On this episode of the Fresh Podcast, we have a special guest in the house, Andrew Branke. Andrew is a self defense attorney and self defense advocate. He has been in the business for 34 years and is a member of the U.S. Supreme Court Bar. In this episode, we talk about the case of Abrego Garcia vs. Trump and the immigration case against Trump.
00:12:52.000And in the video, you really, you know, articulated in a very strong fashion where, hey, look, when it comes to self-defense, you don't go on, you know, 2020.
00:13:01.000Rather, you go on the facts that were presented to you at the time that the use of force was done.
00:13:04.000And would a reasonable person behave that way?
00:13:41.000Well, I'm best known for my self-defense law stuff.
00:13:44.000Law of self-defense is my law practice.
00:13:46.000I've been doing that for 34 years, a member of the U.S. Supreme Court bar.
00:13:51.000And I both represent people in court in self-defense cases and spend most of my time actually teaching people how to be hard to convict, how to be an unattractive target for prosecution if they're ever compelled to defend themselves, their family, or their property against some criminal predator.
00:14:08.000The other thing I do is legal political commentary on YouTube.
00:14:11.000I have a channel there, The Andrew Branca Show.
00:14:14.000It'd be great if people subscribed and checked it out.
00:14:17.000Talk about lots of the lawfare cases against Trump, the stuff like Abrego Garcia, the immigration case that just came out today.
00:14:30.000Can you give people the quick statement of facts and then we can kind of go into what's going on with that and how it's pretty significant?
00:14:38.000So Abrego Garcia is a guy who came to the U.S. unlawfully and he was given a final order of deportation, I think in 2016, which means you're supposed to get out of the country.
00:14:50.000And normally they give that to you and then they leave it to you to get out.
00:15:35.000The Secretary of State, Marco Rubio, said, hey, anyone who's, I believe it was MS-13 member, is now designated to be a terrorist organization.
00:16:00.000So at that moment, he had to be deported from the U.S. So they went and they grabbed him and they deported him to El Salvador.
00:16:07.000Well, some legal groups didn't like that.
00:16:09.000They went to federal court to try to fight to get him back into the U.S. And that's what we've been doing now for months and months with this case.
00:16:16.000And they brought him back, what, like, I think a month or two ago?
00:16:27.000This is really just a lawfare case against Donald Trump.
00:16:30.000These are left-wing groups that don't like Donald Trump, don't like what he's doing with immigration.
00:16:35.000And there is, in fact, no legal authority for this federal court to be doing any of this.
00:16:40.000Many years ago, Congress said federal courts, because the federal courts only exist because Congress creates them.
00:16:47.000And Congress decides what jurisdiction, what authority they have, and what limits they have on their authority.
00:16:52.000And many years ago, Congress made the decision, we don't want our federal district courts full of immigration cases.
00:16:58.000We're going to strip immigration law away from the federal district courts and put it in specialized immigration courts.
00:17:04.000So the federal courts, the district courts, actually, they have no legal authority to handle any immigration matters, but they're pretending that they do.
00:17:14.000So this judge issuing these orders in the cases of Obrego Garcia is doing so in the complete absence of legal authority.
00:17:21.000And she's just a judge, I call them rogue judges, a judge in rebellion against the constitutional order, exceeding her lawful authority.
00:17:30.000And every time these cases end up working their way up to the Supreme Court, the Supreme Court sides with Trump.
00:17:34.000He's winning every time it gets up to the Supreme Court.
00:17:37.000But what they're doing is a delaying action.
00:17:42.000Now, whatever you may think of his agenda, however you may feel about immigration, he is the elected Article II executive branch president of the United States who has legal authority to do certain things.
00:17:52.000And immigration is one of them where he has authority, the immigration courts have authority, and these federal district court judges just do not.
00:18:00.000You know, it's really interesting because up until the Sobrego-Garcia case, right, I had never seen the district courts really step in because, you know, it was left to the immigration judges.
00:18:16.000So it's really interesting to me how the district courts, the only time I've ever seen Title VIII stuff or INA stuff come into a district court is if it's criminal, right?
