1 00:00:00,680 --> 00:00:02,880 Speaker 1: To night. Michael Brown joins me here, the former FEMA 2 00:00:02,920 --> 00:00:05,960 Speaker 1: director of talk show host Michael Brown. Brownie, no, Brownie, 3 00:00:06,000 --> 00:00:08,000 Speaker 1: You're doing a heck of a job The Weekend with 4 00:00:08,200 --> 00:00:11,840 Speaker 1: Michael Brown broadcasting from Denver, Colorado. Hey, it's the Weekend 5 00:00:11,840 --> 00:00:14,040 Speaker 1: with Michael Brown. Really glad to have you joined in 6 00:00:14,040 --> 00:00:16,320 Speaker 1: the program today, So let's get started. You know, we've 7 00:00:16,320 --> 00:00:18,880 Speaker 1: got rules of engagement. If you won't engage in the program, 8 00:00:19,040 --> 00:00:20,919 Speaker 1: the easiest rule to remember is if you want to 9 00:00:20,960 --> 00:00:23,599 Speaker 1: send me a text message, the number is three three 10 00:00:23,760 --> 00:00:26,720 Speaker 1: one zero three three three one zero three, use the 11 00:00:26,800 --> 00:00:29,680 Speaker 1: keyword Mike or Michael e the one tell me anything 12 00:00:29,880 --> 00:00:32,680 Speaker 1: or ask me anything, three three one zero three, and 13 00:00:32,880 --> 00:00:35,279 Speaker 1: don't forget Be sure and follow me on X at 14 00:00:35,320 --> 00:00:39,839 Speaker 1: Michael Brown USA, at Michael Brown USA. You remember this 15 00:00:40,000 --> 00:00:44,240 Speaker 1: video of these congress critters. You had Senator Mark Kelly 16 00:00:44,240 --> 00:00:48,360 Speaker 1: from Arizona, you had Jason Crowe, the congressman from Colorado, 17 00:00:48,720 --> 00:00:53,440 Speaker 1: and the others who appear on video. And to me, 18 00:00:53,840 --> 00:00:56,400 Speaker 1: it appears that they're undermining, or at least trying to 19 00:00:56,520 --> 00:01:01,040 Speaker 1: undermine the military chain of command. I just find it wrong. 20 00:01:01,560 --> 00:01:04,600 Speaker 1: If you don't remember the video here ideos or Mark 21 00:01:04,680 --> 00:01:09,759 Speaker 1: Kelly Representative christ Luzios, Maggie Goodland, your Representative Chrissy Hulahn, 22 00:01:09,880 --> 00:01:12,479 Speaker 1: Congressman Jason Crowe. I was a captain in the United 23 00:01:12,520 --> 00:01:16,440 Speaker 1: States Navy, former CIA officer, former Davy, former paratrooper and 24 00:01:16,520 --> 00:01:20,200 Speaker 1: Army ranger, former intelligence officer, former Air Force. We want 25 00:01:20,240 --> 00:01:22,399 Speaker 1: to speak directly to members of the military and the 26 00:01:22,440 --> 00:01:26,280 Speaker 1: intelligence community to take risks each day keep Americans safe. 27 00:01:26,319 --> 00:01:29,320 Speaker 1: We know you are under enormous stress and pressure right now. 28 00:01:29,480 --> 00:01:32,600 Speaker 1: Americans trust their military, but that trust is at risk. 29 00:01:32,800 --> 00:01:37,000 Speaker 1: This administration is hitting our uniform military and intelligence community 30 00:01:37,040 --> 00:01:41,000 Speaker 1: professionals against American citizens like us. You all swore an 31 00:01:41,000 --> 00:01:45,120 Speaker 1: oath to defend this constitution. Right now, the threats to 32 00:01:45,120 --> 00:01:47,560 Speaker 1: our constitution aren't just coming from a broad but from 33 00:01:47,640 --> 00:01:50,200 Speaker 1: right here at home. Our raws are clear. You can 34 00:01:50,280 --> 00:01:55,040 Speaker 1: refuse illegal orders. You can refuse illegal orders. You must 35 00:01:55,080 --> 00:01:58,320 Speaker 1: refuse illegal orders. No one has to carry out orders 36 00:01:58,320 --> 00:02:01,640 Speaker 1: that violate the law or are constitution. We know this 37 00:02:01,720 --> 00:02:03,640 Speaker 1: is hard and that it's a difficult time to be 38 00:02:03,640 --> 00:02:06,040 Speaker 1: a public servant. But whether you're serving in the CIA, 39 00:02:06,320 --> 00:02:10,200 Speaker 1: the Army, or Navy the Air Force, your vigilance is critical. 40 00:02:10,440 --> 00:02:13,480 Speaker 1: I know that we have your back because now more 41 00:02:13,520 --> 00:02:16,280 Speaker 1: than ever, the American people need you. We need you 42 00:02:16,320 --> 00:02:19,240 Speaker 1: to stand up for our laws, constitution, and who we 43 00:02:19,280 --> 00:02:23,120 Speaker 1: are as Americans. Don't give up, don't give up, don't 44 00:02:23,120 --> 00:02:28,920 Speaker 1: give up, don't give up the ship. And there you 45 00:02:28,960 --> 00:02:31,480 Speaker 1: have it. Now you may recall and if you didn't 46 00:02:31,480 --> 00:02:33,519 Speaker 1: hear I talked about it, and quite frankly, I don't 47 00:02:33,520 --> 00:02:35,919 Speaker 1: remember whether I did it on the weekend program or 48 00:02:35,960 --> 00:02:39,040 Speaker 1: the weekday program. But if you go to the podcast, 49 00:02:39,120 --> 00:02:41,400 Speaker 1: if you go to Michael Says go here dot com, 50 00:02:41,760 --> 00:02:45,120 Speaker 1: or if you already download the podcast, you can find 51 00:02:45,160 --> 00:02:48,320 Speaker 1: where I talked about the Uniform Code of Military Justice. 52 00:02:48,639 --> 00:02:50,880 Speaker 1: And while they talk about you know, hey, it's pretty 53 00:02:50,960 --> 00:02:56,120 Speaker 1: clear that you can disobey an illegal order. Nonetheless, I 54 00:02:56,280 --> 00:03:00,480 Speaker 1: pointed out that the process for doing that is actually 55 00:03:00,520 --> 00:03:03,640 Speaker 1: quite convoluted, and you need just you know, you start 56 00:03:03,680 --> 00:03:06,360 Speaker 1: with your immediate you know, your immediate supervisor if you 57 00:03:06,400 --> 00:03:09,600 Speaker 1: will for the private sector, but you're your your immediate commander, 58 00:03:09,800 --> 00:03:11,760 Speaker 1: and you work your way up to chain, and of 59 00:03:11,760 --> 00:03:15,839 Speaker 1: course the order has to be obviously illegal, and there's 60 00:03:15,880 --> 00:03:18,040 Speaker 1: a process. And of course if you if you just 61 00:03:18,080 --> 00:03:21,320 Speaker 1: blatantly decide that you think that the order is illegal, 62 00:03:21,639 --> 00:03:26,280 Speaker 1: then you're actually violating the Code of Military Justice, and 63 00:03:26,400 --> 00:03:28,240 Speaker 1: you're going to be the one that's going to get 64 00:03:28,240 --> 00:03:31,600 Speaker 1: in trouble for that. Well, since that video was released 65 00:03:31,600 --> 00:03:36,920 Speaker 1: some time ago, the administration has indicated the likelihood that 66 00:03:36,960 --> 00:03:40,560 Speaker 1: they are going to maybe open an investigation of all 67 00:03:40,600 --> 00:03:43,880 Speaker 1: those caveats there. Likely maybe well, I don't know whether 68 00:03:43,960 --> 00:03:47,240 Speaker 1: by the time, you know, we get after past Thanksgiving, 69 00:03:47,520 --> 00:03:50,280 Speaker 1: we get passed, you know, into the holidays. I don't 70 00:03:50,280 --> 00:03:52,720 Speaker 1: know whether they would really do it or not. But 71 00:03:53,360 --> 00:03:56,200 Speaker 1: the more I read and studied the Uniform Code of 72 00:03:56,240 --> 00:03:59,760 Speaker 1: Military Justice, the more I talked about and thought about 73 00:04:00,120 --> 00:04:04,720 Speaker 1: Title eighteen US Code, Section twenty three eighty seven, I 74 00:04:04,760 --> 00:04:09,080 Speaker 1: got to thinking