to couch this program as I

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Speaker 3: am talking to you. Now you may think I'm talking

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Speaker 3: to you, but I'm really just talking to you. Oh

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Speaker 3: you think I'm talking to you, Yeah, I am talking

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Speaker 3: to you too.

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Speaker 1: I think.

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Speaker 3: In fact, in my very early days of radio, I

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Speaker 3: kept a little toy soldier over here on the console

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Speaker 3: to remind myself that I was talking to one person,

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Speaker 3: not talking to you all, not talking to all of you,

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Speaker 3: talking to one person. And I want the intimacy. I

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Speaker 3: want the intimacy that you and I are friends, that

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Speaker 3: you and I have a mental telepathy conversation going on,

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Speaker 3: that I am telling you exactly what I think, as

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Speaker 3: if you and I were sitting at where these Starbucks

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Speaker 3: where the briests are getting ready to go and strike

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Speaker 3: and sipping up which I don't like coffee, but we're

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Speaker 3: sipping on, you know, a six shot, you know, cappuccino

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Speaker 3: or a latte or whatever you say, I mean what.

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Speaker 1: You call them.

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Speaker 3: That wouldn't even know what that is, but you're six

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Speaker 3: shots of whatever it is that you get. And I'm

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Speaker 3: having a diet coach and I'm telling you what I

361
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Speaker 3: think about things, and you're sending me a text message

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Speaker 3: about how you think I'm right or wrong about something.

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Speaker 3: And so it's a very intimate relationship between me and

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Speaker 3: my audience. And I adore this audience. So when I

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Speaker 3: get this text from number from goober Goober number four

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Speaker 3: seven three five, this says this, Mike. The text number

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Speaker 3: was included, but mister dumfeces, the audience for the show

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Speaker 3: is still called the derogatory g name Goober. So off

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Speaker 3: Koa goes on my radio and a public file response

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Speaker 3: is sent to the station. By the way, Democrats mainly

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Speaker 3: call people names, not others. Goober's is a candy. We

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Speaker 3: even got some delivered to us by some Goober listeners.

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Speaker 1: It was delicious.

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Speaker 3: Jimmy, help you draft the letter to go into the

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Speaker 3: public file. I'm more than happy to do that, Goober.

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Speaker 3: While if if you don't have the ability to be

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Speaker 3: self effacing, if you don't have the ability to laugh

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Speaker 3: at yourself, and if you don't have the ability to

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Speaker 3: be a part of a family of people that have

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Speaker 3: a good time talking about serious stuff, then maybe you should,

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Speaker 3: you know, write your letter and put in the public

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Speaker 3: file and go elsewhere. You can go over and listen

383
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Speaker 3: to there's another guy that's on the air right now

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Speaker 3: who's preaching to you, So you can go listen to

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Speaker 3: that if you want to. That's fine. But goober. While

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Speaker 3: people who do not understand the term might consider it

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Speaker 3: to be offensive, it is more commonly used in a lighthearted, friendly,

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Speaker 3: or endearing way to describe a silly person like me,

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Speaker 3: especially when used jokingly or affectionately among friends. So if

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Speaker 3: you don't want to be my friend, if you don't

391
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Speaker 3: want to be one of our goobers, that okay, that's fine.

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Speaker 3: But I find it really sad, truly sad that you're

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Speaker 3: offended by that term. It shows me that you've got.

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Speaker 1: Mmm, you're just stuffer than a blame and you're just

395
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Speaker 1: lighting up Buco.

396
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Speaker 3: Lighten up, because on this program you will get insightful,

397
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Speaker 3: serious information delivered all Usually sometimes you'll find out if

398
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Speaker 3: you listen, but if you're not, that's fine.

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Speaker 1: You'll find that.

400
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Speaker 3: I'll stumbled over a word, I'll mispronounced something, or I'll

401
00:23:07,200 --> 00:23:09,600
Speaker 3: get my words twisted around because I'm going one hundred

402
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Speaker 3: miles an hour describing something ear balls, and so it's yeah, earballs.