00:18:23.000When I was an agent, like, you know, someone human smuggling or, you know, doing some other, you know, illegal re-entry, right?
00:18:30.0001326, then it will go criminal to the district courts because, you know, it's criminal.
00:18:56.000So those would go to district court, but then 1325, sometimes you, I mean, you would still, would you still be presented in front of a judge for that?
00:19:33.000No, and the thing with immigration court, and I've been saying this for a while, it's extremely backed up.
00:19:37.000Like we're talking about people, you know, they got their, they're waiting to see an immigration judge.
00:19:41.000This is why like when people get arrested and then they get like a release on on recognizance or ROR, they might not see an immigration judge for like five to 10 years.
00:20:00.000Lots of civil cases, lots of criminal cases.
00:20:02.000And they were backed up and Congress said, listen, we're going to clear this backlog out and just set up separate immigration courts to handle all this stuff.
00:20:58.000So this judge had ordered him to bring Obrego Garcia back into the U.S. And he's like, I don't have to do that.
00:21:04.000There's nothing in the law that says that.
00:21:05.000But to act like he's working with them, he said, all right, I'll bring him back, but we're going to prosecute him in federal district court for a crime, for human trafficking.
00:21:14.000Oh, is that what they charged him with?
00:22:06.000They have the names of all the people.
00:22:08.000So they've decided, all right, well, judge, if you're going to make us bring him back, we'll bring him back, but we're going to prosecute him in criminal court.
00:22:14.000Now, the judge in the criminal cases says, well, I'm going to release him on bail, which legally is probably the decision the judge is required to make.
00:22:21.000But then ICE said, well, if you're going to kick him loose on bail in the criminal case, we're going to pick him up on the immigration issue.
00:22:27.000And what happened today was the judge who's pretending she has authority over the immigration stuff said, I prohibit ICE from taking this guy into custody.
00:22:36.000And DHS finally, and this may be a groundbreaking moment, I read today in the news just before we went live, DHS has announced, screw that, we're arresting him.
00:24:39.000So if you guys remember that video, he was actually assaulted in his car, apparently, because he didn't want to comply with the police.
00:24:47.000How would he handle that as self-defense, attorney?
00:24:52.000Well, the question would be, did he reasonably perceive that he was being the victim of an unlawful use of force?
00:24:58.000You can defend yourself against unlawful force by the police.
00:25:02.000It's possible for police to use too much force, for example, more than they're allowed.
00:25:06.000And if they're using excess of force, you are allowed to defend yourself against that unlawful force.
00:25:10.000But you better be right that it was unlawful because police are allowed to use force under a lot of circumstances that you or I would not be allowed to do.
00:25:19.000Police are allowed to punch people in the head while making arrest if the person is not complying with arrest.
00:25:40.000I'm sure he was an adult, but I'm of a certain age.
00:25:42.000This young man, maybe he believed that he was allowed to not be compliant.
00:25:47.000Maybe he believes he's allowed to demand a supervisor show up or that the cop give him a lengthy explanation or that he can debate the traffic stop on the side of the road.
00:25:56.000Maybe he genuinely believes that, but that's not the law.
00:25:59.000The cop doesn't have to do any of that.
00:26:02.000And if you refuse to comply, the cop is allowed to arrest you.
00:26:06.000And once he makes the decision to arrest you, no one talks themselves out of arrest.
00:26:10.000The moment that cop's made the decision he's going to make a lawful arrest of you, he'll just use as much force as is necessary to make that lawful arrest.
00:26:17.000In this case, they broke out the car window because he wouldn't get out of the car.
00:26:53.000But when you watch the longer body-worn camera footage, this young man had every opportunity to lawfully comply, present his license, do all the things he has a legal duty to do.
00:29:01.000And by the way, it turned out the cops didn't see it until after he was cuffed up, but it turned out he had a large unsheathed knife on the floorboard right at his feet.
00:29:10.000If the cops had seen that before they got him out of the car, he could well have been shot.
00:29:46.000From a law enforcement perspective, right?
00:29:47.000Not only did he not comply with your commands, your lawful commands, and being rambunctious, now you can't even see what the fuck he's doing.
