WEBVTT - Prairieland and Antifa Terrorism 

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<v Speaker 1>Alzon Media.

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<v Speaker 2>This is it could happen here I show about things

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<v Speaker 2>falling apart. I'm Garrison Davis. I'm joined by Robert Evans

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<v Speaker 2>to discuss the Prairie Land trial.

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<v Speaker 3>Yay.

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<v Speaker 2>This month, the Trump administration got their first conviction in

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<v Speaker 2>an Antifa terrorism case. On Friday, March thirteenth, eight people

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<v Speaker 2>were convicted by a federal jury on charges of riot,

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<v Speaker 2>conspiracy to use and carry an explosive, and providing material

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<v Speaker 2>support to terrorists. One of the defendants was convicted of

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<v Speaker 2>attempted murder of a police officer, and another person was

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<v Speaker 2>convicted on two counts of concealing documents, bringing the total

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<v Speaker 2>number of federal defendants to nine. Originally, this federal case

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<v Speaker 2>had way more defendants, but last year seven of them

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<v Speaker 2>pleaded guilty to providing material support terrorists, four of whom

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<v Speaker 2>were later called to testify for the prosecution during the trial.

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<v Speaker 3>Have they gotten sentenced yet the folks who pled.

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<v Speaker 2>Out, No, They are going to be sentenced later this summer,

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<v Speaker 2>along with all of the defendants that were convicted. Gotcha,

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<v Speaker 2>though their sentence will be a maximum of fifteen years,

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<v Speaker 2>which is shorter than the defendants who were convicted.

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<v Speaker 3>Yeah. Yeah.

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<v Speaker 2>The prairieland Defendants Support Committee did ask me to read

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<v Speaker 2>their names. The defendants are Ains Soto, Liz Soto, Savannah Batton,

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<v Speaker 2>Meg and Morris, Autumn Hill, Mari Rueda, Benjamin Song or

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<v Speaker 2>B Song, Zachary Evitz, and des Estrata. The prosecution tried

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<v Speaker 2>to argue that this was a coordinated attack on an

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<v Speaker 2>ice facility in Prairie Land, Texas, while the defense argued

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<v Speaker 2>this was a noise demonstration protest outside of this detention

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<v Speaker 2>facility last summer. On the night of July fourth, after

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<v Speaker 2>protesters through fireworks and vandalized property, DJs personnel called a

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<v Speaker 2>local police for assistance. One officer arrived, drew his handgun

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<v Speaker 2>and yelled stop at a person in all black clothes

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<v Speaker 2>who was running away. One of the defendants, b Song,

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<v Speaker 2>then yelled get to the rifles before firing toward the

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<v Speaker 2>officer with an Air fifteen, hitting him in the neck.

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<v Speaker 2>Song fired eleven times. The officer returned fire three times.

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<v Speaker 2>Song then fled the scene. Most of the defendants were

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<v Speaker 2>arrested in the days after the attacks, some that night

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<v Speaker 2>near the facility, though Song camped out hiding in the

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<v Speaker 2>woods overnight and evaded capture for eleven days with the

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<v Speaker 2>help of others. Many of those who assisted Song ab

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<v Speaker 2>aide capture after the shooting pled guilty to providing material

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<v Speaker 2>support to terrorists. On the first day of this trial,

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<v Speaker 2>the judge declared a mistrial because one of the defense

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<v Speaker 2>attorneys wore a shirt featuring civil rights leaders. A week

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<v Speaker 2>into the trial, US District Court Judge Mark Pittman ruled

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<v Speaker 2>that defense attorneys could not argue that the defendants, including

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<v Speaker 2>the accused shooter, were acting in self defense or the

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<v Speaker 2>defense of others against unlawful force just because the officer

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<v Speaker 2>had already drawn his handgun before Song fired. The prosecutors

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<v Speaker 2>compared this to Waco, and Judge Pittman ruled that the

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<v Speaker 2>officer drawing and pointing his handgun at a fleeing suspect

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<v Speaker 2>does not qualify as quote excessive as a matter of

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<v Speaker 2>law because the officer did not actually use deadly force

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<v Speaker 2>or shoot first.

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<v Speaker 3>Yeah, that makes sense. Like if this were a civilian

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<v Speaker 3>on civilian situation, the fact that he had drawn his gun,

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<v Speaker 3>especially in Texas, would have been enough to at least

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<v Speaker 3>argue self defense. But absolutely police officers have the right

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<v Speaker 3>to pull guns on whoever they want, whenever they want

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<v Speaker 3>pretty much, so yeah, yep cool.

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<v Speaker 2>In court, the government argued that, based on the situation

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<v Speaker 2>at the protest, that it was reasonable for the officer

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<v Speaker 2>to decide to draw his handgun because there was crimes

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<v Speaker 2>being committed to property damage the fireworks, even if he

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<v Speaker 2>did not witness fireworks as he pulled up to the scene.

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<v Speaker 2>Now headlines have framed this story as protesters being convicted

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<v Speaker 2>of terrorism for wearing black clothes or possessing radical political

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<v Speaker 2>writing also known as zines. There is like a kernel

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<v Speaker 2>of truth to these statements, but they're designed to serve

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<v Speaker 2>primarily as clickbait rather than useful information. So let's take

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<v Speaker 2>a closer look at these claims. Sure, but let's start

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<v Speaker 2>by getting into the action planning. This action was originally

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<v Speaker 2>planned on the encrypted messaging app Signal, primarily in a

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<v Speaker 2>group chat called Fourth of July Party Okay. The plan

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<v Speaker 2>was also discussed an in person meeting the day before

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<v Speaker 2>the action, referred to during the trial as a gear

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<v Speaker 2>check preticipense in the planning chat agreed to where black

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<v Speaker 2>block and bring armor and rifles. Song advertised the action

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<v Speaker 2>in a larger group chat of dozens of quote unquote

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<v Speaker 2>trusted individuals. The event was characterized in this chat as

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<v Speaker 2>a low risk noise demonstration involving fireworks. A flyer was

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<v Speaker 2>sent to this larger chat, reading share with trusted folks only,

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<v Speaker 2>do not post mask up be loud quote. According to

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<v Speaker 2>cooperating witness Susan Kent, in the fourth of July Party

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<v Speaker 2>Signal chat, when asked about bringing guns, Song stated, I'm

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<v Speaker 2>not going back to prison. I'm not going to jail.

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<v Speaker 2>I'm bringing guns unquote.

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<v Speaker 3>Okay, that's a terrible thing to have in writing. Boy,

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<v Speaker 3>Okay great.

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<v Speaker 2>This sentiment was also expressed at the gear Check meeting

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<v Speaker 2>on July third, where the fundan's discuss bringing guns and

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<v Speaker 2>Song repeatedly stated that they would be bringing guns because

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<v Speaker 2>he would not be quote unquote going to jail. They

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<v Speaker 2>talked about guns as a deterrent.

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<v Speaker 3>Yeah.

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<v Speaker 2>They talked about how in previous instances the presence of

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<v Speaker 2>guns deterred police from engaging with protesters. And this is

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<v Speaker 2>how the presence of guns at the protest was largely

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<v Speaker 2>framed in these meetings and chats. It does not look

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<v Speaker 2>good in writing in a court case, though.

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<v Speaker 3>Yeah, And this is what the ELM Fork John Brown

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<v Speaker 3>Gun Club had done like sweep defenses and stuff where

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<v Speaker 3>they'd shown up armed.

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<v Speaker 2>That incident was brought up. Yeah, that was specifically referenced.

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<v Speaker 3>It had in fact worked that way more or less.

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<v Speaker 3>I mean, there's a number of things to drill into here,

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<v Speaker 3>but one of the issues is just while that's a

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<v Speaker 3>thing people have used firearms for and have done so

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<v Speaker 3>in a way that worked in the past obviously, which

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<v Speaker 3>is what they were referencing, the problem is that you

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<v Speaker 3>can't ever lose sight of the fact that, like, a

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<v Speaker 3>gun is a gun, and if you're bringing a gun

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<v Speaker 3>into a situation.

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<v Speaker 2>There's potential for that gun to be used.

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<v Speaker 3>There's a potential for that gun to be used. And

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<v Speaker 3>if you're bringing that gun into a situation around a

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<v Speaker 3>police station, the odds that you will use that gun

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<v Speaker 3>in a way that is not going to cause a

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<v Speaker 3>life ruining legal nightmare for you and everyone else, Yeah,

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<v Speaker 3>are are a lot lower. That's a real issue. Yeah.

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<v Speaker 2>Also at this gear Check on the third song proposed

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<v Speaker 2>to free detainees using quote unquote suppressive fire.

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<v Speaker 3>Oh my god.