that perhaps what these people are doing 75 00:04:09,920 --> 00:04:13,480 Speaker 1: is more than just trying to get attention. Because my 76 00:04:14,160 --> 00:04:17,520 Speaker 1: initial thought, my initial reaction to the video was here 77 00:04:17,520 --> 00:04:20,039 Speaker 1: are a bunch of Yahoo's, a bunch of Congress critters who 78 00:04:20,160 --> 00:04:23,400 Speaker 1: don't like Donald Trump. They don't like perhaps his attack 79 00:04:23,480 --> 00:04:26,320 Speaker 1: on the drug vessels coming out of Venezuela. They don't 80 00:04:26,360 --> 00:04:28,520 Speaker 1: like what he did with the Uranians, you know, blowing 81 00:04:28,560 --> 00:04:31,200 Speaker 1: up the Uranian nuclear sites. They don't like almost any 82 00:04:31,560 --> 00:04:36,240 Speaker 1: probably everything that Trump does they don't like. And that's fine, 83 00:04:36,480 --> 00:04:39,679 Speaker 1: But if you don't like what he does, then there's 84 00:04:39,760 --> 00:04:43,400 Speaker 1: obviously a mechanism to voice your opinion, either on the 85 00:04:43,440 --> 00:04:45,960 Speaker 1: Senate or the House floor, that you don't like what 86 00:04:46,080 --> 00:04:49,440 Speaker 1: he's doing. You can introduce legislation to stop him from 87 00:04:49,440 --> 00:04:53,040 Speaker 1: doing what he's doing. But to just go on to 88 00:04:53,200 --> 00:04:58,040 Speaker 1: a video and then make this claim that hey, you 89 00:04:58,120 --> 00:05:03,359 Speaker 1: can just disobey the illegal order really does undermine the 90 00:05:03,440 --> 00:05:07,800 Speaker 1: military chain of command. Now, since they'd released the video, 91 00:05:08,320 --> 00:05:11,480 Speaker 1: there have been numerous instances where they have these all 92 00:05:11,480 --> 00:05:13,599 Speaker 1: these Yahoo's Mark Kelly and Jason Crow and the rest 93 00:05:13,640 --> 00:05:18,720 Speaker 1: of them have appeared on television in which they've been 94 00:05:18,800 --> 00:05:22,240 Speaker 1: asked for example, can you can you tell us an example? 95 00:05:22,320 --> 00:05:25,760 Speaker 1: What is it that caused you to do this? What 96 00:05:25,839 --> 00:05:31,000 Speaker 1: are some examples? And they suddenly get very quiet, and 97 00:05:31,040 --> 00:05:34,160 Speaker 1: they get a little discombobulated, they get a little evasive. 98 00:05:34,520 --> 00:05:39,240 Speaker 1: One they can't give any singular example, let alone numerous 99 00:05:39,279 --> 00:05:42,839 Speaker 1: examples of anything that Donald Trump has said or ordered, 100 00:05:43,040 --> 00:05:45,279 Speaker 1: or for that matter, that the Secretary of War or 101 00:05:45,279 --> 00:05:47,400 Speaker 1: that any commander up and down the chain of command 102 00:05:47,839 --> 00:05:51,960 Speaker 1: has ordered the troops to do which would be considered illegal. 103 00:05:52,560 --> 00:05:57,000 Speaker 1: And then they start backtracking, and the backtracking is essentially that, well, 104 00:05:57,040 --> 00:05:58,720 Speaker 1: we were just trying to remind them of what their 105 00:05:58,800 --> 00:06:04,440 Speaker 1: duty is really by trying to undermine the military chain 106 00:06:04,480 --> 00:06:07,400 Speaker 1: of command. Now, why do I keep going back to 107 00:06:07,440 --> 00:06:12,200 Speaker 1: that phrase about undermining the military chain of command? Because 108 00:06:12,560 --> 00:06:16,080 Speaker 1: again Title eighteen, Section twenty three eighty seven of the 109 00:06:16,160 --> 00:06:19,760 Speaker 1: US Criminal Code, which is part of the US the 110 00:06:19,800 --> 00:06:24,320 Speaker 1: Military Code of Uniform Justice, makes it illegal to advise 111 00:06:24,880 --> 00:06:29,560 Speaker 1: counsel or in any manner, cause in subordination or refusal 112 00:06:29,600 --> 00:06:33,000 Speaker 1: of duty by any member of the military. It's a 113 00:06:33,040 --> 00:06:37,920 Speaker 1: pretty clear cut statute. Bear with me, let's go through 114 00:06:38,000 --> 00:06:41,320 Speaker 1: parts of it. Whoever, with the intent to interfere with, 115 00:06:41,680 --> 00:06:45,560 Speaker 1: impair or influence the loyalty, the morale, or the discipline 116 00:06:45,560 --> 00:06:48,000 Speaker 1: of the military or naval forces of the United States 117 00:06:48,960 --> 00:06:53,840 Speaker 1: by one, advises Council's urges or in any manner, causes 118 00:06:53,960 --> 00:06:59,160 Speaker 1: or attempts to cause in subordination, disloyalty, mutiny, or refusal 119 00:06:59,200 --> 00:07:01,640 Speaker 1: of duty by any member of the military or naval 120 00:07:01,640 --> 00:07:05,200 Speaker 1: forces of the United States. That's number one or number two. 121 00:07:06,120 --> 00:07:11,120 Speaker 1: Distributes or attempts to distribute any written or printed material 122 00:07:11,480 --> 00:07:18,080 Speaker 1: which advises councils or urges in subordination, disloyalty, mutiny, or 123 00:07:18,120 --> 00:07:20,920 Speaker 1: refusal of duty by any member of the military or 124 00:07:21,000 --> 00:07:25,960 Speaker 1: naval forces of the United States shall be fined under 125 00:07:26,000 --> 00:07:32,480 Speaker 1: this title or imprisoned not more than ten years, or both, 126 00:07:32,920 --> 00:07:35,679 Speaker 1: and shall be ineligible for employment by the United States 127 00:07:35,840 --> 00:07:39,000 Speaker 1: or any department or agency of the era thereof for 128 00:07:39,080 --> 00:07:46,440 Speaker 1: the five years next following his conviction. I emphasize, shall 129 00:07:46,680 --> 00:07:52,120 Speaker 1: be fined not more imprisoned not more than ten years, 130 00:07:52,400 --> 00:07:56,280 Speaker 1: and shall be ineligible for employment by the United States. 131 00:07:57,840 --> 00:08:02,560 Speaker 1: Now President Trump's first term office, we all know it 132 00:08:02,640 --> 00:08:06,320 Speaker 1: was sabotaged from within, led by James coney Is, then 133 00:08:06,360 --> 00:08:09,280 Speaker 1: the director of the FBI. There are all these different 134 00:08:09,280 --> 00:08:14,920 Speaker 1: elements of the United States law enforcement, our national security apparatus, 135 00:08:15,240 --> 00:08:20,880 Speaker 1: the intel communities, all conducted years long official government efforts 136 00:08:21,240 --> 00:08:25,200 Speaker 1: trying to do what trying to subvert Trump's authority as 137 00:08:25,240 --> 00:08:28,920 Speaker 1: the elected executive and the commander in chief of the 138 00:08:29,040 --> 00:08:33,199 Speaker 1: armed forces. In President Trump on behalf of not just 139 00:08:33,320 --> 00:08:39,000 Speaker 1: himself but all future presidents. Can't allow that to happen. Ever, again, 140 00:08:40,000 --> 00:08:42,960 Speaker 1: it is within his power to make leaders of the 141 00:08:43,000 --> 00:08:46,760 Speaker 1: self proclaimed so called resistance within the government to take 142 00:08:46,800 --> 00:08:51,920 Speaker 1: a step back, rethink their tactics, even when those individuals 143 00:08:52,120 --> 00:08:55,760 Speaker 1: are elective members of the United States Congress. Now this 144 00:08:55,920 --> 00:08:58,880 Speaker 1: is not a shield that protects them from the consequences 145 00:08:58,920 --> 00:09:02,199 Speaker 1: of behavior. This is potentially criminal, and I want to 146 00:09:02,240 --> 00:09:06,760 Speaker 1: explain why I think this is potentially criminal activity. It's 147 00:09:06,800 --> 00:09:09,160 Speaker 1: the Weekend with Michael Brown. Thanks for joining. Text lines 148 00:09:09,200 --> 00:09:12,480 Speaker 1: always open three three one zero three, keyword Michael, Michael. 