00:29:54.000And we can see the reflection, the environmental circumstances, right?
00:29:59.000The bottom line is if the cop cannot see your hands, that becomes a life-threatening situation for the cops.
00:30:04.000He's got to be able to see your hands.
00:30:05.000When I was in the academy, the number one thing they teach you, two things, you're always going to go home at night.
00:30:09.000And then number two, you need to see the hands.
00:30:11.000If you don't see the hands, you do whatever you need to do to see the hands.
00:30:14.000Because the hands are the only things that could really hurt you.
00:30:17.000So yeah, like right now, he's escalated this significantly like an idiot.
00:30:21.000And people forget, cops have families too.
00:30:25.000And not only that, bro, they indoctrinate you in the police camps, whether it's a federal academy like the FBI or us, HSI, or a local police or state police.
00:30:32.000All police training in America is you will go home, you'll win the fight.
00:30:36.000And they show you hours upon hours of footage of cops getting killed in the line of duty so that you're always vigilant and not, you know, by being complacent, how it kills you by not looking at the hands.
00:30:46.000So they indoctrinate you to always have this mindset where, yo, I need to see the hands.
00:31:07.000But if the person's cooperative, the cop stays cool.
00:31:10.000But the moment this happens and the person becomes obstructive, now the risk to the cop goes, not just the cop, but also to the suspect, goes through the roof.
00:31:18.000I cover a lot of cases where the scenario goes sideways like this and somebody ends up dying.
00:32:07.000And we don't know if this is a violent neighborhood or excuse me, a dangerous neighborhood or not, but that would also add to the threat level as well.
00:32:13.000If they're pulling him over somewhere where it's not the best area or we know he might be a member of a gang because Jacksonville has a huge gang problem.
00:32:21.000So that's something else to also keep in mind is that police officers conduct traffic stops all the time to kind of prevent crime and pull people over, Figure out who they are, et cetera.
00:32:31.000It's an investigative tool that they utilize a lot.
00:32:33.000Yeah, so I never actually knew you were in law enforcement until just now when you mentioned it.
00:32:38.000But you'll know that, of course, cops have to have reasonable suspicion to stop you.
00:32:42.000Now, if you're in a vehicle, there's almost always something they can come up with for reasons.
00:32:47.000But if there's a light out or the wipers aren't on in the rain or whatever, you didn't use your blinker to change lanes, they need some legal excuse to pull you over.
00:32:55.000But often there's a broader reason to pull you over, investigative purposes, because a very high percentage of traffic stops for little ticky-tacky reasons turn into bigger offenses.
00:33:05.000They find contraband, they find weapons, they find warrants.
00:33:09.000And so, as you say, it's an investigative tool for them.
00:33:11.000Now, this car, by the way, had a lot of body damage on it.
00:35:53.000Because on her side, she can articulate that you're bigger than her.
00:35:56.000She can articulate that you're stronger than her.
00:35:58.000She can articulate that if you hit her one time, she gets knocked out and she can go.
00:36:01.000All she has to do is prove that you are a threat to her life, which is going to be significantly easier because she's smaller and you're bigger.
00:36:06.000And she's going to probably walk for her life.
00:37:54.000I mean, I don't worry about that kind of thing.
00:37:55.000And just so you guys know, before you guys try to make this a fucking, well, not you guys, because you guys are based, but before someone tries to make this a race thing, the chief of police is black.
00:38:12.000The bottom line is that in almost all cases, it's not the police officer or officers who are making the decision about how much force to use.
00:38:19.000It's the suspect that is making the decision about how much force is going to be required to get him to comply with lawful commands.
00:38:26.000And I'm glad you mentioned that because I always tell people, right?
00:38:29.000Police aren't going to meet you at the same, if you go ahead and you square up against a cop.
00:38:34.000He's not going to sit there and square up with you.
00:40:16.000Well, in BJJ, if someone's got, you're trying to get their arms, you're trying to get a limb to control, right?
00:40:20.000Sometimes people will bury their arms.