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<v Speaker 2>This idea was shut down by other attendees. According to

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<v Speaker 2>Susan Kent, who testified after entering a guilty plea. Kent

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<v Speaker 2>testified that after looking over photos of the facility, Song said, quote,

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<v Speaker 2>this is as easy as it's going to get. We

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<v Speaker 2>can take the place and free the people inside. Oh

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<v Speaker 2>quote using quote unquote suppressive fire. This idea was meant

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<v Speaker 2>with quote unquote general disagreement, according to Kent, yeah, of course,

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<v Speaker 2>also saying that it was not curiously planned for or

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<v Speaker 2>discussed the support committee rights that. Kent also testified that

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<v Speaker 2>the group quote discussed stealing U hauls to move free detainees,

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<v Speaker 2>but this did not have popular support. Defendant Autumn Hill

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<v Speaker 2>asked do we bring our guns? Song replied yes, I'm

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<v Speaker 2>not getting arrested.

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<v Speaker 3>Unquote yeah, just a lot of really horrible things to

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<v Speaker 3>have read out in a courtroom. Just yep, cool okay.

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<v Speaker 2>On signal, Song shared a YouTube short about suppressive fire.

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<v Speaker 2>Another defendant, Rueda, wrote that she didn't want to quote

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<v Speaker 2>unquote fed post Yeah. Someone else wrote that rifles that

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<v Speaker 2>the action may increase risk. Defendant Evitts sent a timeline

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<v Speaker 2>for the actions that day, writing things heat up after sunset.

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<v Speaker 2>Roeda wrote quote if people inside get rowdy, people in

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<v Speaker 2>this chat would be charged for conspiracy. Question Mark, and

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<v Speaker 2>then after the fourth of July shooting, someone messaged, quote,

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<v Speaker 2>please delete signal chats. Chats still on phone even if

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<v Speaker 2>removed from groups unquote Yeah. According to Support committee notes,

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<v Speaker 2>some signal messages were recovered from phones using Apple's internal

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<v Speaker 2>notification system, though even though signal had been removed YEA,

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<v Speaker 2>incoming messages were preserved in the internal memory on the phone.

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<v Speaker 2>Outgoing messages were not preserved because there's no notification system

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<v Speaker 2>for outgoing messages. You can set your settings on signal

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<v Speaker 2>to not display the message in notifications, and it seems

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<v Speaker 2>like that was not the case for these messages that

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<v Speaker 2>were taken from defendants phones.

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<v Speaker 3>Yeah, and this is a known I mean, the just

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<v Speaker 3>the fact that having notifications on with signal as a

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<v Speaker 3>privacy issue has been known for a while.

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<v Speaker 2>But yeah, two defendants, Liz Sojo and Savannah Batton, were

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<v Speaker 2>neither in planning chats nor attended the gear check. But

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<v Speaker 2>all the defendants who attended the protest did carpool together

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<v Speaker 2>in two vehicles and brought a total of eleven firearms,

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<v Speaker 2>body armor, individual first aid kits, and all these were

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<v Speaker 2>presented as government exhibits. I'm going to quote the Department

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<v Speaker 2>of Justice right up about this case. Quote. Evidence at

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<v Speaker 2>trial revealed most of the ANTIFA cell involved in the

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<v Speaker 2>Prairie Line attack looked to Song as a leader. Song

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<v Speaker 2>acquired firearms that were distributed to co defendants and recruited

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<v Speaker 2>members that gun ranges and combat sessions they conducted unquote yep.

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<v Speaker 3>Just as a general rule, like because the potential consequences

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<v Speaker 3>of having firearms in a protest are so high. If

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<v Speaker 3>you are showing up at a protest or organizing one

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<v Speaker 3>and people are talking about bringing them, it behooves you

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<v Speaker 3>to pay close attention to how they talk about them.

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<v Speaker 3>And if someone is talking about, for example, suppressed fire,

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<v Speaker 3>that's not something that is really relevant to a defensive

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<v Speaker 3>shooting in a legal situation. That's like a combat thing.

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<v Speaker 3>Like very rarely do self defense shootings involve suppressing fire.

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<v Speaker 3>I I just you have to be very very careful. Yeah,

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<v Speaker 3>And this is like a judgment thing, Like if you

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<v Speaker 3>hear people talking about guns who are going to be

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<v Speaker 3>bringing firearms to a protest or another event, and they

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<v Speaker 3>are talking in a way that sounds as if they

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<v Speaker 3>are like planning or eager to shoot it out with

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<v Speaker 3>the police or right wing count with anyone. That's a

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<v Speaker 3>thing to be very wary of. That's a real warning sign. Yeah,

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<v Speaker 3>that's a real red flag.

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<v Speaker 2>Yeah, that's a real red flag. The defense argued that

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<v Speaker 2>when Songs shot at the officer, Song was using suppressive fire,

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<v Speaker 2>claiming that Song aimed for the ground and the officer

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<v Speaker 2>was perhaps struck by a ricochet. We don't know if

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<v Speaker 2>that is true now, And there really is no legal

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<v Speaker 2>precedent no arguing suppressive fire in this way.

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<v Speaker 3>In a self defense shooting.

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<v Speaker 2>No, if you're shooting the direction of someone, yeah, they

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<v Speaker 2>absolutely can start shooting back, even if that absolute fire

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<v Speaker 2>is intended as being quote unquote suppressive. Right, Like, there's

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<v Speaker 2>there's really no legal precedent for arguing in this way.

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<v Speaker 3>And from a legal standpoint, if you were saying I

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<v Speaker 3>had to shoot at someone in immediate self defense, and

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<v Speaker 3>then you said, but I wasn't actually aiming at them.

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<v Speaker 3>I was just trying to suppress them that immediately. Like,

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<v Speaker 3>I mean, I don't think they were ever going to

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<v Speaker 3>be able to argue self defense because this was a cop.

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<v Speaker 3>But if this had not been, if this had been like,

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<v Speaker 3>you know, a right wing counter protester or something, the

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<v Speaker 3>fact that you're saying that you were like shooting to

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<v Speaker 3>try not to hit them is something that can get

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<v Speaker 3>you in trouble. That's an extremely dangerous thing from a

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<v Speaker 3>legal standpoint to talk about.

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<v Speaker 2>Especially if you're the one like initiating the use of

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<v Speaker 2>deadly force.

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<v Speaker 3>Yes, if you have Now if they if a group

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<v Speaker 3>of people start shooting at you and you are firing

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<v Speaker 3>and you're just trying to keep it whatever that you're

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<v Speaker 3>in a say, because they've started shooting at you, but

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<v Speaker 3>like this person started shooting, Like just from a legal standpoint,

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<v Speaker 3>this is a nightmare for the defense. Yeah, from the jump.

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<v Speaker 2>Yeah, some of the defendants attended a daytime protest outside

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<v Speaker 2>of this facility earlier on July fourth, and after which

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<v Speaker 2>they then reported back to fellow defendants details regarding the

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<v Speaker 2>facility security prior to this nighttime action. I think it's

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<v Speaker 2>time for a quick break and then we'll return to

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<v Speaker 2>discuss the Antifa terrorism cell aspect of this case.

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<v Speaker 3>Great, well, I hate all of this so far, Garrison,

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<v Speaker 3>here's some ads.

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<v Speaker 2>I guess we're back, So let's talk about quote unquote Antifa.

0:13:54.880 --> 0:13:57.080
<v Speaker 3>Yeah, let's talk about quote end quote Antifa.