403
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Speaker 3: So it's it's it's your loss because we know what

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Speaker 3: our numbers are and they're good, and we're happy and

405
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Speaker 3: we have a great time. And I would I would

406
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Speaker 3: just ask all the other goobers out there, all the

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Speaker 3: other goobers they've been listening to me for, you know,

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Speaker 3: the past twenty almost twenty years now on radio, that

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Speaker 3: if if you think after all this time and you

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Speaker 3: still think it's offensive, well I'm not going to change.

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Speaker 3: But two, I'd like to hear from you. And on

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Speaker 3: the other hand, if you understand the whole shick about

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Speaker 3: goobers and Gooberville, then I'd like to hear from you too.

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Speaker 3: I would really encourage it with all of the do

415
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Speaker 3: you realize what do you realize what.

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Speaker 1: I was just talking about?

417
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Speaker 3: I was talking about an assault on a federal law

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Speaker 3: enforcement officer and giving you a detailed explanation of why

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Speaker 3: I originally kind of blew that case off because I

420
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Speaker 3: thought it was overcharging. And now I've come to realize

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Speaker 3: that I think I was wrong about that, and I

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Speaker 3: think it shows that that jury in DC, regardless of

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Speaker 3: what the evidence said, decided to nullify themselves and even

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Speaker 3: though they probably unanimously agreed that he was guilty of

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Speaker 3: the charges, decided they were going to send the signal

426
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Speaker 3: that they didn't want people to be harmed. And so,

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Speaker 3: in hindsight, my realization is that verdict sends exactly the

428
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Speaker 3: wrong message. It makes everybody's lives less safe. It makes

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Speaker 3: us all subject to anybody who gets poed about anything

430
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Speaker 3: to be willing to just go throw a sandwich in

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Speaker 3: your face.

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Speaker 1: How would you like that, goober? How would you like that? Hey, Mo, I.

433
00:25:05,040 --> 00:25:09,439
Speaker 3: Still can't find Michael and Dragon, Why you knucklehead?

434
00:25:09,680 --> 00:25:13,800
Speaker 1: They're on at eight fifty am and nine am. Yeah,

435
00:25:13,800 --> 00:25:17,840
Speaker 1: but mo, which is it? Why I had amid a U?

436
00:25:18,200 --> 00:25:22,040
Speaker 1: Eight fifty am is the radio? Nine am is the time?

437
00:25:22,760 --> 00:25:27,040
Speaker 1: Yeah but mo, how's a guy supposed to know? You knucklehead?

438
00:25:27,400 --> 00:25:31,600
Speaker 1: You're probably like the rest of the goobers.

439
00:25:32,840 --> 00:25:34,960
Speaker 3: So let's go back to this verdict really quickly of

440
00:25:35,000 --> 00:25:38,520
Speaker 3: this guy named Don for throwing the subway sandwich to

441
00:25:38,600 --> 00:25:41,080
Speaker 3: a lot of people. That might add acquittal that not

442
00:25:41,160 --> 00:25:44,199
Speaker 3: guilty verdict might feel like a win against Trump and

443
00:25:44,240 --> 00:25:48,240
Speaker 3: the crackdown on illegal immigration is taking place, But actually

444
00:25:48,280 --> 00:25:50,840
Speaker 3: it's a textbook and somebody mentioned this in the text line,

445
00:25:50,880 --> 00:25:52,720
Speaker 3: and you knew exactly where I was going with this.

446
00:25:53,359 --> 00:25:56,240
Speaker 3: It's a slipery slope that could end up undermining the

447
00:25:56,320 --> 00:25:59,320
Speaker 3: rule of law for all of us. Because if a

448
00:25:59,359 --> 00:26:04,080
Speaker 3: sandwich throw it's going to be excused as harmless protest

449
00:26:04,480 --> 00:26:08,880
Speaker 3: or even worse, free speech. Then where's the line? Think

450
00:26:08,920 --> 00:26:13,080
Speaker 3: about how the situation could escalate. Well, one, you can

451
00:26:13,119 --> 00:26:16,960
Speaker 3: start getting heavier or more disruptive food items. If a

452
00:26:17,000 --> 00:26:20,560
Speaker 3: slammy sub is okay, what about a really dense sandwich,

453
00:26:21,000 --> 00:26:23,640
Speaker 3: something loaded with fillings. It could sting or bruise or breed,

454
00:26:23,760 --> 00:26:27,159
Speaker 3: or a pie, or even a milkshake you know milkshaking

455
00:26:27,160 --> 00:26:32,479
Speaker 3: incidents that's pretty popular in politics, modified projectiles. What if

456
00:26:32,480 --> 00:26:34,920
Speaker 3: the sandwich had a rock hidden inside for weight? It's

457
00:26:34,920 --> 00:26:37,840
Speaker 3: no longer just food, it's a weapon. But if the

458
00:26:37,920 --> 00:26:40,080
Speaker 3: rock alone weighs as much as a heavy sandwich, say

459
00:26:40,119 --> 00:26:43,119
Speaker 3: one or two pounds, do you still think that's free speech?