00:40:22.000Well, you start smacking them on the head just so they'll try to block your, and then you got the arm, and then you can grab it.
00:40:28.000Cops are doing, they got to get your arms too.
00:40:29.000They got to get your arms to cuff you.
00:40:31.000So they don't want your hands around your waistband or in places they can't see or control.
00:40:36.000So if they smack you in the head or punch you in the head, your hands are going to come up to defend yourself and then they can secure you.
00:43:39.000If you don't mind, Paul, the Page Chair, Press Print CEO on Rumble, we go crazy with it Tuesdays and Thursdays for the after-hour show, and it gets lit.
00:45:06.000Now, the law says you don't have to put up with that.
00:45:09.000You don't have to put up with a non-deadly force attack.
00:45:11.000If you're facing a non-deadly force attack, you can use non-deadly force in self-defense.
00:45:16.000And he could have done that here to prevent her from throwing.
00:45:19.000Like if she was going to grab another shoe or whatever it was she was throwing, he could have grabbed her arms so she couldn't throw stuff at him or hit stuff or throw drinks at him.
00:45:27.000The trouble is not the black letter of the law, which is pretty straightforward, What I just described, the trouble is all the context and politics around it because you do have a dude, a big dude, it looked like, and then you have a woman.
00:45:39.000And every time the cops show up and there's a dude and a woman conflict, they tend to side with the woman and not with the dude.
00:46:00.000But when you're dealing with a woman, there's a lot of political risk, not black letter law risk, but political risk that arises because you're dealing with a woman.
00:46:08.000And that's why women are more violent, because they know they can get away with it.
00:47:01.000They're actually more violent on every level.
00:47:02.000So women are far more likely to abuse children than men are.
00:47:05.000Most people don't know that, but that's statistically true.
00:47:09.000Well, I don't mean nice as in, like, I mean as in I'm going to use this when I debate women because I debate them all the time and they try to, you know, Pearl, of course.
00:47:22.000And of course, women know they can get away with it.
00:47:25.000A woman can smack a dude and there's a prospect he won't smack her back.
00:47:28.000Two dudes are not going to do that, right?
00:47:30.000One dude smacks another dude, something's coming back at him.
00:47:33.000But women know they can get away with it in that kind of tactical, physical context.
00:47:37.000And women are kind of agents of chaos anyway.
00:47:40.000I mean, all men know, we step into a room with other men, we all know that if we talk enough shit to those other dudes, a fist may come our way, right?
00:48:04.000But when they resort to violence against men, they know they can get away with it, and that's why they do it.
00:48:09.000I've noticed that, like, because I was talking about this, how in domestic violence situations, people tend to think that men just beat on women.
00:48:43.000So, no, I'm glad, you know, because this is, I'm glad that you're kind of like the bunky myths here because everyone always thinks, oh, well, men are more violent and men are the ones that are beating on women.
00:50:40.000This might be out of your wheelhouse, but do you know any law firms that help homeowners who've been wrongfully represented by another law firm for insurance claims here in Florida?
00:50:50.000Let me ask because Google searches can be very misleading, and anyone who goes on FNF are very vetted and trusted.
00:50:56.000So he wants to know, do you know any law firms that help homeowners who've been wrongfully represented by another law firm for insurance claims?
00:51:27.000They're fine for most things, but not super complicated things.
00:51:30.000Then there's a whole bunch of really shitty lawyers out there.
00:51:33.000And there's maybe 10% at the top where if it were something really important to you, like going to prison for the rest of your life or divorce, you want one of those top 10% guys.
00:52:29.000It's always interesting to me how people that don't work in law enforcement or people that don't deal with these types of rambunctious people try to sit there and Monday morning quarterback.
00:52:39.000The punch was absolutely necessary because the guy wasn't complying.
00:52:42.000They need to get him down to the floor.
00:52:44.000It doesn't matter how many officers are there.
00:52:46.000They need to get him down as quickly as possible.
00:52:47.000Because just like Andrew said, the longer the interaction happens, the more dangerous it becomes.
00:52:51.000It's for his safety to get him under custody quickly.