0:13:57.760 --> 0:14:00.800
<v Speaker 2>The government argued that the defendants remembers of a quote

0:14:00.880 --> 0:14:08.040
<v Speaker 2>unquote North Texas Antifa cell. The indictment describes ANTIFA as

0:14:08.080 --> 0:14:11.280
<v Speaker 2>a quote militant enterprise made up of networks of individuals

0:14:11.280 --> 0:14:14.800
<v Speaker 2>and small groups, primarily ascribing to a revolutionary, anarchist or

0:14:14.840 --> 0:14:18.560
<v Speaker 2>autonomous Marxist ideology which explicitly calls for the overthrow of

0:14:18.559 --> 0:14:21.800
<v Speaker 2>the United States government, law enforcement authorities, and the system

0:14:21.840 --> 0:14:26.000
<v Speaker 2>of law unquote. So basically they view ANTIFA as left

0:14:26.040 --> 0:14:28.240
<v Speaker 2>wing anti authoritarians, right, That's how we can kind of

0:14:28.240 --> 0:14:32.240
<v Speaker 2>collapse the use of this term down into like a

0:14:32.280 --> 0:14:36.360
<v Speaker 2>single sentence, it's left wing anti authoritarianism. Though the defendants

0:14:36.560 --> 0:14:42.360
<v Speaker 2>never actually organized altogether under the Antifa name, the prosecution

0:14:42.560 --> 0:14:46.520
<v Speaker 2>argued that they were lanked through a triple ven diagram

0:14:46.600 --> 0:14:50.640
<v Speaker 2>of the Socialist Rifle Association, the John Brown Gun Club,

0:14:50.960 --> 0:14:54.600
<v Speaker 2>and the Emma Goldman book Club, and this all converged

0:14:54.840 --> 0:14:59.000
<v Speaker 2>on quote unquote direct militant action. I'm assuming people are

0:14:59.320 --> 0:15:02.640
<v Speaker 2>familiar with the SRA or the John Brown Gun Club

0:15:02.680 --> 0:15:06.040
<v Speaker 2>in some way. The Emma Goldman Book Club was a

0:15:06.160 --> 0:15:12.080
<v Speaker 2>local Zene distributor and publisher that also put on community

0:15:12.120 --> 0:15:17.440
<v Speaker 2>events from a radical, anti capitalist, usually anarchist friendly perspective

0:15:17.640 --> 0:15:20.280
<v Speaker 2>and mc goldwyn obviously being an anarchist yep.

0:15:20.560 --> 0:15:23.840
<v Speaker 3>And like the fact that obviously these three organizations aren't

0:15:23.840 --> 0:15:27.360
<v Speaker 3>actually tied together in any sort of like like they're

0:15:27.360 --> 0:15:29.680
<v Speaker 3>trying to frame it as like, you know, an al

0:15:29.760 --> 0:15:32.800
<v Speaker 3>Qaeda and an all Kainda affiliate type deal, right, which

0:15:32.840 --> 0:15:36.600
<v Speaker 3>is not sure accurate to how these organizations work or

0:15:36.680 --> 0:15:39.760
<v Speaker 3>what's going on here. But I'm not surprised that they

0:15:39.760 --> 0:15:40.920
<v Speaker 3>went with this line of argument.

0:15:41.160 --> 0:15:45.200
<v Speaker 2>I mean, yeah, the defendants had connections to these groups, right, Yeah,

0:15:45.240 --> 0:15:49.800
<v Speaker 2>And because these groups have an ideological underpinning that can

0:15:49.840 --> 0:15:52.960
<v Speaker 2>be seen as being quite similar in some ways, they're

0:15:53.040 --> 0:15:56.400
<v Speaker 2>viewing that as as part of the connection that connects

0:15:56.400 --> 0:15:59.600
<v Speaker 2>the individuals who were involved in these sorts of like

0:15:59.720 --> 0:16:01.880
<v Speaker 2>organizations or community events.

0:16:02.120 --> 0:16:05.000
<v Speaker 3>Yeah, and I'm not surprised that's how they tried to argue. Sure.

0:16:05.600 --> 0:16:09.880
<v Speaker 2>A sticky notepad found at the Soto residence contained passwords

0:16:10.080 --> 0:16:13.880
<v Speaker 2>for the Emma Goldman book Club Twitter account and an

0:16:13.920 --> 0:16:18.360
<v Speaker 2>Antifa Dallas fort Worth Twitter account, which prosecution used his

0:16:18.360 --> 0:16:22.360
<v Speaker 2>evidence linking defendants to quote unquote Antifa. The government also

0:16:22.520 --> 0:16:27.000
<v Speaker 2>called on David Kyle Shittler as an expert weitness to

0:16:27.080 --> 0:16:28.760
<v Speaker 2>testify about Antifa.

0:16:29.400 --> 0:16:29.720
<v Speaker 3>Yeah.

0:16:29.760 --> 0:16:32.960
<v Speaker 2>Shittler is a member of the Center for Security Policy

0:16:33.000 --> 0:16:36.760
<v Speaker 2>and SBLC designateed hate group. He also helped draft the

0:16:36.800 --> 0:16:40.960
<v Speaker 2>definition of Antifa given in this case, and used that

0:16:41.000 --> 0:16:43.800
<v Speaker 2>definition while testifying in front of the Senate last year.

0:16:44.640 --> 0:16:50.160
<v Speaker 2>The defense missed a deadline to challenge the prosecutions antifa

0:16:50.320 --> 0:16:54.080
<v Speaker 2>expert qualifications, which would have needed to be filed as

0:16:54.120 --> 0:16:57.520
<v Speaker 2>a pre trial motion as opposed to an objection. During

0:16:57.520 --> 0:17:03.280
<v Speaker 2>the trial, prosecutors also cited Trump's Antifa Executive Order, despite

0:17:03.280 --> 0:17:07.840
<v Speaker 2>disorder being signed months after the Prairie Land incident, and

0:17:07.960 --> 0:17:13.240
<v Speaker 2>the prosecutors also claimed that the International Antifa Defense Fund

0:17:13.400 --> 0:17:17.200
<v Speaker 2>contributed over five thousand dollars to the Prairie Land defendants

0:17:17.320 --> 0:17:22.280
<v Speaker 2>give Send Go crowd funding page. So much of this

0:17:22.400 --> 0:17:26.040
<v Speaker 2>case was spent arguing over whether the defendants were in

0:17:26.080 --> 0:17:30.359
<v Speaker 2>fact Antifa and what that even means, like what does

0:17:30.400 --> 0:17:33.520
<v Speaker 2>it mean to be Antifa and if that's actually relevant

0:17:33.560 --> 0:17:36.720
<v Speaker 2>to the charges that they were facing. And by the

0:17:36.760 --> 0:17:39.000
<v Speaker 2>end of the trial it became more clear that the

0:17:39.040 --> 0:17:44.960
<v Speaker 2>defendants weren't exactly being prosecuted for being members of Antifa. Rather,

0:17:45.040 --> 0:17:48.719
<v Speaker 2>the government asserted that their proximity to this idea of

0:17:48.760 --> 0:17:54.760
<v Speaker 2>Antifa provided evidence to their motive and preferred tactics. Quoting

0:17:54.800 --> 0:17:58.680
<v Speaker 2>the Support Committee courtroom notes, quote, the government's strategy was

0:17:58.720 --> 0:18:03.760
<v Speaker 2>to display zines, stickers, pamphlets, flags, and other political materials anarchist,

0:18:03.760 --> 0:18:07.560
<v Speaker 2>anti fascist, anti ice, animal liberation, and argued that this

0:18:07.720 --> 0:18:13.359
<v Speaker 2>shared ideology proves conspiracy and motive. FBI case agent Casey

0:18:13.440 --> 0:18:17.359
<v Speaker 2>Bennett testified that the materials quote show a group of

0:18:17.400 --> 0:18:21.680
<v Speaker 2>people sharing an ideology and that this quote might lead

0:18:21.760 --> 0:18:27.399
<v Speaker 2>us to intent behind the attack and shows a conspiracy unquote.

0:18:28.760 --> 0:18:33.120
<v Speaker 2>Towards the end of the trial, Judge Pittman asked the prosecution, quote,

0:18:33.720 --> 0:18:37.960
<v Speaker 2>is it necessary to prove this stuff about Antifa? The

0:18:38.000 --> 0:18:43.040
<v Speaker 2>Support Committee courtroom notes say that the prosecution responded by

0:18:43.080 --> 0:18:47.359
<v Speaker 2>saying that Antifa ideology, particularly black block, was how the

0:18:47.400 --> 0:18:51.520
<v Speaker 2>group operated. The judge pressed, quote, whether it's Antifa or

0:18:51.520 --> 0:18:54.879
<v Speaker 2>the Methodist Women's Auxiliary, why does it matter?

0:18:55.160 --> 0:18:55.400
<v Speaker 3>Yep.

0:18:55.680 --> 0:18:58.720
<v Speaker 2>The prosecution argued that they took quote unquote direct action

0:18:59.000 --> 0:19:02.800
<v Speaker 2>against the ICE facility and argued black block and Antifa

0:19:02.880 --> 0:19:06.720
<v Speaker 2>ideology were central to how the alleged attack was carried out.

0:19:07.240 --> 0:19:11.160
<v Speaker 3>Quote well, that's yeah, that's positive. At least I guess.