149 00:09:12,640 --> 00:09:20,080 Speaker 1: I'll be right back. Welcome back to the Weekend with 150 00:09:20,080 --> 00:09:21,520 Speaker 1: Michael Brown. Glad to have you with me. I hope 151 00:09:21,559 --> 00:09:24,800 Speaker 1: everybody had a great Thanksgiving. We're talking about this video 152 00:09:24,920 --> 00:09:29,360 Speaker 1: that these members of Congress made that encourages in my opinion, 153 00:09:29,840 --> 00:09:36,360 Speaker 1: because it implies that President Trump, as commander in chief, 154 00:09:36,960 --> 00:09:39,839 Speaker 1: or perhaps the Secretary of War Pete Hegsath, maybe the 155 00:09:39,920 --> 00:09:44,000 Speaker 1: Chairman of the Joint Chiefs, somebody in somebody's you know, 156 00:09:44,040 --> 00:09:48,400 Speaker 1: some enlisted you know grunt's chain of command was issued 157 00:09:48,440 --> 00:09:52,600 Speaker 1: in illegal order, and they're trying to tell them, hey, 158 00:09:52,880 --> 00:09:57,240 Speaker 1: you can disobey illegal orders. Well, what are they? They 159 00:09:57,320 --> 00:10:00,560 Speaker 1: never named them, they never explain what they are. They 160 00:10:01,480 --> 00:10:04,400 Speaker 1: can't explain even why they did it, other than they 161 00:10:04,440 --> 00:10:08,680 Speaker 1: wanted to remind people of what they had the right 162 00:10:08,760 --> 00:10:14,000 Speaker 1: to do. But you take a young you know, perhaps 163 00:10:14,000 --> 00:10:17,679 Speaker 1: somebody from the inner city, somebody who you know, maybe 164 00:10:17,880 --> 00:10:22,160 Speaker 1: maybe got a ged and they decided to join the military, 165 00:10:22,679 --> 00:10:27,679 Speaker 1: and it turns out to be a little less, a 166 00:10:27,720 --> 00:10:29,600 Speaker 1: little less likable than what they thought it was going 167 00:10:29,640 --> 00:10:32,080 Speaker 1: to be. It turns out to be really tough. You 168 00:10:32,200 --> 00:10:34,640 Speaker 1: have to be disciplined. You know, they're getting you up 169 00:10:34,640 --> 00:10:36,920 Speaker 1: at four or five o'clock in the morning. You're doing 170 00:10:36,960 --> 00:10:40,160 Speaker 1: all this running and exercises and training. You got a 171 00:10:40,240 --> 00:10:42,720 Speaker 1: drill sergeant that's yelling at you, you have to dress 172 00:10:42,760 --> 00:10:44,839 Speaker 1: a certain way, you got a buzz cut, and suddenly 173 00:10:44,920 --> 00:10:46,440 Speaker 1: you can't do all the things that you used to 174 00:10:46,440 --> 00:10:48,400 Speaker 1: do when you were in high school. And suddenly you 175 00:10:48,400 --> 00:10:51,720 Speaker 1: don't like things, and you think what your commanding officer 176 00:10:51,920 --> 00:10:54,440 Speaker 1: is requiring you to do, well, that's just wrong. That's 177 00:10:54,520 --> 00:10:58,400 Speaker 1: just wrong. And then you see this video because you 178 00:10:58,440 --> 00:11:00,920 Speaker 1: know that the troops have all heard about it, troops 179 00:11:00,920 --> 00:11:04,640 Speaker 1: have all looked at it. And so here's some young 180 00:11:04,840 --> 00:11:10,160 Speaker 1: enlisted kid doesn't really know any better, isn't that well educated, 181 00:11:10,600 --> 00:11:14,240 Speaker 1: and suddenly says, yeah, I think my real sergeant is 182 00:11:14,280 --> 00:11:16,000 Speaker 1: making me do something that I don't want to do, 183 00:11:16,280 --> 00:11:17,640 Speaker 1: and so I'm just not going to do it. They 184 00:11:17,679 --> 00:11:21,360 Speaker 1: told me, I don't have to obey an illegal order. Wow, 185 00:11:22,679 --> 00:11:25,679 Speaker 1: is he going to well? I hope he doesn't wind up, 186 00:11:25,800 --> 00:11:28,920 Speaker 1: you know, wind up in Leavenworth, but he certainly could 187 00:11:28,960 --> 00:11:31,880 Speaker 1: wind up kicked out of the military, losing all of 188 00:11:31,880 --> 00:11:36,280 Speaker 1: his benefits, having a dishonorable discharge, which is going to 189 00:11:36,520 --> 00:11:38,959 Speaker 1: follow him for the rest of his life or her life. 190 00:11:39,640 --> 00:11:42,880 Speaker 1: So I think these people, these Congress critors, were truly 191 00:11:43,000 --> 00:11:47,320 Speaker 1: irresponsible in making this video. And now it's gone one 192 00:11:47,360 --> 00:11:49,880 Speaker 1: step further because the more I start looking at the 193 00:11:49,920 --> 00:11:52,800 Speaker 1: Uniform Code of Military Justice, the more I realized that 194 00:11:52,880 --> 00:11:56,640 Speaker 1: there's actually a statute that says, yeah, don't you dare 195 00:11:56,640 --> 00:11:59,960 Speaker 1: her go out and start trying to engage in activity. 196 00:12:00,080 --> 00:12:05,119 Speaker 1: These that you know, attempt to interfere with impair or influence. 197 00:12:05,400 --> 00:12:10,400 Speaker 1: Remember the loyalty, the morale, or the discipline of the 198 00:12:10,440 --> 00:12:16,880 Speaker 1: military or naval forces of the United States. This this act. 199 00:12:17,120 --> 00:12:19,920 Speaker 1: Those serving members of the government in the Congress that 200 00:12:20,040 --> 00:12:23,959 Speaker 1: made the video directing their comments at the active duty 201 00:12:24,000 --> 00:12:27,840 Speaker 1: military everything from what he won privates to O ten 202 00:12:27,880 --> 00:12:32,880 Speaker 1: admirals or generals, and then referencing quote this administration as 203 00:12:32,920 --> 00:12:37,400 Speaker 1: the subject of their so called advice and counsel. They 204 00:12:37,600 --> 00:12:42,280 Speaker 1: have potentially interfered with the chain of command, and they've 205 00:12:42,360 --> 00:12:45,880 Speaker 1: done so in a way that certainly reasonably could be 206 00:12:45,960 --> 00:12:52,400 Speaker 1: expected to cause insubordination or refusal of duty. They acted 207 00:12:52,760 --> 00:12:56,960 Speaker 1: recklessly in you know, if we were talking about civil 208 00:12:57,040 --> 00:13:00,280 Speaker 1: lawsuits taking outside the military for a moment, if we 209 00:13:00,280 --> 00:13:04,280 Speaker 1: were talking about, you know, a car accident. Were you 210 00:13:04,520 --> 00:13:07,880 Speaker 1: negligent because you failed to turn your signal ongu Were 211 00:13:07,920 --> 00:13:11,520 Speaker 1: you negligent because you were speeding, you were doing something, 212 00:13:11,920 --> 00:13:14,880 Speaker 1: or maybe you were distracted in the car because you know, 213 00:13:14,920 --> 00:13:16,960 Speaker 1: a lot of states have where you can't you have 214 00:13:17,040 --> 00:13:19,840 Speaker 1: to have your phone hands free, but you were using 215 00:13:19,880 --> 00:13:23,559 Speaker 1: your phone to text something you have you have affirmatively 216 00:13:24,400 --> 00:13:29,880 Speaker 1: and negligently caused an accident. If you're texting on your phone, 217 00:13:30,240 --> 00:13:32,800 Speaker 1: staring down at your phone and your rear in somebody, 218 00:13:33,400 --> 00:13:35,319 Speaker 1: or you run a stop sign or a red light 219 00:13:35,440 --> 00:13:38,120 Speaker 1: or whatever it is, you're the one that is negligent 220 00:13:38,400 --> 00:13:42,320 Speaker 1: and you're the cause of that accident. What if that's 221 00:13:42,320 --> 00:13:46,280 Speaker 1: what these people have done. They've now potentially interfered with 222 00:13:46,360 --> 00:13:48,960 Speaker 1: the chain of command, and they've done so in a 223 00:13:49,000 --> 00:13:53,880 Speaker 1: way that does cause or could cause insubordination and a 224 00:13:53,960 --> 00:13:58,479 Speaker 1: refusal of duty. They have actually brought this investigation upon themselves. 