00:52:53.000The longer it runs, the tireder people get, the more scared they get, the more they're going to escalate to a higher degree of force.
00:52:59.000I often, frankly, I think it should be required for men to engage in some kind of combat sport activity, BJJ, boxing, something, where you're forcibly having to resist someone else's efforts to control you or to strike you.
00:53:12.000And people don't, because if you don't do that, you don't understand, like I saw images of you boxing.
00:53:22.000And if this is a fight for your life and that's happening, you know you're getting spent and you know you're running out of energy and you know you're losing your ability to defend yourself.
00:53:30.000And that's when cops end up going to the gun.
00:53:32.000So if you can avoid that by getting control in five seconds instead of three minutes, everybody stays safer.
00:55:22.000A lot of you guys don't know what the fuck you're talking about.
00:55:24.000It's very common now when police, when a police officer ends up shooting someone, especially if the person dies, their career is effectively over.
00:55:30.000So when I was a young attorney, there were lots of cops out there who'd been in five, six, seven, eight shootings over the course of their career.
00:55:36.000You don't find those guys anymore because they don't exist in law enforcement.
00:55:39.000The moment a cop's involved in a fatal shooting, he's sidelined in his career.
00:55:43.000Because they want to make sure that they're never going to have to defend that guy for having shot the seventh person or the eighth person because it looks bad.
00:55:50.000So they just don't want him around anymore.
00:55:51.000And not only that, like, because here's the thing.
00:55:54.000You're going to get an internal affairs investigation.
00:55:56.000Then the state police are going to come in and do an investigation.
00:55:58.000And then on top of that, if it rises to a level maybe where like they say you violated someone's civil liberties, then the FBI might get involved.
00:56:16.000Like even if you're clean, you're still going to deal with, if it's a clean shoot, you're still going to deal with so much bureaucracy and bullshit that's going to limit your career.
00:56:22.000Any promotions you have lined up, sidelined immediately.
00:56:27.000And the cost of these legal defenses is unbelievable.
00:56:29.000So like if a police officer is charged with a felony, often he loses all support from the department.
00:56:35.000So he's paying his legal expenses himself.
00:56:37.000Very common in a felony level case, especially involving deadly force, for many of the cases I work on, hundreds of thousands of dollars are spent on legal expenses before you ever get to trial.
00:57:16.000So when there's two trials, either like you may have a hung jury and they decide to try you again or you have a state trial and then you end up going to federal court.
00:57:23.000You spend all your money on the first trial to try to avoid going to prison for the rest of your life.
00:57:28.000And then if they try you again, you don't have any resources left.
00:57:32.000I see a lot of cases where someone, a defendant, has a very high-paid private lawyer the first time he's tried and the second time it's a public defender because he's completely spent.
00:57:40.000And the prosecution knows this, by the way.
00:57:42.000The prosecution knows they can burn through your money.
00:58:07.000Who was it that was talking about this?
00:58:08.000There was a study done where they found that after all the like Ferguson and everything, they call it the Ferguson effect, where since people getting shot, especially black men getting shot is so widely publicized and it leads to so much backlash, they've actually seen crime increase because a lot of law enforcement officers don't want to do proactive policing.
00:58:29.000I mean, it's bad enough if your department's going to back you up, you're actually getting into gunfights with people, right?
00:58:33.000Which is, that's not a great thing to do.
00:58:36.000But if you're going to do that and then you're not going to be backed up and you're going to be looking at spending the rest of your life in prison as a cop, why would, and what are they paying you?
00:58:46.000I think it was Larry Elder that talked about this, but they literally call it the Ferguson effect, where law enforcement officers stop doing proactive policing.
00:58:54.000When you stop doing proactive policing, criminals are able to kind of do what they want to do, and you're only responding to 911 calls.
00:58:59.000If you're only responding to 911 calls, you're reacting, right?
00:59:05.000So it actually has the opposite effect when cops are scared to do their job because they're not going to be backed up by their police department.
00:59:10.000So this is literally what's been going on in America whenever these BLM riots happen.
00:59:14.000Like cops are like, you know, fuck that.