0:19:11.760 --> 0:19:13.600
<v Speaker 2>The government described Black Block for the purpose of this

0:19:13.640 --> 0:19:16.520
<v Speaker 2>case as quote dark clothing with head and face coverings

0:19:16.520 --> 0:19:19.760
<v Speaker 2>that concealed their identities, designed to hide each individual's identity,

0:19:20.080 --> 0:19:23.600
<v Speaker 2>but also to aid and those members engaged in illegal

0:19:23.600 --> 0:19:26.360
<v Speaker 2>acts by making members indistinguishable from one another to law

0:19:26.400 --> 0:19:29.639
<v Speaker 2>enforcement unquote. The jury was shown clothing from all the

0:19:29.680 --> 0:19:32.119
<v Speaker 2>defendants as evidence, as well as body armour and a

0:19:32.160 --> 0:19:36.640
<v Speaker 2>quote unquote resist fascism flag. Now, all this does raise

0:19:36.680 --> 0:19:39.879
<v Speaker 2>the question about whether this prosecution is against the defendant's

0:19:39.920 --> 0:19:44.480
<v Speaker 2>political ideology or the specific criminal acts of throwing fireworks

0:19:44.600 --> 0:19:48.080
<v Speaker 2>or shooting at a police officer, rather than being convicted

0:19:48.080 --> 0:19:51.600
<v Speaker 2>of being members of Antifa, the terrorist group, something that

0:19:51.600 --> 0:19:55.560
<v Speaker 2>still doesn't really have legal precedent. The prosecutors argued that

0:19:55.760 --> 0:19:59.520
<v Speaker 2>the Antifa ideology, left wing anti authoritarianism played a role

0:19:59.560 --> 0:20:02.119
<v Speaker 2>in in spe firing the defendants formed the basis of

0:20:02.200 --> 0:20:06.159
<v Speaker 2>political affinity that brought this collection of individuals together and

0:20:06.359 --> 0:20:10.320
<v Speaker 2>relate to a collection of security practices, subcultural practices, and

0:20:10.359 --> 0:20:14.320
<v Speaker 2>associated tactics which were employed before, during, and after the

0:20:14.359 --> 0:20:18.760
<v Speaker 2>criminal acts related to the noise demo quote unquote opsec

0:20:18.880 --> 0:20:22.080
<v Speaker 2>practices like you know, Black Block are using signal were

0:20:22.359 --> 0:20:25.800
<v Speaker 2>used as evidence, Yeah, that there was some sort of

0:20:25.840 --> 0:20:27.200
<v Speaker 2>conspiracy at foot.

0:20:28.040 --> 0:20:30.959
<v Speaker 3>Sure, yeah, I mean, yeah, that makes sense from a

0:20:31.000 --> 0:20:34.520
<v Speaker 3>prosecutorial standpoint, Right, these people are talking about like just

0:20:34.560 --> 0:20:37.160
<v Speaker 3>the fact that there are zines talking about the purpose

0:20:37.320 --> 0:20:40.960
<v Speaker 3>of black block and people are having a planning meeting

0:20:41.000 --> 0:20:43.119
<v Speaker 3>ahead of time where they're like checking their gear and

0:20:43.160 --> 0:20:44.840
<v Speaker 3>talking about how they're going to come in and block.

0:20:44.960 --> 0:20:48.800
<v Speaker 3>Like yeah, yeah, that's that's that's unfortunate. Yeah, I can

0:20:48.840 --> 0:20:51.399
<v Speaker 3>see why the prosecution went with that line of argument.

0:20:51.880 --> 0:20:54.160
<v Speaker 2>But how does this relate to like terrorism, right, because right,

0:20:54.240 --> 0:20:57.400
<v Speaker 2>conspiracy and terrorism are different things. Yes, So to get

0:20:57.440 --> 0:21:02.359
<v Speaker 2>an idea of the government's own preferred language regarding Antifa

0:21:02.480 --> 0:21:06.280
<v Speaker 2>terrorism all quote from the guilty plea drafted by the

0:21:06.320 --> 0:21:10.720
<v Speaker 2>government for a former defendant turned government witness. Quote the

0:21:10.880 --> 0:21:15.040
<v Speaker 2>terrorism was calculated to influence and affect the conduct of

0:21:15.160 --> 0:21:19.840
<v Speaker 2>government by intimidation or coercion. Co conspirators adhered to an

0:21:19.840 --> 0:21:25.360
<v Speaker 2>antifa anarchist ideology and organized cells or affinity groups. Co

0:21:25.359 --> 0:21:29.600
<v Speaker 2>conspirators began planning direct action at prairieland co conspirators agreed

0:21:29.640 --> 0:21:32.120
<v Speaker 2>to address in black bloc to provide cover for each

0:21:32.160 --> 0:21:35.920
<v Speaker 2>other to commit crimes, including concealing the escape of those

0:21:35.960 --> 0:21:40.080
<v Speaker 2>who committed destruction of government property unquote. So this is

0:21:40.119 --> 0:21:42.760
<v Speaker 2>how it relates to like the actual legal definition of terrorism, right,

0:21:42.760 --> 0:21:47.400
<v Speaker 2>which is certain criminal acts intending to change or influence

0:21:47.400 --> 0:21:50.840
<v Speaker 2>government policy by intimidation or coercion. Right. That's how the

0:21:50.880 --> 0:21:55.520
<v Speaker 2>government uses the term terrorism. And this this section of

0:21:55.560 --> 0:21:58.080
<v Speaker 2>the plea written by the government shows how the government

0:21:58.119 --> 0:22:01.600
<v Speaker 2>is self asserting the terrorists and that happened at Prairie Land.

0:22:02.359 --> 0:22:02.600
<v Speaker 3>Right.

0:22:03.880 --> 0:22:06.400
<v Speaker 2>There's been a lot of headlines talking about the role

0:22:06.440 --> 0:22:10.879
<v Speaker 2>of zines at this trial, and zines did play a

0:22:10.880 --> 0:22:13.919
<v Speaker 2>two part role. Prosecution did argue that the presence of

0:22:14.080 --> 0:22:20.080
<v Speaker 2>insurrectionary zines is indicative of some alignment with Antifa, even

0:22:20.119 --> 0:22:23.040
<v Speaker 2>if the possession of these zines itself is not a crime.

0:22:23.640 --> 0:22:28.000
<v Speaker 2>The government's Antifa expert testified that owning political text does

0:22:28.040 --> 0:22:34.120
<v Speaker 2>not necessarily indicate group membership or personal allegiance to an ideology. Quote.

0:22:34.640 --> 0:22:37.560
<v Speaker 2>Just because I own a copy of mind komf does

0:22:37.600 --> 0:22:40.760
<v Speaker 2>that make me a Nazi? If I own the Capital,

0:22:41.040 --> 0:22:43.120
<v Speaker 2>does that make me a Marxist? Unquote?

0:22:43.840 --> 0:22:44.040
<v Speaker 3>Sure?

0:22:44.280 --> 0:22:47.480
<v Speaker 2>Stunning? Stunning A first example given here.

0:22:47.840 --> 0:22:51.800
<v Speaker 3>Yeah, interesting call, but base, I mean, but also like

0:22:51.840 --> 0:22:52.639
<v Speaker 3>a valid argument.

0:22:52.720 --> 0:22:55.040
<v Speaker 2>Yeah, but this is true, right, Yes, And this is.

0:22:55.040 --> 0:23:00.840
<v Speaker 3>I've seen people framing the verdict as having zene or whatever,

0:23:01.200 --> 0:23:03.600
<v Speaker 3>like it's an act of terrorism, and that's not what

0:23:04.000 --> 0:23:05.280
<v Speaker 3>it was decided here.

0:23:05.600 --> 0:23:07.800
<v Speaker 2>No, what's happening here is a bit more complicated and

0:23:08.160 --> 0:23:09.080
<v Speaker 2>harder to explain.

0:23:09.440 --> 0:23:09.640
<v Speaker 3>Yes.

0:23:10.280 --> 0:23:13.040
<v Speaker 2>The other relevancy of zines to this case relate to

0:23:13.119 --> 0:23:17.800
<v Speaker 2>the concealing documents charges against des Estrata and his wife,

0:23:17.840 --> 0:23:21.440
<v Speaker 2>Mari Rayuda, based on transporting a box of political zines

0:23:21.440 --> 0:23:24.240
<v Speaker 2>from his wife's house to a friend's house in Denton, Texas.

0:23:24.880 --> 0:23:28.240
<v Speaker 2>The government claims that Roeda called Dez from jail on

0:23:28.400 --> 0:23:32.760
<v Speaker 2>July sixth, instructing him to conceal evidence. Now, we don't

0:23:32.800 --> 0:23:36.920
<v Speaker 2>have access to a full transcript of this call. The

0:23:37.000 --> 0:23:40.520
<v Speaker 2>full call was given to the jury, but sections of

0:23:40.560 --> 0:23:44.360
<v Speaker 2>it were read or listened to in court. The most

0:23:44.359 --> 0:23:47.280
<v Speaker 2>detailed account of the call segments played in court come

0:23:47.320 --> 0:23:51.480
<v Speaker 2>from notes taken by the prairieland Defense Support Committee. The

0:23:51.520 --> 0:23:54.920
<v Speaker 2>actual evidence exhibit is not yet available to be purchased

0:23:54.960 --> 0:23:57.960
<v Speaker 2>on PACER. Not sure if it will be or if

0:23:57.960 --> 0:24:00.399
<v Speaker 2>that'll just be after sentencing. But I tried to actually

0:24:00.400 --> 0:24:03.320
<v Speaker 2>get the transcript of the call, and it was not available.