225 00:13:58,720 --> 00:14:02,720 Speaker 1: They have invited this investigation by federal law enforcement under 226 00:14:02,720 --> 00:14:06,959 Speaker 1: the direction of the Attorney General, who's undertaking an examination 227 00:14:07,440 --> 00:14:12,840 Speaker 1: on the subject of this whether their words moved from 228 00:14:13,240 --> 00:14:16,880 Speaker 1: the realm of free speech protected by the First Amendment 229 00:14:17,679 --> 00:14:22,000 Speaker 1: to a violation of federal law that they themselves, as 230 00:14:22,080 --> 00:14:27,000 Speaker 1: members members of Congress, swore an oath to uphold. Now, 231 00:14:27,040 --> 00:14:30,280 Speaker 1: whether they cross that boundary is not for the Attorney 232 00:14:30,280 --> 00:14:35,440 Speaker 1: General to decide. If the evidence suggests they have, then 233 00:14:35,480 --> 00:14:38,160 Speaker 1: guess who it's up to decide whether or not they 234 00:14:38,280 --> 00:14:43,160 Speaker 1: violated the law. Twelve jurors of their peers, that's who. 235 00:14:44,280 --> 00:14:46,560 Speaker 1: But I think it is incumbent upon the Attorney General 236 00:14:46,960 --> 00:14:50,680 Speaker 1: to facilitate the investigation that might one day, you know, 237 00:14:50,760 --> 00:14:54,520 Speaker 1: someday lead to that question being asked of and then 238 00:14:54,680 --> 00:14:58,840 Speaker 1: answered by twelve jurors. So what should we do well, 239 00:14:58,840 --> 00:15:02,600 Speaker 1: I think the Attorney General should direct the National Security 240 00:15:02,640 --> 00:15:06,360 Speaker 1: Branch and the Public Corruption Section of the Criminal Division 241 00:15:06,760 --> 00:15:10,000 Speaker 1: of the Department of Justice to open a criminal grand 242 00:15:10,040 --> 00:15:15,120 Speaker 1: jury investigation. A grand jury investigation does not determine the 243 00:15:15,160 --> 00:15:19,840 Speaker 1: guilt or innocence. It only explores activity that has drawn 244 00:15:19,920 --> 00:15:24,200 Speaker 1: scrutiny to itself. Think about that, because that's what these 245 00:15:24,280 --> 00:15:28,440 Speaker 1: yahoos have done. They have drawn scrutiny to themselves. They 246 00:15:28,480 --> 00:15:31,160 Speaker 1: first make the video, then they go on, you know, 247 00:15:31,200 --> 00:15:34,000 Speaker 1: they go to every outland of the cabal that will 248 00:15:34,000 --> 00:15:36,920 Speaker 1: have them on, and they talk about it. They even 249 00:15:36,960 --> 00:15:40,240 Speaker 1: go into hostile territory. By that, I mean some of 250 00:15:40,280 --> 00:15:43,320 Speaker 1: these liberals like Mark Kelly and Jason Crowe go on 251 00:15:43,360 --> 00:15:48,400 Speaker 1: to Fox News, and Fox News asks very specifically, what 252 00:15:48,520 --> 00:15:52,560 Speaker 1: were you trying to do? And can you give me examples? 253 00:15:53,320 --> 00:15:57,280 Speaker 1: And Jason Crow, congressman from here in Colorado, dances around 254 00:15:57,520 --> 00:16:02,080 Speaker 1: like some ballet dancer, just tip toying and purading around 255 00:16:02,200 --> 00:16:06,720 Speaker 1: everything other than answering the question. So they themselves are 256 00:16:06,720 --> 00:16:10,040 Speaker 1: the ones that have drawn the scrutiny. They you know, 257 00:16:10,560 --> 00:16:13,000 Speaker 1: you make a video, you send it out for the 258 00:16:13,120 --> 00:16:16,240 Speaker 1: entire world to see. You remember the United States Congress, 259 00:16:16,360 --> 00:16:19,000 Speaker 1: You remember the United States Senate. Some of them are 260 00:16:19,200 --> 00:16:22,680 Speaker 1: very well known. Some are former members of the intel community, 261 00:16:22,680 --> 00:16:27,360 Speaker 1: including the CIA. They know what their oath is. They 262 00:16:27,680 --> 00:16:31,040 Speaker 1: should know what the federal law is. I mean, after all, 263 00:16:31,080 --> 00:16:33,520 Speaker 1: they're the ones that write the laws. They should understand it. 264 00:16:33,560 --> 00:16:37,200 Speaker 1: And many of them are themselves lawyers, so there's no 265 00:16:37,280 --> 00:16:40,440 Speaker 1: excuse for this. And I want to remind you a 266 00:16:40,520 --> 00:16:45,200 Speaker 1: grand jury investigation is not the determinant of guilt. It 267 00:16:45,320 --> 00:16:49,080 Speaker 1: only explores that activity. So they would just be looking 268 00:16:49,160 --> 00:16:53,400 Speaker 1: at the video and all of the evidence surrounding the video. 269 00:16:54,600 --> 00:16:57,720 Speaker 1: The grand jury is just simply a tool used by 270 00:16:57,720 --> 00:17:01,600 Speaker 1: federal law enforcement to gather in about the suspect, the 271 00:17:01,640 --> 00:17:05,960 Speaker 1: suspect activity, and about the people who engaged in the 272 00:17:06,000 --> 00:17:09,440 Speaker 1: suspect activity. So the members that appear in this video 273 00:17:10,359 --> 00:17:14,040 Speaker 1: cited their official positions. I'm a former I'm a member 274 00:17:14,080 --> 00:17:17,320 Speaker 1: of Congress and a former member of the CIA. I 275 00:17:17,359 --> 00:17:19,720 Speaker 1: am a member of the United States Senate and a 276 00:17:19,760 --> 00:17:23,240 Speaker 1: former member of NASA and the United States Navy. I 277 00:17:23,320 --> 00:17:25,560 Speaker 1: am a former member of Congress, and I used to 278 00:17:25,560 --> 00:17:31,240 Speaker 1: be an Army ranger. They very specifically said who they were, 279 00:17:32,200 --> 00:17:36,000 Speaker 1: and by citing their official positions and their past military 280 00:17:36,080 --> 00:17:40,800 Speaker 1: service as an appeal to authority, which is what the 281 00:17:40,840 --> 00:17:46,280 Speaker 1: statute requires. So by doing that, they have invited themselves 282 00:17:47,240 --> 00:17:50,680 Speaker 1: an inquiry into their own conduct. Now, these statements were 283 00:17:50,680 --> 00:17:52,760 Speaker 1: not made on the floor of either the House of 284 00:17:52,840 --> 00:17:55,919 Speaker 1: Congress Houses of Congress, either the House or the Senate, 285 00:17:56,240 --> 00:17:59,400 Speaker 1: so they are not protected by the speech and debate clause. 286 00:18:00,240 --> 00:18:01,960 Speaker 1: If they'd made this statement on the floor of the 287 00:18:01,960 --> 00:18:03,840 Speaker 1: House or the floor of the Senate, they would be 288 00:18:03,920 --> 00:18:08,480 Speaker 1: protected by speeching and debate, but they did not. So 289 00:18:08,640 --> 00:18:11,760 Speaker 1: what should happen? It's the Weekend with Michael Brown. Text 290 00:18:11,800 --> 00:18:14,159 Speaker 1: the word Michael and Michael to three three, one zero three. 