01:00:26.000But yeah, bro, whoever said that, Super Chattan, bro, I'll be honest with you, bro.
01:00:28.000You're speaking from a position of privilege and you don't understand what it's like to be a law enforcement officer in America where you're under constant bullshit from criminals and you don't know these individuals and you're going in like cold.
01:00:40.000So I hate Monday morning quarterbacks when people say that shit.
01:00:44.000Also, also, if robots do come into play and they find you in the streets, they have no emotions.
01:01:42.000Maybe he sees the knife in the car and now he has to shoot that guy because he can't risk that the guy is going to reach down for the knife on the floorboard.
01:01:57.000It's like you got a lawyer here and you got a former agent telling you that the cops acted fine and you're an idiot and you're still trying to argue.
01:02:53.000And what I always have to tell people is on your person would be very inconvenient.
01:02:57.000In your car, at your home, it's probably a good idea.
01:03:01.000But the real answer is, well, it depends on what's recorded.
01:03:06.000If it records you doing things right, that's great.
01:03:09.000And then you have evidence favorable to you.
01:03:10.000But if you set up cameras and then you do things wrong, that's bad evidence for you.
01:03:16.000So whether or not you should have cameras is really a function of, do you know what your legal rights are, what your privilege to use force is?
01:03:23.000If you're using force within the legal boundaries, you want every camera in the world to record that.
01:03:28.000But if you don't know what the legal rules are for use of force, you don't know if you're acting lawfully or not.
01:03:33.000And then for all you know, all your cameras are recording you committing a crime.
01:04:44.000He had just chewed a whole bunch of tablets when the cops approached because he didn't want to be caught with the drugs.
01:04:49.000He had very high levels of fentanyl in his blood system, and he made the poor decision to physically fight four cops for about 10 minutes before they got him on the ground.
01:04:59.000I think his physiology And his drug overdose killed him.
01:05:02.000I don't think, just look at that video.
01:05:03.000When you see Derek Chauvin there, does he look like he's someone committing murder on camera?
01:06:55.000I should have just ignored him and just walked away.
01:06:56.000But obviously, I was very annoyed because it's been like the second or third time now that this fucking guy's been following me around talking shit.
01:07:02.000So, but I do think you guys can learn from my mistake.
01:07:05.000And we could kind of analyze it here with a self-defense lawyer.
01:07:08.000Because a lot of you guys will find yourselves in a situation like this where you might be in a physical confrontation.
01:08:08.000So, just as a basic principle, if you cannot get in a fight with someone consistent with your own safety and the safety of people you have a duty to protect, if you can safely withdraw, you should always do that.
01:08:21.000Because the moment you're hands-on in a fight, you just incurred two risks you were not incurring a moment before.
01:08:46.000Now, one of the issues here is there's a concept.
01:08:50.000Obviously, if you're the initial aggressor, if you were to run up to that guy with your fist up, you would be the initial aggressor in the fight.
01:09:03.000But there's another way to lose innocence, and that is to be what's called a provoker with intent.
01:09:07.000Provoker with intent is not the initial aggressor.
01:09:10.000He's not the guy who throws the first punch, but he's the guy who provokes the other person to throw the first punch, so he'll have an excuse to use force against him.
01:14:30.000I do end up walking away and getting the better of, you know, understanding that I got to fucking exercise restraint.
01:14:35.000But yeah, he approached me now four times.
01:14:37.000Now, would you say that plays into it at all, Andrew, as far as like, I guess, in the totality of the circumstances where he's been approaching me multiple times now, and then I'm like, what the fuck?
01:15:15.000You're allowed to use non-deadly force to stop a trespass.
01:15:18.000You can't shoot someone for a trespass, but you can use pepper spray to stop a trespass, which is what he did, which is why I think his conduct is defensible.
01:15:26.000But by the way, this kind of stuff is very important.
01:15:27.000So a large part of what I do is cover these kinds of use of force events on video because we don't want people to learn this stuff from their own fights.
01:15:36.000We want people, like pilots, we don't want pilots learning about plane crashes from their own plane crashes.
01:15:41.000Pilots learn about plane crashes from studying other pilots' plane crashes.