0:24:04.160 --> 0:24:08.080
<v Speaker 2>Des told his wife that he already talked with her mom,

0:24:08.320 --> 0:24:12.320
<v Speaker 2>who she had previously called the day before. Rida talked

0:24:12.359 --> 0:24:17.080
<v Speaker 2>about fed's confiscating property. FBI Special Agent Whitworth said in

0:24:17.080 --> 0:24:21.400
<v Speaker 2>his opinion, Raeda was concerned about the evidence. Rieda then

0:24:21.480 --> 0:24:24.320
<v Speaker 2>voiced concern for her car parked at the twenty four

0:24:24.400 --> 0:24:27.760
<v Speaker 2>hundred block of fifty sixth Street, which had her phone

0:24:27.840 --> 0:24:32.000
<v Speaker 2>stored inside. This was the staging site before she went

0:24:32.080 --> 0:24:35.680
<v Speaker 2>to the action. She then instructed Dez to quote unquote

0:24:36.000 --> 0:24:38.760
<v Speaker 2>toe it. My phone is in the back. Do what

0:24:38.840 --> 0:24:43.240
<v Speaker 2>you got to do. Just toe it unquote. The Support

0:24:43.240 --> 0:24:47.639
<v Speaker 2>Committee wrote that quote. Prosecution replayed this section, characterizing it

0:24:47.720 --> 0:24:51.720
<v Speaker 2>as Rida trying to get rid of evidence. Rada says

0:24:51.760 --> 0:24:54.720
<v Speaker 2>to quote unquote retrieve her items from the vehicle, does

0:24:54.760 --> 0:24:57.000
<v Speaker 2>not refer to her items using the word evidence, and

0:24:57.040 --> 0:25:02.480
<v Speaker 2>does not say hide, destroy, or conceal. Des never actually

0:25:02.560 --> 0:25:05.119
<v Speaker 2>got to this car or the phone. He explained that

0:25:05.160 --> 0:25:08.560
<v Speaker 2>the vehicle would be repoed, But Royta also said in

0:25:08.600 --> 0:25:12.040
<v Speaker 2>this call, quote move whatever you need to move in

0:25:12.160 --> 0:25:17.000
<v Speaker 2>the house. The Support Committee wrote that quote. Prosecution argued

0:25:17.119 --> 0:25:20.800
<v Speaker 2>this meant moving evidence. Defense noted she was talking about

0:25:20.840 --> 0:25:24.800
<v Speaker 2>pets at the time. Quote on the call, Des mentioned

0:25:25.080 --> 0:25:27.760
<v Speaker 2>that he had already been at the house and replied,

0:25:27.800 --> 0:25:31.239
<v Speaker 2>quote unquote, were good in reference to moving stuff from

0:25:31.320 --> 0:25:35.000
<v Speaker 2>the house. The defense questioned how they could have conspired

0:25:35.200 --> 0:25:38.159
<v Speaker 2>out of order right because the government claims there was

0:25:38.200 --> 0:25:41.840
<v Speaker 2>a conspiracy to concealed documents, but Des here said that

0:25:42.240 --> 0:25:45.920
<v Speaker 2>he moved things before he actually got on this phone

0:25:45.920 --> 0:25:49.679
<v Speaker 2>call with his wife. The FBI answered that Des just

0:25:49.760 --> 0:25:53.679
<v Speaker 2>had already acquired the necessary information to act, just not

0:25:53.800 --> 0:25:57.479
<v Speaker 2>directly from his wife. Now, des was found guilty of

0:25:57.560 --> 0:26:02.520
<v Speaker 2>quote corruptly concealing a document or record by transporting a

0:26:02.560 --> 0:26:07.040
<v Speaker 2>box containing numerous ANTIFA materials such as insurrection planning, anti

0:26:07.280 --> 0:26:12.560
<v Speaker 2>law enforcement, anti government, and anti immigration enforcement documents and propaganda,

0:26:12.640 --> 0:26:16.080
<v Speaker 2>intending to conceal the box's contents and impair its availability

0:26:16.200 --> 0:26:19.760
<v Speaker 2>for use in a federal grand jury and federal criminal

0:26:19.800 --> 0:26:24.840
<v Speaker 2>proceedings unquote. That's from the DOJ. He and his wife,

0:26:24.960 --> 0:26:28.439
<v Speaker 2>Rita were found guilty of conspiracy to conceal documents and

0:26:28.520 --> 0:26:31.760
<v Speaker 2>other objects that would implicate Rada in the riot and

0:26:31.920 --> 0:26:35.280
<v Speaker 2>shooting at the Prairie Land Facility. Also, according to the

0:26:35.320 --> 0:26:38.960
<v Speaker 2>Department of justice. So basically this was an evidence tampering

0:26:39.080 --> 0:26:43.040
<v Speaker 2>charge of concealing evidence charge. The actual presence of the

0:26:43.160 --> 0:26:48.160
<v Speaker 2>zines was not the crime, but the government argued that

0:26:48.560 --> 0:26:52.000
<v Speaker 2>the zines themselves were evidence, or that des suspected they

0:26:52.040 --> 0:26:55.120
<v Speaker 2>could be evidence, and that's why he moved them from

0:26:55.440 --> 0:26:58.760
<v Speaker 2>his wife's house to this other location. We're gonna go

0:26:58.800 --> 0:27:13.040
<v Speaker 2>and rumber break and then return to discuss two more charges. Okay,

0:27:13.080 --> 0:27:16.800
<v Speaker 2>we're back nine of the counts, count one, two, four,

0:27:16.920 --> 0:27:22.400
<v Speaker 2>and five through ten cited Pinkerton versus United States, nineteen

0:27:22.560 --> 0:27:23.320
<v Speaker 2>forty six.

0:27:24.680 --> 0:27:25.040
<v Speaker 3>Okay.

0:27:25.680 --> 0:27:27.639
<v Speaker 2>The judge explained this to the jury by saying that

0:27:28.080 --> 0:27:31.960
<v Speaker 2>a defendant can be criminally liable for the offenses committed

0:27:32.040 --> 0:27:36.320
<v Speaker 2>by another co conspirator if the offense was quote reasonably

0:27:36.400 --> 0:27:41.040
<v Speaker 2>foreseeable and committed in furtherance of the conspiracy, with the

0:27:41.119 --> 0:27:44.639
<v Speaker 2>judge writing in jury instructions, quote, a defendant can be

0:27:44.680 --> 0:27:47.280
<v Speaker 2>found guilty and held criminally liable for an offense under

0:27:47.320 --> 0:27:50.720
<v Speaker 2>Pinkerton co conspirator liability even if the defendant was not

0:27:50.880 --> 0:27:54.520
<v Speaker 2>charged with conspiracy. It is not required that the conspiracy

0:27:54.640 --> 0:27:58.159
<v Speaker 2>agrees to commit or facilitate each and every part of

0:27:58.200 --> 0:28:01.800
<v Speaker 2>a substantive offense that is, in furtherance of the conspiracy.

0:28:02.160 --> 0:28:04.960
<v Speaker 2>A defendant must merely reach an agreement with the specific

0:28:05.040 --> 0:28:09.240
<v Speaker 2>intent that the underlying criminal objective be achieved by the

0:28:09.320 --> 0:28:14.879
<v Speaker 2>conspiracy unquote. Early in the trial, prosecution argued that song

0:28:15.000 --> 0:28:19.119
<v Speaker 2>firing on the officers was quote unquote reasonably foreseeable based

0:28:19.119 --> 0:28:22.560
<v Speaker 2>on the planning of the action and previous statements made

0:28:22.560 --> 0:28:27.000
<v Speaker 2>by Song, But this Pickerton liability also applied to the

0:28:27.040 --> 0:28:31.920
<v Speaker 2>other charges, including riot material sport terrorism, and the explosive charge.