291 00:18:14,280 --> 00:18:25,440 Speaker 1: What should happen? That's next tonight. Michael Brown joins me here, 292 00:18:25,520 --> 00:18:29,320 Speaker 1: the former FEMA director of talk show host Michael Brown. Brownie, No, Brownie, 293 00:18:29,320 --> 00:18:31,400 Speaker 1: You're doing a heck of a job. The Weekend with 294 00:18:31,520 --> 00:18:34,480 Speaker 1: Michael Brown. Hey, it's the Weekend with Michael Brown. Glad 295 00:18:34,520 --> 00:18:36,040 Speaker 1: to have you with me. I appreciate you tuning. I 296 00:18:36,040 --> 00:18:38,680 Speaker 1: hope everybody had a great Thanksgiving. So we're talking about 297 00:18:38,720 --> 00:18:42,000 Speaker 1: this video that these members of Congress did then encouraged 298 00:18:42,320 --> 00:18:45,439 Speaker 1: members of the military to order remind members of the 299 00:18:45,440 --> 00:18:49,399 Speaker 1: military to be kind of fair, that they have a 300 00:18:49,520 --> 00:18:53,600 Speaker 1: right to object to illegal orders and this whole video. 301 00:18:54,359 --> 00:18:57,040 Speaker 1: And I mean, it's been what almost it's been at 302 00:18:57,080 --> 00:19:00,240 Speaker 1: least ten days two weeks now since this video came out, 303 00:19:00,680 --> 00:19:04,440 Speaker 1: and I think it's backfired on them more than they expected. 304 00:19:04,920 --> 00:19:07,520 Speaker 1: I really think they thought that they were being really 305 00:19:07,560 --> 00:19:10,560 Speaker 1: cool by making this video and in so doing they 306 00:19:10,560 --> 00:19:12,800 Speaker 1: would get some attention. They would, you know, kind of 307 00:19:12,800 --> 00:19:15,639 Speaker 1: slap Donald Trump around a little bit. And now the 308 00:19:15,720 --> 00:19:20,680 Speaker 1: blowback from everybody, including like Joe Scarborough. Let's just see 309 00:19:20,680 --> 00:19:22,719 Speaker 1: if I can find that SoundBite. So one of them 310 00:19:22,720 --> 00:19:25,760 Speaker 1: went on to Josh Joe Scarborough's show on ms NOW 311 00:19:26,040 --> 00:19:31,600 Speaker 1: used to be MSNBC, and Joe Scarborough also asked the question, 312 00:19:32,240 --> 00:19:35,160 Speaker 1: so what were you referring to? What has Trump done 313 00:19:35,160 --> 00:19:39,119 Speaker 1: that was wrong? And no answer. You know, we know, 314 00:19:39,200 --> 00:19:43,200 Speaker 1: we were just trying to remind people. And Scarborough who 315 00:19:43,400 --> 00:19:46,840 Speaker 1: you know, he's a former Republican congressman from Florida. He's 316 00:19:47,080 --> 00:19:49,600 Speaker 1: he's not a dummy. I disagree with his politics, but 317 00:19:49,760 --> 00:19:52,840 Speaker 1: I've known Joe for twenty years or more. But his 318 00:19:53,400 --> 00:19:58,480 Speaker 1: response was amazing. That's the wrong answer, he said, if 319 00:19:58,480 --> 00:20:00,760 Speaker 1: you're going to make a video like this and you're 320 00:20:00,800 --> 00:20:03,880 Speaker 1: going to encourage people to look for or to engage 321 00:20:03,880 --> 00:20:07,639 Speaker 1: in disobedience, you better have a damn good reason why 322 00:20:08,119 --> 00:20:10,520 Speaker 1: and be able to give some examples. And to the 323 00:20:10,560 --> 00:20:13,680 Speaker 1: same point that I made earlier, you have a lot 324 00:20:13,720 --> 00:20:17,119 Speaker 1: of young people that enter the military that it's a 325 00:20:17,160 --> 00:20:21,560 Speaker 1: cultural shock for them. They're not accustomed to being ordered around, 326 00:20:22,000 --> 00:20:23,680 Speaker 1: told us you have to be up at a certain time, 327 00:20:23,760 --> 00:20:26,240 Speaker 1: do certain things, dress a certain way, act a certain way, 328 00:20:26,680 --> 00:20:29,720 Speaker 1: because that's part of the military discipline. And so you've 329 00:20:29,840 --> 00:20:35,240 Speaker 1: almost encouraged them to claim that something is unlawful or 330 00:20:35,240 --> 00:20:39,480 Speaker 1: an illegal order when it's nothing more than just basic 331 00:20:39,680 --> 00:20:46,119 Speaker 1: military discipline. So the members appealing or appearing in that 332 00:20:46,240 --> 00:20:50,800 Speaker 1: video by citing their official positions in their past military service, 333 00:20:51,040 --> 00:20:55,560 Speaker 1: are indeed appealing to authority, and every piece of evidence 334 00:20:55,960 --> 00:20:59,840 Speaker 1: that can be gathered concerning the decision to make, to produce, 335 00:21:00,400 --> 00:21:05,639 Speaker 1: to broadcast that video needs to be obtained through a 336 00:21:05,720 --> 00:21:11,960 Speaker 1: lawful investigation, and that would include all communications with everyone involved, 337 00:21:12,520 --> 00:21:16,720 Speaker 1: Various versions of the scripts, uncut video of each participant, 338 00:21:16,720 --> 00:21:18,879 Speaker 1: because you know, it's just a series of each of 339 00:21:18,920 --> 00:21:21,879 Speaker 1: them appearing at different times, so it's been cut and edited. 340 00:21:22,280 --> 00:21:25,480 Speaker 1: Get the entire video, get the final version, get all 341 00:21:25,600 --> 00:21:30,600 Speaker 1: the outtakes, the production records. Who funded this, who paid 342 00:21:30,640 --> 00:21:33,199 Speaker 1: for it? How did you distribute it? How was that 343 00:21:33,280 --> 00:21:37,760 Speaker 1: decision made? Were there was there anyone behind you, both 344 00:21:37,840 --> 00:21:43,920 Speaker 1: literally and figuratively, that funded this? Was it? George Soros's son, 345 00:21:44,840 --> 00:21:50,120 Speaker 1: was it some Democrat party operative or donor. Every participant 346 00:21:50,280 --> 00:21:54,359 Speaker 1: needs to be questioned under oath before the grand jury. 347 00:21:54,920 --> 00:21:58,919 Speaker 1: Every person except the six officials who appear in the 348 00:21:59,040 --> 00:22:07,240 Speaker 1: video should be subpoena. The six officials should be invited. Now, 349 00:22:07,280 --> 00:22:10,879 Speaker 1: why do I say that everyone else should be issued 350 00:22:10,920 --> 00:22:15,840 Speaker 1: a subpoena. But the six officials should simply be invited 351 00:22:16,160 --> 00:22:20,200 Speaker 1: to testify before the grand jury. And that's simply because 352 00:22:20,760 --> 00:22:25,919 Speaker 1: you're not lawfully allowed to subpoena a target of a 353 00:22:25,960 --> 00:22:30,439 Speaker 1: criminal investigation. If a grand jury is investigating something that 354 00:22:30,480 --> 00:22:34,159 Speaker 1: they think some law that I violated, that I was, 355 00:22:34,200 --> 00:22:36,960 Speaker 1: I don't know, dealing drugs or you know, violating some 356 00:22:37,160 --> 00:22:41,159 Speaker 1: you know statute somewhere, you can't subpoena me because you 357 00:22:41,200 --> 00:22:44,480 Speaker 1: can't compel me to testify before the grand jury. And 358 00:22:44,520 --> 00:22:47,119 Speaker 1: you don't want me coming before the grand jury and 359 00:22:47,880 --> 00:22:51,160 Speaker 1: finding out, oh, I'm a target, and therefore I'm going 360 00:22:51,160 --> 00:22:54,360 Speaker 1: to invoke my Fifth Amendment rights not to testify against myself. 