01:15:46.000A lot of what I do at lawselfdefense.com is go through these videos, break them down so all of us can learn from other people's experiences.
01:15:53.000Now, your whole audience is learning from this, right?
01:15:55.000And guys, I bet you would do things differently.
01:16:22.000The smart play is to always be making egoless, emotionless decisions in self-defense.
01:16:28.000Now, I'm a guy who carries a gun for personal protection.
01:16:30.000I have every day my entire adult life.
01:16:32.000I've never come close to needing it because I'm very good at not getting my ego engaged and extracting myself from these kinds of confrontations.
01:18:12.000But what the law would say is, unless you had a, unless other people, a jury, believed you had a reasonable perception of a threat of harm from him, you can't use force in self-defense.
01:19:18.000So like he'll be like, I'll be walking around Brickle with Frank and he's behind me like three blocks away recording saying like, oh, look at this weirdo.
01:19:27.000So to me, I was like, what the fuck, man?
01:19:29.000And he's, and people have sent me these clips like, yo, look, this guy's like stalking you or recording you as you're walking with your dog.
01:19:36.000So I would save all that, just put it in a file on your computer.
01:19:39.000So if the lunatic ever shows up with a gun or a knife and you have to, really have to defend yourself, you have all that documentation, all that context.
01:20:46.000Which is why I wanted you guys to see it, man, because this happens every fucking day.
01:20:49.000Every single one of you guys in this chat has probably been in a situation like that with someone harassing you and you fucking get back and you engage because you want to beat them up and you're pissed off.
01:21:13.000Okay, Myron, I'm by no means against the police, but I've seen an officer reach in and smack a civilian while and before ordering them to get out.
01:22:51.000Give it a look, The Andrew Branca Show on YouTube.
01:22:54.000Let me ask you this then, so we can leave the guys with something like with a little bit of value.
01:22:58.000What would you say are the top two or three tips that you can give someone so that it would be very hard for a prosecutor to bring charges against them when it comes to self-defense?
01:24:07.000Let's say you tell them, instead of saying, come over here and see what happens, you say, look, man, I don't want to, if you come near me, I'm going to be forced to defend myself.
01:24:50.000It doesn't look like you want to fight.
01:24:52.000And then just be backing up, create space, create distance.
01:24:55.000A lot of times these people are bullies.
01:24:56.000They just want to control their immediate environment.
01:24:59.000And if you can walk away from the fight, that's a great way for normal law-abiding people to win a fight is to not have to get into the fight in the first place.
01:25:19.000You might say, listen, if you keep coming closer, I'm going to have to defend myself.
01:25:22.000And by the way, you should in your mind.
01:25:24.000So this is more of a tactical thing, but it's useful legally because it's easy to explain the reasons for your decision making and reasonableness is one of the requirements for self-defense.
01:25:34.000But you might make a decision to yourself, like, if that guy gets within six feet, then I'm going to have to defend myself.
01:25:40.000So you set up kind of a trip line in your mind.
01:25:42.000If that guy crosses that bush, that's close enough that I have to defend myself or I won't be.
01:25:50.000What I would tell him is not so much where the trip line is because that might influence his own decision making, but I would tell him not to come any closer.
01:25:56.000If you come any closer, I'm going to have to defend myself.
01:27:10.000For a personal experience, next girlfriend ruined my life with a false physical assault allegation.
01:27:14.000Is there a way an attorney can utilize studies suggesting that the perceived likelihood of false accusations by women is often overestimated in the legal system, especially when a lack of concrete evidence is present?
01:28:41.000This is why I have such little respect for civilians like the other retard that came in and said, oh, that was excessive, whatever.
01:28:46.000Motherfucker, you've probably never been in a fight or a life or death situation like that before because you're talking from 2020 hindsight.
01:28:53.000So yeah, when they did that, it was actually very eye-opening how regular people pull the trigger immediately when they're in a situation like that.
01:28:59.000Before you guys speak about somebody, put yourself in your shoes to understand full context because cops are people too.
01:29:04.000So anyway, yo, Andrew, it's great having you, man.