0:28:31.960 --> 0:28:35.560
<v Speaker 2>The jury found all defendants that were charged guilty of

0:28:35.640 --> 0:28:39.800
<v Speaker 2>counts one, two, three, and four that's riot material support

0:28:39.920 --> 0:28:44.120
<v Speaker 2>and to explosive charges, but did not find the other

0:28:44.240 --> 0:28:48.960
<v Speaker 2>defendants besides Song, guilty of attempted murder or discharging a

0:28:49.000 --> 0:28:55.280
<v Speaker 2>firearm using the Pinkerton co conspirator liability. The prosecution wanted

0:28:55.320 --> 0:28:59.080
<v Speaker 2>the other individuals at the protest to be found guilty

0:28:59.240 --> 0:29:02.400
<v Speaker 2>of the charge of attempted murder using the liability, and

0:29:02.480 --> 0:29:06.640
<v Speaker 2>the jury did not do that. Let's talk about two

0:29:06.920 --> 0:29:11.760
<v Speaker 2>of the charges that now carry some worrying potential to

0:29:11.800 --> 0:29:14.880
<v Speaker 2>be used against protesters in the future based on the

0:29:14.920 --> 0:29:18.760
<v Speaker 2>precedent that this case sets. First, the conspiracy to use

0:29:18.800 --> 0:29:22.520
<v Speaker 2>and carry in explosive and using n carry an explosive

0:29:23.040 --> 0:29:27.280
<v Speaker 2>during a riot. The only quote nquote explosives at this

0:29:27.440 --> 0:29:32.280
<v Speaker 2>noise demonstration protest were fireworks, and the judge even confirmed

0:29:32.280 --> 0:29:35.800
<v Speaker 2>that it was established that the fireworks caused no damage

0:29:35.880 --> 0:29:40.920
<v Speaker 2>to the ice facility. Yet Steven Brennemann Atis Explosives Special

0:29:40.960 --> 0:29:45.760
<v Speaker 2>Agent testified that fireworks meet the statutory definition of explosives

0:29:46.160 --> 0:29:50.880
<v Speaker 2>under eighteen USC. Section eight four four IJ because the

0:29:50.920 --> 0:29:55.880
<v Speaker 2>fireworks contain gunpowder as defined in the statute. This could

0:29:55.880 --> 0:29:59.760
<v Speaker 2>have some pretty wide reaching implications. A lot of protests

0:29:59.880 --> 0:30:03.920
<v Speaker 2>u fireworks. This was a protest on fourth of July,

0:30:04.520 --> 0:30:08.600
<v Speaker 2>a day full of the use of fireworks. Robert and

0:30:08.640 --> 0:30:11.400
<v Speaker 2>I have been to a protest, covered a protest in

0:30:11.440 --> 0:30:15.000
<v Speaker 2>twenty twenty outside of a federal government building that also

0:30:15.320 --> 0:30:18.800
<v Speaker 2>had a lot of fireworks and fireworks shot towards the building. Yep,

0:30:19.160 --> 0:30:22.640
<v Speaker 2>if that happened, now, it's possible that people at this

0:30:22.760 --> 0:30:27.160
<v Speaker 2>protest could be charged with this conspiracy to use and

0:30:27.200 --> 0:30:28.200
<v Speaker 2>carry an explosive.

0:30:28.600 --> 0:30:31.959
<v Speaker 3>Yeah yeah, And I mean they've clearly been wanting arguing

0:30:32.040 --> 0:30:35.080
<v Speaker 3>for this ever since twenty twenty, right like fire Well,

0:30:35.120 --> 0:30:37.320
<v Speaker 3>because it wasn't just Portland wasn't the only place where

0:30:37.320 --> 0:30:41.520
<v Speaker 3>people were using fireworks. Generally, people were using fireworks as

0:30:41.640 --> 0:30:46.160
<v Speaker 3>kind of a response to the police using flash flashbacks, right,

0:30:46.240 --> 0:30:49.680
<v Speaker 3>like it was, it was a force equalizer. Both were

0:30:49.760 --> 0:30:52.840
<v Speaker 3>used quite often. But you know, like I had so

0:30:52.880 --> 0:30:54.920
<v Speaker 3>many of those fucking things blow up in my face

0:30:54.960 --> 0:30:56.920
<v Speaker 3>and then every day, like, these are not bombs, These

0:30:56.920 --> 0:31:00.400
<v Speaker 3>are not pipe bombs. Like it's not fun to have

0:31:00.480 --> 0:31:02.800
<v Speaker 3>them blow up right next to you, but it's these

0:31:02.840 --> 0:31:04.720
<v Speaker 3>are not like deadly explosives.

0:31:05.280 --> 0:31:10.400
<v Speaker 2>Yes, agreed. And even the agents investigating this case mailed

0:31:10.440 --> 0:31:14.480
<v Speaker 2>materials from these fireworks for testing using regular FedEx, not

0:31:14.600 --> 0:31:19.200
<v Speaker 2>labeling them as possibly dangerous or explosive, and the government

0:31:19.320 --> 0:31:22.240
<v Speaker 2>argued that it was because the amount in the FedEx

0:31:22.240 --> 0:31:24.760
<v Speaker 2>package was just so small that they didn't need to

0:31:24.880 --> 0:31:27.200
<v Speaker 2>label it as being dangerous.

0:31:27.640 --> 0:31:28.480
<v Speaker 3>Yeah.

0:31:28.640 --> 0:31:33.880
<v Speaker 2>Now, lastly, I need to discuss count two. It's providing

0:31:34.560 --> 0:31:39.360
<v Speaker 2>material support to terrorists. This is eighteen USC. Two three

0:31:39.480 --> 0:31:42.280
<v Speaker 2>three nine. This is the charge that a lot of

0:31:42.280 --> 0:31:45.600
<v Speaker 2>people are talking about. When they're mentioning someone has been

0:31:45.600 --> 0:31:49.720
<v Speaker 2>convicted of terrorism for XYZ, for using signal, for wearing

0:31:49.720 --> 0:31:53.360
<v Speaker 2>black block, for possessing zines. They're referring to this charge. Now,

0:31:53.520 --> 0:31:58.960
<v Speaker 2>this statute has two sections. Section B refers to knowingly

0:31:59.200 --> 0:32:04.120
<v Speaker 2>attempting to, conspiring to, or actually providing material support or

0:32:04.160 --> 0:32:09.440
<v Speaker 2>resources to a designated foreign terrorist organization. This is not

0:32:09.480 --> 0:32:12.080
<v Speaker 2>how the government used this statute, right, They're not considering

0:32:12.120 --> 0:32:16.520
<v Speaker 2>Antifa a foreign terrorist organization for the purposes of this case.

0:32:16.560 --> 0:32:19.240
<v Speaker 2>That's the how are using this. The defendants were charge

0:32:19.240 --> 0:32:23.040
<v Speaker 2>receection a alleging that they provided and attempted to provide

0:32:23.400 --> 0:32:27.600
<v Speaker 2>material support and resources and did conceal and disguise the

0:32:27.720 --> 0:32:32.240
<v Speaker 2>nature of their material support and resources including property, services, training,

0:32:32.240 --> 0:32:37.920
<v Speaker 2>communications equipment, weapons, explosives, personnel including themselves, and transportation, knowing

0:32:37.960 --> 0:32:41.680
<v Speaker 2>and intending that they were to be used in preparation for,

0:32:42.000 --> 0:32:46.080
<v Speaker 2>and in carrying out an offense identified as a federal

0:32:46.160 --> 0:32:49.200
<v Speaker 2>crime of terrorism, or carrying out the concealment of an

0:32:49.320 --> 0:32:52.840
<v Speaker 2>escape from an offense identified as a federal crime of terrorism.

0:32:53.120 --> 0:32:57.280
<v Speaker 2>That's a lot. Yeah, that's a long sentence. This is

0:32:57.280 --> 0:32:59.000
<v Speaker 2>certainly a very confusing charge.

0:32:59.200 --> 0:32:59.520
<v Speaker 3>Yeah.

0:32:59.640 --> 0:33:04.400
<v Speaker 2>Now, this statute lists at least twenty eight possible terrorism offenses.

0:33:05.280 --> 0:33:09.200
<v Speaker 2>Now relevant to this case are three eighteen Usc. Eight

0:33:09.400 --> 0:33:13.160
<v Speaker 2>four four F, which is maliciously attempting to damage government

0:33:13.160 --> 0:33:16.520
<v Speaker 2>property by means of fire or an explosive for the

0:33:16.560 --> 0:33:19.600
<v Speaker 2>purpose of this case, that is throwing fireworks at a building.

0:33:20.200 --> 0:33:24.640
<v Speaker 2>Eighteen USC. One three sixty's one. That's wilful depredation against

0:33:24.720 --> 0:33:28.040
<v Speaker 2>any property of the United States exceeding one thousand dollars.