361 00:22:54,800 --> 00:22:58,240 Speaker 1: And suddenly the whole investigation goes from being confidential to 362 00:22:58,320 --> 00:23:00,840 Speaker 1: being very very public. At least that's what I would do. 363 00:23:01,119 --> 00:23:04,840 Speaker 1: I'd make it very public. In other words, the people 364 00:23:04,880 --> 00:23:09,439 Speaker 1: in this video have the right to remain silent, and 365 00:23:09,480 --> 00:23:14,000 Speaker 1: we should respect that right. But whether their words are 366 00:23:14,119 --> 00:23:19,240 Speaker 1: probable cause that a crime has been committed, either under 367 00:23:19,240 --> 00:23:23,159 Speaker 1: Section twenty three eighty seven or anything else, that's a 368 00:23:23,240 --> 00:23:26,840 Speaker 1: question for the grand jurors. It's a question for grand 369 00:23:26,880 --> 00:23:31,400 Speaker 1: jurors presented with as much factual evidence as the Department 370 00:23:31,440 --> 00:23:35,760 Speaker 1: of Justice can gather. Now, remember all six of these 371 00:23:35,800 --> 00:23:41,280 Speaker 1: yahoos gave their voices to a single video, one single video. 372 00:23:42,160 --> 00:23:44,679 Speaker 1: So the first inquiry ought to be whether the sixth 373 00:23:44,960 --> 00:23:48,600 Speaker 1: did you discuss that video among yourselves, did you share 374 00:23:48,680 --> 00:23:51,639 Speaker 1: what each of you were going to say, did you 375 00:23:51,680 --> 00:23:54,679 Speaker 1: write it out? Was there any sort of script that 376 00:23:54,760 --> 00:23:57,440 Speaker 1: you put together? And the reason I asked those kinds 377 00:23:57,440 --> 00:24:02,640 Speaker 1: of questions is because that the basis for a conspiracy 378 00:24:02,680 --> 00:24:08,399 Speaker 1: investigation and the venue for a conspiracy can be in 379 00:24:08,440 --> 00:24:14,920 Speaker 1: any district where any conspirator was present when the conspiracy 380 00:24:15,040 --> 00:24:19,919 Speaker 1: was formed, or any district where an overt act in 381 00:24:20,160 --> 00:24:24,919 Speaker 1: furtherance of the conspiracy took place. What do I mean, Well, 382 00:24:25,000 --> 00:24:28,640 Speaker 1: let's say they all gathered in one office on Capitol Hill. Well, 383 00:24:28,680 --> 00:24:32,160 Speaker 1: that would make the district of Columbia, that would make 384 00:24:32,280 --> 00:24:36,280 Speaker 1: that the proper jurisdiction. But if they were all in 385 00:24:36,400 --> 00:24:40,280 Speaker 1: their home offices in Arizona and Colorado and Virginia and 386 00:24:40,320 --> 00:24:42,919 Speaker 1: all the other different places they were from, then that 387 00:24:43,040 --> 00:24:46,560 Speaker 1: gives a broader opportunity. If you can show a conspiracy, 388 00:24:47,160 --> 00:24:50,920 Speaker 1: that gives you a broader opportunity of which federal district 389 00:24:50,960 --> 00:24:54,080 Speaker 1: court you would take this case to. So there's a 390 00:24:54,160 --> 00:24:56,760 Speaker 1: lot of things like that that need to be investigated. 391 00:24:57,440 --> 00:25:01,119 Speaker 1: A suitable venue, I think would be the home state 392 00:25:01,200 --> 00:25:04,439 Speaker 1: of any of the members of Congress who appear in 393 00:25:04,440 --> 00:25:07,679 Speaker 1: the video. And the reason I say that is because 394 00:25:07,760 --> 00:25:11,840 Speaker 1: every single one of them announced their position in Congress 395 00:25:12,200 --> 00:25:15,760 Speaker 1: as part of their introduction of themselves, So that made 396 00:25:15,800 --> 00:25:20,720 Speaker 1: the video an official act on behalf of their constituents. 397 00:25:21,440 --> 00:25:23,639 Speaker 1: You see, I think these people were too smart behalf. 398 00:25:24,480 --> 00:25:27,120 Speaker 1: They were too stupid by a whole. They're so full 399 00:25:27,160 --> 00:25:30,680 Speaker 1: of themselves and they're so infused with Trumps arrangement syndrome 400 00:25:30,960 --> 00:25:33,679 Speaker 1: that they really thought, oh, let's do this, you know, 401 00:25:33,880 --> 00:25:36,720 Speaker 1: let's pat ourselves on the back. A member of Congress. 402 00:25:36,880 --> 00:25:39,000 Speaker 1: I'm from such and such state, and I used to 403 00:25:39,000 --> 00:25:41,080 Speaker 1: serve in the CIA, I used to serve in the 404 00:25:41,160 --> 00:25:43,560 Speaker 1: Army Rangers. I used to be an astronaut, blah blah 405 00:25:43,600 --> 00:25:46,800 Speaker 1: blah whatever it is. So based on the members of 406 00:25:46,840 --> 00:25:51,080 Speaker 1: Congress who participated, these are the districts they could be 407 00:25:51,240 --> 00:25:56,639 Speaker 1: proper venue for criminal investigation and a criminal trial. Senator 408 00:25:56,680 --> 00:26:01,360 Speaker 1: Mark Kelly from Arizona, Senator at least Scott Slopkin Michigan, 409 00:26:01,960 --> 00:26:08,240 Speaker 1: Congresswoman Christy Hulahan, Eastern Pennsylvania, Congressman Chris Deluzio, Western Pennsylvania, 410 00:26:08,880 --> 00:26:14,200 Speaker 1: Congresswoman Maggie Goodlander New Hampshire, and of course Congressman Jason 411 00:26:14,240 --> 00:26:19,400 Speaker 1: Crow Colorado. Of those choices, if I were the one 412 00:26:19,440 --> 00:26:23,000 Speaker 1: that was responsible for the investigation, I would head for 413 00:26:23,040 --> 00:26:26,480 Speaker 1: the Johnstown Division of the Western District of Pennsylvania, where 414 00:26:26,520 --> 00:26:32,600 Speaker 1: the Honorable Stephanie Haines presides. Why well. Stephanie Hayes was 415 00:26:32,600 --> 00:26:36,639 Speaker 1: born in Johnstown, Pennsylvania, nineteen sixty nine. She graduated from 416 00:26:36,680 --> 00:26:40,359 Speaker 1: law school. She clerk for Judge Eugenie Fike on the 417 00:26:40,400 --> 00:26:45,040 Speaker 1: sixteenth Judicial District. During her clerkship, she was commissioned as 418 00:26:45,080 --> 00:26:48,399 Speaker 1: a first lieutenant in the US Army October one, nineteen 419 00:26:48,480 --> 00:26:51,639 Speaker 1: ninety six. She entered the active duty service in the 420 00:26:51,760 --> 00:26:56,400 Speaker 1: United States Armies Judge Advocate General's Corps now. After completing 421 00:26:56,400 --> 00:26:59,560 Speaker 1: her JAG Officer basic course, she reported to the one 422 00:26:59,640 --> 00:27:03,720 Speaker 1: hundred first Airborne Division in Fort Campbell, Kentucky, and while 423 00:27:03,720 --> 00:27:07,040 Speaker 1: at Fort Campbell, she earned her Air Assault Badge. She 424 00:27:07,200 --> 00:27:10,479 Speaker 1: served as a legal assistant attorney and a prosecutor. In 425 00:27:10,800 --> 00:27:14,480 Speaker 1: two she left active duty became an assistant US Attorney 426 00:27:14,600 --> 00:27:18,080 Speaker 1: in the Criminal Division for the Southern District of West Virginia. 427 00:27:18,520 --> 00:27:21,480 Speaker 1: Then she remained in the Army as a JAG officer 428 00:27:21,520 --> 00:27:25,240 Speaker 1: in reserve capacity. She served as a criminal assistant US 429 00:27:25,240 --> 00:27:28,000 Speaker 1: Attorney in the Southern District of West Virginia. She went 430 00:27:28,040 --> 00:27:31,320 Speaker 1: to the US Attorney's Office on April fourth of twenty 431 00:27:31,359 --> 00:27:34,280 Speaker 1: twenty one. She retired from the military in the rank 432 00:27:34,400 --> 00:27:38,399 Speaker 1: of colonel after twenty four a half years of military service. 433 00:27:39,280 --> 00:27:42,960 Speaker 1: Retired at the rank of colonel from the judge after 434 00:27:43,480 --> 00:27:46,920 Speaker 1: to the JAG Corps with twenty four plus years of service. 