460
00:26:43,200 --> 00:26:43,760
Speaker 1: No, it's not.

461
00:26:44,880 --> 00:26:47,760
Speaker 3: Then you have all the issue of weight and material threshold.

462
00:26:48,080 --> 00:26:51,000
Speaker 3: How heavy is too heavy? A light A lightweight rock

463
00:26:51,040 --> 00:26:54,840
Speaker 3: would that be okay? So it's under a pound, that's okay. No,

464
00:26:54,960 --> 00:26:58,800
Speaker 3: you see this as a slipery smoke there's no universal, universal,

465
00:26:59,040 --> 00:27:03,040
Speaker 3: acceptable way of throwing something and hitting somebody with something,

466
00:27:03,680 --> 00:27:07,000
Speaker 3: And take the cop out of the picture. What would

467
00:27:07,040 --> 00:27:08,880
Speaker 3: you do if you were walking down the street, You're

468
00:27:08,880 --> 00:27:12,119
Speaker 3: walking down Broadway or Colfax or a federal like I was,

469
00:27:12,960 --> 00:27:15,119
Speaker 3: and somebody decides they're going to throw something at you.

470
00:27:16,880 --> 00:27:20,600
Speaker 3: Who knows what it is and who knows whether or

471
00:27:20,600 --> 00:27:24,720
Speaker 3: not it's dangerous? And then you get the problem of

472
00:27:24,760 --> 00:27:27,520
Speaker 3: just the repetition in the scale. Can somebody throw a

473
00:27:27,600 --> 00:27:31,160
Speaker 3: hundred sandwiches at different agents or maybe just one agent

474
00:27:31,160 --> 00:27:34,119
Speaker 3: on the same day, if one is excused, why not

475
00:27:34,280 --> 00:27:38,840
Speaker 3: multiple throwings? This won't stop at agents. If it's okay

476
00:27:38,840 --> 00:27:42,760
Speaker 3: to Pelton Ice or a CBP officer, why not you?

477
00:27:42,800 --> 00:27:43,359
Speaker 1: Why not me?

478
00:27:44,359 --> 00:27:47,000
Speaker 3: Imagine a protester standing out here because I call somebody

479
00:27:47,000 --> 00:27:49,880
Speaker 3: a goober smacking me in the face with a messy sandwich.

480
00:27:50,400 --> 00:27:52,240
Speaker 3: Would I have a right to defend myself? I think

481
00:27:52,280 --> 00:27:54,480
Speaker 3: I would. Would I have a lawsuit?

482
00:27:54,560 --> 00:27:56,960
Speaker 1: Yes? Could I file a criminal complaint? Yes?

483
00:27:58,040 --> 00:28:02,080
Speaker 3: Law enforcement is not forbidden from responding. We have to

484
00:28:02,160 --> 00:28:05,800
Speaker 3: remember that officers can and should use reasonable force.

485
00:28:05,560 --> 00:28:06,480
Speaker 1: To stop threats.

486
00:28:07,160 --> 00:28:08,920
Speaker 3: But in the split second, how do they know it's

487
00:28:09,359 --> 00:28:13,919
Speaker 3: just a sandwich and not something lethal. You can't You

488
00:28:14,080 --> 00:28:18,600
Speaker 3: couldn't counter with your own projectile without risking charges yourself.

489
00:28:18,920 --> 00:28:23,119
Speaker 3: In reality, all this constitutes battery in every single jurisdiction

490
00:28:23,359 --> 00:28:27,480
Speaker 3: in every state in this country. It's illegal, it's unacceptable,

491
00:28:27,720 --> 00:28:31,720
Speaker 3: and it's true, regardless of your politics and jury nullification.