0:33:28.560 --> 0:33:30.360
<v Speaker 2>For the purposes of this case, this would be damage

0:33:30.360 --> 0:33:34.160
<v Speaker 2>to government property in other ways like slashing tires, graffeiti

0:33:34.560 --> 0:33:38.080
<v Speaker 2>that sort of thing, right. And finally, eighteen USC one

0:33:38.240 --> 0:33:41.400
<v Speaker 2>one four killing or attempting to kill an officer or

0:33:41.440 --> 0:33:45.760
<v Speaker 2>employee of the United States. That's pretty self explanatory. Yeah,

0:33:46.000 --> 0:33:49.960
<v Speaker 2>So the government accused the defendants of providing material support

0:33:50.520 --> 0:33:54.760
<v Speaker 2>in furtherance of committing these three crimes of terrorism, even

0:33:54.800 --> 0:33:59.480
<v Speaker 2>if each individual defendant themselves did not actually commit one

0:33:59.520 --> 0:34:02.960
<v Speaker 2>of these three crimes. To quote the jury instructions, quote,

0:34:03.120 --> 0:34:05.800
<v Speaker 2>the government does not have to prove all of these

0:34:05.880 --> 0:34:08.560
<v Speaker 2>to you for you to return a guilty verdict on

0:34:08.680 --> 0:34:12.279
<v Speaker 2>this charge. Proof beyond a reasonable doubt on one is

0:34:12.560 --> 0:34:16.440
<v Speaker 2>enough unquote. So the jury does not need to find

0:34:16.960 --> 0:34:20.520
<v Speaker 2>proof that all of these three terrorism offenses were committed.

0:34:20.680 --> 0:34:24.319
<v Speaker 2>That the explosives charge, the destruction government property charge, or

0:34:24.360 --> 0:34:27.200
<v Speaker 2>the attempt at killing charge. They just need to find

0:34:27.239 --> 0:34:31.080
<v Speaker 2>proof beyond a reasonable doubt that material support was provided

0:34:31.239 --> 0:34:34.880
<v Speaker 2>for one of these. Part of what makes this charge

0:34:35.400 --> 0:34:39.839
<v Speaker 2>kind of dangerous is that we don't know which terroristic

0:34:40.000 --> 0:34:44.520
<v Speaker 2>crime or crimes the jury found sufficient evidence for, or

0:34:44.520 --> 0:34:48.560
<v Speaker 2>if they used different offenses for different defendants, Nor do

0:34:48.640 --> 0:34:52.840
<v Speaker 2>we explicitly know what the jury thought qualified as material support.

0:34:53.600 --> 0:34:55.960
<v Speaker 2>It could have been driving people to an action, a

0:34:56.000 --> 0:34:59.080
<v Speaker 2>mere presence at an action, wearing black clothes, providing money

0:34:59.120 --> 0:35:02.920
<v Speaker 2>to buy fireworks, all those could be considered material support.

0:35:03.400 --> 0:35:06.360
<v Speaker 2>But because of how the jury just writes guilty on

0:35:06.440 --> 0:35:10.520
<v Speaker 2>this charge, we don't actually know what the specific justification

0:35:10.600 --> 0:35:12.840
<v Speaker 2>they used to find this to be true. Because the

0:35:12.920 --> 0:35:16.160
<v Speaker 2>discharges so is so broad and can contain a lot

0:35:16.160 --> 0:35:20.120
<v Speaker 2>of things that qualify as material support, including just being

0:35:20.280 --> 0:35:23.760
<v Speaker 2>merely present at an action like personnel can be material

0:35:23.800 --> 0:35:27.160
<v Speaker 2>support in furtherance of a federal crime of terrorism. So

0:35:27.800 --> 0:35:31.800
<v Speaker 2>wearing black block at an action where no crime happens

0:35:32.320 --> 0:35:36.360
<v Speaker 2>would not constitute terrorism, but wearing black clothes at a

0:35:36.400 --> 0:35:39.960
<v Speaker 2>protest where someone does an ideologically motivated crime of terrorism

0:35:40.160 --> 0:35:44.239
<v Speaker 2>could be seen as materially supporting that crime or concealing

0:35:44.280 --> 0:35:48.040
<v Speaker 2>the escape of the person who committed that crime. I

0:35:48.080 --> 0:35:51.640
<v Speaker 2>want to quote from the judge's instructions to the jury

0:35:52.120 --> 0:35:57.080
<v Speaker 2>regarding the First Amendment. Quote, Constitutionally protected speech can be

0:35:57.120 --> 0:36:01.240
<v Speaker 2>properly used as evidence to prove a defend motive, intent,

0:36:01.480 --> 0:36:05.960
<v Speaker 2>and knowledge to commit the offense or further the unlawful

0:36:06.000 --> 0:36:10.959
<v Speaker 2>purpose of any jointly undertaken criminal activity. Stated another way,

0:36:11.400 --> 0:36:14.640
<v Speaker 2>if a defendant's speech, expression, or associations were made with

0:36:14.680 --> 0:36:19.160
<v Speaker 2>the intent to knowingly provide material support or resources to

0:36:19.280 --> 0:36:22.520
<v Speaker 2>be used to prepare for or carry out a violation

0:36:22.560 --> 0:36:24.680
<v Speaker 2>of federal law, or to carry out the concealment of

0:36:24.719 --> 0:36:27.680
<v Speaker 2>an escape from such a violation, then the First Amendment

0:36:27.880 --> 0:36:33.400
<v Speaker 2>would not provide a defense to that conduct unquote. So

0:36:33.880 --> 0:36:37.920
<v Speaker 2>it is possible now, using this case as precedent, if

0:36:37.960 --> 0:36:41.680
<v Speaker 2>you're present at a protest before someone commits a serious crime,

0:36:42.160 --> 0:36:44.560
<v Speaker 2>and you have a tangential link to that person, you

0:36:44.560 --> 0:36:47.840
<v Speaker 2>could also face similar charges. If you're in a group

0:36:47.960 --> 0:36:50.480
<v Speaker 2>chat with someone and then they commit a crime, you

0:36:50.560 --> 0:36:53.440
<v Speaker 2>could face similar charges. This is not the first time

0:36:53.480 --> 0:36:55.200
<v Speaker 2>the government has tried to use this sort of like

0:36:55.280 --> 0:36:58.839
<v Speaker 2>conspiracy against a large different group of protesters. Notably, they

0:36:58.880 --> 0:37:01.719
<v Speaker 2>tried to do this in Atlanta unsuccessfully. But I think

0:37:01.760 --> 0:37:04.680
<v Speaker 2>it's worth noting they were only unsuccessful on their reco

0:37:04.840 --> 0:37:09.000
<v Speaker 2>charges because of procedural error, not because of actual evidence

0:37:09.080 --> 0:37:12.080
<v Speaker 2>argued in court. It's that the prosecutor in that case

0:37:12.120 --> 0:37:15.080
<v Speaker 2>did not actually have justification or the legal justification to

0:37:15.239 --> 0:37:17.600
<v Speaker 2>bring this charge. So we never actually saw this get

0:37:17.840 --> 0:37:20.000
<v Speaker 2>argued out in front of a jury and find the

0:37:20.080 --> 0:37:22.880
<v Speaker 2>jury's verdict. But this is a part of an ongoing

0:37:22.880 --> 0:37:26.680
<v Speaker 2>strategy the prosecution has done against protesters the past few years,

0:37:26.960 --> 0:37:29.279
<v Speaker 2>and in this case successfully. Yeah.

0:37:29.280 --> 0:37:32.200
<v Speaker 3>And it's also like as bleak as this is, and

0:37:32.239 --> 0:37:36.120
<v Speaker 3>this is very bleak, this is not the final say

0:37:36.280 --> 0:37:38.680
<v Speaker 3>on how any case like this will be adjudicated everywhere.

0:37:38.719 --> 0:37:40.880
<v Speaker 3>This is a case in Texas, right like, this is

0:37:40.920 --> 0:37:43.839
<v Speaker 3>not Yes, this isn't the fucking US Supreme Court. It's

0:37:43.840 --> 0:37:46.279
<v Speaker 3>not even the Texas Supreme Court. Right, Yeah, Not to

0:37:46.320 --> 0:37:50.640
<v Speaker 3>minimize how fucking awful this is, but this does not

0:37:50.800 --> 0:37:53.960
<v Speaker 3>mean this is how cases like this will be adjudicated

0:37:54.160 --> 0:37:57.239
<v Speaker 3>every time they come to court everywhere in the US.