435 00:27:47,920 --> 00:27:51,200 Speaker 1: If I were going to indict these people, I would 436 00:27:51,240 --> 00:27:54,240 Speaker 1: want her to be the judge. It's the Weekend with 437 00:27:54,280 --> 00:27:57,320 Speaker 1: Michael Brown. Text lines always opened three three Onnes zero three. 438 00:27:57,480 --> 00:28:00,000 Speaker 1: He word Mike or Michael. Hang tight, I'll be right back. 439 00:28:06,840 --> 00:28:08,560 Speaker 1: Welcome back to the Weekend with Michael Brown. Glad to 440 00:28:08,560 --> 00:28:10,560 Speaker 1: have you with me. Hope everybody had a great Thanksgiving. 441 00:28:10,840 --> 00:28:13,960 Speaker 1: Remember text lines always opened three three one zero three 442 00:28:14,080 --> 00:28:16,800 Speaker 1: keyword micaro Michael, tell me anything, ask me anything, do 443 00:28:16,920 --> 00:28:19,280 Speaker 1: me a favor. You know, it's the holidays. Go follow 444 00:28:19,320 --> 00:28:21,760 Speaker 1: me on x at Michael Brown USA. That can be 445 00:28:21,840 --> 00:28:24,760 Speaker 1: your Thanksgiving and Christmas gift altogether right in one Just 446 00:28:24,800 --> 00:28:27,679 Speaker 1: follow me on x at Michael Brown USA. So I 447 00:28:27,720 --> 00:28:30,359 Speaker 1: went through why I would like to see this case 448 00:28:30,440 --> 00:28:36,080 Speaker 1: tried in Pennsylvania, because if indicted, I really do want 449 00:28:36,119 --> 00:28:40,200 Speaker 1: to see these military veterans or a former CIA official 450 00:28:40,240 --> 00:28:43,160 Speaker 1: in the case of Senator Slutkin. I want them to 451 00:28:43,240 --> 00:28:47,239 Speaker 1: complain that they can't get a fair trial in the 452 00:28:47,280 --> 00:28:50,680 Speaker 1: courtroom of Judge Haynes and in front of the citizens 453 00:28:50,680 --> 00:28:54,880 Speaker 1: of the Purple State of Pennsylvania in and around Johnstown, Pennsylvania. 454 00:28:55,000 --> 00:28:57,960 Speaker 1: I've been to Johnstown, Pennsylvania. It's a wonderful little place 455 00:28:57,960 --> 00:29:02,280 Speaker 1: in Pennsylvania. I want them tried. If they're going to 456 00:29:02,280 --> 00:29:07,720 Speaker 1: be tried now, there are obvious problems with the language 457 00:29:07,720 --> 00:29:11,800 Speaker 1: of Section twenty three eighty seven. I can only find 458 00:29:11,840 --> 00:29:15,280 Speaker 1: a handful of cases that have ever been prosecuted under 459 00:29:15,280 --> 00:29:18,880 Speaker 1: this section. Most of them around World War Two. You see, 460 00:29:18,880 --> 00:29:22,160 Speaker 1: the statue was passed back in nineteen forty, and there 461 00:29:22,160 --> 00:29:24,120 Speaker 1: were a couple of cases around the time of the 462 00:29:24,200 --> 00:29:29,600 Speaker 1: Vietnam War. The statute is often challenged on First Amendment grounds, 463 00:29:29,920 --> 00:29:34,760 Speaker 1: particularly in those eras that were lost, on the basis 464 00:29:34,760 --> 00:29:37,840 Speaker 1: that the language of Section twenty three eighty seven is 465 00:29:37,920 --> 00:29:41,640 Speaker 1: identical to some of the really broad language found in 466 00:29:41,760 --> 00:29:45,320 Speaker 1: the Espionage Act of nineteen seventeen. And why is that 467 00:29:45,360 --> 00:29:50,000 Speaker 1: important Because the Supreme Court decisions regarding convictions under the 468 00:29:50,200 --> 00:29:55,240 Speaker 1: Espionage Act were upheld by the Supreme Court against First 469 00:29:55,280 --> 00:30:00,600 Speaker 1: Amendment challenges. The Espionage Act says that it shall be 470 00:30:00,840 --> 00:30:04,320 Speaker 1: illegal to do this. Now. I want you to think 471 00:30:04,600 --> 00:30:07,920 Speaker 1: as I tell you what the Espionage Act says. I 472 00:30:07,960 --> 00:30:12,880 Speaker 1: want you to think about what these yahoos were saying 473 00:30:13,040 --> 00:30:16,840 Speaker 1: and doing in that video and see if it doesn't track. 474 00:30:17,760 --> 00:30:22,240 Speaker 1: The Espionage Act says that it is illegal to willfully 475 00:30:22,280 --> 00:30:27,240 Speaker 1: make or convey false reports or false statements with the 476 00:30:27,320 --> 00:30:31,479 Speaker 1: intent to interfere with the operation or success of the 477 00:30:31,480 --> 00:30:35,120 Speaker 1: military or naval forces of the US, or to promote 478 00:30:35,160 --> 00:30:41,000 Speaker 1: the success of its enemies, or listen closely, willfully cause 479 00:30:41,480 --> 00:30:47,560 Speaker 1: or attempt to cause in subordination, disloyalty, mutiny, or refusal 480 00:30:47,600 --> 00:30:50,640 Speaker 1: of duty in the military or naval forces of the 481 00:30:50,720 --> 00:30:55,200 Speaker 1: United States, or shall willfully obstruct the recruiting or listenment 482 00:30:55,280 --> 00:30:57,960 Speaker 1: service of the United States, to the injury of the 483 00:30:58,000 --> 00:31:01,120 Speaker 1: service of the United States. A lot of that language 484 00:31:01,440 --> 00:31:05,560 Speaker 1: applies quite clearly to what they were doing here now. 485 00:31:05,680 --> 00:31:10,720 Speaker 1: Nineteen nineteen in a case that upheld that language against 486 00:31:10,720 --> 00:31:13,200 Speaker 1: a challenge based on the First Amendment. The case was 487 00:31:13,480 --> 00:31:16,120 Speaker 1: Chank versus the United States. I think we actually talked 488 00:31:16,160 --> 00:31:18,720 Speaker 1: about this case in this program before. Shank was the 489 00:31:18,720 --> 00:31:22,880 Speaker 1: General secretary of the US Socialist Party, and he opposed 490 00:31:22,880 --> 00:31:26,760 Speaker 1: the implementation of a draft, so he produced these flyers 491 00:31:27,080 --> 00:31:31,200 Speaker 1: advising young men to resist military service. Shank was convicted 492 00:31:31,240 --> 00:31:35,600 Speaker 1: of three counts under the Espionage Act, and the Supreme 493 00:31:35,680 --> 00:31:42,040 Speaker 1: Court unanimously upheld his conviction and also denied the challenge 494 00:31:42,160 --> 00:31:47,760 Speaker 1: under the First Amendment. The Court said this, words, which 495 00:31:47,920 --> 00:31:51,480 Speaker 1: ordinarily in many places would be within the freedom of 496 00:31:51,480 --> 00:31:55,480 Speaker 1: speech protected by the First Amendment Amendment, may become subject 497 00:31:55,520 --> 00:31:59,840 Speaker 1: to prohibition when those words are of such a nature 498 00:32:00,160 --> 00:32:04,080 Speaker 1: and used in such circumstances as to create a clear 499 00:32:04,120 --> 00:32:08,360 Speaker 1: and present danger that they will bring about the substantie 500 00:32:08,360 --> 00:32:13,040 Speaker 1: of evils which Congress has a right to prevent. Now, 501 00:32:13,120 --> 00:32:17,240 Speaker 1: Shank is the case He'll love this. Shank is the 502 00:32:17,320 --> 00:32:22,080 Speaker 1: case where Justice Holmes Oliver Wendell Holmes used the much 503 00:32:22,240 --> 00:32:27,720 Speaker 1: maligned analogy about shouting fire in a crowded theater. That 504 00:32:27,840 --> 00:32:32,120 Speaker 1: case introduced the concept that speech that creates a clear 505 00:32:32,200 --> 00:32:37,280 Speaker 1: and present danger to public safety did not enjoy First 506 00:32:37,280 --> 00:32:41,920 Speaker 1: Amendment protections. So the Supreme Court limited Shink's reach in 507 00:32:41,960 --> 00:32:45,360 Speaker 1: a later case, Brandenburg versus Ohio. That case is from 508 00:32:45,400 --> 00:32:49,520 Speaker 1: nineteen sixty nine by requiring that the speech at issue 509 00:32:49,760 --> 00:32:55,000 Speaker 1: in a case must tend to incite imminent lawless action. 