492
00:28:32,000 --> 00:28:34,720
Speaker 3: I have no problem with jury notification because it is

493
00:28:34,760 --> 00:28:40,560
Speaker 3: a check on over zealous prosecutions, but it risks nullifying

494
00:28:40,920 --> 00:28:46,120
Speaker 3: laws altogether when the jurors do so based on ideology.

495
00:28:47,560 --> 00:28:53,360
Speaker 3: And because we live in such a polarized political society,

496
00:28:53,520 --> 00:28:58,320
Speaker 3: this could lead to selective law enforcement excusing a left

497
00:28:58,440 --> 00:29:03,400
Speaker 3: leaning throne sandwich while cracking down on a light right

498
00:29:03,600 --> 00:29:07,960
Speaker 3: leaning throne sandwich, or vice versa. That would result in

499
00:29:08,000 --> 00:29:10,960
Speaker 3: a society where personal safety starts to hinge on the

500
00:29:11,000 --> 00:29:17,240
Speaker 3: crowd's sympathies, not impartial justice. So I rethought this a lot.

501
00:29:18,640 --> 00:29:22,479
Speaker 3: This is not about stifling descent. Peaceful protest is vital.

502
00:29:22,720 --> 00:29:27,240
Speaker 3: I absolutely support peaceful protest. But when your expression, even

503
00:29:27,280 --> 00:29:32,880
Speaker 3: with a stupid subway sandwich, turns into throwing it at somebody,

504
00:29:33,000 --> 00:29:35,400
Speaker 3: whether it's a cop or somebody standing on the street

505
00:29:35,440 --> 00:29:41,600
Speaker 3: corner that crosses into territory, that potentially endangers us all.

506
00:29:42,520 --> 00:29:46,760
Speaker 3: Now his acquittal, I know too many on the left

507
00:29:46,880 --> 00:29:50,040
Speaker 3: it probably feels cathardic, But let me tell you what

508
00:29:50,040 --> 00:29:54,360
Speaker 3: it really does. It chips away at that thin line

509
00:29:54,880 --> 00:30:01,560
Speaker 3: that protects order in our society. I had a quick

510
00:30:01,800 --> 00:30:05,840
Speaker 3: overreaction to that story when it first broke, because there's

511
00:30:05,880 --> 00:30:09,680
Speaker 3: a lawyer. I thought, now, you know what, there's all

512
00:30:09,720 --> 00:30:12,200
Speaker 3: of this turmoil going in. You got people that are

513
00:30:12,240 --> 00:30:15,120
Speaker 3: throwing rocks and tearing down statues and doing everything else.

514
00:30:15,120 --> 00:30:17,120
Speaker 3: You got to be focusing on them.

515
00:30:17,360 --> 00:30:18,360
Speaker 1: But the more I thought.

516
00:30:18,160 --> 00:30:21,080
Speaker 3: About it, the more I realized that no, we let

517
00:30:21,240 --> 00:30:24,240
Speaker 3: one get away, and that somebody said on the text line,

518
00:30:25,240 --> 00:30:28,960
Speaker 3: it is the broken windows theory. You let little things

519
00:30:28,960 --> 00:30:32,160
Speaker 3: go like this, they become in bolden. Oh I can

520
00:30:32,160 --> 00:30:34,200
Speaker 3: throw a six inch and I can throw a twelve inch.

521
00:30:34,480 --> 00:30:36,320
Speaker 3: Now I'll put a metal rod. I'll put a piece

522
00:30:36,360 --> 00:30:40,520
Speaker 3: of rebar in a subway sandwich, you know, bread, and

523
00:30:40,640 --> 00:30:43,120
Speaker 3: I'll wrap it up and I'll throw that and I'll

524
00:30:43,120 --> 00:30:47,360
Speaker 3: break somebody's nose or guide out somebody's eye. Got to

525
00:30:47,400 --> 00:30:50,840
Speaker 3: be very very careful, and let's not just let the

526
00:30:51,240 --> 00:30:54,120
Speaker 3: idea that, oh, it's just a subway sandwich let's not

527
00:30:54,480 --> 00:30:57,680
Speaker 3: get that in the way that if we start letting

528
00:30:57,720 --> 00:31:00,400
Speaker 3: these things go where Lillian