0:37:57.760 --> 0:38:00.920
<v Speaker 2>Yes, And the vagueness of the material support charge is

0:38:00.920 --> 0:38:03.040
<v Speaker 2>like a double edged sword, right one. It can be

0:38:03.120 --> 0:38:05.040
<v Speaker 2>used in cases like this, and we don't actually know

0:38:05.480 --> 0:38:09.080
<v Speaker 2>how they were exactly able to successfully argue that because

0:38:09.120 --> 0:38:13.000
<v Speaker 2>we don't know which specific federal offense of terrorism the

0:38:13.080 --> 0:38:17.279
<v Speaker 2>jury found material support was provided for, or if it

0:38:17.320 --> 0:38:21.320
<v Speaker 2>was multiple offenses, Nor do we know exactly which things

0:38:21.360 --> 0:38:26.320
<v Speaker 2>the jury found constituted material support. But because we don't

0:38:26.360 --> 0:38:31.040
<v Speaker 2>know these things, that means when prosecutors try to argue

0:38:31.040 --> 0:38:33.840
<v Speaker 2>this charge again in the future, they kind of have

0:38:33.960 --> 0:38:36.839
<v Speaker 2>to start from the ground floor all over again. It's

0:38:36.840 --> 0:38:41.279
<v Speaker 2>harder to apply this exact precedent because the specific things

0:38:41.280 --> 0:38:44.840
<v Speaker 2>that constituted material support and the specific crime that material

0:38:44.840 --> 0:38:49.440
<v Speaker 2>support was provided for are sort of ambiguous. But the

0:38:49.520 --> 0:38:52.719
<v Speaker 2>vagueness of this charge certainly leads to a lot of confusion.

0:38:53.440 --> 0:38:55.960
<v Speaker 2>And you can now look at this case and see

0:38:56.000 --> 0:39:00.800
<v Speaker 2>that legal possession of firearms or firearms training and possession

0:39:00.840 --> 0:39:04.799
<v Speaker 2>of political paraphernalia could bolster ideological links between you and

0:39:04.840 --> 0:39:08.240
<v Speaker 2>defendants which could be used as evidence for a charge

0:39:08.280 --> 0:39:11.080
<v Speaker 2>like this right yep, or for conspiracy charges, and that

0:39:11.200 --> 0:39:15.040
<v Speaker 2>obviously is worrying. Now. A Song faces a minimum penalty

0:39:15.040 --> 0:39:18.839
<v Speaker 2>of twenty years a maximum of life in prison. Other

0:39:18.880 --> 0:39:21.400
<v Speaker 2>defendants of Prairie Land face sentences ranging from a minimum

0:39:21.440 --> 0:39:24.320
<v Speaker 2>of ten years to up to sixty The husband convicted

0:39:24.360 --> 0:39:27.200
<v Speaker 2>of concealing documents faces up to forty years in prison,

0:39:27.440 --> 0:39:30.360
<v Speaker 2>and those who pled guilty face the sentences of up

0:39:30.400 --> 0:39:33.600
<v Speaker 2>to fifteen years in federal prison, though their cooperation may

0:39:33.800 --> 0:39:39.480
<v Speaker 2>lower that. Another man faces charges for evidence tampering because

0:39:39.560 --> 0:39:44.239
<v Speaker 2>he allegedly removed Prairie Land defendants from discord chats last year.

0:39:44.719 --> 0:39:48.200
<v Speaker 2>But this is a state charge which will be going

0:39:48.200 --> 0:39:49.960
<v Speaker 2>to trial later in April.

0:39:51.000 --> 0:39:53.759
<v Speaker 3>Yeah, that'll be interesting to watch, I guess. Yeah, this

0:39:53.880 --> 0:39:56.480
<v Speaker 3>is bleak. This is extremely worrying. That's part of the

0:39:56.640 --> 0:40:00.319
<v Speaker 3>point is to scare people, to make people feel they

0:40:00.320 --> 0:40:05.200
<v Speaker 3>can't trust other activists, to make people scared to organize,

0:40:05.239 --> 0:40:08.520
<v Speaker 3>to make them scared to be in group chats. And yeah,

0:40:08.600 --> 0:40:11.600
<v Speaker 3>there's very real reason to be concerned as a result

0:40:11.680 --> 0:40:13.600
<v Speaker 3>of this. However, none of this should be seen as

0:40:13.680 --> 0:40:16.600
<v Speaker 3>like the final word on all of this stuff. And

0:40:16.640 --> 0:40:19.279
<v Speaker 3>this certainly is not as simple as just having a

0:40:19.400 --> 0:40:23.399
<v Speaker 3>zine or wearing black is terrorism. Now, that's not what

0:40:23.520 --> 0:40:24.640
<v Speaker 3>was adjudicated here.

0:40:24.960 --> 0:40:27.919
<v Speaker 2>No, these things do all relate to, or they're trying

0:40:27.920 --> 0:40:30.680
<v Speaker 2>to be connected to, you know, actual crimes which did occur.

0:40:30.680 --> 0:40:33.400
<v Speaker 3>And that's certainly the goal by the way that the

0:40:33.520 --> 0:40:36.440
<v Speaker 3>right has, but that's not what they've achieved quite yet.

0:40:36.520 --> 0:40:39.280
<v Speaker 2>I mean, it's definitely a way to try to scare

0:40:39.280 --> 0:40:42.279
<v Speaker 2>people out of organizing in the sense that you know,

0:40:42.400 --> 0:40:46.880
<v Speaker 2>you cannot be found a terrorist just by calling yourself

0:40:46.920 --> 0:40:50.160
<v Speaker 2>like Antifa, just by being Antifa alone by yourself, Yeah,

0:40:50.239 --> 0:40:51.759
<v Speaker 2>you're not going to be a terrorist. The same way

0:40:52.200 --> 0:40:54.520
<v Speaker 2>you can't be put in jail just for being a Nazi,

0:40:54.800 --> 0:40:57.360
<v Speaker 2>right right. But if you are part of a Nazi

0:40:57.360 --> 0:40:59.520
<v Speaker 2>group chat where you're planning an action, and then a

0:40:59.600 --> 0:41:02.880
<v Speaker 2>Nazi does something at the at the action, like shooting

0:41:02.920 --> 0:41:06.560
<v Speaker 2>a power substation, then that Nazi and the other Nazis

0:41:06.600 --> 0:41:09.400
<v Speaker 2>that he's organizing with, you know, could face terrorism charges.

0:41:10.120 --> 0:41:12.480
<v Speaker 2>That That is how those sorts of like cases work,

0:41:13.160 --> 0:41:16.120
<v Speaker 2>and a very similar thing is being done here. Mm hmm.

0:41:16.560 --> 0:41:20.880
<v Speaker 2>It's it's not the actual like political ideology necessarily at trial,

0:41:21.160 --> 0:41:24.400
<v Speaker 2>but organized with other people in furtherance of a political

0:41:24.440 --> 0:41:28.160
<v Speaker 2>ideology is what the government is trying to suppress. Yep.

0:41:28.960 --> 0:41:32.239
<v Speaker 3>Cool, Well, I don't have anything else to add at

0:41:32.239 --> 0:41:32.720
<v Speaker 3>this point.

0:41:33.000 --> 0:41:37.000
<v Speaker 2>You know, no when will certainly cover this. One's sentencing

0:41:37.080 --> 0:41:40.840
<v Speaker 2>happens later this year in June be careful.

0:41:41.280 --> 0:41:44.680
<v Speaker 3>And if you're in a group chat with somebody who

0:41:44.760 --> 0:41:46.880
<v Speaker 3>keeps writing shit that you're like, wow, that would be

0:41:46.960 --> 0:41:49.399
<v Speaker 3>a terrible thing to hear read back in court. Really

0:41:49.440 --> 0:41:53.960
<v Speaker 3>reconsider saying in a group chat with that person. Just

0:41:54.160 --> 0:41:57.560
<v Speaker 3>be wary about what you say and what other people

0:41:57.600 --> 0:42:01.800
<v Speaker 3>say to you online, not just because of court stuff,

0:42:01.920 --> 0:42:04.960
<v Speaker 3>because that like, if somebody is being incredibly reckless with

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<v Speaker 3>the things that they are putting down and writing, they're

0:42:07.719 --> 0:42:11.440
<v Speaker 3>probably being reckless in other areas. Just be careful, you know, folks,

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<v Speaker 3>Be careful.

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<v Speaker 1>It could happen Here is a production of cool Zone Media.

0:42:18.200 --> 0:42:21.240
<v Speaker 1>For more podcasts from cool Zone Media, visit our website

0:42:21.320 --> 0:42:24.879
<v Speaker 1>coolzonmedia dot com, or check us out on the iHeartRadio app,

0:42:24.960 --> 0:42:28.480
<v Speaker 1>Apple Podcasts, or wherever you listen to podcasts. You can

0:42:28.560 --> 0:42:30.880
<v Speaker 1>now find sources for it could Happen here listed directly