510 00:32:55,360 --> 00:32:59,120 Speaker 1: But here's the difference. In the Brandenburg versus Ohio case. 511 00:32:59,240 --> 00:33:05,120 Speaker 1: It did not involve comments undermining military cohesion or respect 512 00:33:05,120 --> 00:33:08,560 Speaker 1: for the chain of command. You see, Brandenburg concerned speech 513 00:33:08,960 --> 00:33:12,440 Speaker 1: by the leader of the KKK that was alleged to 514 00:33:12,480 --> 00:33:16,640 Speaker 1: present a clear and present danger by encouraging criminal acts 515 00:33:16,920 --> 00:33:21,000 Speaker 1: that were unrelated to the military. So to the extent 516 00:33:21,560 --> 00:33:25,520 Speaker 1: that the Shank case can be read as validating a 517 00:33:25,560 --> 00:33:31,600 Speaker 1: prosecution for attempting to cause insubordination, disloyalty, mutiny, or refusal 518 00:33:31,640 --> 00:33:35,200 Speaker 1: of duty in the military. Or naval forces. Then that 519 00:33:35,360 --> 00:33:40,480 Speaker 1: part of its holding is not necessarily implicated or thrown 520 00:33:40,560 --> 00:33:43,760 Speaker 1: out by the later case in Brandenburg versus Ohio in 521 00:33:43,840 --> 00:33:47,080 Speaker 1: nineteen sixty nine. Then there was another case decided by 522 00:33:47,120 --> 00:33:51,520 Speaker 1: the Supreme Court at the same time, United States versus Debs. 523 00:33:51,960 --> 00:33:56,280 Speaker 1: That's where Eugene Debs was also convicted under the Espionage 524 00:33:56,320 --> 00:34:01,280 Speaker 1: Act because, as the court says, quote honor, about June sixteenth, 525 00:34:01,320 --> 00:34:06,440 Speaker 1: nineteen eighteen, in Canton, Ohio, the defendant caused and incided 526 00:34:06,560 --> 00:34:12,040 Speaker 1: and attempted to cause an insight in subordination, disloyalty, mutiny, 527 00:34:12,280 --> 00:34:14,920 Speaker 1: and refusal of duty in the military and naval forces 528 00:34:14,920 --> 00:34:18,799 Speaker 1: of the US, and with intent so too, delivered to 529 00:34:18,880 --> 00:34:22,800 Speaker 1: an assembly of people a public speech. Wait a minute, 530 00:34:23,239 --> 00:34:26,120 Speaker 1: isn't that kind of exactly what they were doing, Except 531 00:34:26,400 --> 00:34:31,200 Speaker 1: this wasn't nineteen eighteen. This was twenty twenty five. So 532 00:34:31,320 --> 00:34:34,759 Speaker 1: instead of standing in the town square in Canton, Ohio 533 00:34:35,160 --> 00:34:37,800 Speaker 1: and delivering his speech trying to get people to disobey 534 00:34:37,840 --> 00:34:42,480 Speaker 1: the military, they went on TikTok, They went on Facebook, 535 00:34:42,560 --> 00:34:45,400 Speaker 1: they went on Instagram, and they made a video and 536 00:34:45,440 --> 00:34:47,840 Speaker 1: they spliced it up and cut it up and edited 537 00:34:47,960 --> 00:34:54,799 Speaker 1: it all encouraging people to want, Oh, disobey illegal orders. Okay, 538 00:34:53,560 --> 00:34:58,440 Speaker 1: what illegal Well, we can't name any I think this 539 00:34:58,719 --> 00:35:03,080 Speaker 1: case has more potential for a conviction than we've seen 540 00:35:03,680 --> 00:35:08,880 Speaker 1: since nineteen eighteen, and just because nineteen eighteen was a 541 00:35:09,160 --> 00:35:15,239 Speaker 1: long time ago, it's still solid law. Like Shank the 542 00:35:15,280 --> 00:35:18,240 Speaker 1: Deb's decision, I'm sure it's been criticized over the years, 543 00:35:18,400 --> 00:35:21,680 Speaker 1: and it was narrowed by Brandenburg, but not it what 544 00:35:21,880 --> 00:35:26,040 Speaker 1: didn't overrule it, and it applied to something other than 545 00:35:26,080 --> 00:35:30,080 Speaker 1: the military. More so even than Shank. The Deb's decision 546 00:35:30,640 --> 00:35:35,959 Speaker 1: dealt not with encouraging lawlessness, but with undermining good order 547 00:35:36,000 --> 00:35:41,200 Speaker 1: and discipline in the military by encouraging active duty military 548 00:35:41,239 --> 00:35:48,400 Speaker 1: personnel to disobey the chain of command. When President Trump 549 00:35:48,960 --> 00:35:52,160 Speaker 1: made reference to sedition, and that term has been tossed 550 00:35:52,160 --> 00:35:56,600 Speaker 1: around social media, it's just way too much. This seems 551 00:35:56,600 --> 00:36:00,319 Speaker 1: a bit wild eyed to me. Sedition involves overthrown the 552 00:36:00,360 --> 00:36:04,560 Speaker 1: government by force. The only Title eighteen criminal statue referring 553 00:36:04,560 --> 00:36:09,719 Speaker 1: to sedition is the statute that criminalizes seditious conspiracy that 554 00:36:09,920 --> 00:36:13,080 Speaker 1: was passed by Congress during the Civil War. The statute 555 00:36:13,080 --> 00:36:16,600 Speaker 1: doesn't require an actual active sedition. It only requires an 556 00:36:16,640 --> 00:36:19,200 Speaker 1: agreement by a couple of people to engage in sedition. 557 00:36:19,800 --> 00:36:22,480 Speaker 1: So I think that Trump was off base by saying 558 00:36:22,520 --> 00:36:24,880 Speaker 1: they've engaged in sedition and they ought to be hanged. 559 00:36:25,480 --> 00:36:27,399 Speaker 1: I wish the President in that case would just shut 560 00:36:27,480 --> 00:36:30,640 Speaker 1: up and let the Department of Justice do what it 561 00:36:30,680 --> 00:36:35,680 Speaker 1: needs to do. Their comments in this video are perfectly 562 00:36:35,719 --> 00:36:39,600 Speaker 1: acceptable in the context of policy debates when it's done 563 00:36:39,680 --> 00:36:43,080 Speaker 1: inside of Congress, because that's part of their role as lawmakers, 564 00:36:43,480 --> 00:36:45,600 Speaker 1: and so they're entitled to use the authority of their 565 00:36:45,600 --> 00:36:49,279 Speaker 1: office to advocate to other members of Congress and move 566 00:36:49,320 --> 00:36:52,920 Speaker 1: them to pass laws that addresses their concerns about the 567 00:36:52,960 --> 00:36:57,320 Speaker 1: administration's so called execution of foreign policy around the world. 568 00:36:57,719 --> 00:37:01,120 Speaker 1: But that's not what they did. They undermine the respect 569 00:37:01,200 --> 00:37:04,000 Speaker 1: for the chain of command right up to and including 570 00:37:04,000 --> 00:37:07,000 Speaker 1: the President, who serves as the commander in chief, and 571 00:37:07,040 --> 00:37:11,640 Speaker 1: that's outside the boundaries of their lawful authorities as an 572 00:37:11,680 --> 00:37:15,799 Speaker 1: elected member of Congress or the United States Senate. You know, 573 00:37:16,080 --> 00:37:19,080 Speaker 1: it just seems to me that Johnstown would be a 574 00:37:19,120 --> 00:37:22,799 Speaker 1: great place to hold a trial of five or six 575 00:37:22,880 --> 00:37:25,600 Speaker 1: congressmen and senators. It is the weekend with Michael Brown. 576 00:37:25,719 --> 00:37:28,720 Speaker 1: Text lines always opened three three, one zero three keyword 577 00:37:28,719 --> 00:37:30,839 Speaker 1: Michael Michael, I'll be right back.